Bail – Rule 114

Instances by which a person under detention by legal process may be release

1. Bail
2. Court order

A security given for the release of a person in custody of the law, furnished by him or a bondsman

Forms
1. Corporate surety
2. Property bond
3. Cash bond
4. Recognizance

Property bond – must be complied within 10 days from approval:

1. A cause the annotation of the lien on the certificate of title on file with the Registry of Deeds
2. Annotation of lien on the tax declaration of the property in the Assessor’s Office.
3. Submit proof

Cash bond – a bail in the form of money deposited by the accused himself or a 3 rd person, with the
nearest BIR or provincial/city/municipal treasurer.

Recognizance – obligation of record entered before the court

Recognizance Corporate surety bond

Does not need the signature of the accused if The signature of the accused is needed
issued by 3rd person

Conditions
1. That before conviction – accused shall answer the complaint/information
2. That after conviction – accused will surrender himself in the execution of judgment of the
appellate court
3. That if the case is remanded for new trial – accused will appear in the court to which it may be
remanded
4. Other appearance as required by court (periodic report, accounting of movement, increase of
the bond)
5. For the bondsman to surrender the accused to the court
6. Restricts the right to travel

Bail is a matter of right:

1. Before or after conviction of MTC, MTCC, MeTC
2. Before conviction by RTC of an offense not punishable by death, reclusion perpetua or life
imprisonment

Bail is a matter of discretion:

1. Before conviction by the RTC of an offense punishable by death, reclusion perpetua or life
imprisonment if the evidence of guilt is not strong
2. After conviction by the RTC of an offense not punishable by death, reclusion perpetua or life
imprisonment
Bail shall be denied:
1. At any stage of criminal prosecution of an offense punishable by death, reclusion perpetua or
life imprisonment and the evidence of guilt is strong
2. After conviction by RTC of an offense not punishable by death, reclusion perpetua or life
imprisonment, if any of the following are shown:
a. Recidivism, quasi-recidivism, habitual delinquency, reiteracion/habituality
b. Previous escape from legal confinement, evasion of sentence, violation of conditions of
bail
c. Commission of an offense while under probation, parole or conditional parole
d. Probability of flight
e. Undue risk of committing another crime
3. Military officers charged with coup

Venue for filing the bail

If a matter of right:
1. In court where the case is pending
2. If the arrested in a place other than where the case is pending, it may be filed with RTC of the
place of arrest or in their absence, in the MTC
If a matter of discretion:
Rule: in the court where the case is pending at any stage of the proceeding (even on appeal for
as long as records are still with the court a quo)

Exception: when an original action is non-bailable but was convicted for a bailable offense, the
petition for bail shall be filed in the appellate court

Procedure of Petition for Bail

1. File petition to the court with notice to public prosecutor
2. Court shall notify public prosecutor of hearing thereof, or require to submit recommendation on
the petition
3. Hearing
4. Resolution on the petition

Effectivity of Bail
Bail is effective upon approval and shall remain in force at all stages of the case, unless sooner
cancelled, until promulgation of the judgment of the RTC and up to the pendency of appeal
(under same bail)

Once approved, the accused must immediately be released or else there will be violation of Art.
126 RPC (Delaying release)

Bail Hearing
Bail hearing is mandatory whether the bail is a matter of right or discretionary, and even in the
reduction of bail

The hearing is summary in nature. But even then, due process dictates that the prosecution
must be given the opportunity to oppose the grant of bail, except when the bail is a matter of
right
 The evidence presented during the hearing for bail deemed automatically reproduced at the
trial proper in order to avoid unnecessary repetition of presentation of evidence.

Hence, the order/granting of bail must contain a summary of the evidence for prosecution,
followed by the conclusion that the evidence of guilt is strong or not.

Without such summary of evidence, the order is defective both in substance and in form.

Amount of Bail
The amount should be high enough to assure the presence of the defendant when required, but
no higher than is reasonably calculated to serve its purpose

Excessive bail is prohibited by the constitution, otherwise the right to bail becomes meaningless

It may be increased or reduced after its approval

Guidelines in fixing the amount of bail

1. Financial ability
2. Nature and circumstances of the offense
3. Penalty for the offense
4. Character and reputation of the accused
5. Age and health
6. Weight of the evidence
7. Probability of appearing at the trial
8. Forfeiture of other bail
9. The fact of being fugitive from justice when arrested
10. Pendency of other cases

Instances when Bail is not required:

1. RA 6036
a. AN ACT PROVIDING THAT BAIL SHALL NOT, WITH CERTAIN EXCEPTIONS, BE REQUIRED IN
CASES OF VIOLATIONS OF MUNICIPAL OR CITY ORDINANCES AND IN CRIMINAL
OFFENSES WHEN THE PRESCRIBED PENALTY FOR SUCH OFFENSES IS NOT HIGHER THAN
ARRESTO MAYOR AND/OR A FINE OF TWO THOUSAND PESOS OR BOTH
2. Rules of court
a. The preventive imprisonment undergone is at least equal to the imposable maximum
penalty for the offense, the accused shall be released without prejudice to the
continuation of the trial
b. Preventive imprisonment undergone is at least 30 days and the maximum imposable
penalty for the offense is destierro, without prejudice to the continuation of the trial

RA 6036
Bail shall not be required of a person charged with violation of municipal or city ordinance, a light felony
and/or a criminal offense the prescribed penalty of which is not more than 6 months

Exceptions
1. When he is caught committing the offense in flagrante
 2. When he confesses to the commission of the offense
3. When he is found to have previously escaped

Crediting of preventive imprisonment

If preventively imprisoned for the duration equal to or more than the minimum of the penalty
prescribed for the offense, he shall be released on a reduced bail or on his own recognizance, at
the court discretion, without prejudice to the continuation of trial

Full credit – if he agrees voluntarily in writing to abide by the same disciplinary rules imposed
upon convicts

4/5 credit – if he does not voluntarily agree in writing

He is not entitled to such crediting if:

1. If he is a recidivist or convicted previously twice or more of any crime
2. If he fails to surrender when summoned for the execution of sentence

Forfeiture of bail
It is grounded on the non-appearance of accused in person when required by court

The bondsmen/sureties are given 30 days to produce the accused and to show cause why no
judgment shall be rendered against them for the forfeiture of their bail

Grounds for cancellation of bail

1. Surrender of the accused which is accepted by court
2. Proof of death of the accused

Grounds for automatic cancellation of bail

1. Acquittal of accused
2. Dismissal of the case
3. Execution of final judgment of conviction

Bail not a bar on available objections

The accused who posted bail can still raise objections on illegal arrest, lack or irregularity of
preliminary investigation, provided that the same are made before entering his plea

Rights of the Accused – Rule 115

1. To be presumed innocent until proven otherwise
2. To be informed of the nature and cause of accusation against him
3. To be present and defend in person and by counsel at every stage of the proceedings
4. To testify on his behalf
5. To remain silent
6. To be exempt from being compelled to be a witness against himself
7. To confront and cross-examine witness against him
8. To have compulsory processes
9. To a speedy, impartial and public trial
10. To appeal
11. To bail
 12. Against excessive fines
13. To seek for reconsideration before appeal
14. To avail of post-conviction DNA examination

Bench Warrant
It is a process issued by the court for the apprehension of a person either for contempt of court
or for a criminal offense

It may also be issued to compel the attendance of witness

Right to a speedy trial

Under the constitution Under the rules of court

Can be invoked any time Can only be invoke before trial

The remedy for its violation is habeas corpus The remedy for its violation is rule 65 (certiorari,
prohibition or mandamus)

The right to speedy trial shall not be utilized to deprive the state of a reasonable opportunity of
fairly prosecuting criminals.

While it secures rights to a defendant, it does not preclude the rights of public justice

Still, the dismissal based on the right to speedy trial is equivalent to an acquittal

Hence, the case can no longer be revived without violating the rule on double jeopardy

Trial in absentia
Requisites:
1. There was an arraignment
2. Absence of the accused without justifiable cause
3. When an accused under custody escapes

This is allowed by the constitution because of instances where trials are suspended indefinitely
because of intentional non-appearance of the accused

What the constitution guarantees to the accused is a fair trial, not the continued freedom even
if his guilt could be proved.

Privilege against self-incrimination:

1. Testimonial compulsion
2. Incriminating articles/documents demanded from him

Not covered:
Examination of his body as evidence

Sub Judice Doctrine

 Related to the right of the accuse to due process and impacts the administration of justice

The inappropriate comments of the lawyers and interfering public opinion on such pending
cases, especially public opinion on such pending cases, especially on criminal cases, may affect
the liberty and reputation of the person under trial

The guilty on will face a violation leading to contempt of court proceedings

Media coverage of trial

Generally, not allowed to avoid swaying public opinion

But in 2001, the SC En Banc allowed the live coverage of Estrada’s plunder case before the
Sandiganbayan, subject to the following conditions:

1. For documentary and historical purpose only and made without comments
2. Simultaneous with the release for public showing, the original thereof shall be deposited in the
National Museum

Arraignment and Plea – Rule 116