1. What is bail?

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 conditions. (Sec.1, Rule 114, Rules of Court) A. Discuss its purpose The purpose of requiring bail is to relieve an accused from imprisonment until his conviction and yet secure his appearance in trial. (Almeda vs. Villaluz) This also to honor the presumption of innocence until the guilt of the accused is proven beyond reasonable doubt and to enable him to prepare his defense without being subjected to punishment prior to conviction. While the general rule is that bail does not apply to a person who is not in custody of the law, the exception to this is that bail may also be required to guarantee the appearance of a material witness other than that of the accused. (Sec. 14, Rule 119, Rules of Court) B. Who are allowed to pose bail All persons in custody shall be admitted to bail as a matter of right. This rule applies to the following situation: (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court. (b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment. (Sec. 4, Rule 114, Rules of Court)

C. Those who are disqualified to post bail a. Bail may not be invoked by persons who are not yet in custody of the law since the rigoht to bail is only available to any person arrested, detained or otherwise deprived of his liberty, whether or not a criminal complaint has been filed against him. b. Persons charged with a capital offense, 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 the criminal prosecution. (Sec.7, Rule 114, Rules of Court) c. Bail shall not be allowed after a judgment of conviction has become final. (Sec. 24, Rule 114, Rules of Court)

d. Bail shall not be allowed after the accused has commenced to serve sentence. ( Sec. 24, Rule 114, Rules of Court) D. What is reclusion Perpetua Reclusion Perpetua is a penalty provided by the Revised Penal Code to certain felonies. Its duration is for 20 years and 1 day to 40 years. 2. Forms of bail Bail may be given in the following forms: a. Corporate surety b. Property bond c. Cash deposit d. Recognizance (Sec.1, Rule 114, Rules of Court) 3. What is recognizance Recognizance is an obligation of a record entered into before some court or magistrate duly authorized to take it, with the condition to do some particular act. It is an undertaking of a disinterested person with high credibility wherein he will execute an affidavit of recognizance to the effect that when the presence of the accused is required in court, the custodian will bring him to that court. If the accused does not appear despite notice to the custodian, or the person who executed the recognizance does not produce the accused, he may be cited for contempt of court. This is the remedy because no money is involved in recognizance. This is allowed for light felonies only. The accused may also be released on the recognizance of the accused himself. 4. What is a writ of habeas corpus? Discuss its purpose. The writ of habeas corpus is an order of court directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his caption and detention, to do, to submit to, and receive whatever the court or judge awarding the writ shall consider in his behalf. (Bouviers Law Dictionary) The principal purpose of the writ of habeas corpus is to relieve a person whose detention is without legal cause. To differentiate the writ of habeas corpus from the privilege of the writ of habeas corpus, the latter is the right to have an immediate determination of the legality of the deprivation of physical liberty and the right to inquire into all manners of involuntary restraint or detention. 5. Enumerate and discuss all the rights of an accused person (rights of the accused under investigation)

1. The person arrested, detained, invited or under custodial investigation must be informed in a language known to and understood by him of the reason for the arrest and he must be shown the warrant of arrest, if any; every other warnings, information or communication must be in a language known to and understood by said person; The following are the rights of an accused person under in-custody investigation as expressly enumerated in Section 12, Article III of the 1987 Philippine Constitution: 2. Any person under investigation for the commission of an offense shall have the right to be informed of his rights to remain silent, to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

3. No torture, force, violence, intimidation or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited;

4. Any confession or admission in violation of this or Sec. 17 (Self-Incrimination Clause) hereof shall be inadmissible in evidence against him; 5. The law shall provide for penal and civil sanctions for violation of this section as well as compensation to aid rehabilitation of victims of torture or similar practice, and their families ( Sec. 12, Article III, 1987 Philippine Constitution)

The rights enumerated in section 12, Article III of the Philippine Constitution are also called the Miranda Rights. These rights originated from a U.S. landmark case Miranda vs. Arizona and eventually made into a doctrine adopted by the US to protect its citizens from abuse while in custody. The Philippine copied these rights by expressly including it in our Bill of Rights. Under the first right, a person under custodial investigation must be warned that he has a right to remain silent and that any statement he makes may be used as evidence against him. By virtue of this right he may refuse to answer any question and his silence, may not be used against him that is, to use his silence as a presumption of his guilt. Under the right to have an independent and competent counsel, the accused must be informed that whether or not he has a lawyer, no custodial investigation in any form shall be conducted except in the presence of his counsel or after a valid waiver has been made. A lawyer called to be present during such investigation should be as far as reasonably possible, the choice of the individual undergoing questioning. If the lawyer were one furnished in the accused's behalf, it is important that he should be competent and independent, that is, he is willing to fully safeguard the constitutional rights of the accused, as distinguished from one who would merely be giving

a routine, peremptory and meaningless recital of the individual's constitutional rights. (People vs. Deniega, 251 SCRA 626) Example of counsels who are not independent are the following: (1) Special counsel, private or public prosecutor, counsel of the police, or a municipal attorney whose interest is adverse to that of the accused; (2) a mayor, unless the accused approaches him as counselor or adviser; (3) a barangay captain; (4) any other whose interest may be adverse to that of the accused (People vs. Tomaquin, GR 133188, July 23, 2004); The rights against torture and the likes are strengthened by the passage of the Anti torture Act of 2009. It was enacted to curb and punish torture (physical and mental) and other cruel, inhuman and degrading treatment or punishment inflicted by a person in authority or agent of a person in authority upon another person in his/her custody. Self-incriminating evidence may not also be admitted against the accused. That is, admissions of guilt or confession of the accused during custodial investigation to be admissible as evidence against the accused must be voluntary, made with the assistance of competent and independent counsel, express and in writing.

6. What do you mean by arraignment Arraignment is the formal mode and manner of implementing the constitutional right of an accused to be informed of the nature and cause of the accusation against him. (People vs. Pangilinan, 518 SCRA 358, March 14, 2007). It is an indispensable requirement of due process. It consists of the judges or the clerk of courts reading of the criminal complaint or information to the defendant. At this stage the accused is granted, for the first time, the opportunity to be officially informed of the nature and the cause of the accusation. (People vs. Espinosa, 409 SCRA 256).

7. What is trial by absentia? Is it allowed by the constitution? (trial in the absence of the accused) Trial in absentia means trial while the accused is not present in court. It is only allowed by the constitution if first, the accused has already been arraigned, second the accused has been duly notified of the trial or hearing and third the absence of the accused or his failure to appear is unjustified.