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A. Inquisitorial System
B. Accusatorial System
INQUISITORIAL SYSTEM
a. To submit counter-affidavit
b. To examine the evidence submitted by the
complainant
c. To be present in the clarificatory hearing
1. corporate surety
2. property bond
3. cash deposit
4. recognizance
BAIL BOND
An obligation of record,
entered into before some court or
magistrate duly authorized to take
it with the condition to do some
particular act.
INSTANCES WHEREIN RECOGNIZANCE IS
GRANTED:
a. When the offense charged is for violation of an ordinance, a
light, or a criminal offense, the imposable penalty of which
does not exceed 6 months imprisonment and/or P2,000 fine,
under the circumstances provided in RA No. 6036;
b. Where the 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, in its discretion, may allow his release on his own
recognizance;
c. Where the accused has applied for probation, pending
resolution of the case but no bail was filed or the accused is
incapable of filing one; and
d. In case of a youthful offender held for physical and mental
examination, trial or appeal, if he is unable to furnish bail
and under circumstances envisaged in PD No. 603 as
amended.
WHEN BAIL IS A MATTER OF
RIGHT?
1. before or after conviction by the MetTC,
MTCC, MTC, MCTC of offenses with an
imprisonment from 1 day to 6 yrs.
2. before conviction by RTC of offenses
(not punishable by death, reclusion
perpetua or life imprisonment) but with
an imprisonment from 6 yrs. and I day
to 20 yrs.
WHEN BAIL IS A MATTER OF
DISCRETION:
1. After conviction by RTC of offenses
(not punishable by death, reclusion
perpetua or life imprisonment) but
with an imprisonment from 6 yrs. and
I day to 20 yrs.
2. Before conviction by RTC of offenses
punishable by death, reclusion
perpetua or life imprisonment
NOT ENTITLED TO BAIL
1. Before conviction by the RTC of
offenses punishable by death, reclusion
perpetua or life of imprisonment when
evidence of guilt is strong.
2. After conviction by the RTC of offenses
punishable by death, reclusion perpetua
or life of imprisonment (since his
conviction imports that the evidence of
guilt is strong)
3. Military personnel who was charged of
offenses in violation of article of war
FACTORS TO BE CONSIDERED IN FIXING THE
AMOUNT OF BAIL
1. It must be in writing
2. It must be signed by the accused
3. It must be signed by the counsel of the
accused
PRE-TRIAL ORDER
It is an order issued by the court
reciting the actions taken, the facts
stipulated and the evidence marked
during the pre-trial conference. Such
order binds the parties and limits the
trial to those matters no disposed of.
TRIAL
2. New and material evidence discovered which the accused could not
with reasonable diligence have been discovered produce at the trial
and which if introduced and admitted would probably change the
judgment.
3. Other grounds which the court may determine in the exercise of its
discretion
MOTION FOR RECONSIDERATION