Kumpol Vs Tubol

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1. A. Yes, the arrest was lawful.

B yes, the bail is proper.


Under the law, All persons in custody before or after conviction by the court of an offense not
punishable by death, reclusion perpetua or life imprisonment, be admitted to bail as a matter of right,
with sufficient sureties, or be released on recognizance as prescribed by law or this Rule.

In the given case, the crime committed by AA is only Slight Physical injuries that is not punishable by
death, reclusion perpetua or life imprisonment. Hence, the bail is proper.

The law provides that


C. Bail is the security given for the release of a person in custody of the law, furnished
by him or a bondsman, conditioned upon his appearance before any court as required
under the conditions hereinafter specified. Bail may be given in the form of corporate
surety, property bond, cash deposit or recognizance

D. Bail shall be denied by the court when the accused

A. The crime committed is punishable by death, reclusion perpetua or life imprisonemtn.

a has previously escaped from legal confinement, evaded sentence,  or  violated  the 
conditions  of  his  bail  without  valid justification;

(c) That he committed the offense while under probation, parole, or conditional pardon;
 
(d)  That  the  circumstances  of  his  case  indicate  the  probability  of flight if released on
bail; or  (e)  That  there  is  undue  risk  that  he  may  commit  another  crime during the
pendency of the appeal.

2. Arrest  is to take a person into the custody of the law in order for him to be bound for the commission of an
offense .
B. when, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit
an offense; (b) when an offense has just been committed, and he has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it; and (c) when the person to be
arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is
temporarily confined while his case is pending, or has escaped while being transferred from one confinement to
another 
C. the instances where search without a warrant is allowed under the law
are the following;
1. Plain view doctrine
2. Vehicle searches
3. Stop and Frisk
4. Vessel Searches
5. Border Searches

3. A. A question of fact involves an inquiry into whether something happened or will happen, and is quite separate from any
assertion as to its legal effect. A question of law involves the identification and interpretation of a norm which is usually of
general application.
B. In motion for new trial it Reopens  the  case  after  judgment has been rendered, in
order to allow reception   of   new   evidence   and further proceedings it is proper   after  
rendition   or promulgation of judgment . While in motion for reconsideration Doesn’t  open  the 
case  for  further proceedings
 
The   court   is   merely   asked   to reconsider its finding of law in order
to  make  them  comformable  to  the law applicable to the case  
C. Search Warrant requiring law enforcement to search for certain personal property and present it to the
court. While Arrest warrants are written orders by the court that order law enforcement officials to bring a person
facing criminal charges before the Court.

4.

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