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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a municipal trial court in Naga City, Judge Ana Mercado fixes bail at PHP 7,500,000 for accused Renato Dela Cruz charged with murder following a street altercation. Dela Cruz is a 46-year-old factory supervisor with a net monthly income of PHP 25,000 and owns a house with equity around PHP 1,000,000. The prosecution argues the weight of evidence is strong, while the defense contends that the bail amount is excessive and would effectively preclude posting. Dela Cruz seeks to post bail through cash and surety. The court denies Dela Cruz’s motion for reduction. (a) Identify the controlling doctrine and the standard factors used in fixing bail under Rule 114 and the 1987 Constitution. (b) Apply the facts: is the amount of PHP 7,500,000 a reasonable bail? Why or why not? (c) If the bail is excessive, what remedies are available to secure relief and what steps should be taken in pursuing them?

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Clara

Hello