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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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An accused in the Regional Trial Court for estafa posts cash bail of PHP 900,000 through a private corporate surety. On the arraignment date, the accused fails to appear. The trial court immediately orders the forfeiture of the bail and issues warrants for arrest. After 150 days, the accused is apprehended and brought to court. The corporate surety files a motion for remission of the forfeiture, contending that the non-appearance was due to a sudden medical emergency requiring hospitalization, supported by medical certificate, and that the accused subsequently surrendered to authorities. The court denies the remission. In light of these facts, answer: (a) Identify the controlling doctrine governing forfeiture and the possible relief from it (exoneration/remission). (b) Distinguish between forfeiture and exoneration/remission of bail, including who may initiate relief and under what circumstances relief is granted. (c) Apply the rules to the facts: was the forfeiture proper, and could the bond be exonerated given the accused’s subsequent surrender?

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Clara

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