Rule 114 - Bail

VLMR Riano Crimpro Notes

RULE 114 - BAIL
since he would be entitled to acquittal after trial
unless his guilt is established beyond reasonable
Section 1 states that - doubt

Bail is the security given for the release of a

person in custody of the law, furnished by Likewise, the presumption of innocence is rooted in
him or a bondsman, to guarantee his the guarantee of due process

appearance before any court as required

under the conditions hereinafter speci ed.
Bail may be given in the form of a corporate
surety, property bond, cash deposit, or
recognizance
Note: Bail for the provisional liberty of the accused,
regardless of the crime charged, should be allowed
independently of the merits of the charge,
provided his continued incarceration is clearly shown
to be injurious to his health or to endanger his life

MEANING, NATURE, AND PURPOSE OF BAIL

Bail -
Fundamental tenets on bail (under the Constitution)
The security given for the release of a person in -

custody of the law, furnished by him or a bondsman, (1) General Rule: All persons charged, before their
to guarantee his appearance before any court as conviction for a criminal o ense, shall be entitled
required under certain speci ed conditions to bail

(2) The suspension of the privilege of the writ of

It is not granted to prevent the accused from habeas corpus does not impair the right to bail

committing additional crimes.

(3) Excessive bail is not required

It is also not intended to cover the civil liability of the Rule: A person shall, before conviction, be accorded
accused in the same criminal case
the right to bail unless he is charged with a capital
The money deposited as bail may, however, o ense or an o ense punishable by reclusion
be applied to the payment of nes and costs; perpetua or life imprisonment and the evidence of
while the excess shall be returned to the guilt is strong

accused or to whoever made the deposit

The grant or denial of bail - to a person charged with

Purpose - an o ense punishable by at least reclusion perpetual
(1) To relieve and accused from the rigors of or life imprisonment - is made dependent on whether
imprisonment until his conviction and yet secure or not the evidence of guilt is strong

his appearance at trial guarantee the appearance

of the accused at trial;
Test: Whether or not the evidence shows evident
(2) To enable the accused to prepare his defense guilt or a great presumption of guilt

without being subject to punishment prior to

conviction
The right to bail merely requires that the evidence of
(3) To honor the presumption of innocence until his guilt is strong

guilt is proven beyond reasonable doubt

In o enses punishable by reclusion perpetua, the

CONSTITUTIONAL BASIS OF THE RIGHT TO BAIL
accused has no right to bail when the evidence of
The right to bail is a constitutional right under Art III guilt is strong

Section 13 of the 1987 Constitution -

All persons, except those charged with In Enrile v. Sandiganbayan, the Court ruled that -

o enses punishable by reclusion perpetual The amount of bail should be high enough to assure
when evidence of guilt is strong, shall, before the presence of the accused when so required but it
conviction, be bailable by su cient sureties, should be no higher than is reasonably calculated to
or be released on recognizance as may be ful ll this purpose

provided by law. The right to bail shall not be

impaired even when the privilege of the writ Thus, where the right to bail exists, it should not be
of habeas corpus is suspended. Excessive rendered nugatory by requiring a sum that is
bail shall not be required excessive; otherwise, the right to bail becomes
meaningless

The right to bail springs from the presumption of

innocence accorded every accused upon whom
should not be in icted incarceration at the outset
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 Rule 114 - Bail
VLMR Riano Crimpro Notes
BAIL IN THE MILITARY
Thus, the applicant bears the burden of
The right to bail has not been recognized and is not proving the 2-tiered requirements with
available in the military, as an exception to the clarity

general rule in the Bill of Rights

Extradition is basically an executive responsibility

Reasons -
arising from the presidential power to conduct
The unique structure of the military should be enough foreign relations

re a s o n t o e x e m p t t h e m i l i t a r y f ro m t h e Thus, any intrusion by the courts should be

constitutional coverage on the right to bail characterized with caution

Danger to security as they are allowed by the PURGANAN CASE RE-EXAMINED

government to the duciary use of rearms

In Gov’t of HK Special Administrative Region v. Olalia,
Jr., the Court ruled that -

Dangerous as military o cers may use their in uence The issue of whether or not bail applies to extradition
to their fellow comrade in order to overthrow the cases should be viewed in the light of the modern
government
trend in the international law placing primacy on the
worth of the individual person and the sanctity of
BAIL IN EXTRADITION PROCEEDINGS
human rights

General Rule: Right to bail is available only to

criminal proceedings
Such trends are the following:

- The growing importance of the individual person in

In Gov’t of the USA v. Purganan, the Court ruled -
public international law who, in the 20th century,
The use of the word conviction suggests that bail ha gradually attained global recognition

applies only when a person is arrested and detained - The higher value now being given to human rights
for violation of PH criminal laws
in the international sphere

It does not apply to extradition proceedings - The corresponding duty of countries to observe
because extradition courts do not render these universal human rights in ful lling their treaty
judgments of conviction or acquittal obligations

- The duty of the Court to balance the rights of the

This is because in extradition cases, the individual under our fundamental law, on one hand,
presumption of innocence is not an issue
and the law on extradition, on the other

Extradition proceedings are not criminal in The Philippines is committed to uphold fundamental
nature but sui generis, a class in itself. Since human rights as well as value the word and dignity of
it is not a criminal proceeding, it will not call every person

into operation all the rights of an accused It has the responsibility of promoting the right
under the BoR and does not involve a of every person to liberty and due process
determination of guilt or innocence
ensuring that those detained can participate
in the proceedings before a court and to
EXCEPTION TO THE “NO BAIL RULE” IN make available to every person under
EXTRADITION PROCEEDINGS
detention such remedies which safeguard
After a potential extradited has been arrested or their fundamental right to liberty

placed under the custody of the law, bail may be

applied for and granted as an exception only upon These remedies include the right to be
a clear and convincing showing that -
admitted to bail

(1) Once granted bail, the applicant will not be a

ight risk or a danger to the community; and
The Court further reasoned that -

(2) That there exist special, humanitarian and If bail can be granted in deportation cases, it
compelling circumstances in the requesting state sees no justi cation why it should not be
when it grants provisional liberty in extradition allowed in extradition cases

cases

Considering that the UDHR applies to

Basis: This exception is derived essentially from deportation cases, there is no reason why it
general principles of justice and fairness
cannot be invoked in extradition cases
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 Rule 114 - Bail
VLMR Riano Crimpro Notes
The right of a probative extradited to apply for bail Rationale: To secure one’s release and it would be
must be viewed in the light of various treaty incongruous to grant bail to one who is free; To
obligations concerning respect for the promotions discourage and prevent practice where the accused
and protection of human rights
could just send another in his stead to post his bail
Under these treaties, the presumption lies in without recognizing the jurisdiction of the court by his
favor of human liberty; thus, the PH should personal appearance

see to it that the right to liberty of every

individual is not impaired
Custody of law is required before the court can
act on an application for bail -
Note: An extradition, though not a criminal … but it is not required for the adjudication of other
proceeding by its nature, still entails a deprivation of reliefs sought by the defendant

liberty and the means employed to attain the purpose

of extraction is also a machinery of criminal law
The mere application of bail is a waiver of the
defense of lack of jurisdiction over the person of
BAIL IN DEPORTATION PROCEEDINGS
the accused

B a i l i n d e p o r t a t i o n p ro c e e d i n g s i s w h o l l y
discretionary. It is not allowed since they do not Being in the custody of law signi es restraint on the
constitute a criminal action
person. It is literally custody over the body of the
accused
WHO FURNISHES BAIL
It includes but is not limited to detention

The bail may be furnished by:

(1) The bail applicant himself

However, an accused who is con ned in a hospital,
(2) A bondsman
may be deemed to be in custody of the law if he
clearly communicates his submission to the court
OBLIGATION AND RIGHT OF THE BONDSMAN; while con ned in a hospital

ARREST WITHOUT A WARRANT

The bondsman shall surrender the accused to the
PERSON IN CUSTODY JURISDICTION OVER
court for execution of the nal judgment

OF LAW THE PERSON

For purposes of surrendering the accused, the When required
bondsman may arrest him or upon written authority
endorsed on a certi ed copy of the undertaking, Required for the
cause him to be arrested by a police o cer or any Required before the court adjudication of reliefs other
other person of suitable age and discretion
can act upon the bail than bail sought by the
defendant
The authority of the bondsman to arrest the
Concept
accused springs from the principle that once the
obligation of bail is assumed, the bondsman or surety One can be under the
becomes the jailer of the accused and is subrogated One can be subject to the
custody of the law but not
to all the rights and means which the government jurisdiction of the court
yet subject to the
possesses to make his control over him e ective
over his person and yet not
jurisdiction of the court
be in the custody of the
over his person -

law - Such as when the

APPLICANT FOR BAIL MUST BE IN CUSTODY
Such as when a person is
accused escapes custody
Bail cannot be availed of by someone outside the arrested by virtue of a
after he entered his plea
custody of the law
warrant and the accused
and his trial has already
A person is in the custody of law when he les a motion to quash the
commenced
warrant before arraignment
has either been arrested or otherwise
deprived of his freedom when he has Form of custody
voluntarily submitted himself to the
jurisdiction of the court

As bail is intended to obtain or secure one’s

provisional liberty, the same cannot be posted
before custody over him is acquired either by:

- His lawful arrest

- His voluntary surrender

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 Rule 114 - Bail
VLMR Riano Crimpro Notes
As long as the accused
has been arrested or has
surrendered and thereafter
To condition the grant of bail on his arraignment
would be to place him in a position where has to
choose between:

Literally custody over the entered plea, even if he - Filing a motion to quash and delay his release until
body of the accused subsequently ees, the his motion can be resolved because prior to its
court still has jurisdiction resolution, he cannot be arraigned; and

over the person of the - Foregoing the ling of a motion to quash so that he
accused can be arraigned at once and thereafter be
released on bail

BAIL TO GUARANTEE APPEARANCE OF

WITNESSES
These scenarios would undermine the accused’s
Bail is also applicable to a material witness. While constitutional right not to be put on trial except upon
the rule is that bail does not apply to a person who is a valid complaint or information su cient to charge
in custody of the law, bail to secure the appearance him with a crime and his right to bail

of a material witness does not require prior custody

of the law
The trial court could ensure the presence of the
It is only when he refuses to post bail shall he accused at the arraignment precisely by granting bail
be committed to prison
and ordering his presence at any stage of the
proceedings

Bail may also be required of witnesses when there is

a substitution of a criminal information
DURATION OF THE BAIL

Rule: Bail shall be e ective upon approval and shall

BAIL FOR THOSE NOT YET CHARGED
remain in force at all stages of the case until
What entitles a person to bail is his being under the promulgation of judgment of the RTC unless
custody of the law
cancelled
Hence, any person in custody who is not This is irrespective of whether the case was
yet charged in court may apply for bail with originally led in or appealed to it

any court in the province, city or municipality

where he is held
The bail bond posted by the accused can only be
used during the 15 day period to appeal and not
A person deprived of his liberty by virtue of his arrest during the entire period of appeal

or voluntary surrender may apply for bail as soon as For the accused to continue his provisional
he is deprived of his liberty even before a complaint liberty on the same bail bond, consent of the
or information is led against him bondsman is necessary

EFFECT OF FAILURE TO APPEAR AT TRIAL

Section 2 states that -
The failure of the accused to appear at the trial All kinds of bail are subject to the following
without justi cation despite due notice shall be conditions:
deemed a waiver of his right to be present and trial (a) The undertaking shall be e ective upon
may proceed in absentia
approval and unless cancelled, shall
remain in force at all stages of the case
COURT CANNOT REQUIRE ARRAIGNMENT until promulgation of the judgment of the
BEFORE THE GRANT OF BAIL
RTC, irrespective of whether the case
In Lavides v. CA, the Court ruled that -
was originally led in or appeal to it
The grant of bail should not be conditioned upon (b) The accused shall appear before the
the prior arraignment of the accused
proper court whenever required by the
court or these Rules
In cases where bail is authorized, it should be (c) The failure of the accused to appear at
granted before arraignment; otherwise, the the trial without justi cation and despite
accused will be precluded from ling a motion to due notice shall be deemed a waiver of
quash which is to be done before arraignment
his right to be present thereat. In such
case, the trial may proceed in absentia;
Reasons - and
The Court explained that -
(d) The bondsman shall surrender the
accused to the court for execution of the
nal judgment
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 Rule 114 - Bail
VLMR Riano Crimpro Notes
Section 4 states that -
The original papers shall state the full name
and address of the accused, the amount of
the under taking and the conditions required
by this section. Photographs (passport size)
taken within the last 6 months showing the
face, left and right pro les of the accused
must be attached to the bail
The surety’s liability covers all these 3 stages -
1. Appearance of the accused at the trial
All persons in custody shall be admitted to
bail as a matter of right, with su cient
sureties, or released on recognizance as
prescribed by law or this Rule:
(a) Before or after conviction by the MeTC,
MTC, MTCC, MCTC; and
(b) Before conviction by the RTC of an
o ense not punishable by death,
reclusion perpetua, or life imprisonment

2. Appearance during the promulgation of judgment

WHEN BAIL IS A MATTER OF RIGHT

3. Service by the accused of the sentence imposed It is a matter of right:

upon him
(1) Before conviction by the inferior courts

(2) After conviction by the inferior courts

If the accused presents his notice of appeal - (3) Before conviction by the RTC of an o ense not
The trial court will order the accused to be taken into punishable by RP or life imprisonment

custody in the absence of a new bail bond on (4) Before conviction by the RTC when the
appeal approved by the court
imposable penalty is RP or life imprisonment and
evidence of guilt is not strong

If the accused does not appeal -

The bondsman must produce the accused on the General Rule: All persons in custody shall be
15th day from the promulgation of sentence
admitted to bail as a matter of right

The bail bond that the accused previously posted Thus, all criminal cases within the competence of the
can only be used during the 15 day period to appeal MeTC, MTC, MCTC, and MTCC are bailable as a
and not during the entire period of appeal
matter of right

Reason: These courts have no jurisdiction to

Note: The trial court may impose other conditions in try cases punishable by death, RP or life
granting bail where the likelihood of the accused imprisonment
jumping bail or of committing other harm is feared

However, the court may not impose Likewise, bail is a matter of right prior to conviction
additional obligations to the bondsman by the RTC for any o ense not punishable by death,
other than those provided for by law
RP, or life imprisonment

EFFECT OF FILING A FAKE BAIL BOND

NOTICE OF HEARING REQUIRED

An appellant is deemed to have escaped from
con nement during the pendency of his appeal and
in the normal course of things, his appeal should be
dismissed
Section 3 states that -
No person under detention by legal process
Whether bail is a matter of right or of discretion,
notice of hearing is required to be given to the
prosecutor to at least he must be asked for his
recommendation because -
In xing the amount of the bail, the judge is
required to take into account a number of
factors

shall be released or transferred except upon

order of the court or when he is admitted to Hearing is not required if:

bail - Bail is recommended by the prosecutor; and

- It is a matter of right

RELEASE OR TRANSFER OF PERSON IN

CUSTODY ACCUSED WHO ABSCONDED AFTER POSTING
General Rule: No person under detention by legal BAIL (AS A MATTER OF RIGHT) DOES NOT LOSE
process shall be released or transferred
HIS RIGHT TO BAIL

When an accused posted bail as a matter of right and

Exception:
absconded and then was re-arrested, his bail will be
- Upon order of the court
forfeited

- When he is admitted to bail

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 Rule 114 - Bail
VLMR Riano Crimpro Notes
However, he can still le for another bail violated the conditions of his bail without
because the court cannot deny bail when it is valid justi cation
a matter of right
(c) That he committed the o ense while
under probation, parole, or conditional
REMEDY WHEN BAIL IS DENIED
pardon
File a petition for certiorari if the trial court (d) That the circumstances of his case
committed GADALEJ in issuing the order
indicate the probability of ight if released
on bail
File a petition for mandamus to compel the grant of (e) That there is undue risk that he may
bail which is a matter of right
commit another crime during the
Reason: When bail is a matter of right, the pendency of the appeal
court is left with no discretion but to grant
the same
The appellate court may, motu proprio or on
motion of any party, review the resolution of
The probability that the accused will escape or not the RTC after notice to the adverse party in
appear in trial is not a ground for denial of the right to either case
bail

However, it is a reason for the court to WHEN BAIL IS A MATTER OF DISCRETION

increase the bail bond to assure his - When the accused has been convicted in the RTC
appearance of an o ense not punishable by RP or life
imprisonment

Section 5 states that -

Upon conviction by the RTC of an o ense not Since the grant of bail is discretionary, a hearing must
punishable by death, reclusion perpetua, or be conducted where the prosecution must be noti ed
life imprisonment, admission to bail is to require him to submit his recommendation

discretionary. The application for bail may be This notice of hearing applies in all cases
led and acted upon by the trial court despite whether bail is a matter of right or a matter of
the ling of a notice of appeal, provided it has discretion

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 o ense from non-bailable to bailable,
Note that if the penalty imposed (after conviction) is
RP or life imprisonment, bail must be denied
because this means that evidence of his guilt is
strong and more importantly, his guilt has already
been established beyond reasonable doubt

the application for bail can only be led with

and resolved by the appellate court It is also a misconception that when an accused is
charged with murder, he is not entitled to bail. Here,
Should the court grant the application, the the grant of bail is discretionary on the part of the trial
accused may be allowed to continue on court

provisional liberty during the pendency of the In other words, the accused is still entitled to
appeal under the same bail subject to the bail but no longer as a matter of right

consent of the bondsman

It is discretionary and calls for a judicial
If the penalty imposed by the trial court is determination that evidence of guilt is not
imprisonment exceeding 6 years, the strong in order to grant bail

accused shall be denied bail or his bail shall

be cancelled upon a showing by the Note that the discretion of the court may be
prosecution, with notice to the accused, of exercised only after hearing is called to ascertain
the following or other similar circumstances: the degree of the guilt of the accused

(a) That he is a recidivist, quasi-recidivist, or

habitual delinquent, or has committed the
crime aggravated by the circumstance of
reiteration
(b) The he has previously escaped from legal
con nement, evaded sentence, or
Note: In order to grant bail as a matter of discretion,
there must be no nal judgment yet - the accused
should appeal the conviction of the RTC
Upon conviction of the RTC, bail posted as a
matter of right loses its force and the
accused must be le a new petition for bail

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 Rule 114 - Bail
VLMR Riano Crimpro Notes
WHERE APPLICATION FOR BAIL IS TO BE FILED 4. After conviction by RTC imposing a penalty of
AFTER CONVICTION BY THE RTC
imprisonment exceeding 6 years but not more
(1) If the trial court has not yet transmitted the original than 20 years and any of the enumerated
record to the appellate court - circumstances are present and proved

The application for bail may be led an acted upon 5. Judgment is nal and executory unless the
by the trial court even if a notice of appeal has accused applied for probation before
already been led
commencing to serve sentence of penalty and
o ense within purview of the probation law

(2) If the original record has already been transmitted

to the appellate court - BAIL PENDING APPEAL WHERE PENALTY
The application shall be led with the said appellate IMPOSED EXCEEDS 6 YEARS

court
Here, the discretionary nature of the grant of bail
pending appeal does not mean that bail should be
(3) If the decision of the RTC convicting the accused automatically granted absent any of the
changed the nature of the o ense from non- circumstances mentioned in Section (3)

bailable to bailable -
The application for bail can only be led with an This paragraph applies to 2 scenarios where he
resolved by the appellate court
penalty imposed on the appellant applying for bail is
imprisonment exceeding 6 years:

If the application for bail is granted, the accused (1) Circumstances enumerated in Section 5 (3) not
may be allowed to continue on provisional liberty being present

during the pendency of the appeal under the same Bail is a matter of sound judicial discretion
bail subject to the consent of the bondsman
such that -

Reason behind bondsman’s consent: Under If none of the circumstances mentioned is

Section 2(a) Rule 114, the undertaking shall present, the appellate court has the
be e ective xxx until promulgation of discretion to grant or deny bail

judgment of the RTC xxx

This means that a nding that none of the
W H E N A P P L I C AT I O N F O R B A I L A F T E R mentioned circumstances are present will not
CONVICTION BY THE RTC WILL BE DENIED
automatically result in the grant of bail

If the penalty imposed is RP or life imprisonment, bail It will simply authorize the court to
should be denied since the conviction indicates use the less stringent sound
strong evidence of guilt based on proof beyond discretion approach

reasonable doubt
(2) The existence of at least one of the said
circumstances

If the penalty imposed is imprisonment exceeding 6 The appellate court exercises a mere
years, bail should be denied if the prosecution stringent discretion -

shows the circumstances mentioned in Section 5 (3)

To carefully ascertain whether any of the
enumerated circumstances in fact exists

Note that the court is not authorized to deny or

cancel bail ex parts. The rule requires notice to the If it so determines, it has no other choice
accused
except to deny or revoke the bail pending
The resolution of the RTC denying or appeal

cancelling bail may be reviewed by the

appellate court motu proprio or on motion of Section 6 states that -
any party after notice to the adverse party in A capital o ense is an o ense which, under
either case
the law existing at the time of its commission

and of the application for admission to bail,
Bail will not be granted - may be punished with death
1. Before conviction by the RTC when accused is
charged with an o ense punishable by RP or life Section 7 states that -
imprisonment and evidence of guilt is strong
No person charged with a capital o ense, or
2. After conviction by RTC when penalty imposed an o ense punishable by RP or life
is RP or life imprisonment
imprisonment, shall be admitted to bail when
3. Court Martial cases
evidence of guilt is strong, regardless of the
stage of the criminal prosecution

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 Rule 114 - Bail
VLMR Riano Crimpro Notes
CAPITAL OFFENSES
Presumption great -
Capital O ense -
Exists when the circumstances testi ed to are such
An o ense which, under the law existing at the time that the inference of guilt naturally to be draw
of its commission and of the application for therefrom is strong, clear, and convincing to an
admission to bail, may be punished with death
unbiased judgment and excludes all reasonable
probability of any other conclusion

The capital nature of an o ense is determined by the

penalty prescribed by law and not penalty imposed Section 8 states that -
by the Courts
At the hearing of an application for bail led
by a person who is in custody for the
General Rule: Capital o ense or those punishable by commission of an o ense punishable by
RP or life imprisonment are not bailable when death, RP, or life imprisonment, the
evidence of guilt is strong
prosecution has the burden of showing that
the evidence of guilt is strong. The evidence
Exception: If the accused charged with a capital presented during the bail hearing shall be
o ense is a minor (RA 9344 - memaid)
considered automatically reproduced at the
trial but, upon motion of either party, the
RA 9346 -
court may recall any witness for additional
The imposition of death penalty is now prohibited
examination unless the latter is dead, outside
the PH, or otherwise unable to testify
It provides that in lieu of the DP, the following shall be
imposed:
HEARING OF APPLICATION FOR BAIL IN
- RP when the law violated makes use of the OFFENSES PUNISHABLE BY RP OR LIFE
nomenclature of the RPC
IMPRISONMENT; BURDEN OF PROOF IN BAIL
- Life imprisonment when the law violated does not APPLICATION

make use of the nomenclature of the penalties of A hearing on the application for bail is to be
the RPC
conducted when -

A person is in custody for the commission of

EFFECT OF RA 9346 ON THE GRADUATION OF an o ense punishable by RP or life
PENALTIES
imprisonment

The Court found that RA 9346 unequivocally bars the

application of the death penalty and expressly In the hearing, the prosecution has the burden of
repeals all statutory provisions requiring the proof in showing that evidence of guilt is strong

application of the death penalty

The hearing shall be summary

However, RA 9346 did not correspondingly
declassify those previously catalogued as heinous
Rule: It is a mandatory duty to conduct a hearing
The amendatory e ects of RA 9347 extend even if the prosecution chooses to le a comment or
only to the application of the death penalty leave the application for bail to the discretion of the
but not to the de nition or classi cation of court; the same is true even if no petition for bail is
crimes
led and even if the public prosecutor recommended
bail for the accused
TEST TO DETERMINE IF EVIDENCE OF GUILT IS
STRONG
RULES WHEN BAIL APPLICATION IS FILED

Whether the evidence establishes or shows evident 1. Bail may be granted only after motion for that
guilt or a great presumption of guilt
purpose has been led. It may not be granted
motu proprio

Proof evident or evident proof - 2. If the prosecution refuses to adduce evidence, it

This means clear, strong evidence which leads a is still mandatory for the court to conduct a
well-guarded dispassionate judgment to the hearing

conclusion that the o ense has been committed as 3. The decision must contain a complete summary
charged, that accused is the guilty agent and that he of evidence of the prosecution

will probably be punished capitally if the law is 4. Failure to allege summary of evidence in the
administered
written order of bail shall render the order void

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Rule 114 - Bail
VLMR Riano Crimpro Notes
HEARING TO DETERMINE PROBABLE CAUSE IS 2. At the hearing, the prosecution shall present its
NOT THE SAME AS THE HEARING FOR BAIL
witnesses with the option of examining them on
In an initial hearing to determine PC, the judge direct or adopting the a davits they executed
ascertains whether or not there is su cient ground to during the PI as their direct testimonies

engender a well-founded belief that a crime has been 3. The court shall examine the witnesses to
committed and that the accused is probably guilty of ascertain if the evidence of the guilt of the
the crime
accused is strong

This takes place prior to all proceedings

The court’s questions need not follow any
particular order

It is only after this proceeding that the court court

can entertain a petition for bail where a subsequent The court shall then allow counsels from both
hearing is conducted to determine if the evidence of sides to examine the witnesses as well

guilt is strong or not

The court shall then hear the oral arguments
DUTIES OF THE TRIAL JUDGE IN A PETITION of the parties on whether or not the evidence
FOR BAIL IN OFFENSES PUNISHABLE BY RP OR of guilt is strong

LIFE IMPRISONMENT
4. Within 48 hours after the hearing, the court shall
1. Notify the prosecutor of the hearing of the issue an order containing a brief summary of the
application for bail or require him to submit his evidence adduced before it followed by its
recommendation
conclusion of whether or not the evidence of guilt
2. Conduct a hearing to determine if the evidence of is strong

guilt is strong for the purpose of enabling the This conclusion shall not be regarded as a
court to exercise its discretion
pre-judgment on the merits which can only
3. Decide whether the evidence of guilt is strong
be determined at a full-blown trial

4. If the guilt of the accused is not strong, discharge

the accused upon the approval of the bail bond;
otherwise, the petition should be denied

Within 48 hours after the hearing, the court shall

issue an order containing a brief summary of the
evidence adduced before it followed by its
conclusion of whether or not the evidence of guilt is
strong

This conclusion shall not be regarded as a

pre-judgment on the merits which can only
be determined at a full-blown trial

EVIDENCE IN BAIL HEARING ARE

AUTOMATICALLY REPRODUCED AT THE TRIAL

However, any witness during the bail hearing may,

upon motion of either party, be recalled by the court
for additional examination except if such witness is
dead, outside the PH, or otherwise unable to testify

PROCEDURE OF BAIL HEARING IN OFFENSES

PUNISHABLE BY RP OF LIFE IMPRISONMENT Note: The evidence presented during the bail
(Guidelines for Decongesting Holding Jails by hearings are automatically reproduced at the trial
Enforcing the Rights of the Accused to Bail and to but upon motion of either party, the court may recall
Speedy Trial)
any witness for additional examination unless the
1. The hearing shall be summary with the witness is dead, outside of the PH, or otherwise
prosecution bearing the burden of proof that the unable to testify

evidence of guilt is strong

The accused may at his option submit in

support of his motion the a davits of his
witnesses attesting to his innocence

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 Rule 114 - Bail
VLMR Riano Crimpro Notes
When Amount of Bail may be reduced -
Section 9 states that - If the accused does not have the nancial ability to
The judge who issued the warranted or post the amount of bail that the court initially xed, he
granted the application shall x a reasonable may move for its reduction submitting such
amount of bail considering primarily, but not documents or a davits as may warrant the reduction
limited to, the following factors: he seeks

(a) Financial ability of the accused to give

bail The order xing the amount of bail is not appealable
(b) Nature and circumstances of the o ense (AM 12-11-2-SC Sec 3)

(c) Penalty for the o ense charged

(d) Character and reputation of the accused FORMS OF BAIL
(e) Age and health of the accused
(f) Weight of evidence against the accused Section 10 - Corporate Surety

(g) Probability of the accused appearing at

the trial This is a bail furnished by a corporation

(h) Forfeiture of other bail

(i) The fact that the accused was a fugitive Under the RoC, any domestic or foreign
from justice when arrested corporation, licensed as a surety and
(j) Pendency of other cases where the authorized to act as such, may provide a bail
accused is on bail bond subscribed jointly by the accused and
an o cer of the corporation duly authorized
Excessive bail shall not be required
by the BoD

GUIDELINES IN FIXING THE AMOUNT OF BAIL

Once the obligation of bail is assumed, the
Rule: Excessive bail shall not be required
bondsman or surety becomes in law the jailer of the
accused and is subrogated to all the rights and
(1) The amount should be high enough to assure the means which the government possesses to make his
presence of the accused when required but no control of him e ective

higher than is reasonably calculated to ful ll this

purpose
Section 11 - Property bond, how posted
(2) Consider the good of the public and the rights of
the accused
It is an undertaking constituted as lien on the real
The inability of the accused to secure bail in property given as security for the amount of bail

a certain amount is not solely to be

considered and this fact does not by itself Within 10 days from the approval of the bond, the
make bail excessive
accused shall cause the annotation on the certi cate
(3) Principal factor: The probability of the of title on le with the RD. If the land is unregistered,
appearance of the accused or of his ight to it is annotated in the Registration Book

avoid punishment

Within 10 days from the performance of such acts,

The judge granting the application for bail shall x the accused shall submit his compliance to the court

reasonable amount of bail considering primarily the

factors:
His failure to do so shall be su cient cause fo the
- Financial ability of the accused to give bail
cancellation of the property bond, his re-arrest and
- Nature and circumstances of the o ense
detention

- Penalty for the o ense charged

- Character and reputation of the accused

The bondsman must be the owner of the property
- Age and health of the accused
under the property bond; otherwise, the petition for
- Weight of the evidence against the accused
bail shall be denied or the the issued bail order shall
- Probability of the accused appearing at the trial
be revoked

- Forfeiture of other bail

- The fact that the accused was a fugitive from Section 12 - Quali cations of sureties in property
justice when arrested
bond

- Pendency of other cases were the accused is on

bail
1. Each must be a resident owner of real estate
within the Philippines

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 Rule 114 - Bail
VLMR Riano Crimpro Notes
This is merely a minimum requirement. The Section 14 - Deposit of cash as bail

court may require that a surety be a resident

of a speci c place
The accused or any person acting in his behalf may
deposit cash with the nearest collector of internal
Reason: So the sureties will be within the revenue where the case is pending, the amount of
reach of court processes
bail

2. Where there is only 1 surety, his real estate must

be worth at least the amount of the undertaking
Release of the Accused without need for a court
3. If there are 2 or more sureties, each may justify in order -
an amount less than that expressed in the The accused shall be discharged from custody upon
undertaking but the aggregate of the justi ed submission of the certi cate of deposit and a written
sums must be equivalent to the whole amount of undertaking showing compliance with the
the bail demanded
requirements

Note: Philippine residency is required of a property The money deposited shall be considered as bail and
bondsman applied to the payment of ne and costs while the
Reason: Bondsmen in criminal cases, excess shall be returned to the accused or to
residing outside the Philippines, are not whoever made the deposit

within the reach of the processes of the

courts
Persons to whom the cash bond may be
deposited -
Section 13 - Justi cation of sureties 1. The nearest Collector of Internal Revenue

Every surety shall justify by a davit taken 2. Provincial, City or Municipal Treasurer

before the judge that he possesses the 3. Clerk of court where the case is pending

quali cations prescribed in the preceding

section. He shall describe the property given Note: A judge is not authorized to receive the deposit
as security, stating the nature of his title, its of the cash as bail

encumbrances, the number and amount of

other bails entered into by him and still Moreover, a trial court may reject otherwise
uncharged, and his other liabilities. The court acceptable sureties and insist that the accused
may examine the sureties upon oath brains his provisional liberty only thru a cash bond

concerning their su ciency in such manner

as it may deem proper. No bail shall be Section 15 - Recognizance
approved unless the surety is quali ed

An obligation of record entered into before some

REQUISITES BEFORE ACCEPTING A SURETY OR court or magistrate duly authorized to take it, with the
BAIL BOND
condition to do some particular act, the most usual
1. Photographs of the accused
condition is - appearance of the accused for trial

2. A davit of justi cation

3. Clearance from the SC

Release on recognizance -
4. Certi cate of compliance with Circular No. 66
The release may either be on the recognizance of the
5. Authority of agent
accused himself or that of a responsible person

6. Current certi cation of authority issued by the

Insurance Commissioner with a nancial It may be ordered by the court in the following cases:

statement showing the maximum underwriting - When the o ense charge is for violation of an
capacity of the surety company
ordinance, a light felony, or a criminal o ense, the
imposable penalty of which does not exceed 6
Reason for requiring a davit of quali cation -
months imprisonment and/or P2,000 ne
To enable the judge to determine whether or not the - Where a person has been in custody for a period
surety possesses the quali cation to act as a surety equal to or more than the minimum of the
or bondsman
imposable principal penalty
The court may allow his release on his own
Since the a davit is under oath, any falsi cation recognize or on a reduced bail at the
therein by the surety upon a matter of discretion of the court
signi cance would render him liable for perjury

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 Rule 114 - Bail
VLMR Riano Crimpro Notes
- Where the accused has applied for probation,
pending nality of judgment, but no bail was led WHEN BAIL IS NOT REQUIRED

or the accused is incapable of ling one

(1) When a person has been in custody for a period
- In case of a youthful o ender held for physical and equal to or more than the possible maximum
mental examination, trial, or appeal, if he is unable imprisonment prescribed for the o ense charged

to furnish bail and under the circumstances He shall be released immediately without
envisaged in PD 603
prejudice to the continuation of the trial or
- In summary procedure, when the accused has the proceedings on appeal

been arrested for failure to appear when required

His release shall be either on bail or on If the maximum penalty is destierro, he shall
recognizance by a responsible citizen be released after 30 days of preventive
acceptable to the court
imprisonment

(2) In cases led with the MTC or MCTC for an

EXCEPTIONS TO RELEASE IN RECOGNIZANCE
o ense punishable by imprisonment of less than
1. Accused is caught in agrant delicto
4 yrs, 2 most, and 1 day and the judge is
2. Accused confesses to the commission of the satis ed that there is no necessity for placing
o ense unless the confession is later repudiated the accused under custody

by him
In this case, the judge may issue a summons
3. Accused is found to have previously escaped instead of a warrant of arrest

from legal con nement, evaded sentence or

jumped bail
Since no arrest is made, bail is not required

4. Accused is found to have previously violated the (3) Under RA 6036, bail shall not be required if a
provisions on the Conditions of Bail (Sec 2)
person is charged with a violation of a
5. Accused is a recidivist or a habitual delinquent
municipal or city ordinance, a light felony and/
6. Accused has been previously convicted for an or a criminal o ense, the prescribed penalty for
o ense to which the law or ordinance attaches an which is not higher than 6 most imprisonment
equal or greater penalty or for 2 or more o enses and/or ne of P2,000 or both where it is
to which it attaches a lighter penalty
established that he is unable to post the required
7. Accused commits the o ense while on parole or cash or bail bond

under conditional pardon

8. Accused has been previously pardoned by the Section 17 states that -

municipal or city mayor for violation of municipal
or city ordinance for at least 2 times
court where the case is pending, or in the
Section 16 states that -
No bail shall be required when the law or
these Rule so provide
When a person has been custody for a period
equal to or more than the possible maximum
imprisonment prescribed for the o ense
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 30 days of preventive
imprisonment
Bail in the amount xed may be led with the
absence or unavailability of the judge thereof,
with any RTC judge, MeTC judge, MTC
judge, MCTC judge in the province, city, or
municipality. If the accused is arrested in a
province, city, or municipality other than
where the case is pending, bail may also be
led with any RTC of said place, or if no
judge thereof is available, with any MeTC
judge, MTC judge, or MCTC judge therein
Where the grant of bail is a matter of
discretion, or the accused seeks to be
released on recognizance, the application
may be led only in the court where the case
is pending, on trial or appeal

A person in custody for a period equal to or Any person in custody who is not yet charged
more than the minimum of the principal in court may apply for bail with any court in
penalty prescribed for the o ense charged the province, city, or municipality where he is
without application of the ISLAW or any held
modifying circumstance, shall be released on
a reduced bail or on his own recognizance, at
the discretion of the court
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 Rule 114 - Bail
VLMR Riano Crimpro Notes
WHERE APPLICATION OR PETITION FOR BAIL The discretion of the court in admitting the
MAY BE FILED accused to bail can only be exercised after
General Rule: (1) The application for bail may be the scal has been heard regarding the
led with the court where the case is pending
nature of the evidence in possession

If the judge thereof is absent or unavailable, the Section 19 - Release on bail

application may led with any RTC, MeTC, MTC,
MCTC judge in the province, city or municipality
approval of the bail by the judge with whom it
Where there is no showing that the judge of
the court where the criminal case is pending
is unavailable, another judge who entertains a
bail application despite knowledge of the
pendency of the case in another court is
clearly in error. Such judge will be guilty of
gross ignorance of the law
(2) Where the accused is arrested in a province, city,
The accused must be discharged upon
was led in accordance with Section 17
When bail is led with a court other than
where the case is pending, the judge who
accepted the bail shall forward it, together
with the order of release and other
supporting papers, to the court where the
case is pending, which may, for good reason,
require a di erent one to be led

or municipality, other than where the case is

pending, the application for bail may also be led Once an accused has been admitted to bail, he is
with any RTC judge of said place
entitled to immediate release from custody

An o cer who fails or refuses to release him

The failure of a judge who granted the bail to transmit despite the approval of the bail bond is liable
the order of release and other supporting papers to for arbitrary detention

the court where the case is pending is a violation of

the rules
Section 20 states that -
(3) Where the grant of bail is a matter of discretion or
the accused seeks to be released on recognizance,
the application may only be led with the court
where the case is pending, on trial or appeal
does not give bail in the increased amount
(4) When a person is in custody but not yet
charged, he may apply for bail with any court in the
province, city, or municipality where he is held
information, may, at any subsequent stage of
(5) If the decision of the trial court convicting the
accused changed the nature of the o ense from
non-bailable to bailable, the application can only
be led with the appellate court
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
within a reasonable period. An accused held
to answer a criminal charge, who is released
without bail upon ling of complaint or
the proceedings and whenever a strong
showing of guilt appears to the court, be
required to give bail in the amount xed, or in
lieu thereof, committed to custody

INCREASE OR REDUCTION BAIL

Section 18 - Notice of application to prosecutor Even after the accused is admitted to bail, its amount
In the application for bail under Section 8, the may either be increased or reduced by the court
court must give reasonable notice of the upon good cause
hearing to the prosecutor or require him to
submit his recommendation
Rule: When the bail is increased, the accused may
be committed to custody if he does not give bail in
The rule makes no distinction whether the bail is a the increased amount within a reasonable period
matter of right or a matter of discretion

BAIL FOR ACCUSED ORIGINALLY RELEASED

IN ALL INSTANCES, reasonable notice of hearing is
required to be given to the prosecutor or at least he
must be asked for his recommendation
accused is released without bail, he may later be
This notice is necessary because -
The burden of proving that evidence of guilt
is strong is on the prosecution
WITHOUT BAIL
If, upon the ling of the complaint or information, the
required to give bail, in the amount xed by the court,
whenever at any subsequent stage of the
proceedings a strong showing of guilt appears to
court

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 Rule 114 - Bail
VLMR Riano Crimpro Notes
If he does not give bail, he may be judgment should not be rendered against them for
committed to custody
the amount of the bond

Section 21 states that - Judgment on the bond: Issued if the accused was
When the presence of the accused is not produced within the 30 day period

required by the court or these Rules, his

bondsmen shall be noti ed to produce him Aside from the forfeiture, when the accused fails to
before the court on a given date and time. If appear in court despite notice, the court may issue a
the accused fails to appear in person as bench warrant

required, his bail shall be declared forfeited It is a writ issued directly by a judge to a law
and the bondsmen given 30 days within enforcement o cer for the arrest of a person
which to produce they principal and to show who has been held in contempt, has
cause why no judgment should be rendered disobeyed a subpoena, or has to appear at a
against them for the amount of their bail. hearing or trial
Within the said period, the bondsmen must:
(a) Produce the body of their principal or
ORDER OF ORDER OF
give the reason for his non-production;
FORFEITURE CONFISCATION
and
(b) Explain why the accused did not appear Not independent of the
before the court when rst required to do order of forfeiture

so
It is a judgment
Failing in these 2 requisites, a judgment shall Conditional and
ultimately determining
be rendered against the bondsmen, jointly interlocutory

the liability of the surety

and severally, for the amount of the bail. The thereunder and
court shall not reduce or otherwise mitigate Not appealable
therefore nal

the liability of the bondsmen, unless the

accused has been surrendered or is Execution may issue at
acquitted once

FORFEITURE OF BAIL; BENCH WARRANT

One of the conditions of the bail is for the accused Section 22 states that -
to appear before the proper court whenever required
Upon application of the bondsmen, with due
If he fails to appear in person as required, notice to the prosecutor, the bail may be
his bail shall be declared forfeited
cancelled upon surrender of the accused or
proof of his death
The bondsmen shall be given 30 days within
which to produce their principal and to The bail shall be deemed automatically
show cause why no judgment should be cancelled upon acquittal of the accused,
rendered against them for the amount of the dismissal of the case, or execution of the
bail
judgment of conviction

If the bondsmen move for the
liability, the court is required
otherwise mitigate the liability
unless the accused has been
acquitted
mitigation of their In all instances, the cancellation shall be
not to reduce or without prejudice to any liability on the bail
of the bondsmen
surrendered or is CANCELLATION OF THE BAIL; REMEDY
Cancellation by application of the bondsmen -

Bail may be cancelled upon application of the

Judgment against the bondsmen cannot be entered bondsmen with due notice to the prosecutor upon (a)
unless such judgment is preceded by an order of surrender of the accused; or (b) proof of his death
forfeiture and is given an opportunity to produce the
accused or to adduce satisfactory reason for their Automatic cancellation -

inability to do so
The bail may be deemed automatically cancelled
upon:

Order of forfeiture: An interlocutory order which (1) Acquittal of the accused

merely requires the bondsmen to show cause why (2) Dismissal of the case

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 Rule 114 - Bail
VLMR Riano Crimpro Notes
(3) Execution of the judgment of conviction
Section 24 states that -
No bail shall be allowed after a judgment of
Section 5 (3) Rule 114 - conviction has become nal. If before such
It allows the cancellation of the bail where the penalty nality, the accused applies for probation, he
imposed is imprisonment exceeding 6 years if any of may be allowed temporary liberty under his
the grounds is present
bail
This order cancelling the bail is subject to
review by the appellate court - When no bail was led or the accused is
(a) Motu proprio incapable of ling one, the court may allow
(b) On motion his release on recognizance to the custody of
a responsible member of the community. In
Remedy if bail is cancelled -
no case shall bail be allowed after the
By ling with the Court of Appeals a motion to accused has commenced to serve sentence
review said order

WHEN BAIL IS NOT ALLOWED

The ling of a separate petition for certiorari is
proscribed and contravenes the rule against
multiplicity of suits and constitutes forum shopping
imprisonment and evidence of guilt is strong
Section 23 - Arrest of accused out on bail
1. A person is charged with a capital o ense, or an
o ense punishable by reclusion perpetua or life
regardless of the stage of the criminal
prosecution

For the purpose of surrendering the accused, 2. After a judgment of conviction has become nal

the bondsmen may arrest him or, upon 3. After the accused has commenced to serve
written authority endorsed on a certi ed copy sentence

of the undertaking, cause him to be arrested

by a police o cer or any other person of General Rule: No bail shall be allowed after the
suitable age and discretion judgment has become nal

All that is left for the accused to do is serve

An accused released on bail may be re- the sentence
arrested without the necessity of a warrant if
he attempts to depart from the Philippines Exception: When he has applied for probation
without permission of the court where the before commencing to serve sentence and the
case is pending
o ense is within the purview of the probation law

The ling of application for probation

METHODS BY WHICH SURETIES MAY RELIEVE operates as a waiver of the right to appeal
THEMSELVES FROM RESPONSIBILITIES

1. Arrest the principal and deliver him to the proper Exception to the exception: The accused shall not
authorities
be allowed to be released on bail after he has
2. They may cause his arrest to be made by any commenced to serve his sentence

police o cer or other person of suitable age or

discretion
No bail shall be granted after judgment if the case
3. By endorsing the authority to arrest upon a
certi ed copy of the undertaking and delivering
into such o cer or person
has become nal even if continued con nement of
the accused would be detrimental or dangerous
to his health

Remedy: To submit him to medical treatment

HOLD DEPARTURE ORDER & BUREAU OF or hospitalization
IMMIGRATION WATCHLIST

Bondsmen can prevent the accused from leaving the A mere claim of illness is not a ground for
country by arresting him or asking for him to be re- bail
arrested by a police o cer upon written authority

Section 25 - Court supervision of detainees

The accused may be prohibited from leaving the

country during the pendency of his case
The court shall exercise supervision over all
persons in custody for the purpose of eliminating
(See memaid for discussion on HDOs, ADO,s and unnecessary detention

Watchlist)

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Rule 114 - Bail
VLMR Riano Crimpro Notes
The executive judges of the RTC shall conduct
monthly personal inspections of provincial, city, and
municipal jails and the prisoners within their
respective jurisdiction

Section 26 states that -

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 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

APPLICATION FOR OR ADMISSION TO BAIL NOT

A BAR TO OBJECTIONS ON ILLEGAL ARREST,
LACK OF OR IRREGULAR PRELIMINARY
INVESTIGATION

This is a new rule intended to modify previous

rulings than an application for bail or admission to
bail shall be considered as a waiver of his right to
assail the warrant issued for his arrest

This is curative in nature because it was designed to

curb evils in procedural rules

Procedural law, as a general rule, operate

retroactively

The principle that the accused is precluded from

questioning the legality of the arrest after the
arraignment is true only if he voluntarily enters his
plea and participates during trial, without previously
invoking his objections thereto

An application for or admission to bail shall not

bar the accused from challenging the -

1. Validity of his arrest

2. Legality of his warrant of arrest

3. Regularity or questioning the absence of

preliminary investigation of the charge against
him

… provided the accused raises them before

entering his plea