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BAIL

- is a security given for the release of a person under the custody of law furnished either by him or a bondsman to ensure
the appearance of the accused before any court when required either by the court or the rules. (Rule 114, Sec. 1)

- No person under detention by legal process shall be release or transferred except:


- upon order of the court; or,
- released on bail (Rule 114, Sec. 3)
- Bail is not a bar to objections on illegal arrest, lack of or irregular preliminary investigation provided that he raises them
before he enters his plea. The court shall determine such as early as practicable but not later than the start of the trial
(Rule 114, Sec. 26)
Conditions: (Rule 114, Sec. 2)
1. That the bail shall be effective upon approval, unless cancelled, and shall remain in force throughout the duration of the
case until final promulgation of the RTC, regardless of whether it was originally filed before it or on appeal
2. That the accused shall be required to appear before the proper court when required by the court or by the rules
3. That the failure of the accused to appear before the court shall be deemed as a waiver of his right to appear thereat. The
trial shall proceed in absentia
4. That the bondsman shall submit the accused before the court for the execution of final judgment
Requirements: (Rule 114, Sec. 2)
The original papers shall include:
1. Full name of the accused
2. Address of the accused
3. Amount of the undertaking
4. Conditions as imposed by the same section of this rule
5. Passport-sized photos taken within 6 months showing face, left and right profiles shall also be attached
Burden of proof: (Rule 114, Sec. 8)

- 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.
In the application for bail under section 8 of this Rule, the court must give reasonable notice of the hearing to the
prosecutor or require him to submit his recommendation. (Rule 114, Sec. 18)

Capital offense:

- Defined (Rule 114, Sec. 6): are offenses punishable by death at the time of commission or at the time of application for bail
under the existing law

- Rule for capital offenses (Rule 114, Sec. 7): No person charged with capital offense or offenses punishable by reclusion
perpetua or life imprisonment shall be admitted to bail when the evidence of guilt is strong regardless of whatever stage of
the criminal prosecution.
Bailable, as a matter of right

Bailable, discretionary

Non-bailable

Rule 114, Sec. 4

Rule 114, Sec. 5

Rule 114, Sec. 7

Before conviction in the MeTC, MTC,


MTCC, MCTC

Upon conviction in the RTC for offenses not


punishable by death, reclusion perpetua, or
life imprisonment

Offenses punishable by death, reclusion


perpetua and life imprisonment when the
guilt is strong

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Before conviction in RTC for offenses not


punishable by death, reclusion perpetua, life
imprisonment

When the accused is sentenced to a penalty


of more that 6 years and the prosecution
was able to prove that the accused is a:
1. Recidivist, quasi-recidivist, habitual
delinquent, aggravated by circumstance
of reiteration
2. Has escaped confinement, evaded
sentence, violated the conditions of his
bail without valid justification
3. Committed a crime during probation,
parole, or conditional pardon
4. When there is a probability of flight,
based on circumstances of the case,
when released on bail
5. When there is undue risk of committing
another crime during pendency of
appeal
Rules in filing and resolution:
- May be filed and acted upon by the trial
court despite the filing of the notice of
appeal, provided that the original record
has not yet been transferred to the
appellate court.
- May only be filed and resolved in the
appellate court if:
- the decision of the trial court
convicting the convicting the accused
changed the nature of the offense
from non-bailable to bailable.
Rule 114, Sec. 16

Rule 114, Sec. 24

When a person has been in custody for a


period equal to or more than the minimum
period of the principal penalty prescribed for
the offense charged, he shall be released on
reduced bail or on his own recognizance

Upon final judgment, except:


when before execution of final judgment,
he applies for probation, he may be
allowed temporary liberty under his bail
If there was no bail filed because of
incapability to file, the court may release
him on recognizance to the custody of a
responsible member of the community.
In no case shall bail be allowed after the
accused has commenced to serve the
sentence.

Guidelines in determining the amount of bail (Rule 114, Sec. 9):

- The judge who issued the warrant or granted the application shall fix a reasonable amount with the following, but not

limited to, considerations:


1. Financial ability of the accused to give bail
2. Nature and circumstances of the offense
3. Penalty for the offense charge
4. Character and reputation of the accused
5. Age and health of the accused
6. Weight of the evidence against the accused
7. Probability of the accused appearing at the trial
8. Forfeiture of other bail
9. The fact that the accused is a fugitive from justice at the time he was arrested
10. Pendency of other cases where the accused is on bail
Excessive bail shall not be required

When bail may be increased or reduced: (Rule 114, Sec. 20)

- Court may increase or reduce the amount of bail for a good cause.
- If increased, the accused may be committed to custody if he does not give bail in the increased amount within a
reasonable period.
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- If a person was released without a bail upon filing of complaint or information, the court may, at any subsequent stage
of the proceedings or upon showing of strong evidence against the accused, require the accused to give bail at the
amount fixed, or in lieu thereof, be committed to custody

Form

Description/Qualification:

Corporate surety

Any domestic or foreign corporation licensed as surety in accordance with law and
authorized to act as such may provide bail by a bond subscribed by the accused and an
officer of the corporation duly authorized by its board of directors. (Rule 114, Sec. 10)

Property bond

An undertaking constituted as a lien on the


real property given as security for the
amount of the bail. (Rule 114, Sec. 11)
Qualifications for sureties: (Sec. 12)
1. Should be resident owner of a real
estate within the Philippines
2. Only 1 surety - the real estate must be
worth at least the amount of the
undertaking
3. More than 1 surety - the value of the real
estate could be less than the amount of
the undertaking provided that the
aggregate amount of the surety is
equivalent to the whole amount of the
bail demanded

How filed:

Within 10 days from the approval of the


bond, the accused shall cause the
annotation of the lien on the certificate of
title with:
1. if registered, with the Registry of Deeds
2. if unregistered, in the space provided
therefor in the Registration Book of the
Registry of Deeds for the province or city
where the land lies, and on the
corresponding tax declaration in the
office of the provincial, city or municipal
assessor
Failure to submit compliance within the
same period shall be sufficient to cause the
cancellation of the property bond and his
rearrest and detention. (Rule 114, Sec. 11)

Justification by affidavit that he possesses


all the qualifications is required. He shall
describe the property given as security
stating: (Sec. 13)
1. the nature of his title
2. its encumbrances
3. the number and amount of other bails
entered into by him and still
undischarged
4. his other liabilities
Court may examine the sureties upon oath
concerning their sufficiency in such a
manner it may deem as proper.
No bail shall be approved unless qualified
(Rule 114, Sec. 13)
Cash deposit

The accused or any person acting in his behalf may deposit in cash with the nearest
collector of internal revenue or provincial, city, or municipal treasurer, or the clerk of court
where the case is pending, the amount of bail fixed by the court, or recommended by the
prosecutor who investigated or filed the case. Upon submission of a proper certificate of
deposit and a written undertaking showing compliance with the requirements of section 2 of
this Rule, the accused shall be discharged from custody.
The money deposited shall be considered as bail and applied to the payment of fine and
costs while the excess, if any, shall be returned to the accused or to whoever made the
deposit. (Rule 114, Sec. 14)

Recognizance

Whenever allowed by law or these Rules, the court may release a person in custody to his
own recognizance or that of a responsible person. (Rule 114, Sec. 15)
Recognizance - a mode of securing the release of any accused person
in custody or detention who is unable to post bail due to poverty. (Rule III, Sec. 5g PPADOJ INTERNAL GUIDELINES FOR THE IMPLEMENTATION OF RA NO. 10389)

When there is no bail required; reduced bail or recognizance:


1. When the law or these Rules provide.
2. Rule 114, Sec. 16:
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1. When the person has been in custody for a period equal to or 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 proceedings on appeal.
1. If destierro, he shall be released after 30 days of preventive imprisonment
2. 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 oh
reduced bail or on recognizance, at the discretion of the court
Filing of bail:
Where: (Rule 114, Sec. 17)
1. Fixed amount:
1. If arrested within the jurisdiction where the case is pending
1. Where the case is pending
2. In the absence or unavailability of the judge thereof, with any RTC, MeTC, MTC, MCTC judge in the
province, city or municipality
2. If arrested in a province, city or municipality other than where the case is pending
1. with any RTC of the province
2. In the absence of judge in the RTC, before any MeTC, MTC, MCTC judge in the province, city or
municipality
2. Bail discretionary or accused seeks to be released on recognizance
1. Only in the court where the case is pending, on trial or appeal
3. Person in custody without official charge yet
1. Any court within the city, province, municipality where he is held.
How: (Rule 114, Sec. 5)
1. When discretionary:
1. The application for bail may be filed and acted upon by the trial court despite the filing of a notice of appeal,
provided it has 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-bailable to bailable, the application for bail
can only be filed with and resolved by the appellate court.
2. Should the court grant the application, the accused may be allowed to continue on provisional liberty during the
pendency of the appeal under the same bail subject to the consent of the bondsman.
Release on bail: (Rule 114, Sec. 19)

- Upon approval of the judge with whom the bail is filed in accordance with Rule 114, Sec. 17
- If the bail is filed with a court other than where the case is pending, the judge who accepted the bail shall forward it,
together with the order of release and other supporting papers, to the court where the case is pending, which may require
a different on to be filed, with a good reason.
Forfeiture of bail:

- Violation of the conditions.


- When an accused is required to appear before any court: (Rule 114, Sec. 21)
His bondsmen shall be notified by the court to produce him before the court on a given time and date
Failure to appear in person as required shall cause the forfeiture of his bail and his bondsmen shall be required to:
Produce the principal within 30 days
Show cause as to why no judgment should be rendered against them for the amount of their bail.
Failure to do any of the above requisites shall cause a declaration of decision against the bondsmen jointly and severally
for the amount of the bail. No reduction or mitigation of liability shall be allowed unless the accused has been
surrendered or is acquitted.
Cancellation of bail: (Rule 114, Sec. 22)

- Upon application of the bondsman, with due notice to the prosecutor when:
- The accused surrenders
- The accused dies and the bondsman furnishes a proof of his death
- Automatically cancelled when the accused is acquitted, the case is dismissed, or conviction.
- Cancellation shall be without prejudice to any liability on bail.
Arrest on bail: (Rule 114, Sec. 23)

- For the purpose of surrendering him to the court, the bondsmen may:
- Arrest him on their own; or,
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- With their written authority endorsed on a certified copy of the undertaking, shall cause him to arrested by a police
officer or any other person of a suitable age and discretion

- Accused may be re-arrested without necessity of a warrant when he attempts to depart from the Philippines without
authority of the court where the case is pending.
Court supervision of detainees: (Rule 114, Sec. 25)

- Purpose: to eliminate unnecessary detention.


- Executive judges of the RTC shall conduct monthly personal inspections of provincial, municipal, or city jails under their

jurisdiction. They shall:


- Ascertain the number of detainees
- Inquire on their proper accommodation and health
- Examine condition of jail facilities
- They shall ensure segregation of:
- Males and females
- Adults and minors
- Ensure the right of the detainees to confer privately with their counsel
- Eliminate condition inimical to detainees
In cities and municipalities specified by the SC, MTC or MeTC judges shall conduct the monthly inspection and submit a
report to the executive judge of the RTC having jurisdiction therein
Monthly report shall be submitted by the executive judge to the Court Administrator which shall contain:
- The number of detainees
- names of those who have been held for more than 30 days
- Duration of detention
- Crime charged
- Status of the case
- Cause for detention
- Other pertinent information

STATUTES:
Adm. Circ. No. 2-92 Re: Cancellation of bail bond of an accused convicted of capital offense in the RTC
Governing principle: Rule 114, Sec. 3.
an accused who is charged with a capital offense or an offense punishable by reclusion perpetua, shall no longer be
entitled to bail as a matter of right even if he appeals the case to this Court since his conviction clearly imports that the
evidence of his guilt of the offense charged is strong.
A.M. No. 5-8-26-SC Re: Amendment of Rules 112 And 114 Of The Revised Rules on Criminal Procedure by
Removing the Conduct of Preliminary Investigation from Judges of the First Level Courts
Section 17 Bail, where filed.
Bail in the amount fixed may be filed with the court where the case is pending, or, in the absence or unavailability of
the judge thereof, with any regional trial judge, metropolitan trial judge, municipal trial judge, or municipal circuit trial
judge in the province, city, or municipality. If the accused is arrested in a province, city, or municipality other than
where the case is pending, bail may be filed with any regional trial court of said place, or, if no judge thereof is
available, with any metropolitan trial judge, municipal trial judge or municipal circuit trial judge therein.
Where the grant of bail is a matter of discretion, or the accused seeks to be released on recognizance, the
application may be filed only in the court where the case is pending, on trial or appeal.
Any person in custody who is not yet charged in court may apply for bail with any court in the province, city or
municipality where he is held, (17a)
All First Level Courts shall continue with the preliminary investigation of cases pending with them and terminate them
not later than December 31, 2005.
Upon the date of effectivity of these amendments, First Level Courts shall no longer accept new cases for preliminary
investigation, which fall under the exclusive jurisdiction of courts of other levels.
These amendments shall take effect on October 3, 2005 following their publication in a newspaper of general circulation
not later than September 15, 2005.
RA 6036 Bail not required for violations of city or municipal ordinances, or criminal offenses punishable by a
penalty less that arresto mayor or fine of 2000 pesos or both, subject to certain exceptions
Where the person has established to the satisfaction of the court or any other appropriate authority hearing his case that
he is unable to post the required cash or bail bond, Except:
When he is caught committing the offense in flagranti
When he confesses to the commission of the offense unless the confession is later repudiated by him in a sworn
statement or in open court as having been extracted through force or intimidation;
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When he is found to have previously escaped from legal confinement, evaded sentence, or jumped bail;
When he is found to have previously violated the provisions of Section 2 hereof;
When he is found to be a recidivist or a habitual delinquent or has been previously convicted for an offense to which the
law or ordinance attaches an equal or greater penalty or for two or more offenses to which it attaches a lighter penalty;

When he commits the offense while on parole or under conditional pardon; and
When the accused has previously been pardoned by the municipal or city mayor for violation of municipal or city
ordinance for at least two times.

Instead of bail, the person charged with any offense contemplated by Section 1 hereof shall be required to sign in the
presence of two witnesses of good standing in the community a sworn statement binding himself, pending final decision of
his case, to report to the Clerk of the Court hearing his case periodically every two weeks. The Court may, in its dis- cretion
and with the consent of the person charged, require further that he be placed under the custody and subject to the
authority of a responsible citizen in the community who may be willing to accept the responsibility. In such a case the
affidavit herein mentioned shall include a statement of the person charged that he binds himself to accept the au- thority of
the citizen so appointed by the Court. The Clerk of Court shall immediately report the presence of the accused person to
the Court. Except when his failure to report is for justifiable reasons including circumstances beyond his con- trol to be
determined by the Court, any violation of this sworn statement shall justify the Court to order his immediate arrest unless
he files bail in the amount forthwith fixed by the Court.
RA 9344 Juvenile Justice and Welfare Act of 2006

Mitigating circumstance of minority shall be considered


Release on recognizance: court shall order release of minor detained
on recognizance to his/her parents or other suitable person
on bail
to transfer detention of child to a youth detention home/youth detention rehabilitation center
Court shall not order detention of child in jail pending trial/hearing of his/her case
CASES:
Stack vs. Boyle
Short facts: Stack et al were charged of a crime wherein an excessive bail was imposed by the trial court. They filed a motion
to reduce bail which was granted by the SCotUS.
Doctrines:
Bail guarantees the right to freedom before conviction, which shall permit the unhampered preparation of defense, and
serves to prevent infliction of punishment before conviction. It furthers the presumption of innocence
Bail is conditioned on the adequate assurance of the accused that he will stand trial and will submit to sentence if found
guilty
To determine if the amount of bail to be imposed shall depend case-to-case. The fixing of the amount of bail for every
individual must be based upon standards relevant to the purpose of assuring presence of that defendant at the trial. The
personal and financial circumstances of the accused shall also be considered.
Bail fixed at a higher amount than is reasonably calculated shall be deemed excessive.
Yap, Jr. vs. CA
Short facts: Yap was convicted of estafa by the RTC and was sentenced to serve imprisonment. He applied for bail which
was granted and fixed at P5.5M and was also required to surrender his passport aside from the issuance of hold departure
order (HDO) against him. He contested the amount of bail saying that it was excessive and was equivalent to his civil liability
which is prohibited. Also contested that the HDO impaired his right to travel and change abodes. SC granted the reduction of
bail reasoning that provisional liberty can never be had if excessive bail is allowed. They, however, sustained the HDO.
Doctrines:
Bail is not intended as a punishment. It is also not intended to satisfy an accuseds civil liability which should necessarily
await judgment on merits.
Purpose of bail is to guarantee appearance of the accused at the trial whenever required by the court.
Courts have a wide latitude in fixing the amount of bail. Where they fear that the accused may jump bail, they are not
precluded from installing devices to ensure against the same. Options include fixing the bail bond to an appropriate level,
or requiring the person to report periodically to the court and to make accounting of his movements.
Manotoc vs. CA
Short facts: Manotoc was charged with estafa and was admitted to bail on surety. He wanted to go to US on a business trip
so he filed a Motion to Leave the Country which was denied. The same was sustained by the SC reasoning that his purpose
to travel was not urgent.
Doctrines:
The accused out on bail does not have an unrestricted right to travel.

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The constitutional right to travel is not absolute. Courts may issue a restriction on the persons right to travel as a

necessary consequence of the nature and function of the bail bond. The condition that the accused makes himself
available at all times whenever the court requires his presence operates as a valid restriction on his right to travel.
If sureties have the right to prevent a principal, more so have the courts the right to prohibit the accused from leaving the
country.

Esteban vs. Alhambra


Short facts: Esteban posted a bail bond in behalf of her brother-in-law. While the brother-in-law was out on bail, he committed
another crime and was arrested and detained. Esteban, thinking that her brother-in-law was helpless and unbelievable,
refused to post another bail bond and applied for a cancellation of the bail bond she previously posted, in lieu of surrendering
her brother-in-law who was already in jail. RTC denied the application saying that she did not surrender her brother-in-law,
but instead, was arrested for another crime. RTC further stated that cash bond is considered as property in custodia legis and
is to be applied for the payment of fines and costs regardless of w/n it was filed by a third person. SC sustained TC decision.
Doctrines:
Bail may be cancelled upon surrender of the accusedor proof of his death.
The money deposited shall be considered as bail and applied to the payment of fine and costs, while the excess, if any,
shall be returned to the accused or to whoever made the deposit.
A cash bond may be posted either by the accused or by any person in his behalf. Such money deposited is regarded as
the money of the accused. Consequently, it can be applied in payment of any fine and costs that may be imposed by the
court.
Taborite vs. Sollesta
Short facts: Taborite was the widow of the person allegedly killed by Divino. She filed a complaint for murder against Divino to
which he filed a petition for bail. Complainants Taborite and public prosecutors were not notified of the hearing for bail, only
the counsel for the accused and the police were there. Bail was granted. Taborite filed an administrative complaint against
respondent judge saying that in granting the bail without the requisite hearing and recommendation of the public prosecutor
committed oppression and knowingly rendered an unjust judgment. OCA and SC both sided with Taborite.
Doctrines:
Baylon vs. Sison: the discretion of the court in cases involving capital offenses may be exercised only after there has been
a hearing called to ascertain the weight of the evidence against the accused. Peremptorily, the discretion lies not in
determining whether or not there will be a hearing, but in appreciating and evaluating the weight of the evidence of guilt
against the accused. It follows that any order issued in the absence of the requisite evidence is not a product of sound
judicial discretion but of whim and caprice and outright arbitrariness.
Prosecution must first be accorded an opportunity to present evidence. It is on the basis of such evidence that judicial
discretion is exercised in determining whether the evidence of guilt of the accused is strong.
Granting bail in non-bailable offenses without hearing is gross ignorance of the law.When the law is so elementary, as in
this case, not to be aware of it constitutes ignorance of the law. Ignorance of the law, which everyone is bound to know,
excuses no one - certainly not a judge from compliance therewith.
Serapio vs. Sandiganbayan
Chua vs. CA
Leviste vs. CA
Tanog vs. Balindog
People vs. Valdez

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