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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Maria Santos is charged with illegal possession of firearms in the Regional Trial Court. She posts cash bail in the amount of PHP 420,000 through a private surety. On the date set for arraignment, she fails to appear; the trial court immediately orders the forfeiture of the bail and issues warrants for her arrest. After 90 days, she is apprehended and brought to court; the surety files a motion for remission of the forfeiture, asserting that the non-appearance was due to a sudden medical emergency arising from a traffic accident, supported by a medical certificate, and Santos subsequently surrendered. The court denies the remission. In light of these facts, answer: (a) Identify the controlling doctrine governing forfeiture and the possible relief from it (exoneration/remission). (b) Distinguish between forfeiture and exoneration/remission of bail, including who may initiate relief and under what circumstances relief is granted. (c) Apply the rules to the facts: was the forfeiture proper, and could the bond be exonerated given the accused’s subsequent surrender?

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Clara

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