Remedial Law Notes

1. No bail shall be required when the law or the Rules of Court so provide. (Rule 114, Sec. 16, Rules of Court) 2. When a person has been in custody for …

Facts: Santos was arrested lawfully without a warrant for carnapping and detained at Camp Crame in Quezon City . He asked for a preliminary invest…

●  A court has the power to prohibit a person admitted to bail from leaving the Philippines. This is a necessary consequence of the nature and function…

Sec. 17, Rule 114 of the Revised Rules on Criminal Procedure allows that any person in custody who is not yet charged in court may apply for bail with …

● Trial in absentia is valid provided that: a)  the accused has been arraigned; b) he has been duly notified of the trial; and c) his failure to appear…

The municipal trial judge has no legal authority to determine the character of the crime. His authority is limited to determining whether the evidence …

Although the Provincial Prosecutor had interposed no objection to the grant of bail to the accused, respondent judge should nevertheless have set the p…

In resolving a motion for admission to bail, a bail hearing is mandatory to give the prosecution reasonable opportunity to oppose the application by sh…

Bail is a matter of right before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua or life imprisonment.…

The capital nature of an offense is determined by the penalty prescribed by law, not by the penalty to be actually imposed in view of the attendant cir…