Bail; Application; Venue (2002)

If an information was filed in the RTC-Manila charging D with homicide and he was arrested in Quezon City,
in what court or courts may he apply for bail? Explain. (3%)

SUGGESTED ANSWER:
D may apply for bail in the RTC-Manila where the information was filed or in the RTC-Quezon City where he
was arrested, or if no judge, thereof is available, with any metropolitan trial judge, municipal trial judge or
municipal circuit trial judge therein. (Rule 114, sec. 17). Section 17. Bail,  where filed.

Bail; Forms of Bail (1999)

In what forms may bail be given? (2%)

SUGGESTED ANSWER:
Bail may be given by a corporate surety, or through a property bond, cash deposit or recognizance.

Bail; Matter of Right (1999)

When the accused is entitled as a matter of right to bail, may the Court refuse to grant him bail on the
ground that there exists a high degree of probability that he will abscond or escape? Explain. (2%)

SUGGESTED ANSWER:
If bail is a matter of right, it cannot be denied on the ground that there exists a high degree of probability that
the accused will abscond or escape. What the court can do is to increase the amount of the bail. One of the
guidelines that the judge may use in fixing a reasonable amount of bail is the probability of the accused
appearing in trial.

 Rule 114 Section 9 Amount of bail;  guidelines. — The judge who issued the warrant or granted the
application shall fix a reasonable amount of bail considering primarily, but not limited to

(g) Probability of the accused appearing at the trial;

Bail; Matter of Right vs. Matter of Discretion (1999)

When is bail a matter of right and when is it a matter of discretion? (2%)

SUGGESTED ANSWER:
When Bail is a matter of right:
All persons in custody shall (a) before or after conviction by the metropolitan and municipal trial courts, and (b)
before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment, be
admitted to bail as a matter of right, with sufficient sureties, or be released on recognizance as prescribed by law
or Rule 114. (Sec. 4, Rule 114, Rules of Court, as amended by Circular No. 12-94.)

When bail is a matter of discretion:

Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment, on
application of the accused. If the penalty of imprisonment exceeds six years but not more than 20 years, bail
shall be denied upon a showing by the prosecution, with notice to the accused, of the following or other similar
circumstances:

1.) That the accused is a recidivist, quasi-re-cidivist or habitual delinquent, or has committed the crime
aggravated by the circumstance of reiteration;
2.) That the accused is found to have previously escaped from legal confinement, evaded sentence, or
has violated the conditions of his bail without valid justification;
3.) That the accused committed the offense while on probation, parole, or under conditional pardon;
4.) That the circumstances of the accused or his case indicate the probability of flight if released on bail; or
5.) That there is undue risk that during the pendency of the appeal, the accused may commit another crime.
(Sec. 1, Id.)