Bail – Rule 114.

Meaning , nature and purpose

1. Is security given for release of person in custody of law, furnished by him, or a bondsman, to
guarantee his appearance before any court as may be required,. Sec. 1, Rule 114). It is security for
the release of a person who has been arrested but his guilt has not been proven beyond reasonable
doubt.
2. Not to cover civil liability for the crime of which he is charged. But such money deposited as bail
may be used to cover fines and cost, and the excess to be returned to accused.
3. The question of granting bail is an aspect of criminal action to prevent accused from eluding arrest.

Constitutional basis of the right to bail.

1. Art. 111, Sec. 13. “ All persons, except those charged with offenses punishable by reclusion m
perpetua shall before conviction, be bailable by sufficient securities, or be released on
recognizance, as may be provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. (Phil. constitution.)
2. No excessive bail allowed.
3. Even those who seek extradition is entitled to bail. This in light of modern trend to apply right to
bail in extradition cases in reexamination of Puruganan case.
4. Maybe furnished by bondsman or accused himself.

Obligation of bondsman and right; arrest without warrant.

1. Bondsman shall surrender accused for execution of judgment Bondsman may arrest him or upon
written authority endorsed on a certified true copy of the undertaking or , cause him to be
arrested by a police officer or any person of suitable age and discretion. (Sec. 23, Rule 114 of the
Rules of Court. )
2. An accused released on bail may be re arrested without need of warrant if he attempts to depart
from the Philippines without permission from the court where case is pending. Bondsman or
surety becomes jailer in effect and subrogated to the rights of government to make control over
him effective..

Conditions for Application of Bail

1. Applicant for bail must be in custody of the law or otherwise deprived of his liberty to be able to
post bail. A fugitive must first place himself in custody of law before he can apply for bail.
2. Mere application for bail constitutes submission to jurisdiction of the court over his person.
Court acquires custody over his person.
3. A material witness may post bail to guarantee his appearance in court
Bail for those not yet charged.
1. To be entitled to bail, one must be under custody of law If not yet charged, he must apply for
bail with any court in the province, city or municipality where he is held. If arrested already, or
in case of voluntary surrender, he may apply for bail even before complaint is filed against him.
Need not wait for arraignment, nor even the filing of complaint or information. So, if detained
on QC for instance, in Camp Crame, the application for bail should be before QC court not in
Marikina as held in one case.
2. Failure to appear in trial without justification shall be waiver of right to be present and trial may
proceed in absencia. Bondsman may then arrest the accused to surrender hm in court. Or a
police officer may arrest at the instance of bondsman, or person of suitable age and discretion
upon written authority endorsed on a certified copy of the undertaking.
3. Arraignment is not a condition for grant of bail. It may be given before arraignment. Or filing of
information or complaint

Forms of bail:
1. Corporate surety - usually bonding company fully authorized to act as surety
2. Property bond - Lien is placed upon real property given as security which is duly annotated at
the back of title and registered with the Registry of Deeds
3. Cash bond - Cash deposit with the nearest collector of internal revenue or provincial or
municipal city treasurer or clerk of court where case is pending, Such cash deposit may be
applied to fines and cost, and balance given back to depositor upon termination of case
4. Recognizance - is an obligation on record entered before court authorized to take it,
conditioned upon appearance in court whenever required:
a) for violation or ordinance or light felonies not exceeding six months in penalty or fine.
b) for youthful offenders.
c) for those who applied for probation, no bail was filed or incapable of filing one
d) in summary procedure when accused has been arrested for failure to appear when
required.

Amount of Bail
1. bail must be reasonable in ampunt considering such factors as: financial ability, nature of
offense, age and health of accused, etc.
2. the order fixing the amount of bail is not appealable.

Duration of bail-
1. The undertaking under bail shall be effective upon approval, and unless cancelled, shall remain
in force in all stages of the case until promulgation of judgment of the RTC, irrespective of
whether the case was filed originally before it or not.
 2. The bail bond posted can only be used during the 15-day period to appeal not the entire period
of appeal. For the accused to continue his provisional liberty on the same bail bond, consent of
the bondsman is necessary.
3. No person under detention by legal process can be released or transferred except upon order of
the court or when he is admitted to bail.

When bail is not required:

1. Generally, bail is not required when the law or Rules of Court so provide.
2. When a person has been in custody for a time equal to or more than the possible maximum
imprisonment prescribed for the offense charged, he shall be released immediately, without
prejudice to the continuation of the trial or proceedings on appeal. Also, if the maximum
penalty to which the accused may be sentenced is destierro, he shall be released after thirty
days of preventive imprisonment. In all these cases bail is not required prior to the release of
the person in custody.
3. In cases filed with the Municipal Trial Court or Municipal Circuit Trial Court for an offense
punishable by imprisonment of less than 4 years , two months and 1 day and the judge is
satisfied there is no need to place accused under custody, he may issue summons instead of
warrant of arrest. Bail is not required since no arrest was made
4. Under R.A. 6036, bail shall not be required if a person is charged with violation of a municipal or
city ordinance, a light felony and or offense, the prescribed penalty is not higher than six months
imprisonment and or fine of P2000 or both where it is established he is unable to post the
required cash or bail bond

When bail is not allowed:

1. When person is charged with capital offenses, or an offense punishable by reclusion perpetua or
life imprisonment, shall not be admitted to bail when evidence of guilt is strong regardless of the
stage of criminal prosecution.
2. Bail shall not be allowed after a judgment of conviction has become final
3. Bail shall not be allowed after the accused has commenced to serve sentence.

When bail a matter of right

1. General rule is that all person in custody shall be admitted to bail as matter of right. Thus, all
criminal cases within the competence of Metropolitan Trial Courts, Municipal Trial Courts,
Municipal Circuit Trial Courts, are bailable as a matter of right because these courts have no
jurisdiction to try cases punishable by death, reclusion perpetua or life imprisonment. Bail is a
matter of right prior to conviction by the Regional Trial Court for any offense not punishable by
death reclusion perpetua or life imprisonment.
2. Remedy if bail denied if trial court committed grave abuse of discretion is petition for certiorari.
Mandamus may at the same time be available to compel issuance of such bail.
When bail is matter of discretion.
1. Prior to conviction for offenses not punishable by death or reclusion perpetua, matter of right.
But after conviction the bail becomes discretionary. Here a hearing must be conducted whether
or not prosecution refuses to present evidence.
2. If conviction is for offenses punishable by death or life imprisonment, bail can no longer be
availed of because necessarily evidence of guilt has been found out to be strong. No more bail
during the time of appeal to conviction.
3. When charge for an offense punishable by death or reclusion perpetua, accused not entitled to
bail if evidence of guilt is strong. It is for the prosecution to show such degree of evidence as
strong to show guilt in a hearing whether to grant provisional liberty or not.
4. After conviction by RTC, application for bail, even if notice of appeal has been filed, with trial
court, prior to transmission of record to the appellate court. If already transmitted, application
to be filed with appellate court.
5. If decision of RTC convicting the accused changed the nature of offense from non bailable to
bailable, application for bail shall be filed with the appellate court. Sec. 5, Rule 1140.
6. If application for bail is granted, the accused may be allowed to continue on provisional liberty
during the pendency of the appeal under the same bail. This rule is subject to the consent of the
bondsman because of the rule in Sect. 2(a) that the undertaking shall be effective until
promulgation judgment by the Regional Trial Court.

Bail pending appeal where penalty imposed exceeds six years.

1. Bail is discretionary. But such application shall be denied if prosecution shows any of the
following circumstances:
a) That the accused is a recidivist or quasi recidivist, a habitual delinquent or has committed the
crime aggravated by circumstances of reiteration;
b) That the accused has previously escaped from legal confinement, evaded sentence or violated
the conditions of is bail without valid justification;
c) Accused committed the offense while other probation, parole or conditional pardon.
d) Circumstances of his case indicate probability of flight
e) There is undue risk that he may commit another crime during the pendency of the appeal
2. There need for hearing to determine whether there is merit in the application for bail at this stage.
Resolution of the RTC granting or denying bail maybe reviewed by appellate court

Petition for bail filed after filing of the information; evidentiary basis,
1. Petition shall be set for hearing after filing for information and shall be heard summarily; to be
resolved within 30 days from day of first hearing,, non extendible. Drug cases, within 20 days.-
without oral argument and submission of memoranda. Motion for reconsideration to be resolved
within 20 days.
2. Hearing on application for bail in offenses punishable by reclusion perpetua, burden of proof in
bail application.
• prosecution with burden of proof showing evidence of guilt is strong. This to be done in a
summary hearing.
 • Hearing is a must even if the prosecution does not object as the curt will have to make its
own judicial determination of whether the evidence of guilt is strong.
3. Hearing to determine probable cause for issuance of warrant of arrest is different from hearing to
determine whether evidence of guilt is strong deny application for bail in offenses punishable by
death.
4. Resolution of the trial court to grant bail after summary hearing here is not prejudgment of the
case. The evidence is “proof evident” or evident proof to mean clear, strong evidence leading to a
well guarded dispassionate judgement to the conclusion that the accused is guilty. The weight of
evidence is not proof beyond reasonable doubt but strong evidence. ( Revilla Jr. vs.
Sandiganbayan, G.R. No. 218282, July 24, 2018)
5. Evidence in bail hearing shall be considered as automatically reproduced. Witness may be recalled
for additional examination.

Capital offenses.
Imposition of death penalty is now prohibited, under RA 9346. But as held in the case of People vs. Bon,
this law did not correspondingly declassify those crimes catalogued as heinous, they are still heinous
crimes.

Where application for bail shall be filed.

1. As a general rule, where the case is pending. If Judge not available, application with any RTC
judge, MTC, of the province, city or municipality.
2. In case accused is arrested in a province, city or municipality different from where the case is
pending, may be filed in the RTC of such place. The Judge shall then forward the bail with the
order of release and supporting papers to the court where the case is pending
3. When the grant is a matter of discretion, or accused seeks to be released on recognizance,
application may be filed where the case is pending, on trial, or appeal.
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.

Increase or reduction of bail

1. Even after the accused is admitted to bail, the amount of bail may either be increased or reduced
by the court upon good cause.
2. The increased amount must be given within a reasonable tie if the accused wants to avoid being
taken into custody.

Forfeiture of bail; bench warrant.

1. If accused fails to appear in person in court as required, his bail shall be declared as forfeited.
The bondsman shall be given 30 days within which to produce the principal or give reason for his
non-production;
2. And explain why the accused did not appear in court when required. Failing to do so, judgment
shall be rendered against the bondmen, jointly and severally for the amount of the bai.
3. In order to mitigate, liability, the accused must be surrendered or is acquitted.
 4. No judgment against the bond unless there was an order of forfeiture and opportunity for the
bondsman to -produce the accused or produce good reason for their inability to do so. The
order of forfeiture is interlocutory merely requiring the bondmen to show cause why judgment
should not be rendered against the bond which is issued if the accused was not produced within
the 30 day period.
5. Aside from forfeiture, the court may issue a bench warrant for his arrest

Cancellation of the bail, remedy.

1. Bail may be cancelled upon application of the bondmen with notice to the prosecutor upon
surrender of the accused or his death,
2. The bail may be deemed automatically cancelled upon a) acquittal of the accused; b) dismissal of
the case c) execution of judgment of conviction;
3. Sec. 5 of Rule 114 allows cancellation of bail where the penalty imposed is imprisonment
exceeding 6 years if any of the grounds is present as when circumstances show probability of
flight. The order cancelling bail is subject to review by the appellate court, moto propio or upon
motion. The filing of separate petition for certiorari is proscribed contravening the rule against
multiplicity of suits and constitutes for shopping.
4. Application for or admission to bail not a bar to objections on illegal arrest, lack of or irregular
preliminary investigation. But such objections must be raised before entering plea. The court
shall resolve as early as practicable but not later than the start of the trial. Such application for
bail will not constitute waiver of right to question illegal arrest or lack of preliminary
investigation.

Additional rules under Revised Guidelines for continuous trial

1. Petition for bail set for summary hearing after arraignment and pre trial
2. Petition for bail shall be heard and resolved within a non extendible period of 30 days from date
of first hearing except in drug cases, only 20days, without need of oral argument and submission
of memoranda.
3. Motion for reconsideration on resolution of petition shall be resolved within non extendible
period of 10 calendar days from submission of the motion.