Sec 16 Bail, when not required; reduced bail or

recognizance

General rule: Bail is not required when the law or the Rules of
court so provide.

Instances wherein the accused can be released on recognizance,

without putting bail or on reduced bail:
When a person has been in custody for a period equal to or more than
the possible maximum imprisonment prescribe for the offense
charged, he shall be released immediately, without prejudice to the
continuation of the trial or the proceedings on appeal.
Offense charged is violation of an ordinance, light felony, or a criminal
offense the imposable penalty does not exceed 6 months of
imprisonment and/or fine of 2,000 under RA 6036
Exceptions:
(a) Caught committing the offense in flagrante
(b)When accused confesses to the commission of the offense unless
he later repudiates the same in a sworn statement or in open court
as having been extracted through force or intimidation
(c) Found to have previously escaped legal confinement, evaded
sentence, or jumped bail
(d) Found to have violated Sec. 2 of RA 6036 which provides that the
violation of the accused of the sworn statement (required instead of
bail) shall justify the court to order his immediate arrest, if the
accused failure to report is not justified
(e) Accused is a recidivist or habitual delinquent or has been
previously convicted for an offense to which the law/ordinance
attaches an equal/greater penalty or for two/more offenses to which
it attaches a lighter penalty
(f) Accused committed the offense while on parole or under conditional
pardon
(g) Accused has previously been pardoned for violation of
municipal/city ordinance for at least two times [Riano, citing Sec. 1,
RA 6036]

Where the accused applied for probation and before the same has
been resolved but no bail was filed or the accused is incapable of filing
one, in which case he may be released on his own recognizance.
 In case of youthful offender held for physical or mental examination,
trial, or appeal, if unable to furnish bail and under circumastances
provided by P.D. 603.
A person accused of an offense with a maximum penalty of destierro
shall be released after 30 days of preventive imprisonment.
In cases filed with the MTC/MCTC for an offense punishable by an
imprisonment of less than 4 yrs, 2mos. and 1 day, and the judge is
satisfied that there is no necessity for placing the accused under
custody. [Riano, citing Sec. 8, Rule 112]

On reduced bail or on his own recognizance:

A person in custody for a period equal to or more than the minimum of
the principal penalty prescribed for the offense charged, without
application of the Indeterminate Sentence Law or any modifying
circumstance, shall be released on a reduced bail or on his own
recognizance, at the discretion of the court.

Sec. 17 Bail, where filed

General rule : The application for fail may be filed with the court
where the case is pending.

Exceptions:
(a) If the judge of the court where the case is pending is absent or
unavailable, the application may be filed with any RTC/MTC/MeTC/MCTC judge
in the province, city or municipality.
(b) Where the accused is arrested in a province, city/municipality other than
where the case is pending, the application may be filed with any RTC of the
said place. If no judge is available, then with any MeTC/MTC/MCTC judge in
the said place. Judge who accepted the application shall forward it, together
with the order of release and other supporting papers where the case is
pending
(c) When a person is in custody but not yet charged, he may apply with any
court in the province or city/municipality where he is held.
(d) If the decision of the trial court convicting the accused changed the
nature of the offense, from non-bailable to bailable, the application of bail
can only be filed with and resolved by the appelate court.
Note:
Where the grant of bail is a matter of discretion, or the accused seeks to be released on
recognizance, the application may only be filed in the court where the case is pending, on
trial, or appeal.

A judge presiding in one branch has no power to grant bail to an accused who is being tried
in another branch presided by another judge, who is not absent or unavailable, and his act
of releasing him on bail constitutes ignorance of law which subjects him to disciplinary
sanctions.

Sec 18 Notice of application to the prosecutor

Such notice is necessary because the burden of proving that the evidence of guilt is
strong is on the prosecution and that the discretion of the court in admitting the
accused to bail can only be exercised after the fiscal has been heard regarding the
nature of the evidence in his possession. (People vs Raba G.R. N. L- 10724)

Sec 19 - Release on bail

Once the accused has been admitted to bail, he is entitled to immediate

release from custody. An officer, who fails or refused to release him from
detention notwithstanding the approval by the proper court of his bailbond,
may be held liable under Art. 126 of the Revised Penal Code for delaying
release.

Sec 20 Increase or reduction of bail

The Court may, upon good cause, either increase or reduce the amount of
the bail.

The guidelines provided for in Sec. 9, Rule 114, in fixing the amount of bail
are also applicable in reducing or increasing the bail previously fixed.

When the amount of bail is increased, the accused may be committed to

custody if he does not give the increased amount within the reasonable
period.

Where the offense is bailable as a matter of right, the mere probability that
the accused will escaped, or even if he had previously escaped under
detention, does not deprive him of his right to bail. The remedy is to increase
the amount of the bail, provided such amount would not be excessive. (Sy
Guan vs Amparo,79 Phil. 670)