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Unformatted text preview: idence on his behalf 8. Against double jeopardy 9. Bail 1. Criminal Due Process Q: What are the requisites of criminal due process? A: 1. Accused is heard by a court of competent jurisdiction 2. Accused is proceeded against under the orderly processes of law 100 3.
4. Accused is given notice and opportunity to be heard Judgment rendered was within the authority of a constitutional law Q: Is right to appeal a part of due process? A: The right to appeal is not a natural right or part of due process. It is a mere statutory right, but once given, denial constitutes violation of due process 2. Right to Bail Q: What is meant by bail? A: It is the security given for the release of a person in custody of law, furnished by him or a bondsman, conditioned upon his appearance before any court as required. Q: When may the right to bail be invoked? A: The right to bail may be invoked once detention commences even if no formal charges have yet to be filed. (Teehankee v. Rovira, G.R.No. L‐101, Dec. 20, 1945) Q: When is bail a matter of right? A: All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or be released on recognizance as prescribed by law or the Rules of Court. Q: When is bail a matter of discretion? A: Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment, bail becomes discretionary. (Sec. 5, Rule 114, Revised Rules of Criminal Procedure) Should the court grant the application, the accused may be allowed to continue on provisional liberty during the pendency of the appeal under the same bail subject to the consent of the bondsman. Q: When shall bail be denied? A: If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accused, of the following or other similar circumstances: POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS...
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