SEC. 6.

Capital offense

-an offense which, under the law existing at the time of its
commission and of the application for admission to bail, may be
punished with death.

> The capital nature of the offense is determined by the

penalty prescribed by law

> What is to be considered is prima facie evidence, not the penalty

that may be imposed taking into account modifying circumstances
SEC. 7. Capital offense or an offense
punishable by reclusion perpetua or
life imprisonment, not bailable

No person charged with a capital offense, or an offense punishable

by reclusion perpetua or life imprisonment, shall be admitted to
bail when evidence of guilt is strong, regardless of the stage of the
criminal prosecution. (7a)
Bail a matter of right
- In the MTC, it is a matter of right before or after conviction,
regardless of the offense

Bail a matter of discretion

- In the RTC, it is a matter of right before conviction, except for
offenses punishable by death, reclusion perpetua, of life sentence and
the evidence of guilt is strong, in which case it is discretionary.

- After conviction, bail is a matter of dicretion regardless of the

offense. The application for bail may be filed may be filed and acted
upon by the trial court as long as the original record of the case has not
been transmitted to the appellate court.
SEC. 8. Burden of proof in bail application.

At the hearing of an application for bail filed by a person who

is in custody for the commission of an offense punishable by death,
reclusion perpetua, or life imprisonment, the prosecution has the
burden of showing that evidence of guilt is strong. The evidence
presented during the bail hearing shall be considered automatically
reproduced at the trial but, upon motion of either party, the court
may recall any witness for additional examination unless the latter
is dead, outside the Philippines, or otherwise unable to testify.
(8a)
DUTIES OF THE TRIAL JUDGE IN CASE AN APPLICATION
FOR BAIL IS FILED

1. Notify the prosecutor of the hearing or require him to

submit a recommendation
2. Conduct a hearing
3. Decide whether the evidence of guilt is strong based on
the summary of evidence of the prosecution
4. If the guilt of the accused is not strong, discharge the
accused upon the approval of the bail bond. If evidence of guilt is
strong, the petition should be denied.
EVIDENT PROOF

-Clear, strong evidence while leads a well-grounded dispassionate

judgment to the conclusion that the offense has been committed as
charged, that the accused is the guilty agent and that he will probably
be punished capitally if the law is administered

PRESUMPTION GREAT

-Exists when the circumstances testified to are such that the inference
of guilt naturally to be drawn therefrom is strong, clear and convincing
unbiased judgment and excludes all reasonable probability of any
other conclusion
SEC. 9. Amount of bail

The judge who issued the warrant or granted the application shall fix a
reasonable amount of bail considering primarily, but not limited to, the
following factors:

(a) Financial ability of the accused to give bail;

(b) Nature and circumstances of the offense;

(c) Penalty for the offense charged;

(d) Character and reputation of the accused;

(e) Age and health of the accused;

(f) Weight of the evidence against the accused;

(g) Probability of the accused appearing at the trial;

(h) Forfeiture of other bail;

(i) The fact that the accused was a fugitive from justice when
arrested; and

(j) Pendency of other cases where the accused is on bail.

Excessive bail shall not be required. (9a)

WHAT DETERMINES IF BAIL IS EXCESSIVE
OR NOT? IS IT THE AMOUNT?
It doesn't depend on the amount but is dependent on the
circumstances of the accused particularly his financial capacity

WHAT IS THE REMEDY OF THE ACCUSED IF HE

IS DENIED BAIL?

> He should file a special civil action in the Court of Appeals within 60
days
SEC. 10. Corporate surety.

Any domestic or foreign corporation, licensed as a surety in

accordance with law and currently authorized to act as such, may
provide bail by a bond subscribed jointly by the accused and an
officer of the corporation duly authorized by its board of directors.
(10a)
CAN THE COURT REFUSE TO ACCEPT A
CORPORATE SURETY AND REQUIRE INSTEAD
THE POSTING OF A CASH BOND?

> No, the trial court may not reject otherwise acceptable sureties
and insist that the accused obtain his provisional liberty only
through a cash bond

> The posting of the cash bond would entail a transfer of assets
into the possession of the court, and its procurement could work untold
hardship on the part of the accused as to have the effect of altogether
denying the accuseds constitutional right to bail.