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 condition. (It is personal in nature
and therefore waivable)
- Provisional liberty
Sec. 13, Art. III, 1987 Constitution
All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on recognizance as maybe
provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive bail shall not
be required.
Is the right to bail available in the military?
No, the right to a speedy trial is given more emphasis in the military where
the right to bail does not exist.
Obligation and right of the bondsman.
The bondsman shall surrender the accused to the court for execution of the
final judgement. He becomes the jailer of the accused and is subrogated of
all the rights and means which the government possesses to make his
control over him effective.
Duty of the bondsman?
Within the said period, the bondsmen must:
(a) Produce the body of their principal or give the reason for his non-
production; and
(b) Explain why the accused did not appear before the court when first
required to do so.
Failing on these two requisites, a judgement shall be rendered against the
bondsmen, jointly and severally, for the amount of the bail. The court shall
not reduce or otherwise mitigate the liability of the bondsmen, unless the
accused has been surrendered or is acquitted.
Is arraignment required before the grant of bail?
No. In cases where bail is authorized, bail should be granted in arraignment;
otherwise, the accused will be precluded from filing a motion to quash
which is to be done before arraignment.
Forms of bail
Bail may be given in the following form:
a. Corporate surety – insurance company will pay for your bail, you’ll
pay premium to them
b. Property bond – title of property will be surrendered to the court;
annotation that it will be used for bail purposes
c. Cash deposit – 500 pesos application fee and bail bond
d. Recognizance – for light offenses; a mode securing the release of
any accused person in custody or detention who is unable to post
bail due to poverty.
What are the guidelines in fixing bail
a. Excessive bail shall not be required;
b. The court shall fix a reasonable amount of bail considering the ff.
factors:
1. Financial ability of the accused
2. Nature and circumstances of defense
3. Penalty for the offense charged
4. Character and reputation of the accused
5. Age and health of the accused
6. Weight of evidence against the accused
7. Probability of the accused appearing at the trial
8. Forfeiture of other bail
9. The fact that the accused was a fugitive from justice when
arrested; and
10. Pendency of other cases where the accused is on bail
c. The accused may request with the court for reduction of bail
through affidavits;
d. The order fixing the amount of bail is not appealable.

What is the duration of bail?
It shall remain in force at all stages of the case until promulgation of
judgement of the RTC, irrespective of whether the case was originally filed
in or appealed to it.
When is bail not required?
When the law so provide, when the person has been in custody for a period
equal to or more than the possible maximum imprisonment prescribed for
the offense charged, when the offense charged is punishable by
imprisonment of less than 4 years, 2 months, and 1 day and when bail is not
required if the person violated ordinances or violation punishable more than
6 months of imprisonment or fine of 2,000 pesos or both and he is unable to
post the required cash or bail bond.
When is bail not allowed?
When a person is charged with capital offenses, when it is not allowed after
a judgement of conviction has become final and when the accused has
commenced to serve sentence.
When is bail a matter of right?
Before conviction by the RTC of an offense punishable by death, reclusion
perpetua or life imprisonment.
- Before and after conviction by a first level court
- Before conviction by the RTC
- After conviction in the RTC, bail becomes a matter of discretion
What is the remedy when bail is denied?
To file a petition for certiorari if the trial court committed grave abuse of
discretion amounting to excess or lack of jurisdiction issuing the said order
or Mandamus to compel the grant of bail which is a matter of right.
When is bail a matter of discretion?
When the accused has been convicted in the RTC of an offense punishable
by reclusion perpetua, death or life imprisonment.
State the rule where application for bail after conviction by the RTC.
It may be filed and acted upon by the trial court even if notice of appeal has
already been filed provided that the trial court has not yet transmitted the
original record to the appellate court.
When shall the application for bail after conviction by the RTC denied?
If the penalty imposed is death, reclusion perpetua or life imprisonment,
since the conviction indicates strong evidence of guilt based on proof
beyond reasonable doubt.
When is the rule in application for bail pending appeal where penalty
imposed exceed 6 years?
The discretionary nature of the grant of bail pending appeal does not mean
that bail should be granted absent any of the circumstances mentioned in
the 3rd paragraph of Sec. 5, Rule 114 of the ROC.
Who has the burden of proof in bail application during the hearing of
application for bail in offenses punishable by reclusion perpetua, or life
imprisonment?
In hearing the petition for bail, the prosecution has the burden of showing
that the evidence of guilt is strong. Sec. 8, Rule 114 of the ROC specifically
provides that the burden of proof in bail application lies in the prosecution.
What are the duties of the trial judge in a petition for bail in offenses
punishable by reclusion perpetua, life imprisonment, or death?
a. Notify the prosecutor of the hearing of the application for bail;
b. Conduct hearing of the application for bail;
c. Decide whether the evidence of guilt of the accused is strong based
on summary of evidence of the prosecution; and
d. Discharge the accused upon approval of the bail bond if guilt of the
accused is not strong.
What are capital offenses?
There are offenses which, under the law existing at the time of its
commission and of the application for admission to bail, may be punished
with reclusion perpetua to death.
What is the effect of RA 9346 on the graduation of penalties?
It unequivocally bar the application of the death penalty, as well as to
expressly repeal all such statutory provisions requiring the application of
death penalty.
RA No. 9344
“Juvenile Justice and Welfare Act of 2006”; cover the different stages
involving children at risk and children in conflict with the law from
prevention to rehabilitation and reintegration.
 Sec. 34 – For purposes of recommending the amount of bail, the
privileged mitigating circumstance of minority shall be considered.
 Sec. 35 - Release on recognizance
Where may the application or petition for bail be filed?
In the court where the case is pending; if the accused is arrested in province,
city or municipality other than where the case is pending, the application for
bail may also be filed with any RTC of said place.
What is a bench warrant?
A writ issued directly by a judge to a law enforcement officer, for the arrest
of a person who has been held in contempt, has disobeyed a subpoena, or
has to appear at a hearing or a trial.
What is the effect of the application or admission to bail on illegal arrest or
lack of irregular preliminary investigation?
It shall not bar the accused from assailing the regularity of questioning the
absence of a PI of the charge against him provided the same is raised before
he enters his plea. Likewise, it shall not bar him from challenging both the
validity of his arrest or the legality of the warrant issued thereof.
What is cancellation of bail?
Upon application of the bondsmen, with due notice to the prosecutor, the
bail may be cancelled upon surrender of the accused or proof of his death.
The bail shall be deemed automatically cancelled upon acquittal of the
accused, dismissal of the case, or execution of the judgement of conviction.
In all instances, the cancellation shall be without prejudice to any liability on
the bail.
- Granted bail then a eyewitness testified – the court could no longer
undo the grant of bail, the opportunity passed the stage of petitioning
for bail but instead already at the determination of guilt.
- Sec. 20 as the remedy when bail is granted but new evidences arise
after the hearing for bail was done. (increase or reduction of bail)
- The quantum of evidence for the grant of bail is different from the QoE
to convict of criminal liability
What is forfeiture of bail?
When the presence of the accused is required by the court or these Rules,
his bondsmen shall be notified to produce him before the court on a given
date and time.
If the accused fails to appear in person as required, his bail shall be declared
forfeited and the bondsmen given 30 days within which to produce their
principal and to show why no judgement should be rendered against them
for the amount of their bail.
A.M. No. 12-11-2-S, 1 May 2014
The salient provisions on the guidelines issued by the Supreme Court with
respect to bail include allowing the accused to move for fixing the amount
of bail pending raffle of the case to a regular branch of the court, declaring
that the order fixing the amount of bail is not subject to appeal, and
releasing the accused upon service of the minimum imposable penalty. With
respect to speedy trial, provisions include observance of time limits for
arraignment (within 10 days from date the case is raffled), termination of
regular trial (within 180 days) or trial by judicial affidavit (within 60 days),
and service of subpoena through email, phone calls or SMS.
Demurrer of Evidence
A demurrer to evidence is a motion to dismiss on the ground of
insufficiency of evidence. It is a remedy available to the defendant, to the
effect that the evidence produced by the plaintiff is insufficient in point of
law, whether true or not, to make out a case or sustain an issue.

Prohibited ang motion for deferment of arraignment unless grounded on

provisions Rule 116

a. Mental instability
b. Prejudicial question
c. Petition for review of the reso of the prosecutor is pending

XPN: Sec 26, Rule 114