RULE 114

BAIL
BAIL

It 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 a corporate surety,
property bond, cash deposit or on recognizance.
• PURPOSES OF A BAIL:
1. to honor the presumption of innocence until his guilt is proven beyond reasonable doubt
2. to enable him to prepare his defense without being subject to punishment prior to
conviction.

FORMS OF BAIL:
1. corporate surety
2. property bond
3. cash deposit
4. recognizance
 BAIL BOND VS. RECOGNIZANCE

BAIL BOND - An obligation under seal given by the accused with 1 or more sureties and
made payable to the proper officer with the condition to be void upon performance by the
accused of such acts as he may legally be require to perform.

RECOGNIZANCE - An obligation of record, entered into before some court or magistrate

duly authorized to take it with the condition to do some particular act.
• PROSECUTION WITNESSES MAY ALSO BE REQUIRED TO POST
BAIL TO ENSURE THEIR APPEARANCE AT THE TRIAL OF THE
CASE WHERE:
a. There is a substitution of information (Sec. 4, Rule 110)
b. Where the court believes that a material witness may not appear at the trial.
(Sec. 14, Rule 119)

Upon assumption of the obligation of bail, the sureties become in law the
jailers their PRINCIPAL.

As bail is intended to obtain or secure one’s provisional liberty, the same

cannot be posted before custody over him has been acquired by the court.
IN WHAT FORMS MAY BAIL BE GIVEN? 

• BAIL MAY BE GIVEN AS:

a. CASH
b. SURETY BOND
c. PROPERTY BOND
d. RECOGNIZANCE
CASH

• The money/cash deposited by the accused or any person acting on his behalf.
• Considered as bail, it may be applied to the payment of any fees and costs, and the excess, if
any, shall be returned to the accused or to whoever made the deposit
• It may be deposited with the nearest collector of 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.

Note: The trial judge has no authority to strictly require that only cash
bond, instead of a surety bond, be deposited for the provisional
release of the accused.
SURETY BOND/CORPORATE BOND

-bond from accredited bond companies; one issued by a

corporation licensed to provide bail subscribed jointly by the
accused and an officer duly authorized by its board of directors
(Sec. 10)
PROPERTY BOND

• An undertaking constituted as a lien on the real property given as

security for the amount of the bond.

Failure to do so shall be sufficient cause for cancellation of the

property bond and his re-arrest and detention.
RECOGNIZANCE
• An obligation of record entered into usually by the responsible members of the
community before some court or magistrate duly authorized to take it, with the
condition to do some particular act, the most usual act being to assure the
appearance of the accused for trial (People vs. Abner, 87 Phil. 566).
• The release of the accused may be on his own recognizance, which means that he
has become his own jailer. It may be to a responsible person. Persons charged
with offenses falling under the Rule on Summary Procedure may be released
either “on bail or on recognizance of a responsible citizen acceptable to the
court.”
THE FOLLOWING ARE CASES WHERE THE COURT MAY ORDER
THE RELEASE  ON RECOGNIZANCE OF ANY PERSON UNDER
DETENTION
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 P2000 fine, under the circumstances provided in RA No. 6036

b. Where a person has been in custody for a period equal to or morethan 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

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.
CONDITION OF A BAIL
• The accused shall appear before the proper court whenever required by
the court or rules.

Failure of the accused to appear at the trial without justification

despite due notice shall be deemed a waiver of his right to be present
thereat. The trial may proceed in absentia (trial in absentia)
• The bondsman shall surrender the accused to court for execution of
the final judgment.
AMOUNT OF BAIL; GUIDELINES

THE JUDGE 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 the accused was a fugitive from justice when arrested; and
j. Pendency of other cases where the accused is on bail.
CONDITION OF A BAIL

• The Surety's Liability Covers All These 3 Stages

a. trial
b. promulgation
c. the execution of the sentence.

Unless the court directs otherwise, the bail bond posted by an accused
remains in force at all stages of the case until its final determination.
• YAP V. CA AND THE PEOPLE, G.R. NO. 141529 (2001)
   - The prohibition against requiring excessive bail is enshrined in
     the Constitution. The obvious rationale is that imposing bail in
     an excessive amount could render meaningless the right to bail.
  
• The court has wide latitude in fixing the amount of bail. Where
     it fears that the accused may jump bail, it is certainly not
     precluded from installing devices to ensure against the same.

• Options may include increasing the bail bond to an appropriate

     level, or requiring the person to report periodically to the
     court and to make an accounting of his movements.
NO RELEASE OR TRANSFER EXCEPT ON COURT
ORDER OR BAIL

• No person under detention by legal process shall be released or transferred except upon
order of the court or when he is admitted to bail.

• No person under detention by legal process shall be released or transferred except upon
order of the court or when he is admitted to bail.
BAIL, A MATTER OF RIGHT; EXCEPTION
• WHEN BAIL IS A MATTER OF RIGHT:
1. Before or after conviction by the MTC,MTC,MCTC, Municipal Trial Court,MTCC,
Before conviction by the Regional Trial Court of an offense not punishable by
death, reclusion perpetua, or life imprisonment; and
2. Before judgment of conviction by RTC of an offense punishable by Death, Reclusion
Perpetua or Life Imprisonment and evidence of guilt is not strong.

      -Note: Prosecution does not have the right to oppose or to present

        evidence for its denial.
• PEOPLE V. SINGH ET. AL. TO SEE G.R.NO. 129782 (2001)
- In hearing the petition for bail, the prosecution has the burden of showing that the evidence
of guilt is strong pursuant to Sec. 8 Rule 114. In bail proceedings, the prosecution must be
given ample opportunity to show that the evidence of guilt is strong. While the proceeding is
conducted as a regular trial, it must be limited to the determination of the bailability of the
accused. It should be brief and speedy, lest the purpose for which it is available is rendered
nugatory.

Note: Right to bail may be waived.

BAIL AS A MATTER OF DISCRETION

a. Before judgment of conviction by the RTC of an offense punishable by death, reclusion

perpetua or life imprisonment, and the evidence of guilt is strong.
b. After judgment of conviction by the RTC of an offense punishable by death, reclusion perpetua
or life imprisonment
c. After judgment of conviction by the RTC and the penalty imposed is imprisonment exceeding 6
years but less than death, reclusion perpetua or life imprisonment, and any of the following bail-
negating circumstances is present:
• That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by
the circumstance of reiteration;
• That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of
his bail without valid justification;
• That he committed the offense while under probation, parole, or conditional pardon;
• That the circumstances of his case indicate the probability of flight if released on bail; or
• That there is undue risk that he may commit another crime during the pendency of the appeal.
Note: Upon finality of judgment of conviction unless the Accused file an application for probation.
BAIL IN COURT-MARTIAL OFFENSES

- The right to bail of an accused military personnel triable by courts-martial does not exist, as
an exception to the general rule that an accused is entitled to bail except in a capital offense
where the evidence of guilt is strong.
RATIONALE: The unique structure of the military justifies exempting military men from the
constitutional coverage on the right to bail.

The right to bail is not available to military personnel or officer charged with a violation of
the Articles of War. (Aswat v. Galido, 204 SCRA 205)
• NOTICE OF HEARING REQUIRED:
- Whether bail is a matter of right or of discretion, reasonable notice of hearing is required to
be given to the prosecutor or fiscal or at least he must be asked for his recommendation
because in fixing the amount of bail, the judge is required to take into account a number of
factors such as the applicant’s
character and reputation, forfeiture of other bonds, or whether he is a fugitive from justice.

• Hearing is not required if bail is recommended by the prosecution and it is a matter of right.
CAPITAL OFFENSE
- It 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.

The capital nature of an offense is determined by the penalty prescribed by law, and not by the
penalty that may be imposed after trial and on the basis of the evidence adduced and the
presence of aggravating or mitigating circumstance.

NOTE: Republic Act No. 9346 entitled ”An Act Prohibiting the Imposition of Death Penalty in
the Philippines” was enacted on June 24, 2006, repealing R.A. No. 8177 and R. A. No. 7659
 and abolishing the death penalty.
CAPITAL OFFENSE OR AN OFFENSE PUNISHABLE
BY RECLUSION PERPETUA OR LIFE
IMPRISONMENT, NOT BAILABLE

• CONVICTION
- This refers to a conviction by the trial court, which has not become final, as the accused
still has the right to appeal. After conviction by the trial court, the accused convicted of a
capital offense is no longer entitled to bail, and can only be released when the conviction is
reversed by the appellate court. Section 13, Article III of the 1987 Constitution.
BURDEN OF PROOF IN BAIL APPLICATION

• PROSECUTION HAS BURDEN OF PROOF

- At the hearing of an application for bail filed by a person in custody for the commission of
an offense punishable by reclusion perpetua or life imprisonment, the prosecution has the
burden of showing that evidence of guilt is strong.

EVIDENCE OF GUILT in the Constitution and the Rules refers to a finding of innocence or
culpability, regardless of the modifying circumstances.
REGARDING MINORS CHARGED WITH A CAPITAL OFFENSE

- If the person charged with a capital offense, such as murder, admittedly a minor, which
would entitle him, if convicted, to a penalty next lower than that prescribed by law, he is
entitled to bail regardless of whether the evidence of guilt is strong. The reason for this is that
one who faces a probable death sentence has a particularly strong temptation to flee. This
reason does not hold where the accused has been established without objection to be a minor
who by law cannot be sentenced to death.

DUTY OF JUDGE TO CONDUCT HEARING

- Where the prosecution agrees with the accused’s application for bail or foregoes the
introduction of evidence, the court must nonetheless set the application for hearing. It is
mandatory for the judge to conduct a hearing and ask searching and clarificatory questions for
the purpose of determining the existence of strong evidence against the accused; and the order,
after such hearing, should make a finding that the evidence against the accused is strong.
WHERE BAIL IS FILED?

1. Maybe filed with the court where the case is pending; or

2. In the absence or unavailability of the judge thereof, with the

regional trial judge or any inferior court judge in the province,  city,
or municipality;
3. If the accused was arrested in a province, city, or municipality
other than the case is pending, bail may be filed with the RTC of the
said place or if no judge is available, with any inferior court judge
therein;
4. Where bail is a matter of discretion or the accused seeks to be
released on recognizance, it may only be filed in the court where the
case is pending, whether on trial or appeal;

5. Any person not yet charged in court may apply for bail with any
court in the province, city or municipality where he is held;
6. If the accused was convicted and the nature of the offense
changed from non-bailable to bailable, the application can be made
with and resolved by the appellate court.
RELEASE ON BAIL

Upon approval of the bail by the judge, the accused must be discharged.

An officer who fails or refuses to release him from detention

notwithstanding the approval by the proper court of his bail bond maybe
held liable under Art. 126 if the Revised Penal Code for delaying
release.
INCREASE OR REDUCTION OF BAIL

The Court may, upon good cause, either increase or reduce the amount
of the bail.

If the accused does not give the increased amount of bail within a
reasonable time will be committed to custody.

NOTE: Where the offense is bailable, the mere probability that the
accused will escape or if he had previously escaped while under custody, to increase the
amount of bail, provided the amount is not excessive.
(Sy Guan v. Amparo, 79 Phil 670)
FORFEITURE OF BAIL

1. When bail bond forfeited?

      - only in instances where the presence of the accused is
specifically required by the court or the Rules of Court and, despite
due notice to the bondsmen to produce him before the court on a
given date, the accused fails to appear in person as so required.
• 2. TO JUSTIFY EXEMPTION FROM LIABILITY ON A BAIL BOND OR
REDUCTION
   THEREOF, TWO REQUISITES MUST BE SATISFIED:
      - production or surrender of the person of the accused within
        30 days from notice of the order of the court to produce the
        body of the accused or giving reasons for its non-production.
      - satisfactory explanations for the non- appearance of the
        accused when first required by the trial court to appear.
           - Compliance with the first requisite without meeting the
             second requisite will not justify non-forfeiture of a
             bail bond or reduction of liability.
      - Failure to PRODUCE the body of the principal or give a reason
        for his non-production and EXPLAIN why the accused did not
        appear before the court when first required to do so, the
        court shall render a judgment against the bondsmen, jointly
        and severally for the amount of the bail.
      - The period of 30 days cannot be shortened by the court but
        may be extended for good cause shown.
ORDER OF FORFEITURE VS. ORDER OF
CONFISCATION

ORDER OF FORFEITURE - Conditional and interlocutory. It is not

appealable.

ORDER OF CONFISCATION - Not independent of the order of forfeiture.

It is a judgment ultimately determining the liability of the surety
thereunder and therefore final. Execution may issue at once.
CANCELLATION OF BAIL

1. Upon application of the bondsmen with due notice to the prosecutor, upon surrender of the
accused or proof of his death;
2. Upon acquittal of the accused;
3. Upon dismissal of the case; or
4. Execution of judgment of conviction.

  NOTE: The cancellation is without prejudice to any liability on the bail.

 ARREST OF ACCUSED OUT ON BAIL

The bondsmen who put the bail bond for the accused become the jailers and they or the police
officer to whom authority is endorsed may arrest the accused for the purpose of surrendering
him to the court. The accused cannot leave the country without the permission of the bondsmen
and the court.
HOLD DEPARTURE ORDERS
- Supreme Court Circular No. 39-97 dated June 19, 1997 limits the authority to issue hold
departure orders to the RTCs in criminal cases within their exclusive jurisdiction.
Consequently, MTC judges have no authority to issue hold-departure orders, following the
maxim, express mention implies the exclusion. Neither does he have authority to cancel one
which he issued.
NO BAIL AFTER FINAL JUDGMENT; EXCEPTION

GENERAL RULE
- No bail shall be allowed after the judgment has become final, as what is left is for him to serve the
sentence.

EXCEPTION
- When he has applied for probation before commencing to serve sentence, the penalty and the
offense being within the purview of the Probation Law. The application for probation must be filed
within the period of perfecting an appeal. Such filing operates as a waiver of the right to appeal.

EXCEPTION TO THE EXCEPTION

- The accused shall not be allowed to be released on bail after he has commenced serving his
sentence.
AN APPLICATION FOR ADMISSION TO BAIL
SHALL NOT  BAR THE ACCUSED FROM:
1. Challenging the validity of his arrest; or
2. The legality of the warrant issued, therefore; or
3. From assailing the regularity or questioning the absence of a preliminary investigation of the
charge against him.

Provided that the accused raises them before entering his plea.

The court shall observe the matter as early as practicable, but not later than the start of the trial
of the case.