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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a criminal case before the Regional Trial Court (RTC) of a province, bail is denied by the judge on the ground of a grave risk to public safety and a strong prima facie case. The accused’s counsel promptly files a petition for certiorari under Rule 65 challenging the denial on the ground of grave abuse of discretion. (a) Identify the proper remedy when bail is denied and the governing doctrine. (b) Distinguish this remedy from an ordinary appeal of the bail ruling and from a petition for habeas corpus. (c) Apply to the facts: the RTC’s order cites public safety risk and a strong prima facie case as bases for denial; the petition for certiorari alleges grave abuse for misapplying the bail standard and for disregarding exculpatory evidence and other relevant factors presented by the defense. Based on the facts, determine whether the remedy should be granted and why.

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Clara

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