University of Southern Mindanao (USM)

First Year Law

2022-2023

CONSTITUTIONAL LAW II

Art. III. Sec. 13– Right to Bail

 Sec. 13. Right to Bail
Sec. 13. 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. The right to bail shall not
be impaired even when the privilege of
habeas corpus is suspended. Excessive bail
shall not be required.
Art. VIII, Sec. 5 (5) (Powers of the Supreme Court)
•Xxx (5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the Integrated Bar, and legal assistance
to the underprivileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases, shall be
uniform for all courts of the same grade, and shall not diminish, increase,
or modify substantive rights. Rules of procedure of special courts and
quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court.
Question: The rule-making power of the
Supreme Court under Art. VIII, Sec. 5 (5)
provides that such rules “shall not diminish,
increase or modify substantive rights. Since
only crimes punished by reclusion perpetua
when evidence of guilt is strong is non-
bailable under the Constitution, how can the
Supreme Court add crimes punishable by
death and life imprisonment, as well?
• Rationale: Presumption of Innocence
• Purpose: To ensure his appearance during trial
(not as payment for civil liability)
• Forms of Bail:
• 1. Cash bond
• 2. Property Bond (only real property)
• 3. Surety
• 4. Recognizance
 CONSTITUTIONAL LAW II
Section 13: Right to Bail

When is bail a matter of right ?

1. Before or after conviction by the MTC, MTCC, MCTC

(while case is on appeal);
2. Before conviction by the RTC for an offense punishable
by less than reclusion perpetua or death [ SC Administrative
Circular No. 12-94 ]; and
3. Before conviction by the RTC for an offense
punishable with reclusion perpetua or death when the evidence
of guilt is not strong. (Constitution, Art. IV, Sec. 13] [But see Pp. v.
Sandiganbaya, 2007, if probability of flight is strong.]
 CONSTITUTIONAL LAW II
Section 13: Right to Bail

When is bail not allowed ?

1. After final judgment by any court;
2. Before conviction for an offense punishable by death or
reclusion perpetua where the evidence of guilt is strong; [Constitution,
Art . IV, Sec. 13]
3. After conviction for a crime punishable by reclusion perpetua
or death while the case is on appeal. [People Vs. Valeriano]
4. After conviction for an offense with the penalty exceeding six
years but but not more than 20 years, if;
A. accused is a recidivist, quasi-recidivist, habitual delinquent or
has committed a crime aggravated by reiteracion;
B. accused is found to have previously escaped from legal
confinement
 CONSTITUTIONAL LAW II
Section 13: Right to Bail

When is bail not allowed ?

C. accused committed the offense while on probation, parole or

conditional pardon;
D. circumstances of accused or his case indicate the probability
of flight;
E. there is undue risk that during the pendency of the appeal,
accused may commit another crime. [SC Administrative Circular
No. 12-94.
 Reyes v. People, G.R. No. 237172, September 18, 2019

Accused, former Governor of Palawan, was convicted by the Sandiganbayan of violation of

Sec. 3(e) of RA No. 3019. He was sentenced to 6 years and 1 day to 8 years of
imprisonment. Initially, the Sandiganbayan allowed him to post bail while the case was on
appeal before the Supreme Court but recalled its order after the Prosecution moved for
reconsideration. The Sandiganbayan cited as grounds his failure to appear when required by
the court and the probability of flight. Is the Sandiganbayan correct?

Held: Yes. Rule 114, Section 5 specifically provides that, although the grant of bail is
discretionary in non-capital offenses, nevertheless, when imprisonment has been imposed
on the convicted accused in excess of six (6) years and circumstances exist (inter alia, where
the accused is found to have previously escaped from legal confinement or evaded
sentence, or there is an undue risk that the accused may commit another crime while
his appeal is pending), then the accused must be denied bail, or his bail previously granted
should be cancelled. In this case, Reyes was a fugitive and was arrested with his brother in
Thailand in connection with a murder charge. He also failed to show up on two (2)
scheduled hearings.
• Section 13: Right to Bail

When is bail a matter of discretion ?

After conviction by the RTC for an offense

punishable by less than reclusion perpetua or
death if any of the circumstance mentioned in
[SC Administrative Circular No. 12-94]. Rule 114 of
the Rules of Court are not present.
• Is there a right to bail in extradition?
• 1. Government v. Purganan (2002)– No. It
is not a criminal proceedings.
• 2. Government v. Olalia (2007) – Yes. It is
not limited to criminal proceedings.
• But prove that you are not “flight-risk.”
• Bar questions:
• 2006, IV (2): State whether the following are
constitutional: (2) A law denying persons charged
with crimes punishable by reclusion perpetua to
death the right to bail.
• 2005, VII: State with reasons whether bail is a
matter of right or a matter of discretion in the
following cases:
• (a) the imposable penalty for the crime is reclusion
perpetua and the accused is a minor.
• (b) The imposable penalty for the crime charged is life
imprisonment and the accused is a minor.
• © After conviction for homicide on a charge of murder
and sentenced to suffer an indeterminate penalty of from 8
years and 1 day of prision mayor, as minimum, to 12 years
and 4 months of reclusion temporal, as maximum.
• (d) after conviction by the RTC for a crime punishable
with prision mayor where accused was previously granted
absolute pardon in a previous conviction
 “”””
• Other rules:
• 1. The judge cannot determine the strength of evidence
base on the records alone. He must hold a summary
hearing (Mamolo v. Narisma, 252 SCRA 613 (2002)
• 2. Where bail is a matter of right, the judge cannot hold
a hearing to determine whether he should be allowed bail
or not. [People v. Donato, 198 SCRA 130 (1991)]
• 3. In a hearing for bail, the court cannot take into account
the presence of aggravating or mitigating circumstance,
except minority [People v. Bravo]
• 4. Bail is not available to military men facing
court martial proceedings for violation of the
Articles of War. [Comendador v. De Villa, 200
SCRA 80 (1987)]
• 6. Bail can be waived expressly in writing [People
v. Donato, 198 SCRA 130 (1991)] or impliedly
[Manes] by not pursuing one’s petition for bail
7. Enrile v. Sandiganbayan, 767 SCRA 282 (2015):
Bail may be allowed in a non-bailable offense if
“his continued incarceration is clearly shown to
be injurious to his health or to endanger his life.”
8. The amount of bail cannot be fixed on the basis
of the amount of civil liability which accused
might be ordered to pay the offended party in
case he is convicted. Yap v. Court of Appeals,
358 SCRA 564 (2001)
 1993, No. 9

• Johann was charged with rape. After the

prosecution presented several witnesses, Johann
through counsel, invoked the right to bail and filed
a motion therefor, which was denied outright by
the judge.
• Johann claims that he is entitled to bail as a
matter of right, thus the judge should not have
denied his motion to fix bail outright. Is he
correct?
 1989, No. 15

• May an alien invoke the constitutional right

to bail during the pendency of deportation
proceedings?

• See Harvey v. Santiago, 162 SCRA 840

(1988) – not a criminal proceeding
• 2008, No. 7:
• JC, a major in the Armed Forces of the
Philippines, is facing prosecution before the
RTC of Quezon City of the murder of his
neighbor whom he suspected to have
molested his 15 year old daughter.
• Is JC entitled to bail? Why or why not?
 Quiz No. 10: True or False

• 1. ___________________ According to Rule 114, it is only in capital

offenses when evidence of guilt is strong that accused shall not be admitted to
bail.
• 2. ___________________ In the MTC, after a judgment of conviction has
become final, accused is still bailable.
• 3. ___________________ Once the privilege of the writ of habeas corpus is
suspended, the right to bail is also suspended.

• 4. ___________________ And when Martial Law is declared, the right to

bail is also suspended.

• 5. ___________________ The 1987 Constitution itself provides that where

the penalty is life imprisonment and evidence of guilt is strong, bail is not a
right.
• 6. ___________________ In bail hearings, the accused has the burden of
proving that the evidence of guilt is not strong, after which the Prosecution
proceeds to prove otherwise.
• 7. ___________________ Bail is intended as payment for the temporary
liberty of accused.
• 8. ___________________ A person sentenced to death by the RTC can still be
granted bail as a rule because he is still presumed innocent while the case is on
appeal to the Supreme Court.

• 9. ___________________ A law passed by Congress that all those charged

with crimes punishable by reclusion perpetua cannot post bail would be
constitutional.
• 10. __________________ Or a law denying those charged with a crime
punishable with reclusion temporal when the evidence of guilt is very strong
would be valid.
• 11. __________________ The cash bond must be returned to accused or his
bondsman (if any) as a rule.
• 12. __________________ In the Municipal Trial Court bail must be in cash.

• 13. __________________ The question on whether a person charged in the RTC

can post bail during trial is based on the penalty actually imposed.

• 14. __________________ The issue in Donato is whether a person otherwise

entitled to the right to bail may, under certain circumstances, be denied such right.

• 15. __________________ In holding that the right to bail may be waived, the
Court ruled in said case that the right is one which both the State, as well as the
accused, is interested in.
 Multiple Choice

• 16. __________________ Which is not proper to secure the

provisional liberty of a person charged with a crime? (a) cash money,
(b) piece of land, (c) brand new car, (d) recognizance of Barangay
Captain
• 17. __________________ “A” was charged with Homicide before
the Regional Trial Court. The offense is punishable with reclusion
temporal and he was previously convicted of the same offense. Before
trial, A: (a) can post bail as a matter of right, (b) is not allowed to
post bail, (c) can post bail at the discretion of the court, (d) can post
bail but the same has to be in cash
• 18. __________________ Which is not a factor to be considered in fixing
the amount of bail?
(a) penalty for the offense
charged, (b) character and reputation of accused (c) financial ability of accused,
(d) the civil liability that he might be ordered to pay the offended party

• 19.___________________ After conviction by the RTC for an offense

punishable with prision mayor, bail may still be allowed if: (a) accused is a
quasi-recidivist, (b) he committed the offense after an absolute pardon, (c)
he previously escaped from legal confinement, (d) he committed the offense
while on probation
• 20.___________________ The bail bond posted by accused, if he is
convicted, may be applied to pay for: (a) moral damage to the victim, (b)
compensation for actual damage, (c) fine imposed on him in the decision, (d)
expenses incurred by the police in arresting him