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Wednesday, June 23, 2010

Can a fugitive ACCUSED post bail through his lawyer/representative?


               
            A “fugitive from justice” does not only refer to a fugitive CONVICTED criminal or a person who flees after conviction to avoid punishment.  MARQUEZ Decision (SCRA Vol. 243, p. 538) declared that it also includes a fugitive ACCUSED or one who flees after being charged with a crime to avoid prosecution.
            The accused is always presumed innocent until proven guilty.  Ordinarily, before conviction, he is entitled to provisional release on bail or the right to bail EXCEPT where the charge is a capital offense (punishable by reclusion perpetua/life imprisonment e.g murder, rape, etc.) AND the evidence of guilt is strong.

            But this constitutional right only accrues when the accused is arrested or under the legal custody.  Granting a bail to one who is actually enjoying his liberty would be incongruous.

            Thus, the fugitive accused cannot avail of this right by just sending another in his stead to post his bail without recognizing the jurisdiction of the court by his personal appearance therein and compliance with the requirements therefore.
 

 “Flee from sin but not from its consequences.” - Ms. Law   
                                                                         

2 comments:

  1. Hello there,
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    You have a very nice blog set-up and I’d appreciate if you can come by my blog and give me some honest down-to-earth recommendations as you appear to be more savvy than I am.
    Looking to see you.
    Keep reflecting Christ
    Cheers

    ReplyDelete
  2. This “scientific” insight into the resurrection may interest you:

    The Center Of The Universe Is Life – General Relativity, Quantum Mechanics and The Shroud Of Turin – video http://www.metacafe.com/watch/3993426/

    The End Of Christianity – Finding a Good God in an Evil World – Pg.31 -
    William Dembski
    Excerpt: “In mathematics there are two ways to go to infinity. One is to grow large without measure. The other is to form a fraction in which the denominator goes to zero. The Cross is a path of humility in which the infinite God becomes finite and then contracts to zero, only to resurrect and thereby unite a finite humanity within a newfound infinity.”
    http://www.designinference.com/documents/2009.05.end_of_xty.pdf

    Philippians 2: 5-11
    Let this mind be in you, which was also in Christ Jesus: Who, being in the form of God, thought it not robbery to be equal with God: But made himself of no reputation, and took upon him the form of a servant, and was made in the likeness of men: And being found in fashion as a man, he humbled himself, and became obedient unto death, even the death of the cross. Wherefore God also hath highly exalted him, and given him a name which is above every name: That at the name of Jesus every knee should bow, of things in heaven, and things in earth, and things under the earth; And that every tongue should confess that Jesus Christ is Lord, to the glory of God the Father.

    “Miracles do not happen in contradiction to nature, but only in contradiction to that which is known to us of nature.”
    St. Augustine

    Intelligent Design – The Anthropic Hypothesis
    http://lettherebelight-77.blogspot.com/2009/10/intelligent-design-anthropic-hypothesis_19.html

    ReplyDelete

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