(b) When is bail a matter of judicial discretion?

(2%)

When bail is a matter of discretion, the determination of whether or not to

grant bail lies with the sound discretion of the court.

Bail is discretionary:

1. Upon conviction by the RTC of an offense not punishable by death,

reclusion perpetua or life imprisonment, admission to bail is
discretionary;
2. After conviction by the RTC wherein a penalty of imprisonment
exceeding 6 but not more than 20 years is imposed, and not one of the
circumstances below is present and proved, bail is a matter of
discretion; (RECFU)
a. Recidivism, quasi-recidivism or habitual delinquency or commission
of crime aggravated by the circumstances reiteration;
b. Previous Escape from legal confinement, evasion of sentence or
violation of the conditions of bail without valid justification;
c. Commission of an offense while on probation, parole or under
conditional pardon;
d. Circumstance of the accused or his case indicates the probability
of Flight if released on bail;
e. Undue risk on commission of another crime by the accused during
pendency of appeal.

(c) Give at least two instances when a peace officer or a private person
may make a valid warrantless arrest. (2%)

General Rule: No peace officer or person has the power or authority to

arrest anyone without a warrant except in those cases expressly
authorized by law.

Exceptions: Lawful warrantless arrest

1. In flagrante delicto arrests

When, in his presence, the person to be arrested has commited, is actually

commiting, or is attempting to commit a crime.

2. Doctrine of Hot Pursuit

When an offense has in fact 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.
 3. Evasion of the service of sentence
When the person to be arrested is a prisoner who:
a. Has escaped from a penal establishment or place where he is
serving final judgment or temporarily confined while his case is
pending; or
b. has escaped while being transferred from one confinement to
another.
4. Where a person who has been lawfully arrested escapes or is rescued
(ROC, RULE 113, Sec. 13);
5. By the bondsman for the purpose of surrendering the accused (ROC,
RULE 114, Sec. 23); and
6. Where the accused attempts to leave the country without permission
of the court (ROC, RULE 114, Sec. 23).

(c) When does a public prosecutor conduct an inquest instead of a preliminary

investigation? (2%)

It applies when a person is lawfully arrested without a warrant involving an

offense which requires a PI. It is not a PI.

It is conducted by a prosecutor in criminal cases where a person has been

lawfully arrested and detained without a warrant of arrest. It is formal and
summary and its purpose is to determine whether or not the person detained
should remain under custody and then charged in court.