Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Criminal Procedure › Bail (Rule 114)
5. Bail-Negating Circumstances
Two Scenarios under Rule 112, Section 5:
- If the accused is convicted and sentenced by the RTC to imprisonment exceeding 6 years but not more than 20 years AND none of the above circumstances (recidivist, etc.) is present, the grant of bail is a matter of discretion. The court may or may not grant bail.
- If the accused is convicted and sentenced by the RTC to imprisonment exceeding 6 years but not more than 20 years AND one or more of the above circumstances (recidivist, etc.) is present, bail should be denied. (Leviste v. CA, G.R. No. 189122, 2010)
Authorities
- Leviste v. Court of Appeals, G.R. No. 189122, 17 March 2010