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Information about Bail in
the
Philippines(/criminal-
cases/41-information-
about-bail-in-the-
philippines)
Category:CriminalCasesandProcedure(/criminalcases)
Published:Thursday,21August201409:37 Writtenby
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Bail(Rule114)Nature

(1) All persons, except those charged with offenses


punishablebyreclusionperpetuawhenevidenceofguiltis
strong, shall before conviction, be bailable by sufficient
sureties, or be released on recognizance as may be
providedbylaw.Therighttobailshallnotbeimpairedeven
when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required (Sec. 13,
Art.III,TheConstitution).
(2) Bail is the security given for the release of a person in
custody of the law, furnished by him or a bondsman, to
guarantee 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,orrecognizance(Sec.1).
(3)Bailisthesecurityrequiredbythecourtandgivenbythe
accused to ensure that the accused appear before the
propercourtatthescheduledtimeandplacetoanswerthe
charges brought against him. It is awarded to the accused
to honor the presumption of innocence until his guilt is
proven beyond reasonable doubt, and to enable him to
prepare his defense without being subject to punishment
priortoconviction(Cortesvs.Catral,279SCRA1.Itsmain
purpose is to relieve an accused from the rigors of
imprisonment until his conviction and secure his
appearanceatthetrial(Paderangavs.CA,247SCRA741).
(4)Thepersonseekingprovisionalreleaseneednotwaitfor
aformalcomplaintorinformationtobefiledagainsthimas
itisavailabletoallpersonswheretheoffenseisbailable,so
long as the applicant is in the custody of the law
(Paderangavs.CA,247SCRA741). $

(5)Kindsofbail:

(a)Corporatebondoneissuedbyacorporationlicensed
to provide bail subscribed jointly by the accused and an
officerdulyauthorizedbyitsboardofdirectors(Sec.10).
(b)Propertybondanundertakingconstitutedasalienon
the real property given as security for the amount of the
bond(Sec.11).
(c)Recognizance an obligation of record entered into
usually by the responsible members of the community
before some court or magistrate duly authorized to take it,
withtheconditiontodosomeparticularact,themostusual
actbeingtoassuretheappearanceoftheaccusedfortrial
(Peoplevs.Abner,87Phil.566).
(d)Cashdepositthemoneydepositedbytheaccusedor
anypersonactingonhisbehalf,withthenearestcollectorof
internal revenue, or provincial, city or municipal treasurer.
Consideredasbail,itmaybeappliedtothepaymentofany
feesandcosts,andtheexcess,ifany,shallbereturnedto
theaccusedortowhoevermadethedeposit(Sec.14).

Whenamatterofrightexceptions

(1) All persons in custody shall be admitted to bail as a
matter of right, with sufficient sureties, or released on
recognizanceasprescribedbylaworthisRule(a)beforeor
after conviction by the Metropolitan Trial Court, Municipal
Trial Court, Municipal Trial Court in Cities, or Municipal
CircuitTrialCourt,and(b)beforeconvictionbytheRegional
TrialCourtofanoffensenotpunishablebydeath,reclusion $
perpetua,orlifeimprisonment(Sec.4,Rule114).
(2) If bail can be granted in deportation cases, we see no
justificationwhyitshouldnotalsobeallowedinextradition
cases. After all, both are administrative proccedings where
theinnocenceorguiltofthepersondetainedisnotinissue
(Govt.ofHongkongvs.Olalia,GR153675,April19,2007).
(3) Bail is a matter of right before final conviction, but the
rule is not absolute. The exception is when a person is
chargedwithacapitaloffensewhentheevidenceofguiltis
strong, or when the offense for which on is charged is
punishable by reclusion perpetua. The exception to this
rule,however,isevenifapersonischargedwithacapital
offensewheretheevidenceofguiltisstrong,iftheaccused
hasfailinghealth,hence,forhumanitarianreasons,hemay
be admitted to bail, but that is discretionary on the part of
the court (De La Ramos vs. Peoples Court, 77 Phil. 461
Catiisvs.CA,487SCRA71).

Whenamatterofdiscretion

(1) Upon conviction by the Regional Trial Court of an


offensenotpunishablebydeath,reclusionperpetua,orlife
imprisonment, admission to bail is discretionary. The
applicationforbailmaybefiledandacteduponbythetrial
courtdespitethefilingofanoticeofappeal,providedithas
not transmitted the original record to the appellate court.
However, if the decision of the trial court convicting the
accused changed the nature of the offense from non
bailabletobailable,theapplicationforbailcanonlybefiled
withandresolvedbytheappellatecourt.
Shouldthecourtgranttheapplication,theaccusedmaybe
allowed to continue on provisional liberty during the
pendencyoftheappealunderthesamebailsubjecttothe $
consentofthebondsman.
If the penalty imposed by the trial court is imprisonment
exceedingsix(6)years,theaccusedshallbedeniedbail,or
his bail shall be cancelled upon a showing by the
prosecution, with notice to the accused, of the following or
othersimilarcircumstances:
(a) That he is a recidivist, quasirecidivist, or habitual
delinquent, or has committed the crime aggravated by the
circumstanceofreiteration
(b)Thathehaspreviouslyescapedfromlegalconfinement,
evaded sentence, or violated the conditions of his bail
withoutvalidjustification
(c) That he committed the offense while under probation,
parole,orunderconditionalpardon
(d) That the circumstances of his case indicate the
probabilityofflightifreleasedonbailor
(e) That there is undue risk that he may commit another
crime during the pendency of the appeal. The appellate
court may, motu proprio or on motion of any party, review
theresolutionofthe
Regional Trial Court after notice to the adverse party in
eithercase(Sec.5,Rule114).
(2)Where the grant of bail is a matter of discretion, or the
accused seeks to be released on recognizance, the
applicationmayonlybefiledinthecourtwherethecaseis
pending, whether on preliminary investigation, trial, or on
appeal(Sec.17[a]).
(3)The discretion lies in the determination of whether the
evidence of guilt is strong. If it is determined that it is not
strong, then bail is a matter of right. There is no more
discretionofthecourtindenyingthebail,themomentthere
isadeterminationthattheevidenceofguiltisnotstrong.
Hearingofapplicationforbailincapitaloffenses $
(1)Abailapplicationincapitaloffensedoesnotonlyinvolve
therightoftheaccusedtotemporaryliberty,butlikewisethe
rightoftheStatetoprotectthepeopleandthepeaceofthe
community from dangerous elements. Accordingly, the
prosecution must be given ample opportunity to show that
theevidenceofguiltisstrong,because,bytheverynature
of deciding applications for bail, it is on the basis of such
evidencethatjudicialdiscretionisexercisedindetermining
whethertheevidenceofguiltisstrongisamatterofjudicial
discretion. Though not absolute nor beyond control, the
discretion within reasonable bounds (People vs. Antona,
GR137681,Jan.31,2002).
(2) A hearing in an application for bail is absolutely
indispensable before a judge can properly determine
whether the prosecutions evidence is weak or strong. In
receiving evidence on bail, while a court is not required to
trythemerits of the case, he mustneverthelessconducta
summaryhearingwhichissuchbriefandspeedymethod
of receiving and considering the evidence of guilt as is
practicable and consistent with the purpose of the hearing
which is to determine the weight of the evidence for
purposes of the bail (In re complaint against Judge Elma,
AMRTJ941183,Feb.8,1994).
(3) A judge should not hear a petition for bail in capital
offenses on the same day that the petition was filed. He
shouldgivetheprosecutionareasonabletimewithinwhich
to oppose the same. Neither is he supposed to grant bail
solelyonthebeliefthattheaccusedwillnotfleeduringthe
pendencyofthecasebyreasonofthefactthathehadeven
voluntarily surrendered to the authorities. Voluntary
surrenderismerelyamitigatingcircumstanceindecreasing
the penalty that may eventually be imposed upon the
accused in case of conviction but is not a ground for $
granting bail to an accused charged with a capital offense
(Sulevs.JudgeBitgeng,60SCAD341,April18,1995).

Guidelinesinfixingamountofbail

(1) The judge who issued the warrant or granted the


applicationshallfixareasonableamountofbailconsidering
primarily,butnotlimitedto,thefollowingfactors:
(a)Financialabilityoftheaccusedtogivebail
(b)Natureandcircumstancesoftheoffense
(c)Penaltyfortheoffensecharged
(d)Characterandreputationoftheaccused
(e)Ageandhealthoftheaccused
(f)Weightoftheevidenceagainsttheaccused
(g)Probabilityoftheaccusedappearingatthetrial
(h)Forfeitureofotherbail
(i) The fact that the accused was a fugitive from justice
whenarrestedand
(j) Pendency of other cases where the accused is on bail.
Excessivebailshallnotberequired(Sec.9).

Bailwhennotrequired

(1)NobailshallberequiredwhenthelawortheseRulesso
provide.
Whenapersonhasbeenincustodyforaperiodequaltoor
more than the possible maximum imprisonment prescribed
for the offense charged, he shall be released immediately,
without prejudice to the continuation of the trial or the
proceedingsonappeal.Ifthemaximumpenaltytowhichthe $
accused may be sentenced is destierro, he shall be
releasedafterthirty(30)daysofpreventiveimprisonment.
Apersonincustodyforaperiodequaltoormorethanthe
minimumoftheprincipalpenaltyprescribedfortheoffense
charged,withoutapplicationoftheIndeterminateSentence
Laworanymodifyingcircumstance,shallbereleasedona
reducedbailoronhisownrecognizance,atthediscretionof
thecourt(Sec.16).
IncreaseorReductionofBail
(1)Aftertheaccusedisadmittedtobail,thecourtmay,upon
good cause, either increase or reduce its amount. When
increased,theaccusedmaybecommittedtocustodyifhe
does not give bail in the increased amount within a
reasonable period. An accused held to answer a criminal
charge, who is released without bail upon filing of the
complaint or information, may, at any subsequent stage of
the proceedings whenever a strong showing of guilt
appearstothecourt,berequiredtogivebailintheamount
fixed,orinlieuthereof,committedtocustody(Sec.20).
ForfeitureandCancellationofbail
(1) When the presence of the accused is required by the
court or these Rules, his bondsmen shall be notified to
produce him before the court on a given date and time. If
the accused fails to appear in person as required, his bail
shall be declared forfeited and the bondsmen given thirty
(30) days within which to produce their principal and to
show cause why no judgment should be rendered against
themfortheamountoftheirbail.Withinthesaidperiod,the
bondsmenmust:
(a)producethebodyoftheirprincipalorgivethereasonfor
hisnonproductionand
(b)explainwhytheaccuseddidnotappearbeforethecourt
whenfirstrequiredtodoso. $
Failinginthesetworequisites,ajudgmentshallberendered
againstthebondsmen,jointlyandseverally,fortheamount
ofthebail.Thecourtshallnotreduceorotherwisemitigate
theliabilityofthebondsmen,unlesstheaccusedhasbeen
surrenderedorisacquitted(Sec.21).
(2) Upon application of the bondsmen, with due notice to
theprosecutor,thebailmaybecancelleduponsurrenderof
theaccusedorproofofhisdeath.Thebailshallbedeemed
automatically cancelled upon acquittal of the accused,
dismissal of the case, or execution of the judgment of
conviction.Inallinstances,thecancellationshallbewithout
prejudicetoanyliabilityonthebail(Sec.22).

Applicationnotabartoobjectionsinillegalarrest,lack
oforirregularpreliminaryinvestigation

(1) The posting of the bail does not constitute a waiver of


any question on the irregularity attending the arrest of
person.Hecanstillquestionthesamebeforearraignment,
otherwise,therighttoquestionitisdeeme3dwaived.Itwas
alsosaidthatpostingbailisdeemedtobeaforfeitureofa
habeascorpuspetitionwhichbecomesmootandacademic
(Arribavs.People.`07SCRA191Bagcalvs.Villaroza,120
SCRA525).

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