BAIL (RULE 114)

BALITA, Fatima Dexie D

Cuadra, Rose Ann
Estolano, Princess
Fronda, Stephanie
Kaspog,
BALITA, Fatima Meaning
Dexie Nature
Sec. 1 Purpose
Forms
Conditions
Sec. 2Requirement
s
Release/ Transfer
Sec. 3 Exception

A matter of
Sec. 4 right
Exception
When
Sec. discretio
5
 MEANING Sec. 1 NATURE
Constitutional Right
Security given for the (Sec. 13, Art. III, 1987
release of a person in Constitution)
custody of the law
ARRESTED Exception
OTHERWISE DEPRIVED Personal in
OF HIS FREEDOM nature
VOLUNTARILY SUBMITTED
Waivable
HIMSELF TO THE
JURISDICTION PURPOSE
(Dinapol v. Baldado A.M. No.
RTJ-92-898, Aug. 5, 1993)
to obtain the provisional liberty of a
person charged with an offense until
his conviction while at the same
time securing his appearance at the
trial
To honor the presumption of
innocence until his guilt is proven
beyond reasonable doubt
To enable him to prepare his defense
without being subject to punishment
prior to conviction
FURNISHE Bail
Applica
A
bondsm
S THE nt
Himself
an

BAIL
FORMS OF
BAIL
Corporate surety
(Sec. 10)
Property bond
(Sec. 11)
Cash deposit (Sec.
14)
Recognizance (Sec.
15)
 EFFECTS OF FAILURE TO APPEAR AT THE
TRIAL D.
BONDSMAN SHALL SURRENDER THE
ACCUSED
EFFECTS OF FAILURE TO APPEAR AT THE C.
TRIAL
TRIAL MAY PROCEED IN ABSENTIA
APPEARANCE BEFORE THE PROPER COURT B.
WHENEVER SO REQUIRED
A.
DURATION OF THE UNDERTAKING
Sec. 2
 The Photographs
Full
name amount of -passport
the size
and undertakin -taken within
Address g and the the last 6
months
of the conditions
-showing the
accused required face, left and
right profiles
Sec. 3 No release or
transfer except on
court order or bail.
 When
bail
- A MATTER OF RIGHT
OR
-DISCRETION
1. Bail, a matter
of Right Supreme Court

Court of
Court of Sandiganbay
Tax
Appeals an
Appeals

Regional
Trial
Courts

Municipal Municipal
Metropolita Municipal
Trial Circuit
n Trial Court Trial
Courts in Trial
Courts
Cities Courts

Before or After
2. Bail, a matter
of Right
Exception Supreme Court
Offense punishable
by
death
Court of
Reclusion perpetua Court of Sandiganbay
Tax
Appeals an
Appeals

Regional
Trial Before
Courts
Conviction
Municipal Municipal
Metropolita Municipal
Trial Circuit
n Trial Court Trial
Courts in Trial
Courts
Cities Courts
1. Bail, when
discretionary
Exception Supreme Court
Offense punishable
by
death
Court of
Reclusion perpetua Court of Sandiganbay
Tax
Appeals an
Appeals

Regional
Trial Upon Conviction
Courts

Municipal Municipal
Metropolita Municipal
Trial Circuit
n Trial Court Trial
Courts in Trial
Courts
Cities Courts
Where application for bail is
to be filed when bail is a
matter of discretion and after
conviction by the Regional
Trial Court
 Provided it
has not
Despite transmitte
the filing d the
Filed and of a notice original
acted of appeal record to
upon by the
the trial appellate
court court
Applicati
on for
Change can only
the be filed
If the nature of
decision and
the resolved
of the offense
trial by the
from the appellate
convictin non- court
 upon a
showing by
the accused the
shall be prosecution,
denied bail, with notice
If the
or his bail to the
penalty
shall be accused of
imposed by
cancelled the
the trial
following or
court is
other similar
imprisonmen
circumstanc
t exceeding
es:
six (6) years
He is a recidivist, quasi-recidivist, or
habitual delinquent, or has committed the
crime aggravated by the circumstance of
A
reiteration;
He has previously escaped from legal
confinement, evaded sentence, or
B violated the conditions of his bail
without valid justification;
He committed the offense while under
Cprobation, parole, or conditional
pardon;

D The circumstances of his case indicate

the probability of flight if released on
bail

E
There is undue risk that he may commit
another crime during the pendency of the
appeal.
SEC. 6. Capital offense

-an offense which, under the law existing at the

time of its commission and of the application for
admission to bail, may be punished with death.

> The capital nature of the offense is

determined by the penalty prescribed by law

> What is to be considered is prima facie

evidence, not the penalty that may be imposed
taking into account modifying circumstances
SEC. 7. Capital offense or an
offense punishable by reclusion
perpetua or life imprisonment, not
bailable

No person charged with a capital offense, or an

offense punishable by reclusion perpetua or life
imprisonment, shall be admitted to bail when
evidence of guilt is strong, regardless of the
stage of the criminal prosecution. (7a)
Bail a matter of right
- In the MTC, it is a matter of right before or after
conviction, regardless of the offense

Bail a matter of discretion

- In the RTC, it is a matter of right before conviction,
except for offenses punishable by death, reclusion
perpetua, of life sentence and the evidence of guilt is
strong, in which case it is discretionary.

- After conviction, bail is a matter of dicretion regardless

of the offense. The application for bail may be filed may
be filed and acted upon by the trial court as long as the
original record of the case has not been transmitted to the
appellate court.
SEC. 8. Burden of proof in bail application.

At the hearing of an application for bail filed

by a person who is in custody for the commission
of an offense punishable by death, reclusion
perpetua, or life imprisonment, the prosecution
has the burden of showing that evidence of guilt
is strong. The evidence presented during the bail
hearing shall be considered automatically
reproduced at the trial but, upon motion of
either party, the court may recall any witness for
additional examination unless the latter is dead,
outside the Philippines, or otherwise unable to
testify. (8a)
DUTIES OF THE TRIAL JUDGE IN CASE AN
APPLICATION FOR BAIL IS FILED

1
. Notify the prosecutor of the hearing or
require him to submit a recommendation
2. Conduct a hearing
3. Decide whether the evidence of guilt is
strong based on the summary of evidence of
the prosecution
4. If the guilt of the accused is not strong,
discharge the accused upon the approval of the
bail bond. If evidence of guilt is strong, the
petition should be denied.
EVIDENT PROOF

-Clear, strong evidence while leads a well-grounded

dispassionate judgment to the conclusion that the
offense has been committed as charged, that the
accused is the guilty agent and that he will probably
be punished capitally if the law is administered

PRESUMPTION GREAT

-Exists when the circumstances testified to are such

that the inference of guilt naturally to be drawn
therefrom is strong, clear and convincing unbiased
judgment and excludes all reasonable probability of
any other conclusion
SEC. 9. Amount of bail

The judge who issued the warrant or granted the

application shall fix a reasonable amount of bail considering
primarily, but not limited to, the following factors:

(a) Financial ability of the accused to give bail;

(b) Nature and circumstances of the offense;

(c) Penalty for the offense charged;

(d) Character and reputation of the accused;

(e) Age and health of the accused;

(f) Weight of the evidence against the accused;

(g) Probability of the accused appearing at the trial;

(h) Forfeiture of other bail;

(i) The fact that the accused was a fugitive from

justice when arrested; and

(j) Pendency of other cases where the accused is on

bail.

Excessive bail shall not be required. (9a)

WHAT DETERMINES IF BAIL IS
EXCESSIVE OR NOT? IS IT
THE AMOUNT?
It doesn't depend on the amount but is
dependent on the circumstances of the accused
particularly his financial capacity

WHAT IS THE REMEDY OF THE

ACCUSED IF HE IS DENIED BAIL?

> He should file a special civil action in the Court of

Appeals within 60 days
SEC. 10. Corporate
surety.
Any domestic or foreign corporation, licensed as
a surety in accordance with law and currently
authorized to act as such, may provide bail by a
bond subscribed jointly by the accused and an
officer of the corporation duly authorized by its
board of directors. (10a)
CAN THE COURT REFUSE TO
ACCEPT A CORPORATE SURETY
AND REQUIRE INSTEAD THE
POSTING OF A CASH BOND?

> No, the trial court may not reject otherwise

acceptable sureties and insist that the accused
obtain his provisional liberty only through a cash
bond

> The posting of the cash bond would entail a

transfer of assets into the possession of the court,
and its procurement could work untold hardship on
the part of the accused as to have the effect of
altogether denying the accuseds constitutional right
to bail.
Section 11-
20 (no ppt.
yet)
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 without putting 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
circumstances 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 bail 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 appellate 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 sanction.
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)
 RULE 114
Sec 21
FORFEITURE OF BAIL:
BENCH WARRANT
 When the presence of the accused is required
by the court or these rule, his bondsmen shall
be notified to produce him before the court
on a given date and time.

If he fails to appear in person as required, his

bail shall be declared forfeited and the
bondsmen are given 30 days within which to
produce the accused and to show cause why
no judgment should be rendered against them
for the amount of the bail.
 2 Requirements the bondsmen, must within the period:
1) Produce the body of the accused or give the reasons for his non-
production; and
2) Explain why the accused did not appear before the court when
first required to do so.

If they fail to comply with these requisites, the court shall render
judgment against the bondsmen, jointly or severally, for the amount of the
bail.
If the bondsmen move for the mitigation of their liability, the court is not
required to reduce or otherwise mitigate the liability of the bondsmen unless
the accused has been surrendered or is acquitted.
 Judgment against the bondsmen
cannot be entered unless such:
Preceded by an order of forfeiture.
An opportunity given to the
bondsmen to produce the accused.
To adduce satisfactory reason for
their inability to do so.
(Mendoza vs Alarma, 554 SCRA
42)
After forfeiture, the court may
issue a bench warrant for the
arrest of the accused if he failed to
appear in court despite of notice.
BENCH WARRANT- is defined as
a writ issued directly by a judge
to a law enforcement, for the
arrest of a person who has been
held in contempt, has disobeyed
a subpoena, or has to appear at
a trial or hearing. ( sec. 9 rule
71 of the rules of court). Magleo
vs De Juan Quinagoran A.M No.
RTJ- 12-2336, NOV 12, 2014
Sec 22 Cancellation of Bail; Remedy
1) Upon application of the bondsmen with due notice to the prosecutor.
Upon surrender of the accused.
Proof of his death.

2) Automatic cancellation
Acquittal of the accused,
Dismissal of the case
Execution of the judgment of conviction
Sec 23 Arrest of the accused out of bail
The bondsmen who put the bail bond for the accused become the jailers
and they or the police officer to whom authority is endorsed may arrest
the accused for the purpose of surrendering him to the court.
The accused cannot leave the country without the permission of the
bondsmen and the court.
The bondsmen may be relieved from the responsibility over the accused:
Arrest the principal and deliver him to the proper authorities.
They may cause the arrest of the accused to be made by any police officer or other
person of suitable age or discretion.
By endorsing the authority to arrest upon a certified copy of the undertaking and
delivering it to such officer or person.
Sec 24 No bail after final judgment

GENERAL RULE:
No bail shall be allowed after the judgment has
become final, as what is left is for him to serve the
sentence.

EXCEPTION:
When he has applied for probation before commencing
to serve sentence, the penalty and the offense being
with the purview of the probation law.
Sec 25 Court supervision of
detainees

The court shall exercise supervision over all persons in

custody for the purpose of eliminating unnecessary
detention.
The executive judges of RTCs shall conduct monthly
personal inspections of provincial, city or municipal jails
and prisoners within their respective jurisdictions.
Sec 26 Bail Is not a bar to
objection to objections on illegal
arrest, lack or irregular preliminary
investigation
THE APPLICATION FOR ADMISSION TO BAIL
SHALL NOT BAR THE ACCUSED FROM:

1) Challenging the validity of the arrest.

2) The legality of the warrant issued therefore; or
3) From assailing the regularity or questioning the absence
of a preliminary investigation pf the charge against him.
Provided that the accused raises them before entering his plea.
The court shall observe the matter as early as practicable, but
not later than the start of the trial of the case.