Bail

1. RP to higher
MURDER = accused – application for bail/petition for bail (bail is a matter of discretion – the court conducts
SUMMARY HEARING (mandatory) prosecution must present evidence of guilt is strong.
2. Imprisonment lesser than RP
HOMICIDE = you post for bail (as a matter of right) = if fugitive or flight risk = increase the bail

When bail is a matter of right and discretion?

Ask permission if u want to go outside the jurisdiction

Information was already filed and the warrant of arrest was not yet delivered to you, or haven’t been arrested
yet can u post bail?
= Padua vs. People, when bail is a matter of rights, the fixing of bail is ministerial on the part of the judge even w/out
the appearance of the accused. YOU REALLY NEED TO SURRENDER TO THE JURISDICTION OF THE COURT.

What if u have been arrested, u can still question the validity of the arrest?
= yes, posting bail does not mean that u waive your right to question the legality of your arrest.

MOTION TO QUASH – info is attacked

1. Facts charged does not constitute an offense
2. No jurisdiction over the offense charged
3. No jurisdiction over the person of the accused
4. The officer who filed the info had no authority to do so
5. Information does not conform substantitally to the prescribed form
6. More than one offense is charged
7. The criminal action or liability has been extinguished
8. Information contains averments which if true would constitute a legal excuse or justification

MOTION FOR BILL OF PARTICULARS – info is valid but contains

1. CRIMINAL DUE PROCESS

Substantive – lawful subject and lawful means = must have reasonable connection = valid exercise of police power + void for
vagueness rule

Procedural due process

2. Right to be presumed innocent = not weakness of the defense but on strength of prosecutions evidence
- Proof beyond reasonable doubt
- Equipoise rule
- Presumption of guilt = disputable, human experience
3. Right to be heard by himself and counsel = right to be present (4) = promulgation of judgment, arraignment, during
trial, identification, when required by court.
- Right to present evidence
- Right to counsel
- Waive his right to counsel = court must ask searching qs in order for the accused to be protected of his right.

Right to be present during trial = can be waive in 4 instances:

Right to present evidence = correlate to right to compulsory processes (right to obtain subpoena): 2 kinds: witnesses + documents

Viatory right of witness = right not to be compelled to testify in court if 100km away. (Rule 21 of CivPro)

If criminal proceedings, cannot be invoked because right to compulsory processes is a constitutional right
Part 2.