A it is a remedy available to any person whose right

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Unformatted text preview: he AFP facing a court martial Q: What are the factors to be considered in setting the amount of bail? A: 1. Financial ability of accused 2. Nature and circumstances of offense 3. Penalty for offense 4. Character and reputation of accused 5. Age and health of accused 6. Weight of evidence against him 7. Probability of appearance at trial 8. 9. Forfeiture of other bail Whether he was a fugitive from justice when arrested 10. Pendency of other cases where he is on bail (Sunga v. Judge Salud, A.M. No. 2205‐MJ, Nov. 19, 1981) Q: Should there be a hearing? A: Whether bail is a matter of right or of discretion, reasonable notice of hearing is required to be given the prosecutor, or at least he must be asked for his recommendation, because in fixing the amount of bail, the judge is required to take into account a number of factors. (Cortes v. Judge Catral, A.M. No. RTJ‐97‐1387, Sept. 10, 1997) When the accused is charged with an offense punishable by reclusion perpetua or higher, a hearing on the motion for bail must be conducted by the judge to determine whether or not the evidence of guilt is strong. (Baylon v. Judge Sison, A.M. No. 92‐7‐360‐0, Apr. 6, 1995) Q: Is the right to bail available to an alien during the pendency of deportation proceedings? A: Yes, provided that potential extraditee must prove by clear and convincing proof that he is not a flight risk and will abide with al orders and processes of the extradition court. (Government of Hong Kong Special Administrative Region v. Olalia Jr., G.R 153675, Apr. 19, 2007) 3. Presumption of Innocence Q: How is the presumption applied? A: Every circumstance favoring the innocence of the accused must be taken into account. The proof against him must survive the test of reason; the strongest suspicion must not be permitted to sway judgment (People v. Austria, G.R. No. 55109, Apr. 8, 1991) Q: Who may invoke the presumption of innocence? A: It can be invoked only by an individual accused of a criminal offense; a corporate entity has no personality to invoke the same. Q: What is the Equipoise Rule? A: Under the equipoise rule, when the evidence of both sides are equally balanced, the ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U...
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