BAIL

(rule 114)
The security given for the release of a person
in custody of law, furnished by him or a
bondsman,
conditioned
upon
his
appearance before any court as required.
Bail may be given in the form of corporate
surety, property bond, cash deposit, or
recognizance. (SEC. 1, Rule 114, ROC).

 Purpose of Bail?

to guarantee the appearance of a person

before any court when so required.
That the accused shall appear before the proper
court whenever required by the court or by the
Rules is also one of the conditions in all kinds of
Bail (sec. 2 (b), rule 114)
A Bail application does not only involve the right
of the accused to temporary liberty, but likewise
the right of the State to protect the people and
the peace of the community from dangerous
elements (People vs Manallo, 400 SCRA 99)

Nature of Bail

The right to bail is a Constitutional right.

It is personal in nature and is therefore, waivable
(Paderanga v. CA, 247 SCRA 741)
The right to Bail springs from the presumption
of innocence accorded every accused upon whom
should not be inflicted incarceration at the outset
since after the trial he would be entitled to
acquittal, unless his guilt be established beyond
reasonable doubt (Paderanga v CA)

 Since Bail is the security for the release of

a person under the custody of the law, it is
evident that it is not intended to cover the
civil liability of the accused in the same
criminal case.
However, it may also be applied to the
payment of fines and costs while the
excess if any shall be returned to the
accused or to whoever made the deposit
(Sec. 14, Rule 114).

Constitutional basis
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. The right to bail shall not be impaired
even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required (Sec 13,
Art. 3 1987 Constitution).

Thus, the Constitutional principles on bail

are:
A. All persons charged shall, before
conviction, be bailable.
B. The suspension of the privilege of
the writ of habeas corpus does not impair
the right to bail.
C. Excessive bail shall not be required.

 The grant or denial of Bail to a person charged

with an offense punishable by at least reclusion
perpetua is made dependent on whether or not
the evidence of guilt is strong.
The test is not whether the evidence establishes
guilt beyond reasonable doubt but rather whether
it shows evident guilt or a presumption of guilt.
As such the court is ministerially bound to decide
which circumstances and factors are present
which would show evident guilt or presumption
of guilt (People v Cabral, Feb. 18, 1999).
The word strong does not mean proof beyond
reasonable doubt (Pareja v. Gomez 5 SCRA 830)

Where the right to bail exists, it should not

be rendered nugatory by requiring a sum
that is excessive, otherwise the right to bail
becomes meaningless.
The right to Bail invoked has traditionally
not been recognized and is not availabe in
the military, as an exception to the general
rule embodied in the Bill of Rights.
(Comendador v. Villa, Aug. 2, 1991).

Who furnishes the bail?

The bail may be furnished by the bail
applicant or by a bondsman (Sec. 1, rule
114).

The applicant for bail must be in custody.

If bail is the security for the release of a
person under custody, bail cannot be availed
of by someone outside the custody of the
law. A freeman therefore, is not entitled to
bail.

Bail for those not yet charged

What entitles a person to bail is his being under

the custody of the law. Hence, 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 (Sec.
17(c ), rule 114).
A person deprived of his liberty by virtue of his
arrest or voluntary surrender may apply for bail
as soon as he is deprived of his liberty, even
before a complaint or information is filed against
him (Serapio v. Sandiganbayan, Jan. 28, 2003).

What will be the effects of failure to appear

at the trial?
The failure of the accused to appear at the trial

without justification despite due notice shall be

deemed a waiver on his right to be present and
the trial may proceed in absentia (sec. 2(c ) Rule
114)
The bondsman may arrest the accused for the
purpose of surrendering the accused. (sec. 23,
rule 114)

Rule: The Court cannot require arraignment before

the grant of bail

* It was ruled that a person is allowed to

petition for bail as soon as he is deprived of
his liberty by virtue of his arrest or
voluntary surrender. An accused need not
wait for his arraignment before filing a
petition for bail.(Serapio v Sandiganbayan).

Forms of BAIL
1. Bail may be given in the ff. forms:
a. corporate surety (furnished by a
corporation),
b.
property
bond
(undertaking
constituted as lien on the real
property),
c. cash deposit, or
d. recognizance.

recognizance
This is an obligation of record entered into before
some court or magistrate duly authorized to take
it, with the condition to do some particular act, the
most usual condition in criminal cases being the
appearance of the accused for trial.
The release may be either on the recognizance of
the accused himself or that of a responsible person
(sec 15, rule 114).

Release on recognizance:
1. When the offense charged is for violation of an
ordinance, a light felony, or a criminal offense, the
imposable penalty of which does not exceed 6
months imprisonment and or 2000 fine (RA 6036).
2. Where a person has been in custody for a
period equal to or more than the minimum of the
imposable principal penalty, without application
of the Indeterminate sentence Law or any
modifying circumstance, in which case the court
may allow his release on his own recognizance, or
on reduced bail.(Sec 16, rule 114)

Guidelines in fixing the amount of bail

* The basic rule in fixing the amount of bail is that
excessive bail shall not be required (sec 9, rule 114
and the Phil, Constitution).
Judge must consider primarily, but not limited to,
the ff:

financial ability of the accused;

Nature and circumstances of the offense;
Penalty of the offense charged;
Character and reputation of the accused;
Age and health of the accused,
Weigh of the evidence against the accused;

Probability of the accused appearing at

trial;
Forfeiture of other bail;
The fact that the accused was a fugitive
from justice when arrested;and
Pendency of other cases where the
accused is on bail. (sec 9 rule 114).

When Bail not required?

1. Generally, bail is not required when the law or
the Rules of Court so provide. (sec. 16, rule 114).
2. When a person has been in custody for a period
equal to or more than the possible maximum
imprisonment prescribed.
3. In cases filed with the MTC or MCTC of an
offense punishable by imprisonment of less than 4
years, 2 months and 1 day, and the judge is satisfied
that there is no necessity for placing the accused
under custody.
4. Under RA 6036, bail shall not be required if a
person is charged with a violation of a municipal

Or city ordinance, a light felony and/ or a criminal

offense, the prescribed penalty for which is not
higher than 6 months imprisonment and/ or a fine
of 2000 pesos or both.. EXCEPT:

when he is caught in flagrante;

When he confesses to the commission of the
offense ;
When he is found to have previously escaped from
legal confinement, evaded sentence or jump bail;
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 whileon
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 2 times.

BAIL is not allowed in the ff. cases:

1. If charged with a capital offense, or an offense
punishable by reclusion perpetua or life
imprisonment, shall not be admitted to bail when
evidence of guilt is strong regardless of the stage of
the criminal prosecution (sec 7, rule 114).
2. If a judgment of conviction has become final.
3. After the accused has commenced to serve
sentence (sec 24, rule 114)

When Bail is a matter of right?

1. Gen . Rule is that all persons in custody shall be
admitted as a matter of RIGHT which applies to
the ff:

before conviction by the MTC, MTCC, or

MCTC;
after conviction by the courts mentioned above;
Before conviction by the RTC of an offense not
punishable by death , reclusion perpetua, or life
imprisonment (sec 4 rule 114).

REMEDY when bail is denied

The remedy of the petitioner is to file a petition for
CERTIORARI if the trial court committed grave
abuse of discretion amounting to lack or excess of
jusrisdiction in issuing the said order (People v
Gomez , 325 scra 61)

When bail is a matter of discretion?

When the accused has been convicted in the RTC
of an offense not punishable by death, reclusion
perpetua, or life imprisonment, the admission to
bail becomes discretionary (rule 5, rule 114).
* Thus if the penalty imposed is death, reclusion
perpetua or life imprisonment, bail should be
denied because this means that the reason for
the conviction is that the evidence of guilt was
strong.

Where application for bail is to be filed

when bail is a matter of discretion and after
conviction by the RTC?
Ans. The application may be filed and acted
upon by the trial court even if the notice of
appeal has already been filed provided that the
trial court has not yet transmitted the original
record to the appelate court.(sec 5, rule 114).
* If the decision of the RTC convicting the accused
changed the nature of the offense from nonbailable to bailable, the application can only be
files with and resolved by the appelate court.

The court is not authorized to deny or

cancel the bail ex parte. The rule requires
notice to the accused (sec 5, rule 114).
The resolution of the RTC denying or
cancelling the bail may be reviewed by the
appelate court motu propio or on motion of
any party after notice to the adverse party
in either case. (sec. 5 rule 114)

 A Hearing of the application for bail is to be

conducted when a person is in custody for the
commission of an offense punishable by death,
reclusion pertpetua, or life imprisonment.
In the hearing, the prosecution has the burden of
showing the evidence of guilt is strong (Sec. 8
rule 114)
The evidence presented during the bail hearing
shall be considered automatically reproduced at
the trial.