CrimPro - Rule 114

Bail
What is 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.

1. nature of bail - not an order granting the temporary release of the

accused; it is a security (condition) for the temporary release of the
accused;
before conviction
*iba pa yung order granting the bail or the temporary release kesa dun sa
bail itself.
*if you want temporary release you must give security to make sure that
you will appear during trial>
*if not complied with the bail will be forfeited in favor of the government.
bail is not an order releasing the accuse but it is a security for the release
of the accused
*based on the right of the accused to be presumed innocent.
*Bail is simply a security to ensure the appearance of someone in court.
*Essence: Right to liberty

When is Bail Available?

Generally, since the bail is a condition, you must be deprived of liberty.
However, in certain circumstances, even you are not under the custody of
the law or deprived of liberty you may still required to post bail. Ex.
witness.

Bail does not necessary mean or have to be posted by the accused

himself. It may be done by a 3rd person like a bondsman.

What is important in bail is that there is someone who will secure the
performance that is to appear or attend in court.

Q Can any accused or person deprived of liberty post bail? Lahat yan
pwede. Nagkakatalo lang sa penalty. Depending on the penalty, bail can be

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 a matter of right or a matter of discretion.

*all person charge of a crime before conviction is entitled to bail

*however in cases where the imposable penalty is a capital offense (death)
, or an offense punishable by reclusion perpetua or life imprisonment and
the evidence of guilt is strong.. dun ka hindi entitled sa bail.

Limitations:
1. where the imposable penalty is a capital offense (death) , or an offense
punishable by reclusion perpetua or life imprisonment and the evidence of
guilt is strong
2. Amount of bail - excessive bail is not allowed. it is protected by the
constitution where excessive bail is not allowed. bakit? if you imposed
excessive bail it is as if you are depriving the accused of his right to bail
and if you are depriving the accused of his right to bail technically you are
also removing the constitutional right of the accused to be presumed
innocent.

Q Is it correct to say that bail is only available in criminal proceedings?

NO. the nature of bail is that you are temporary release because you are
deprived of liberty and you are entitled to your right to be presumed
innocent. As well as you are entitled to liberty.

Extradition Proceedings - proceedings wherein the government agency will

determine WON you will be extradited to a foreign country for prosecution
of a crime you committed in that foreign country.

*2 foreign state can enter into an agreement where 1 state will sent a
person called the extraditee in that foreign country to answer for the
crimes he has committed there. There is only specified crimes (not all
crimes).

the foreign country will file an extradition case then there will be an
extradition proceedings. During the pendency of the peeroceedings,
dadamputin yung extraditee then he will e detained.

-deprived of custody; witness may be bailed even not deprived of liberty

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 -can be posted by a corpo or bondsman not necessary the accused
-secure the appearance of the accused
-insurance: performance bond
-can any accused or person deprived of liberty request for bail? YES.
nature of the right of bail, it depends on the penalty because bail may be a
matter of right or matter of discretion.
- XPN penalty is death and the evidence of guilt is strong - not entitled
2 amount of bail (protected by the constitution) no excessive amount
all persons charged before conviction is subj to bail, is bail only avaible in
criminal proceedings? NO
under Bill of Rights, Essence: right to liberty and innocence
discussed in extradition proceedings: the govt agency will determine won
you will be extradited to a foreign country for a violation of a law in that
country.
agreement bet 2 states

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 💡 Government of HK vs. Olalia

Facts: Private respondent Muñoz was charged before Hong Kong

Court. Warrants of arrest were issued and by virtue of a final decree
the validity of the Order of Arrest was upheld. The petitioner Hong
Kong Administrative Region filed a petition for the extradition of the
private respondent. In the same case, a petition for bail was filed by
the private respondent.

The petition for bail was denied by reason that there was no
Philippine law granting the same in extradition cases and that the
respondent was a high “flight risk”. Private respondent filed a motion
for reconsideration and was granted by the respondent judge subject
to the following conditions:

1. Bail is set at Php750,000.00 in cash with the condition that

accused hereby undertakes that he will appear and answer the issues
raised in these proceedings and will at all times hold himself
amenable to orders and processes of this Court, will further appear
for judgment. If accused fails in this undertaking, the cash bond will
be forfeited in favor of the government;

2. Accused must surrender his valid passport to this Court;

3. The Department of Justice is given immediate notice and

discretion of filing its own motion for hold departure order before
this Court even in extradition proceeding; and

4. Accused is required to report to the government prosecutors

handling this case or if they so desire to the nearest office, at any
time and day of the week; and if they further desire, manifest before
this Court to require that all the assets of accused, real and personal,
be filed with this Court soonest, with the condition that if the
accused flees from his undertaking, said assets be forfeited in favor
of the government and that the corresponding lien/annotation be
noted therein accordingly.

Petitioner filed a motion to vacate the said order but was denied by

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 the respondent judge. Hence, this instant petition.

Issue: Whether or not a potential extraditee is entitled to post bail

Ruling: A potential extraditee is entitled to bail.

Petitioner alleged that the trial court committed grave abuse of

discretion amounting to lack or excess of jurisdiction in admitting
private respondent to bail; that there is nothing in the Constitution or
statutory law providing that a potential extraditee has a right to bail,
the right being limited solely to criminal proceedings.

On the other hand, private respondent maintained that the right to

bail guaranteed under the Bill of Rights extends to a prospective
extraditee; and that extradition is a harsh process resulting in a
prolonged deprivation of one’s liberty.

In this case, the Court reviewed what was held in Government of

United States of America v. Hon. Guillermo G. Purganan, Presiding
Judge, RTC of Manila, Branch 42, and Mark B. Jimenez, a.k.a. Mario
Batacan Crespo GR No. 153675 April 2007, that the constitutional
provision on bail does not apply to extradition proceedings, the
same being available only in criminal proceedings. The Court took
cognizance of the following trends in international law:

1 the growing importance of the individual person in public

international;

2 the higher value now being given to human rights;

3 the corresponding duty of countries to observe these universal

human rights in fulfilling their treaty obligations; and

4 the duty of this Court to balance the rights of the individual
under our fundamental law, on one hand, and the law on extradition,
on the other.

In light of the recent developments in international law, where

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 emphasis is given to the worth of the individual and the sanctity of
human rights, the Court departed from the ruling in Purganan, and
held that an extraditee may be allowed to post bail.

*if the crime committed by the accused is part of the treaty to be

entitled to bail.
*UDHR - right to liberty. He is detained therefore he should be
entitled to bail. SInce bail is granted to the accused is charge of a
crime more so that it should be granted to someone who does not
commit a crime.
*govt of HK v Olalia - bail case, even though he is detained in an
extradition proceeding is entitled to a bail bec of several treaties
honoring the right to liberty. Universal declarations of human rights.
the accused did not violate the laws in the philippines more so the
bail shall be applicable to him.

generally, the court must have acquired jurisdiction over the person of the
accused before bail can be process.
*how jurisdiction is acquired: Arrest and voluntary surrender

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 💡 Santiago vs Vasquez

Facts: Miriam Defensor-Santiago was charged with violation of

Section 3(e), Republic Act No. 3019, otherwise known as the Anti-
Graft and Corrupt Practices Act before the Sandiganbayan. An order
of arrest was issued against her with bail for her release fixed at
P15,000.00. She filed an "Urgent Ex-parte Motion for Acceptance of
Cash Bail Bond". The Sandiganbayan issued a resolution authorizing
the Santiago to post cash bond which the later filed in the amount of
P15,000.00. Her arraignment was set, but she asked for the
cancellation of her bail bond and that she be allowed provisional
release on recognizance. The Sandiganbayan deferred the
arraignment. Meanwhile, it issued a hold departure order against
Santiago by reason of the announcement she made, which was
widely publicized in both print and broadcast media, that she would
be leaving for the U.S. to accept a fellowship at Harvard University.
She directly filed a "Motion to Restrain the Sandiganbayan from
Enforcing its Hold Departure Order with Prayer for the Issuance of a
Temporary Restraining Order and/or Preliminary Injunction" with the
SC. She argued that the Sandiganbayan acted without or in excess
of jurisdiction and with grave abuse of discretion in issuing the hold
departure order considering that it had not acquired jurisdiction over
her person as she has neither been arrested nor has she voluntarily
surrendered. The hold departure order was also issued sua sponte
without notice and hearing. She likewise argued that the hold
departure order violates her right to due process, right to travel and
freedom of speech.

Issues: Has the Sandiganbayan acquired jurisdiction over the person

of Santiago?

Held: How the court acquires jurisdiction over the person of the
accused.

It has been held that where after the filing of the complaint or
information a warrant for the arrest of the accused is issued by the
trial court and the accused either voluntarily submitted himself to the
court or was duly arrested, the court therebyacquires jurisdiction

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 over the person of the accused. The voluntary appearance of the
accused, whereby the court acquires jurisdiction over his person, is
accomplished either by his pleading to the merits (such as by filing a
motion to quash or other pleadings requiring the exercise of the
court's jurisdiction thereover, appearing for arraignment, entering
trial) or by filing bail. On the matter of bail, since the same isintended
to obtain the provisional liberty of the accused, as a rule the same
cannot be posted before custody of the accused has been acquired
by the judicial authorities either by his arrest or voluntary surrender.

Santiago is deemed to have voluntarily submitted herself to the

jurisdiction of respondent court upon the filing of her "Urgent Ex-
parte Motion for Acceptance of Cash Bail Bond" wherein she
expressly sought leave "that she be considered as having placed
herself under the jurisdiction of (the Sandiganbayan) for purposes of
the required trial and other proceedings," and categorically prayed
"that the bail bond she is posting in the amount of P15,000.00 be
duly accepted" and that by said motion "she be considered as having
placed herself under the custody" of said court. Santiago cannot
now be heard to claim otherwise for, by her own representations, she
is effectively estopped from asserting the contrary after she had
earlier recognized the jurisdiction of the court and caused it to
exercise that jurisdiction over the aforestated pleadings she filed
therein.

*there must be showing that there is an intent on the part of the

accused to submit to the jurisdiction of the court.

Q Can you post bail even though you are not yet charged of the commission
of the crime? No information yet. warrantless arrest, nakulong ka.

A yes you can file bail because the essence of bail is the deprivation of liberty
and not the fact that he committed the crime.

Q Kinds of Bail?
A 1. Corporate Surety - there is a surety corporation Corporate Bond) not all
corpo can post a bond only the surety company ( possessed qualifications)
2. Property bond - if real proper, you must annotate in the title.

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 3. Cash Deposit - you must deposit the whole amount
4. Recognizance - sinasabi mo lang "Sir i will make sure that he will appear"
that you will be responsible for the appearance of the accused. Not applicable
in all cases.

Q Distinguish Corporate surety vs cash. When will it be more advantageous?

A In corporate security whatever premium you paid, it is non refundable while
in Cash deposit the moment the case is terminated, bail will be cancelled and
the money will be returned.

Q a company (car dealer) process as bond, issued surety bond, if you were
the judge will you grant it or not?
A NO. because not all corporations can post a surety bond. Kailangan surety
company. they must be licensed for the commission.

*When you post bail after the judgment has become final, DENIED na yon. The
Court shall order the arrest of the accused because he is already convicted.
Final and executory na.

*however, even if the judgment has already been rendered, bail can be availed
provided the judgment is not yet final and executory. Even on appeal basta
hindi final and executory.

*the fact na nakakulong na sya and nagseserve na ng sentence, no bail

available. The judgment is final and executory.

Q When bail is a matter of right - the judge has no other option but to grant it.
In cases he denies, the remedy will be to file petition for mandamus

When bail is a matter of discretion - your remedy will be to file a petition for
certiorari.

generally, the court must have acquired jurisdiction over your person
before bail can be process.
XPN defensor-santiago case:

Can u file bail even wala pang information filed? YES, because the essence
of bail is the deprivation of liberty and not the commission of the crime
How will you post bail? what are the kinds?

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 4 kinds/modes:
1. corporate surety - 3rd person or corpo. a surety corpo. (corporate
bond) not all corpo can post a bond only the surety company ( possessed
qualifications)
2. property bond - annotate in the title,
3. cash deposit
corpo surety vs cash
CD bail is 100k, refundable
Corpo Surety, pay premiums, non refundable
4. recognizance - a 3rd person will be responsible for the appearance of
the accused, only available in limited cases

when denied? after the judgeent has been final (tapos n yung appeal) the
court will order the arrest of the accused. convicted na final and executory

even after judgement provided hinda pa finala and executory even on

appeal
not serve of setence

When discretionary?

A matter of right - the judge will have no other option but to grant it;
remedy: petition for mandamus. ministerial duty ni judge.

where to file the bail?

court where the case is pending. if the judge is on leave, in any court. In
practice to the EJ.
-warrantless arrest, court where you are arrested. check the hierarchy.
unlike with pending case.
-arrested in cebu but filed in manila. file bail in cebu where you are
arrested

when the obligation ceased:

forfeiture or cancellation

forfeiture of bond- when u failed to comply with the obligation. forfeiture not
automatic. violation of
cancellation of bond - cancelling the obligation as provided in the security -
appearance of the accused. when u are no longer obligated to present the
accused either automatic( motion) the case has been terminated or by
application or by motion there is a possibility that the court has no notice of
such fact. ex. death, surrender the accused,

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 application for bail - not considered voluntary appearance, based on Bill of
rights of the accused, otherwise the accused will be in the situation

ex of voluntary appearance - filing of motion

rule 115 - 116

Meaning, nature and purpose of bail Bar 1998 1. Under the Rules of Court,
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 certain specified conditions Sec. 1, Rule 114, Rules of
Court). It is the security given for the temporary release of a person who has
been arrested but whose guilt has not yet been proven in court beyond
reasonable doubt People v. Escobar, G.R. No. 214300, July 26, 2017. 2. Bail is
not granted to prevent the accused from committing additional crimes. The
purpose of bail is to guarantee the appearance of the accused at the trial
Enrile v. Sandiganbayan Third Division], G.R. No. 213847, August 18, 2015. 3.
Since bail is the security for the release of a person under custody of the la
Sec. 1, Rule 114, Rules of Court), it is evident that it is not mended to cover the
civil liability of the accused in the same criminal case. The money deposited as
bail may, however, 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, Rules of Court). 4. The question of granting bail to
the accused is but an aspect of the criminal action, preventing him or her from
eluding punishment in the event of conviction. The grant of bail or its denial ha
n impact on the civil liability of the

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