Update as of June 30, 2014

A.M. No. 12-11-2-SC(March 18, 2014) Guidelines for Decongesting Holding Jails by Enforcing
the Rights of Accused Persons to Bail and Speedy Trial
The order fixing the amount of bail cannot be appealed. (Sec. 4)
Bail in offenses punishable by death, reclusion perpetua, or life imprisonment (Sec. 6):
Hearing is summary in nature; the prosecution must show that the evidence of guilt is strong.
The accused may submit affidavits of witnesses.
The prosecution may (1) examine its witnesses on direct or (2) adopt the affidavits they executed
during the preliminary investigation as their direct testimonies.
The court must examine the witnesses on their direct testimonies or affidavits to ascertain if the
evidence of guilt of the accused is strong. The courts questions need not follow any particular order
and may shift from one witness to another.
The court must then allow counsels from both sides to examine the witnesses as well. The court
must hear afterwards the oral arguments of the parties.
Within 48 hours after the hearing, the court must issue an order containing a brief summary of the
evidence presented before it, followed by its conclusion of whether or not the evidence of guilt is
strong.
This conclusion must not be regarded as a pre-judgment on the merits of the case, which will be
determined only after a full-blown trial.

BAIL DEPENDS ON CRIME AND EVIDENCE OF GUILT

Atty. Persida Acosta

Bail is defined as 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
herein specified (Sec. 1, Rule 114, Rules of Criminal Procedure).
Bail emanates from a persons constitutional right to be presumed innocent until proven otherwise.
The right to bail is guaranteed by our Constitution.
Section 13 of Article III of the 1987 Constitution states that, All persons, except those charged with
offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction,
be bailable by sufficient sureties, or be released on recognizance as may be provided by law. Xxx
Sec. 3, Rule 114 of the Rules on Criminal Procedure states that:
All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or
released on recognizance as prescribed by law or this Rule (a) before or after conviction by the
Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit
Trial Court, and (b) before conviction by the Regional Trial Court of an offense not punishable by
death, reclusion perpetua, or life imprisonment.
The Constitution and the Rules are clear that a person has a right to bail unless that person is being
charged of an offense punishable by reclusion perpetua, death, or life imprisonment, and the
evidence of the persons guilt is strong.
You did not state what crime your friend was being accused of.
Most probably he is being accused of a drug-related crime being punished with life imprisonment.
Therefore, he is not entitled to bail only when the evidence of guilt is strong against him.
In order to determine this, he must file a petition for bail, so that the court can decide whether or not
to grant him bail. If the court, after hearing the Petition, finds that the evidence of guilt is not strong
against him, then he will be allowed to post bail.
We hope that we were able to enlighten you on the matter.
Please be reminded that this advice is based solely on the facts you have narrated and our appreci
ation of the same.
Our opinion may vary when other facts are changed or elaborated.

Atty. Roslee M. Formoso

By rule the fiscal writing the Information cannot arbitrary write non-bailable, it goes against the
rules on writing pleadings. However, if the fiscal wrote the Special Law violated and the Special Law
categorical says non-bailable then the fiscal when writing the law may incorporate such condition.
Bill of Rights, guarantee that all those charged before the court may apply for bail or recognizance,
EXCEPT those charged with capital offense and carry with it the punishment of reclusion perpetua.
Drug-related crimes are punishable under Special Laws and the Quantum of evidence is what
actually happened occurred at the actual time of arrest, henceforth, the Special Law can classify
the offence and that such is punishable by Reclusion Perpetua or Death and the caption nonbailable is appropriate. In Special Laws were the punishment is not Reclusion Perpetua, the
offender has guarranted Constitutional Right to Bail and if the fiscal wrote such limitation in violation
of Special Laws which does not carry with it the capital punishment, the fiscal may be charged
administrative for illegal writing of pleadings and has violated the Constitutional Right to Bail of the
offender.

Drug-related offenses are all punishable by Special Laws. When the drug-related offense alleged
committed by the offender falls in the category of a Special Law which expressly state that it is nonbailable, recital of the facts and the Special Law committed with the caption non-bailable is
appropriate as a long as that is provided by the Special Law. However, if the Special Law violated
does not carry the caption non-bailable, it is wrong to write it, such is tantamount to deprivation of
his Constitutional Right to Bail.