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Existenceofactualinvasionorrebellion 2

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Unformatted text preview: : WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. BILL OF RIGHTS a. b. c. d. e. That he is a recidivist, quasi‐recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration; That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without valid justification; That he committed the offense while under probation, parole, or conditional pardon; That the circumstances of his case indicate the probability of flight if released on bail; or That there is undue risk that he may commit another crime during the pendency of the appeal. The appellate court may, motu proprio or on motion of any party, review the resolution of the RTC after notice to the adverse party in either case. (Sec. 5, Rule 114, Rules of Court) Note: The conduct of petitioner in applying for bail indicated that he had waived his objection to whatever defect, if any, in the preliminary examination conducted by respondent judge (Luna v. Plaza, G.R. No.L‐27511, Nov. 29, 1968) The right to bail is available from the very moment of arrest (which may be before or after the filing of formal charges in court) up to the time of conviction by final judgment (which means after appeal). No charge need be filed formally before one can file for bail, so long as one is under arrest. (Heras Teehankee v. Rovira, G.R. No. L‐101, Dec. 20 1945) Q: Who are not entitled to bail? A: 1. Persons charged with offenses punishable by reclusion perpetua or death, when evidence of guilt is strong 2. Persons convicted by the trial court. Bail is only discretionary pending appeal 3. Persons who are members of t...
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