REMEDIAL LAW #ONLYBAREVER
BAIL
NATURE
It is the security given for the release of a person in custody of the law to
guarantee his appearance before any court as required under the
conditions hereinafter specified. (Rule 114)
Custody of the law is required before the court can act on an application for
bail. He may apply for bail as soon as he is deprived of his liberty and may
not wait for arraignment nor a formal complaint. (See Bar Question on the
accused confined in a hospital)
The application for bail constitutes a waiver of the defense of lack of
jurisdiction over the person of the accused. (2014 Bar)
Bail is not granted to prevent the accused from committing additional
crimes. The grant or denial of bail has no impact on the civil liability of the
accused.
Bail is guaranteed under the constitution. Sec 13, Art. III states,
“All persons, except those charged with offenses punishable by reclusion
perpertua when evidence of guilt is strong, shall, before conviction, be
bailable on sufficient sureties, 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. Excessive bail shall not
be required.”
BAIL IN THE MILITARY
Traditionally not recognized and not available. The right to speedy trial is
given more emphasis and the unique structure of the military made it an
exception to the general rule.
BAIL IN EXTRADITION PROCEEDING
Current jurisprudence (Hongkong v Olalia) permitted bail in extradition cases
upon showing:
(a) Applicant is not a flight risk or a danger to the community
(b) Special, humanitarian and compelling circumstances
Modern trend in international now place primacy on the worth of the
individual person and the sanctity of human rights. State’s power to detain is
limited to criminal proceedings. Respondents in administrative procedures
such as deportation have also been detained and allowed to bail. The court
finds no justification in disallowing bail in extradition cases.
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REMEDIAL LAW #ONLYBAREVER
JUVENILES ON NON-CAPITAL OFFENSES
This is the only time where mitigating circumstances are considered.
(Juvenile and Justice Act 2006)
An exception to the rule on non-bailability of offenses punishable by reclusion perpetua, life
imprisonment or death is when the accused is a minor since minority is a special mitigating
circumstance that allows the imposition of the penalty one degree lower than that
prescribed by law (Bravo v. Borja, 134 SCRA 466 [1985]), aside from the fact that RA9344,
otherwise known as the Juvenile Justice and Welfare Act of 2006, provides that every child
in conflict with the law (CICL) shall be entitled to bail and that the mitigating circumstance
of minority should be taken into consideration in the hearing for the petition for bail.
The court shall order:
(a) Release on recognizance to the parents or other suitable person
(b) Release of the CIL on bail
If unable to furnish bail, committed to the care of
DSWD
(c) Transfer of the youth to a detention home or youth
rehabilitation center.
CONDITIONS (Sec 2)
1. Effective upon approval and remain in force until promulgation of the
judgement in the TC
2. Accused shall appear whenever required
3. Failure of the accused to appear is waiver of his right to be present.
Trial will proceed in absentia
4. Bondsman shall surrender the accused for the execution of final
judgement
5. If the court finds that the accused may jump bail, the court may
impose additional conditions and not deny outright.
WHERE FILED (Sec 17)
IF CHARGED:
(a) Where the case is pending
(b) With any judge in the province, city or municipality in the
absence judge in (a)
(c) Where the accused is arrested/RTC of that place
(d) Any MTC judge
IF NOT YET CHARGED
(a) where he is held
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REMEDIAL LAW #ONLYBAREVER
FORMS OF BAIL
(a) Corporate surety
Furnished by a corporation licensed and authorized to
act as surety
(b) Property bond
Lien on the real property. Annotation shall be caused on
the title
(c) Cash deposit
Deposit to the CIR, municipal treasurer or clerk of court
recommended by the prosecutor or fixed by the court.
Judge is not authorized to receive cash deposit.
The money deposited shall also be applied to the
payment of fine and costs. Excess shall be returned
(d) Recognizance
Obligation on record entered into before the court with
the condition to do a particular act commonly being the
appearance of the accused in court
Violation of ordinance, light felony, does not exceed 6
mos or 2,000 fine
Person is in custody for a period equal to the minimum
imposable penalty without any application of ISLAW or
any modifying circumstance (or reduced bail)
Applied for probation
Youthful offender
Summary procedure
WITNESS POSTS BAIL
Material Witness
Needed to secure his appearance
If he refuse to post bail, he may be arrested (Sec 6, Rule 119)
BAIL NOT ALLOWED
1. Capital offense + evidence of guilt is strong
2. After a judgement of conviction is final (Bar Q)
3. After the accused commenced sentence (Bar Q)
WHEN MATTER OF RIGHT
GR: All persons in custody
MTC Before
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REMEDIAL LAW #ONLYBAREVER
After
RTC Before conviction
+
Not punishable by death, reclusion perpetua or life
sentence
The prosecution cannot adduce evidence for the denial of bail here because
it is a matter of right
o Where the accused was charged for murder without the benefit of a preliminary
investigation and trial had already began over his objections, the accused remains entitled
to be released on bail as a matter of right pending the preliminary investigation. Should
the evidence already of record concerning the guilt of the accused be, in the reasonable
belief of the prosecutor, strong, the prosecutor may move in the trial court for cancellation
of the bail. (Vide Tolentino v. Caano, Jr., 322 SCRA 559)
o If the prosecution is denied the opportunity to present, within a reasonable time, all
the evidence that it may want to introduce before the court may resolve the application for
bail, there would be a denial of due process, as a consequence of which, the court’s order
in respect of the motion or petition is void. (Carpio,[Link]. v. Maglalang, etc., [Link]. 196
SCRA 41).
o There is no need of bail in cases covered by the Rules on Summary Procedure
(Martinez vs. Paguio, 394 SCRA 287 [2002]).
WHEN MATTER OF DISCRETION
(a) After conviction in the RTC + punishment imposed is not capital
(b) Capital punishment + evidence of guilt is not strong (Sec 7)
(c) CIL charged with capital offense***
WHERE FILED [APPEAL]
1. TRIAL COURT - despite the filing of appeal if the original records are
not yet transmitted
2. APPELLATE COURT - if the decision is from non-bailable to bailable
BAIL TO BE DENIED AFTER RTC CONVICTION
1. After conviction of capital offense because guilt is already proven
beyond reasonable doubt
2. Penalty imposed exceeds 6 years, with notice to the accused on the ff:
o Recidivism, habitual delinquency and reiteration
o Previously escaped or violated conditions of bail
o Committed the offense while under parole, probation or
conditional pardon
o Probability of flight
o Undue risk that he may commit another crime during appeal
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REMEDIAL LAW #ONLYBAREVER
When granted, the accused shall be allowed to continue on provisional
liberty during the pendency of appeal under the same bail, subject to the
consent of the bondsman.
HEARING IN CAPITAL OFFENSES
The discretion of the court may only be exercised after the hearing called to
ascertain the degree of guilt of the accused for purposes of bail.
Hearing is therefore indispensable and mandatory even if the prosecution
does not object and recommends that bail be granted. The recommendation
of the prosecution is persuasive and should not bind the judge who must
render a finding in his own judgement. (Garcia v Infante)
It is summary or otherwise, in the discretion of the court. Notice must be
given to the prosecution. It is not the same hearing in determining probable
cause.
Evidence presented in the bail hearing are automatically reproduced at the
trial.
PROCEDURES
1. Notify prosecutor and require him to submit a resolution
2. Conduct hearing
3. Decide
a. Discharge
b. Deny bail
4. Within 48 hrs after the hearing, issue an order containing a brief
summary if the evidence adduced and the conclusion. This is not a
pre-judgement of the merits of the case.
The burden of proof rests with the prosecution to show that the evidence of
guilt is strong.
An order granting bail is merely interlocutory and cannot attain finality. (Bar
Question)
GUIDELINES IN FIXING AMOUNT
1. Excessive bail disallowed
The amount of bail should be high enough to ensure the presence of the
accused when so required, but no higher than is reasonably calculated to
fulfill the purpose. (Enrile vs SB, 2015)
2. Good of the public and the rights of the accused
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REMEDIAL LAW #ONLYBAREVER
Financial ability of the accused
Nature and circumstance of the offense
Penalty for the offense
Character and reputation of the accused
Age and health
Weight of the evidence
Probability of the accused appearing at trial
Forfeiture of other bail
That the accused was a fugitive
Pendency of other cases
If the accused does not have the financial ability to post bail, he may move
for its reduction.
The order fixing the amount of bail is NOT APPEALABLE.
BAIL WHEN NOT REQUIRED
1. When the law/Rules so provide
2. IMMEDIATELY if custody is equal to or more than the maximum
imposable imprisonment without prejudice to the continuation of the
trial.
For Destierro, 30 days.
NOTE: if custody is for minimum, recognizance only.
3. In cases under the MTC where no arrest was made but only summons
were issued
4. Subject to exceptions, light felonies, ordinances for an offense not
more than 6 mos imprisonment or fine not exceeding 2,000
INCREASE OR REDUCTION
1. Upon good cause
2. Within a reasonable period
The accused may be committed to custody if he does not give the bail in the
increased amount.
FORFEITURE AND CANCELLATION
If the presence of the accused is required by the court, the bondsman shall
be notified to produce him at a given time and date. Failure to appear of the
accused results in the FORFEITURE of the bail.
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REMEDIAL LAW #ONLYBAREVER
The bondsman is then given 30 days to:
(a) Produce the principal or give reason for his non-production
(b) Explain why the accused did not appear when first required
Failing in these 2 requisites, judgement shall be rendered against the
bondsman jointly and severally for the amount of the bail. The judgement
must be preceded by an order of forfeiture. The court shall not mitigate the
liability of the bondsman UNLESS the accused has been surrendered or
acquitted.
Aside from forfeiture, the court may also issue a BENCH WARRANT for the
arrest of the accused. It is a writ issued directly by a judge to a law
enforcement officer for the arrest of a person held in contempt, has
disobeyed a subpoena or has to appear at a hearing for trial.
CANCELLATION
1. Upon application of the bondsman
Surrender of the accused (for another crime)
Proof of death
2. Automatically
Acquittal
Dismissal
Execution of judgement
Circumstances present in section 5
Remedy for cancellation: Motion for review with the CA
APPLICATION NOT A BAR TO OBJECTIONS IN ILLEGAL ARREST, LACK
OF OR IRREGULAR PRELIMINARY INVESTIGATION
Provided that he raised them before entering his plea.
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