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recognizance
General rule: Bail is not required when the law or the Rules of
court so provide.
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 circumastances
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]
General rule : The application for fail 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 appelate 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
sanctions.
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.
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)