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Situation explanation and example. (Picture ni siya)


State section 13 and explain

All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may
be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas
corpus is suspended. Excessive bail shall not be required.
III.
Define reclusion perpetua and state its difference with life imprisonment. Tackle some issues and site
examples (Janet Napoles: how the media was wrong when they said nga life imprisonment ang sentence sa
iyaha) Site other examples of crimes punishable by reclusion perpetua.
promulgated on 25 May 1994, the First Division touched on the nature of the penalty of reclusion perpetua in the light
of Section 21 of R.A. No. 7659 1 which amended Article 27 of the Revised Penal Code by specifically fixing the duration
of reclusion perpetua at twenty (20) years and one (1) day to forty (40) years.
Accordingly, the time included in the penalty of reclusion perpetua (twenty [20] years and one [1] day
to forty [40] years) can be divided into three equal portions with each composing a period. The periods
of reclusion perpetua would then be as follows:

Article 114 of the Revised Penal Code, as amended, is hereby amended to read as follows:
"Art. 114. Treason. - Any Filipino citizen who levies war against the Philippines or adheres to her enemies giving
them aid or comfort within the Philippines or elsewhere, shall be punished by reclusion perpetua to death and
shall pay a fine not to exceed 100,000 pesos."
"Section Three. - Piracy and mutiny on the high seas or in the Philippine waters
Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters. - The penalty of reclusion perpetua shall
be inflicted upon any person who, on the high seas, or in Philippine waters, shall attack or seize a vessel or, not being
a member of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment
or passengers.
Art. 246. Parricide. - Any person who shall kill his father, mother, or child, whether legitimate of illegitimate, or any of
his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of
reclusion perpetua to death."
Kidnapping and serious illegal detention. - Any private individual who shall kidnap or detain another, or in any other
manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death
When Right May be Invoked When Right May not be Invoked
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VIII.

Factors to be taken into account in fixing the bail explaination(unsa may mga considerations or mga
situations nga naay exemptions?)
Types of bail. How to apply for bail? What are the methods? Kinsay adtuon? Mabalik pa ba tong imong
gipyansa? If ever mabalik, unsa to sila? If non bailabable ang kaso does this really mean nga di najud k aka
piyansa or sayop lang ang term nga non-bailable
Bail bond guide (Kintahay si sir Carl nakabuhat ug ingon ani nga crime, pila ang equivalent ato sa bail nga
kinahanglan niya ihatag?)
Picture ni siya (situation example sa section 14)
State section 14 and explain

Rights of the Accused during Trial


1. Constitutional Provision. Section 14(2), Article III enumerates rights of the accused in all criminal prosecutions, to
wit:

(a) Right to be presumed innocent until the contrary is proved;


(b) Right to be heard by himself and counsel;
(c) Right to be informed of the nature and cause of the accusation against him;
(d) Right to have a speedy, impartial, and public trial;
(e) Right to meet the witnesses face to face; and
(f) Right to have compulsory process to secure the attendance of witnesses and the production of evidence in his
behalf.
2. Criminal Prosecution. These are rights of the accused in criminal prosecutions. Under the Rules, criminal
proceedings start from arraignment up to the rendition of final judgment by the court. Arraignment refers to that stage
of the criminal proceeding when the information is read to the accused to which he pleads guilty or not guilty. The
proceeding continues until a final judgment is entered by the court. The judgment is final when there is nothing for the
court to do but to execute it. Thus, during this duration the accused can invoke the said rights under the proper
circumstances.

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