BAIL (RULE 114)
DEFINE BAIL (Sec. 1)
- Bail is the security given for the release of a person in custody of the law,
furnished by him or a bondsman, to guarantee his appearance before any
court as required under the conditions hereinafter specified.
- Bail may be given in the form of corporate surety, property bond, cash
deposit, or recognizance.
The purpose of bail is to guarantee the appearance of the accused at the
trial.
Since bail is security for the release of a person under 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.
WHO FURNISHES BAIL
- Bail is furnished by the applicant himself or a bondsman.
WHAT IS THE OBLIGATION OF A BONDSMAN?
Arrest of accused out on bail (Sec. 23)
- For the purpose of surrendering the accused,
a. the bondsmen may arrest him; or,
b. upon written authority endorsed on a certified copy of the
undertaking, cause him to be arrested by a police officer or any other
person of suitable age and discretion.
An accused released on bail may be re-arrested without the necessity of a
warrant if he attempts to depart from the Philippines without permission of the
court where the case is pending.
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 any person outside the custody of the law.
- Custody of law is required before the court can act on an application for bail.
BAIL TO GUARANTEE APPEARANCE OF WITNESSES
- The witness may be ordered to post bail even if he is not under detention.
- Bail shall apply to secure the appearance of a material witness in court.
- If the witness refuses to post bail, he shall be committed to prison.
WHERE TO FILE BAIL (SEC. 17)
a. Bail in the amount fixed may be filed with the court where the case is
pending; or
b. 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.
c. If the accused is arrested in a province, city, or municipality other than where
the case is pending, bail may also 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 only be filed in the court where
the case is pending, whether on preliminary investigation, trial, or on 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.
CONDITIONS OF THE BAIL (SEC. 2)
All kinds of bail are subject to the following conditions:
A. The undertaking shall be effective upon approval, and unless cancelled, shall
remain in force at all stages of the case until promulgation of the judgment of
the Regional Trial Court, irrespective of whether the case was originally filed
in or appealed to it;
B. The accused shall appear before the proper court whenever required by the
court of these Rules;
C. The failure of the accused to appear at the trial without justification and
despite due notice shall be deemed a waiver of his right to be present
thereat. In such case, the trial may proceed in absentia; and
D. The bondsman shall surrender the accused to the court for execution of the
final judgment.
The original papers shall state the full name and address of the accused, the
amount of the undertaking and the conditions herein required. Photographs
(passport size) taken within the last six (6) months showing the face, left and
right profiles of the accused must be attached to the bail.
FORMS OF BAIL
Bail may be given in the form of
1. corporate surety;
2. property bond;
3. cash deposit; or
4. recognizance
1. Corporate surety (Sec. 10)
- Any domestic or foreign corporation, licensed as a surety in accordance
with law and currently authorized to act as such, may provide bail by a
bond subscribed jointly by the accused and an officer of the
corporation duly authorized by its board of directors.
2. Property bond, how posted (Sec. 11)
- A property bond is an undertaking constituted as lien on the real
property given as security for the amount of the bail;
- Within ten (10) days after the approval of the bond, the accused shall
cause the annotation of the lien on the certificate of title on file with
the Register of Deeds if the land is registered;
- If unregistered, in the Registration Book on the space provided
therefor, in 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 and municipal assessor concerned.
Within the same period, the accused shall submit to the court his compliance
and his failure to do so shall be sufficient cause for the cancellation of the
property bond and his re-arrest and detention.
Qualifications of sureties in property bond (Sec. 12)
The qualification of sureties in a property bond shall be as follows:
A. Each must be a resident owner of real estate within the Philippines;
B. Where there is only one surety, his real estate must be worth at least
the amount of the undertaking;
C. If there are two or more sureties, each may justify in an amount less
than that expressed in the undertaking but the aggregate of the
justified sums must be equivalent to the whole amount of bail
demanded.
In all cases, every surety must be worth the amount specified in his own
undertaking over and above all just debts, obligations and properties exempt
from execution.
3. Deposit of cash as bail. (Sec. 14)
- The accused or any person acting in his behalf may deposit in cash
with the nearest collector or internal revenue or provincial, city, or
municipal treasurer 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.
4. 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.
GUIDELINES IN FIXING THE AMOUNT OF BAIL (Sec. 9)
- The judge who issued the warrant or granted the application shall fix a
reasonable amount of bail considering primarily, but not limited to, the
following factors:
(a) Financial ability of the accused to give bail;
(b) Nature and circumstances of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
(i) The fact that accused was a fugitive from justice when
arrested; and
(j) Pendency of other cases where the accused is on bail.
Excessive bail shall not be required.
If the accused does not have the financial ability to post the amount of bail
that the court initially fixed, he may move for its reduction, submitting for
that purpose such documents or affidavits as may warrant the reduction he
seeks.
The order fixing the amount of bail is not appealable.
DURATION OF BAIL
- The undertaking shall be effective upon approval and unless cancelled, shall
remain in force at all stages of the case until promulgation of the judgment of
the Regional Trial Court, irrespective of whether the case was originally filed
in or appealed to it. (Sec. 2 (a))
The bail bond posted by the accused can only be used during the 15-day
period to appeal and not during the entire period of appeal.
RELEASE OR TRANSFER OF PERSON IN CUSTODY (Sec. 3)
- No person under detention by legal process shall be released or transferred
except
a. upon order of the court; or
b. when he is admitted to bail
WHEN BAIL IS NOT REQUIRED (Sec. 16)
No bail shall be required when the law or these Rules so provide.
When a person has been in custody for a period equal to or more than the
possible maximum imprisonment prescribe for the offense charged, he shall
be released immediately, without prejudice to the continuation of the trial or
the proceedings on appeal.
If the maximum penalty to which the accused may be sentenced is destierro,
he shall be released after thirty (30) days of preventive imprisonment.
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 on a reduced bail or on his own recognizance, at the discretion of
the court.
WHEN BAIL IS NOT ALLOWED
a. Capital offense of an offense punishable by reclusion perpetua or life
imprisonment, not bailable. (Sec. 7)
- No person charged with a capital offense, or an offense punishable by
reclusion perpetua or life imprisonment, shall be admitted to bail
when evidence of guilt is strong, regardless of the stage of the
criminal prosecution.
What is Capital Offense?
- A capital offense is an offense which, under the law
existing at the time of its commission and of the
application for admission to bail, may be punished with
death.
b. No bail after final judgment; exception(Sec. 24).
- No bail shall be allowed after the judgment of conviction has become
final.
- If before such finality, the accused has applied for probation, he may
be allowed temporary liberty under his bail.
- When no bail was filed or the accused is incapable of filing one, the
court may allow his release 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 sentence.
WHEN IS BAIL A MATTER OF RIGHT (Sec. 4)
GR: all persons in custody shall be admitted to bail as a matter of right.
All persons in custody shall be admitted to bail as a matter of right, with sufficient
sureties, or released on recognize as prescribed by law or this Rule:
a. Before or after conviction by the Metropolitan Trial Court, Municipal Trial
Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court; and
b. before conviction by the Regional Trial Court of an offense not punishable by
death, reclusion perpetua, or life imprisonment.
WHEN IS BAIL A MATTER OF DISCRETION (Sec. 5).
- Upon conviction by the Regional Trial Court of an offense not punishable by
death, reclusion perpetua, or life imprisonment, admission to bail is
discretionary.
Where to file the motion to post bail
- 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.
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.
When application for bail after conviction by the RTC Shall be denied
- If the penalty imposed by the trial court is imprisonment exceeding six (6)
years, the accused shall be denied bail, or his bail shall be cancelled upon a
showing by the prosecution, with notice to the accused, of the following or
other similar circumstances:
A. That he is a recidivist, quasi-recidivist, or habitual delinquent, or
has committed the crime aggravated by the circumstance of
reiteration;
B. That he has previously escaped from legal confinement, evaded
sentence, or violated the conditions of his bail without valid
justification;
C. That he committed the offense while under probation, parole, or
conditional pardon;
D. That the circumstances of his case indicate the probability of
flight if released on bail; or
E. That there is undue risk that he may commit another crime
during the pendency of the appeal.
The appellate court may, motu proprio or on motion of any party, review the
resolution of the Regional Trial Court after notice to the adverse party in either
case.
BURDEN OF PROOF IN BAIL APPLICATION (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.
Reproduction of Evidence presented at the bail hearing
- 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.
WHERE APPLICATION OR PETITION FOR BAIL MAY BE FILED (Sec. 17)
a) 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;
b) If the accused is arrested in a province, city, or municipality other than where
the case is pending, bail may also 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 only be filed in the court where
the case is pending, whether on preliminary investigation, trial, or on 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.
INCREASE AND REDUCTION OF BAIL (Sec. 20)
After the accused is admitted to bail, the court may, upon good cause, either
increase or reduce its amount.
When increased, the accused may be committed to custody if he does not
give bail in the increased amount within a reasonable period.
Bail for accused originally released without bail
- If the accused held to answer a criminal charge, who is released
without bail upon filing of the complaint or information, may, at any
subsequent stage of the proceedings and whenever a strong
showing of guilt appears to the court, be required to give bail in the
amount fixed, or in lieu thereof, committed to custody.
FORFEITURE OF BAIL (Sec. 21)
- When the presence of the accused is required by the court or these Rules, his
bondsmen shall be notified to produce him before the court on a given date
and time.
- If the accused fails to appear in person as required, his bail shall be declared
forfeited and the bondsmen given thirty (30) days within which to produce
their principal and to show cause why no judgment should be rendered
against them for the amount of their bail.
With the period of 30 days the bondsman must:
(a) produce the body of their principal or give the reason for his non-
production; and
(b) explain why the accused did not appear before the court when first
required to do so.
Failing in these two requisites, a judgment shall be rendered against the bondsmen,
jointly and severally, for the amount of the bail. The court shall not reduce or
otherwise mitigate the liability of the bondsmen, unless the accused has been
surrendered or is acquitted.
BENCH WARRANT
- Aside from forfeiture, when the accused fails to appear in court despite
notice, the court may issue a bench warrant for his arrest.
What is Bench Warrant
- A writ issued directly by a judge to a law enforcement officer for
the arrest of a person who has been held in contempt, has
disobeyed a subpoena, or has to appear at a hearing or trial.
CANCELLATION OF THE BAIL (Sec. 22)
- Upon application of the bondsmen, with due notice to the prosecutor, the bail
may be cancelled upon surrender of the accused or proof of his death.
- The bail shall be deemed automatically cancelled upon acquittal of the
accused, dismissal of the case, or execution of the judgment of conviction.
- In all instances, the cancellation shall be without prejudice to any liability on
the bond.
Bail not a bar to objections on illegal arrest, lack of or irregular
preliminary investigation (Sec. 26)
- An application for or admission to bail shall not bar the accused from
challenging the validity of his arrest or the legality of the warrant issued
therefor; or
- from assailing the regularity or questioning the absence of a preliminary
investigation of the charge against him, provided that he raises them before
entering his plea.
- The court shall resolve the matter as early as practicable but not later than
the start of the trial of the case.
