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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Eduardo Mercado is charged with murder, a capital offense, in the Regional Trial Court of Iloilo City (Branch 5). He files a bail application under Rule 114 arguing that the evidence of guilt is not strong and that he is not a flight risk. The prosecution counters with: (a) a DNA analysis of a bloodstain found at the scene showing a partial profile consistent with Mercado's DNA, with analysts noting possible contamination and inability to exclude other individuals; (b) a CCTV frame showing a person wearing a dark green parka leaving the area; the jacket resembles one Mercado owns, but the face is obscured and the footage cannot conclusively identify him; (c) a local eyewitness identifies the person seen leaving as someone of Mercado's build, but the witness later recants, citing poor lighting. The defense presents a credible alibi: Mercado was at a charity run in Legazpi City during the time of the crime, verified by organizers, volunteers, and video footage from the event. The court must resolve whether Mercado may be admitted to bail pending trial. (a)Identify the controlling standard for granting bail in capital offenses. (b)Apply that standard to these facts and state whether Mercado should be admitted to bail, with brief justification. (c)If bail is granted, specify typical conditions that may be imposed; if bail is denied, discuss the remedies available to Mercado.

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Clara

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