- RIGHT TO BAIL OR RECOGNIZANCE ----People v.

Nitcha
murder; claim that arrest was illegal for want of preliminary investigation Act of posting a bail bond, apart from the fact that he entered a plea of not guilty, is tantamount to foregoing the right to question the assumed irregularity; Bail is a matter of right when the offense charged is punishable by any penalty lower than reclusion perpetua (absolute); Bail is a matter of discretion when the offense charged is punishable by reclusion perpetua; If accused ins convicted by the crime (reclusion perpetua), bail is neither a matter of right nor a matter of discretion. Bail must not be granted.

Cardines v. Rosete
illegal recruitment life imprisonment (special laws), reclusion perpetua (RPC), same standing with regard to bail under the new rule, life imprisonment (not granted as a matter of right when evidence of guilt is strong.

People v. Sandiganbayan (Special Division)

Jinggoy Estrada; not a flight risk Even if the capital offense charged is bailable owing to the weaknesses of the evidence of guilt, the right to bail can justifiably still be denied if the probability of escape is great; A grant of bail does not prevent the trier of facts from making a final assessment of the evidence after full trial on the merits. A grant of bail is predicated only on its preliminary appreciation of the evidence adduced in the bail hearing to determine whether the deprivation of the right to bail is warranted.

Government of Hong Kong v. Olalia

extradition; right to bail If bail can be granted in deportation cases,, the Court sees no justification why it should not also be ed in extradition cases clearly the right of a

prospective extraditee to apply for bail must be viewed in light of the various treaty obligations of the Philippines concerning respect for the promotion and protection of human rights.

Rodriguez v. Presiding Judge, RTC Manila Br. 17

when can the right to bail in extradition be available - Bail may be granted to a possible extraditee only upon a clear and convincing showing: 1) that he will not be a flight risk or a danger to the community and; 2) that there exist special, humanitarian and compelling circumstances.

----- WAIVER OF RIGHT ----People v. Donato

rebellion is a bailable offense; bail as a matter of right Right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended; Prosecution does not have the right to present evidence for the denial of bail in the instances where bail is a matter of right, such is required only bail is discretionary; Waiverof the right 1) the right exists; 2) voluntary relinquishment;

Right to bail may be waived.

----- EXCESSIVE BAIL ----de la Camara v. Enage

excessive bail Where the right to bail exists, is should not be rendered nugatory by requiring a sum that is so excessive; Guidelines in fixing the bail: 1) ability of the accused to give bail;

2) nature of the offense; 3) penalty for the offense charged; 4) character and reputation of the accused; 5) health of the accused; 6) character and strength of evidence; 7) probability of the accused appearing in trial; 8) forfeiture of other bonds; 9) whether the accused was a fugitive from justice when arrested; 10) if the accused is under bond for appearance at trial in other cases.

IGHTS OF AN ACCUSED UNDER CUSTODIAL INVESTIGATION

Details Category: Constitutional Law Article 3, SECTION 12, Philippines Constitution (RIGHTS UNDER CUSTODIAL INVESTIGATION)

----- RIGHTS UNDER SECTION 12: ORIGINS AND RATIONALE ----1. Magtoto v. Manguera
murder; admissibility of confession A confession obtained from a person under investigation for the commission of an offense, who has not been informed of his right to silence and right to counsel is INADMISSIBLE as evidence; Miranda and Escobedo

----- WHEN THE RIGHTS BECOME AVAILABLE -----

2. People v. Taylaran
accidental killing Right to silence and to counsel NOT applicable where no written confession was to be presented in evidence as a result of a formal custodial investigation

3. Galman v. Pamaran
assassination of Ninoy; Agrava Commission The fact that the framers of the Constitution did not use the word custodial investigation shows that it did not entirely adopt the Miranda Doctrine; The accused are also entitled to be admonished of their constitutional right to remain silent, to counsel and be informed that any or all statements given by them may be used against them; This also applies in other cases, not just those criminal in nature

4. People v. Ayson
irregularity in the sale of plane tickets Right against self incrimination is accorded to every person who gives evidence, whether voluntarily or under compulsion of subpoena in any proceeding. The right is NOT to be compelled to be a witness against himself and NOT a prohibition of inquiry; The right can only be claimed when the specific question, incriminatory in character, is actually put to the witness; It does not give the right to refuse a subpoena. This right must be claimed, it is not automatically operational | Miranda rights | Custodial investigation questioning initiated by law enforcement officers after a person has been taken away into custody or otherwise deprived of his freedom of action in any way; A defendant on a trial or preliminary investigation is NOT under custodial investigation; Accused

RIGHTS: BEFORE THE CASE IS FILED IN COURT

(or with publicprosecutorfor preliminaryinvestigation;takeninto custody) a. right to remainsilent b. right to counsel

c. right to be informed d. right to haveevidenceobtainedin violationof thoseaboverejected

RIGHTS: AFTER THE CASE IS FILED IN COURT

a. right to refuseto be a witness b. not to haveany prejudicewhatsoeverresult to himbecauseof suchrefusal c. right to testify in his ownbehalf, subjectto crossexaminationby the prosecution d. whiletestifying:to refuseto answeran specificquestionwhichtendsto incriminatehimfor some crimeotherthat whichhe is beingprosecuted

----- POLICE LINE-UPS; PARAFFIN TEST; SIGNATURE ----5. Gamboa v. Cruz

vagrancy The right to counsel attaches at the start of the investigation (when investigating officers elicit information/ admission/ confession. Police line-up not part of the inquest. 6. People v. Dimaano robbery with homicide A police line-up is not part of the custodial inquest so at this stage, they have no right to counsel yet. They are not being held to answer for criminal offense for which they are being charged or convicted.

----- RIGHT TO COUNSEL ----7. Estacio v. Sandiganbayan

- estafa thru falsification When the waiver of the right to remain silent and assistance by counsel was not made in the presence of counsel, the defect was cured when the lawyer arrived at the closing stage of the interrogation, read the statement and talked to the accused before the latter signed it.

8. People v. De Jesus
robbery with homicide Right to counsel attaches upon the start of the investigation; Custodial investigation is the stage where the police investigation is no longer a general inquiry into an unsolved crime but has began to focus on the particular suspect who had been taken into custody; questions initiated when a person is taken into custody and deprived of his freedom of action

9. People v. Lucero
extrajudicial confession; lawyer was away when accused gave his uncounselled confession - doctrine same as above

----- RIGHT TO BE INFORMED ----10. People v. Pinlac

robbery The constitutional right of the accused to be informed of his rights to remain silent and to counsel contemplates the transmission of meaningful information and not just a mere ceremonial and perfunctory recitation of an abstract constitutional principle. Police officer is duty bound not just to recite the rights; he must explain it as well; Waiver MUST BE MADE in the presence of counsel

----- WAIVER ----11. People v. Rous

robbery with homicide A confession is admissible until the accused successfully proves that it was given as a

result of violence, intimidation, threat or promise of reward of leniency; Presumption that a confession was made deliberately and knowingly.

BAIL AS A MATTER OF RIGHT

To refuse him bail is to treat him as a person who has committed the most serious crime known to law. US vs. Go-Sioco[1

The ri!hts protected b" the bill of ri!hts are referred to as those fundamental ri!hts that inhere in the !reat and essential principle of libert" and free !overnment. [# $o less than the %onstitution cherishes and protects ever" ri!ht of an individual which& amon! others& includes the ri!ht to bail. The ri!ht to bail is a fundamental ri!ht of an accused& which cannot be withhold or divested b" an" 'udicial officer& who !rants the same& without an" le!al basis.

(lthou!h& nothin! in the constitutional provisions& with respect to ri!ht to bail& is va!ue as to call for an" le!al interpretation or construction& nevertheless& an in depth anal"sis must be made to shed li!ht on when is bail a matter of ri!ht or discretion.

( ri!ht is a le!all" enforceable claim [) or the power or privile!e !iven to one person and as a rule demandable of another.[* +owever& ri!hts ma" be waived& unless the waiver is contrar" to law& public order& public polic"& morals& !ood customs& or pre'udicial to a third person with a ri!ht reco!ni,ed b" law.[- The ri!ht to bail is a constitutional ri!ht which can be waived. .t is a ri!ht which is personal to the accused and whose waiver must not be contrar" to law& public order& public polic"& morals& !ood customs& or pre'udicial to a third person with a ri!ht reco!ni,ed b" law. [/

0ail is the securit" !iven for the release of a person in custod" of law& furnished b" him or b" a bondsman& to !uarantee his appearance before an" court. [1 The purpose of bail is to relieve an accused from imprisonment until his conviction and "et secure his appearance at the trial. [2 The ri!ht to bail is reco!ni,ed under Section 1) (rticle ... of the 1321 4hilippine %onstitution and 5ule 11* of the 5evised 5ules on %riminal 4rocedure& promul!ated b" the Supreme %ourt b" virtue of their rule-makin! power under Section 6-7 (rticle 8... of the %onstitution.

(s provided for b" the fundamental law of the land& all persons char!ed with an offense shall& before conviction& be entitled to bail as a matter of ri!ht. [3 .t admits an e9ception& when a person is char!ed with an offense punishable b" reclusion perpetua and when evidence of !uilt is stron!& the ri!ht to bail shall be denied. The !rant or denial of an application for bail is dependent on whether the evidence of !uilt is stron! which the lower court should determine in a hearin! called for the purpose. [1:

%orollar" with such ri!ht& it ma" not be impaired even when the privile!e of the writ of habeas corpus is suspended. .t must be noted that the 4resident& in case of invasion or rebellion& when public safet" re;uires it& ma"& suspend the privile!e of the writ of habeas corpus or place the entire 4hilippines or an" part thereof under martial law. [11 The suspension of the privile!e of the writ or the declaration of martial law does not suspend the operation of the %onstitution& nor supplant the functionin! of the civil courts.[1# Thus& the ri!ht to bail bein! a constitutional ri!ht which is onl" available in civil courts can be invoked& even in times of political unrest caused b" invasion or rebellion.

The accused& likewise& en'o"s the ri!ht a!ainst the imposition of e9cessive bail.[1) <here the ri!ht to bail e9ists& it should not be rendered nu!ator" b" re;uirin! a sum that is e9cessive. .f there were no such prohibition& the ri!ht to bail becomes meanin!less.[1* <hen the bail imposed a!ainst the accused is unreasonable& ini;uitous& e9orbitant& disproportionate and fanatical as to shock the moral conscience& it is deemed as e9cessive.

The 5evised 5ules of %riminal 4rocedure declares& specificall" 5ule 11* Sec. *& when is bail a matter of ri!ht. .t provides that all persons in custod" shall be admitted bail as a matter of ri!ht& before or after convictions b" the =unicipal Trial %ourts& and before conviction b" the 5e!ional Trial %ourts of an offense not punishable b" death& reclusion perpetua& or life imprisonment.

%ustod" of law is re;uired before the court can act upon the application of bail. [1- (s a rule& an accused cannot avail the ri!ht to bail unless his custod" is ac;uired b" the court& either b" his arrest or his voluntar" surrender. =oreover& an" person in custod" who is not "et char!ed in court ma" appl" for bail with an" court in the province& cit"& or municipalit" where he is held. [1/ .t is not necessar" that the accused should wait until a formal complaint or information is filed a!ainst him. >rom the moment he is placed under arrest& detention or restraint b" officers of law& he ma" avail of his ri!ht to bail.[11

0ail becomes discretionar" upon conviction of the trial court of an offense not punishable b" death& reclusion perpetua& or life imprisonment but the penalt" imposed e9ceeds / "ears but not more than #: "ears. [12 %onversel"& if the penalt" imposed does not e9ceed / "ears& bail is a matter of ri!ht. .t must be stressed that& when the accused is

char!ed with a capital offense or an offense punishable b" death& reclusion perpetua& or life imprisonment and when evidence of !uilt is stron!& bail shall be denied& as it is not a matter of ri!ht or discretion. [13 .t onl" becomes a matter of discretion when the evidence of !uilt is not stron!.

The ri!ht to bail is a manifestation that the state allows an accused& no matter how evil his appearance ma" be& to en'o" his libert" and the ri!ht a!ainst restraint from movement& althou!h provisional in character.