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