Review on the 2000 Revised Rules on Criminal Procedure 2002 Edition <draft copy; pls.

check for errors>

Rule 114 BAIL Q: Define Bail. A: Under Section 1:

Rule 114 Bail

SECTION 1. Bail defined. Bail is the security given f r the release f a !ers n in cust "y f the la#$ furnishe" %y hi& r a % n"s&an$ t guarantee his a!!earance %ef re any c urt as re'uire" un"er the c n"iti ns hereinafter s!ecifie". Bail &ay %e given in the f r& f c r! rate surety$ !r !erty % n"$ cash "e! sit$ r rec gni(ance. )1a* Ano ba yang bail? Pyansa! As a general rule, once a case is filed in court and there is probable cause, the udge !ill issue a !arrant. So sa presohan "a. Paano yan because you are still presu#ed innocent? Ang ta!ag diyan is preventive detention. $hat is !hy if you are con%icted, that is already credited as ad%anced ser%ice under Article &' of the (e%ised Penal )ode. But that !ill be too tedious. *ou are already detained, and you are still presu#ed innocent. $he remedy is you apply for bail + you post bail + because bail is, as a rule, a constitutional right. Q: And !hat is the pri#ary purpose of bail? A: A#erican urisprudence says the purpose of bail is ,a- to co#bine the ad#inistration of cri#inal ustice !ith the con%enience of a person accused but not yet pro%en guilty. ,b- to relie%e the accused of i#prison#ent, and the State of burden of "eeping hi#, pending trial. ,/ A#. 0ur. /1)an you i#agine !ithout the pro%ision on bail? $here !ill be thousands of people !ho are already in ail and all at the e1pense of the go%ern#ent. So, !e ha%e to co#bine these t!o + the con%enience of the accused and the con%enience of the State. 2o!, let us go to so#e political la! basic 3uestions: 4hen there is in%asion or rebellion, the )onstitution authori5es the )o##ander67n6)hief to suspend the pri%ilege of the !rit of habeas corpus. *ou can be arrested on suspicion that you are engaged in rebellion e%en if there is no !arrant and there is no case. Q: Are you entitled to bail? Does the suspension of the pri%ilege of the !rit of habeas corpus also carry !ith it the suspension of the right to bail? A: $hat issue bugged the Supre#e )ourt se%eral ti#es prior to the 1'89 )onstitution !here the S) ga%e conflicting ans!ers. 7n the case of NAVA VS. GATMAITAN, ,': Phil. 19&- the S) said, *es, he is entitled to bail once the case has been filed in court. At least ; out of ' ustices said that. <ery close fight! =nce the case is filed in court, the right to bail can be a%ailed of. So, the right to bail is different fro# the suspension of the pri%ilege of the !rit of habeas corpus. But !hen that issue ca#e out during the #artial la! regi#e, the S) ga%e a different ans!er eh. So, that issue ca#e out again in the case of BUSCAYN VS. MI!ITA"Y C MMISSI N ,1:' S)(A &9>-, GA"CIA# $A%I!!A VS. &N"I!& ,1&1 S)(A ?9&-. 7s there a right to bail !hen the pri%ilege of the !rit of @abeas )orpus is suspended? Ang sabi ng Supre#e )ourt, 2=! because the go%ern#entAs ca#paign to suppress rebellion #ight be ineffecti%e. )aptured rebels, !ould no doubt re oin their co#rades in the field and eopardi5e the success of the go%ern#ent efforts to end the rebellion. $hat sounds logical. 0ust i#agine, !hy are you suspending the pri%ilege of the !rit? $o arrest suspected rebels. Pag naaresto, and then entitled to bail, bali" na na#an sila sa #ga "asa#a nila! Anong "laseng ca#paign ito? $hat is the reasoning in the case of B'()ayno and $on)e &nrile. 7 thin" that debate is already #oot and acade#ic. $here is no! a direct pro%ision in the )onstitution, Article > Section 1> !hich says that the right to bail e1ists and is not suspended by the suspension of the pri%ilege. $alagang settled na. Another interesting case on bail. $hese are the cases that cropped up after the 1'8' coup dA etat atte#pt

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Rule 114 Bail

against )ory A3uino because so#e of the (AB suspects !ere detained. Bany of the# !ere detained because of court #artial charges. $hey are charged for %iolating #ilitary la! pero na"a"ulong sila. So#e of the# applied for bail. Q: Are the sa#e #ilitary officers facing charges before a court #artial entitled to bail? A: 7n C MM&N%A% " VS. %& VI!!A ,&:: S)(A 8:- the S) said: 2=, Cthe right to bail has traditionally not been recogni5ed and it is not a%ailable in the #ilitary as an e1ception to the general rule as e#bodied in the Bill of (ights.D $here is no such thing as bail in the #ilitary. So, thatAs an e1ception to the general rule. C$he right to speedy trial is gi%en #ore e#phasis in the #ilitary !here the right to bail does not e1ist.D $he dissenter in the case of Commendador is Abraha# Sar#iento. Diyan #o #a"i"ita pagiging hu#anitarian la!yer niya. During the ti#e of Barcos he hates the #ilitary *+i#l',ot (i+'ro (iya-. But he !as the one !ho said that they are entitled to bail *nalamian (i+'ro (iya- because sabi niya, Caccording to the #a ority the right to bail has traditionally hot been recogni5ed in the #ilitary. 7A%e been loo"ing in the bill of rights and 7 cannot find that e1ception. 4here did the #a ority get that? *ou #ean to tell #e the #ilitary before are not citi5ens of the Philippines any#ore?D According to 7sagani )ru5 !ho is the ponente in that case, C$hey are not entitled to bail as a #atter of tradition in the #ilitary!D Sar#iento: C2o! 4e are a go%ern#ent of la!s, not a go%ern#ent of traditions.D Bag6isa lang siya, !ala siyang naga!a. P(=BEFB: $ato is charged !ith a capital cri#e. So, no bail. Aya! #ag6surrender. Gusto niya bail #una bago surrender. ,Any!ay, e%en if you are charged !ith a capital cri#e, you can file a petition for bail.- But he got a la!yer and the la!yer filed a petition for bail in his behalf. Q: 7n this case, can $ato apply for bail? A: 2=. $he S) said, 4e cannot entertain the petition for bail because $ato is not in custody! Si#ple: !hat is the definition of bail? .Se)'rity +iven for t/e relea(e of a per(on in )'(tody of la0.1 *ou are e%en at large then youAre as"ing for bail? Surrender first bago "a #a"ahingi ng bail. ,Barigbasa %s. Euna, '8 Phil. ?//. Heliciano %s. Pasicolan, 0uly >1, 1'/1Q: 4hat do you #ean by Cin )'(tody of la0D? A: .In )'(tody of la01 #ay #ean 1. physical or actual custody. or &. constructi%e custody. ,Panderanga %s. )A, &?9 S)(A ?1+AN,ERAN-A v(. CO.RT O/ A++EALS 041 SCRA 411 /ACTS2 $his case originated in )D=. $he accused !as charged of #urder + non6bailable. So, aya! niyang #agpahuli. Pero actually, he !ants to face the case pero dapat lang #ay bail. Pero proble#a niya ho! can he file a petition for bail !hen you are not e%en in custody? ,7n custody, you ha%e to surrender or you #ust be arrested. Iaya nga aya! niya yun eh. As #uch as possible, pag6 surrender niya, #eron ng bail. $hen !hat happened?- @e entered the hospital, #ay sa"it da! and then his la!yer filed a petition for bail before the ($), C4e are appearing for the accused for his petition for bail. 4e !ould li"e to #anifest that he is right no! in the hospital. 4ill you please consider hi# already in the custody of the court?D Sabi ng court, CJSure!K =I, letAs proceed.D ISS.E2 7s the accused already in custody? )an the court entertain his petition for bail e%en if he !as not arrested, and the la!yer said he !as in the hospital and the court ne%er bothered to as" a police#an to go there, chec", %erify, bantayan #o yung hospital until he gets !ell? 3EL,2 *FS, he is already in the )=2S$(U)$7<F custody of the la!. C7t #ay be conceded that he had indeed filed his #otion for ad#ission to bail before he !as actually and physically placed under arrest. @e #ay, ho!e%er, at that point and in the factual a#bience thereof, be considered as being constructi%ely and legally under custody. $hus, in the li"e!ise peculiar circu#stances !hich attended the filing of his bail application !ith the trial court, for purposes of the hearing thereof he should be dee#ed to ha%e %oluntarily sub#itted his person to the custody of the la! and, necessarily,

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Rule 114 Bail

to the urisdiction of the trial court !hich thereafter granted bail as prayed for. $he undeniable fact is that Panderanga !as by then in the constructi%e custody of the la!. Q: 4hat are the types of bail? A: $here are four ,?- types of bail under Section 1: 1. )orporate surety. &. Property bond . >. )ash deposit. and ?. (ecogni5ance. Q: 4hat are the conditions of a bail? A: Section &: SEC. 0. Condition( of t/e ,ail2 re3'irement( . All 4in"s f %ail are su%5ect t the f ll #ing c n"iti ns2 )a* The un"erta4ing shall %e effective u! n a!!r val$ an" unless cancelle"$ shall re&ain in f rce at all stages f the case until !r &ulgati n f the 5u"g&ent f the Regi nal Trial C urt$ irres!ective f #hether the case #as riginally file" in r a!!eale" t it6 )%* The accuse" shall a!!ear %ef re the !r !er c urt #henever re'uire" %y the c urt f these Rules6 )c* The failure f the accuse" t a!!ear at the trial #ith ut 5ustificati n an" "es!ite "ue n tice shall %e "ee&e" a #aiver f his right t %e !resent thereat. In such case$ the trial &ay !r cee" in a%sentia6 an" )"* The % n"s&an shall surren"er the accuse" t the c urt f r e7ecuti n f the final 5u"g&ent. The riginal !a!ers shall state the full na&e an" a""ress f the accuse"$ the a& unt f the un"erta4ing an" the c n"iti ns re'uire" %y this secti n. +h t gra!hs )!ass! rt si(e* ta4en #ithin the last si7 )8* & nths sh #ing the face$ left an" right !r files f the accuse" &ust %e attache" t the %ail. )0a* Q: So, for e1a#ple in the B$), you are arrested, natalo "a, you !ill appeal. @o! about pag6appeal #o sa ($), !hat !ill happen to your bail? A: $uloy6tuloy pa rin yan because under paragraph JaK, your bail is effecti%e up to the ($). Q: Another e1a#ple: na6con%ict "a sa ($) and you !ant to go to the )A, are you still entitled to bail? A: $he ans!er is BA*BF. $his is one instance !here bail is discretionary. Q: But assu#ing that the court !ill say, C=I, you are entitled to bail on appeal.D 4hat happens no! to your bail? A: $he GF2F(AE (UEF is you get another bail bond because your bail is only up to the le%el of the ($). $his is bac" to the 1'/? rules. 7n the 8; (ules, iba na#an + the bail is tuloy6tuloy up to the )A. 2o!, ($) le%el lang. *ou ha%e to as" for another bail bond if you !ant to go further to the )A. So, itAs bac" to the /? rules Lno? Q: Paragraph JbK + you !ill appear before the proper court !hene%er re3uired by the court or these rules. 2or#ally, !hen is a person re3uired by the court to appear? A: Generally, A((A7G2BF2$ or P(=BUEGA$7=2 lalo na pag con%icted "a. But there are others for e1a#ple, letAs read (ule 11; Section 1 JcK: 9)c* T %e !resent an" "efen" in !ers n an" %y c unsel at !r cee"ings$ fr & arraign&ent t !r &ulgati n f the 5u"g&ent. h #ever$ #aive his !resence at the trial !ursuant t the sti!ulati ns unless his !resence is s!ecifically r"ere" %y the c urt f r !ur! ses 7 7 7 7: every stage f the The accuse" &ay$ set f rth in his %ail$ f i"entificati n. 7 7

$hat is one instance !here the court #ay re3uire his presence. @is presence there is not a pri%ilege but an

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obligation.

Rule 114 Bail

Q: 2o! supposed you failed to appear in court !ithout ustification. Ei"e for e1a#ple, you escaped, you u#ped bail and disappeared? 4hat !ill happen to the case? A: $uloy pa rin according to paragraph JcK because that !ould be a !ai%er of your right. Q: Anong ta!ag niyan? A: $(7AE 72 ABSF2$7A pursuant to Section 1?, &nd paragraph, Article & of the )onstitution. Q: A bail bond re3uired the bonds#en to pay the fine of the accused, in addition to the usual condition. 7s this additional condition %alid? A: 2=. $he additional condition is %oid because it #ade the obligation of the bonds#en #ore onerous, in %iolation of the constitutional pro%ision that no e1cessi%e bail shall be re3uired #ay not i#pose additional conditions because it #ight pre%ent or render it i#possible for the accused to secure his liberty during the trial. ,Bandoy %s. )H7 of Eaguna, 1? Phil. /&:Q: A condition in a bail bond states that the sureties do not underta"e to deli%er the person of the accused if the reading of the sentence is postponed to a later date, nor do they consent to such e1tension. 7s this condition %alid? A: *FS, the condition is %alid, because it is not contrary to la! or public policy, and, besides, it lightens the obligation of the bonds#en, !hich is allo!able. )onditions restricting liability on the bond !hen accepted by the court and not contrary to public policy are %alid. ,People %s. 4ong Pun, ?8 Phil. 91>SEC. ;. No relea(e or tran(fer e4)ept on )o'rt order or ,ail . N !ers n un"er "etenti n %y legal !r cess shall %e release" r transferre" e7ce!t u! n r"er f the c urt r #hen he is a"&itte" t %ail. );a* 2o!, !e go to these i#portant issues on bail: 1. 4hen bail is a #atter of right. &. 4hen bail is discretionary. >. 4hen bail is not a%ailable. As a general rule, bail is a #atter of right. $hat is a constitutional right. And Section ? tells us !hat are the instances !hen bail is a #atter of right. BAIL AS A <ATTER O/ RI-3T M: 4hen is bail a #atter of right? A: Section ?: SEC. 4. Bail, a matter of ri+/t2 e4)eption. All !ers ns in cust "y shall %e a"&itte" t %ail as a &atter f right$ #ith sufficient sureties$ r release" n rec gni(ance as !rescri%e" %y la# r this Rule )a*%ef re r after c nvicti n %y the <etr ! litan Trial C urt$ <unici!al Trial C urt$ <unici!al Trial C urt in Cities$ r <unici!al Circuit Trial C urt$ an" )%* %ef re c nvicti n %y the Regi nal Trial c urt f an ffense n t !unisha%le %y "eath$ reclusi n !er!etua$ r life i&!ris n&ent. )4a* Q: So you are charged in the B$). no con%iction yet. So you are still an innocent. Are you entitled to bail? A: *es, as a #atter of right. Q: Suppose you ha%e been con%icted already, found guilty by the B$), #aybe sentenced to & years i#prison#ent but you !ould li"e to appeal to the ($). 4hile your appeal is going on, can you still post bail? A: *FS. 4hether it is before or after con%iction by the B$), bail is a #atter of right.

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Rule 114 Bail

Q: But suppose you are charged in the ($), for e1a#ple ho#icide punishable by reclusion te#poral, are you entitled to bail? A: *FS, it is also a #atter of right. Hor as long as the prescribed penalty is not life i#prison#ent, perpetua or death, it is a #atter of right. So, up to reclusion te#poral it is a #atter of right. So based on the pro%ision of la!, let us try to outline + Q: 4hen is bail a #atter of right: A: Bail is a #atter of right + 1. Before con%iction by the B$), B$), or B)$) ,Section ? JaK-. &. After con%iction by the B$) ,Section ? JaK-. >. Before con%iction by the ($) of an offense not punishable by death, reclusion perpetua or life i#prison#ent ,Section ? JbK?. Before con%iction by the ($) of an offense punishable by death reclusion or life i#prison#ent !hen e%idence of guilt is not strong. ,People %s. Donato, infraUnder the la!, !hen a person charged in court for e1a#ple #urder, non6bailable #an yan ba. 4hat is the procedure under Section 8 if he !ants to post bail? @e #ust file an application or petition for bail. And that is !hen the prosecution !ill ha%e to present e%idence i##ediately to pro%e that the e%idence of guilt is strong. Q: Suppose after hearing for the petition for bail, the court is con%inced that the e%idence of guilt is not strong and the court said so, !hat happens no! to bail? A: Bail beco#es a #atter of right. ,People %s. Donato, 1'8 S)(A 1>:+EO+LE v(. ,ONATO 1'8 S)(A 1>: @FED: C7f the offense charged is punishable by death, reclusion perpetua or life i#prison#ent, bail beco#es a #atter of discretion. 7t shall be denied if the e%idence of guilt is strong. $he courtNs discretion is li#ited to deter#ining !hether or not e%idence of guilt is strong. But once it is deter#ined that the e%idence of guilt is not strong, bail also beco#es a #atter of right.D BAIL AS A <ATTER O/ ,ISCRETION M: 4hen is bail discretionary? Beaning, the court #ay grant bail or #ay not grant bail. A: Section ;: SEC. =. Bail, 0/en di()retionary. .! n c nvicti n %y the Regi nal Trial C urt f an ffense n t !unisha%le %y "eath$ reclusi n !er!etua$ r life i&!ris n&ent$ a"&issi n t %ail is "iscreti nary. The a!!licati n f r %ail &ay %e file" an" acte" u! n %y the trial c urt "es!ite the filing f a n tice f a!!eal$ !r vi"e" it has n t trans&itte" the riginal rec r" t the a!!ellate c urt. 3 #ever$ if the "ecisi n f the trial c urt c nvicti n the accuse" change" the nature f the ffense fr & n n>%aila%le t %aila%le$ the a!!licati n f r %ail can nly %e file" #ith an" res lve" %y the a!!ellate c urt. 7777 Q: Supposed you are charged !ith ho#icide. $he #a1i#u# penalty there is te#poral. *ou are con%icted. $he court found you guilty of ho#icide. 7t sentenced you to &: years i#prison#ent and you !ould li"e to appeal. )an you as" for bail? A: *FS. M: 4hat !ill the court do? A: $he court #ay or #ay not grant. *an ang discretion. 2o!, the second sentence is ne!:

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Rule 114 Bail

The a!!licati n f r %ail &ay %e file" an" acte" u! n %y the trial c urt "es!ite the filing f a n tice f a!!eal$ !r vi"e" it has n t trans&itte" the riginal rec r" t the a!!ellate c urt. 5Se)tion 6, fir(t para+rap/, (e)ond (enten)e7 $his is a re%ersal of a ruling in the case of O<OSA v(. CO.RT O/ A++EALS 088 SCRA 0?1, 0anuary 1/, 1''9 /ACTS2 $he court con%icted the accused for ho#icide. So te#poral. $he accused said: C*our honor, !e intend to appeal this case but #ay !e be as"ed to post bail !hile the appeal is going on. $he court said, CGranted! Jdiscretionary #an!K. 4e !ill fi1 your bail at P;:,:::.D $!o days before, the accused filed a notice of appeal. After filing the notice of appeal, he applied for bail !hich !as appro%ed by the court. ISS.E2 )an the court appro%e the bail? 3EL,2 2=, because !hen the accused filed his notice of appeal, fro# that %ery #o#ent the court has lost urisdiction o%er the case. Dapat, inuna #una yung appro%al of bail bago #ag6file ng notice of appeal. 4hen the court fi1ed the bail, he has #ust not yet filed his notice of appeal, so the court has the po!er to fi1 the bail. $he trouble is he i##ediately filed a notice of appeal bago niya ging6post ang bail. So the court has no #ore urisdiction to appro%e the bail. 7t should ha%e been appro%ed by the )ourt of Appeals. $hat is the ruling in the mo(a. =b%iously, the S) !anted to change it. $he application for bail #ay still be filed and acted upon by the trial court despite the filing of a notice + that is a #odification of the mo(a ruling + Pu!ede, pro%ided it has not trans#itted the original record. Based on the mo(a ruling, once the notice of appeal is filed, the trial court has no #ore urisdiction to act on the application for bail. But 2=4 under the 2F4 (UEFS, pu!ede pa e%en if there is already a notice of appeal on the )ondition that the records are still !ith the ($). 7f the records are already in the appellate court, you better apply for bail before the )ourt of Appeals. 2o! the ne1t sentence 3 #ever$ if the "ecisi n f the trial c urt c nvicti n the accuse" change" the nature f the ffense fr & n n>%aila%le t %aila%le$ the a!!licati n f r %ail can nly %e file" #ith an" res lve" %y the a!!ellate c urt. )Secti n =$ first !aragra!h$ last sentence* $his is also a recognition and #odification of the ruling of =#osa %s. )A, ('pra. 7n the case of mo(a, the accused !as charged !ith #urder + non6bailable. But after the trial the court con%icted hi# only for ho#icide, a lesser offense. And ho#icide is bailable + discretionary in the court. 7f he !as con%icted for #urder, !ala talagang pag6asa. But he !as con%icted for ho#icide. So he applied for bail. And the court granted the bail. And the S) said the trial court should not grant bail because the accused is appealing. Hor all you "no! on appeal, the appellate court #ay reinstate the original charge for #urder because !hen you appeal, the !hole case is open for re%ie!. So, because of the possibility that the penalty of #urder !ould be i#posed, then there should be no bail. $hat !as the ruling of mo(a v(. CA. 2o!, of course it is no! #odified in the sense that, bail could be granted in that situation because he !as charged !ith a non6bailable offense but found guilty of bailable offense. @o!e%er, if there is any court !hich should grant the bail, it should be the )A and not the trial court. So these are ne! pro%isions !hich !ere so#eho! ta"en fro# the ruling in mo(a !hich is also no! #odified. $hat is the history of that pro%ision. Alright. 2o! let us go to the second paragraph:

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Rule 114 Bail

Sh ul" the c urt grant the a!!licati n$ the accuse" &ay %e all #e" t c ntinue n !r visi nal li%erty "uring the !en"ency f the a!!eal un"er the sa&e %ail su%5ect t the c nsent f the % n"s&an. )Secti n =* $hat is #ore or less an e1ception to Section &JaK that !e already discussed. 4hen you are charged in the ($) and you post bail, the bail is good up to !hen? $he bail is only %alid in the ($). 7f you !ant to appeal, and the court grants bail on appeal, you ha%e to post another bail. But this pro%ision grants the court the authority to say, CAlright, your bail !hich you posted here !ill continue.D 2asa court yan "ung gustong ipatuloy. Pu!ede rin yun. =". 4e !ill continue, sub ect to the consent of the bonds#an. $hat is no! the condition. $he bonds#an #ay say, CDeli"ado na ito, ba"a #a6con%ict na ito. Ba#aya ba"a lu#ayas na ito at tu#a"bo, patay na a"o. A"o ang #agbabayad.D Alright, let us go no! to the ne1t sentence: If the !enalty i&! se" %y the trial c urt is i&!ris n&ent e7cee"ing si7 )8* years$ the accuse" shall %e "enie" %ail$ r his %ail shall %e cancelle" u! n a sh #ing %y the !r secuti n$ #ith n tice t the accuse$ f the f ll #ing r ther si&ilar circu&stances2 )a* That he is a reci"ivist$ 'uasi>reci"ivist$ r ha%itual "elin'uent$ r has c &&itte" the cri&e aggravate" %y the circu&stance f reiterati n6 )%* That he has !revi usly esca!e" fr & legal c nfine&ent$ eva"e" sentence$ r vi late" the c n"iti ns f his %ail #ith ut vali" 5ustificati n6 )c* That he c &&itte" the ffense #hile un"er !r %ati n$ !ar le$ r c n"iti nal !ar" n6 )"* That the circu&stances f his case in"icate the !r %a%ility f flight if release" n %ail6 r )e* That there is un"ue ris4 that he &ay c &&it an ther cri&e "uring the !en"ency f the a!!eal. The a!!ellate c urt &ay$ & tu !r !ri r n & ti n f any !arty$ revie# the res luti n f the Regi nal Trial C urt after n tice t the a"verse !arty in either case. )=a* Alright. Eet us go bac" to the basic: 4hat is the urisdiction of the ($)? $he penalty is / years and 1 day up to death. 7f the penalty is pri(ion mayor to re)l'(ion temporal J/ yrs and 1 day to &: yearsK yan, sa phrase na yan, bail could be granted on appeal but it is discretionary. @o!e%er, e%en if the bail is granted the prosecution tells the court, .8'd+e, t/i( +'y 0a( fo'nd +'ilty of /omi)ide and yo' +rant ,ail. I,a pala ito e/ ,e)a'(e /e i( a re)idivi(t, or et) or any of t/e )ondition( mentioned in *a- 9 *e-, D the court !ill no! cancel the bail. So bail is discretionary pro%ided it !ill not fall under JaK, JbK, JcK, JdK, or JeK. *ou are a recidi%ist. you are habitual delin3uent. you ha%e pre%iously escaped fro# a confine#ent. you ha%e co##itted an offense !hile under probation, parole or conditional pardon. or !hen the circu#stances of the case indicates the probability of flight ,there is a ris" ba!-. or there is an undue ris" that the you #ight co##it another cri#e during the pendency of the appeal, the court !ill not grant the bail. $he discretion there !ill not be in your fa%or. 7f the court has already granted, the bail !ill be cancelled. $a"e note of that. Q: 4hen is bail discretionary? A: Based on that pro%ision, after con%iction by the ($) of an offense not punishable by death, reclusion perpetua or life i#prison#ent, provided the case does not fall under Section ;, third paragraph JaK6JeK of the sa#e la! because once the case falls under any of these, no bail e%en if it is a #atter of discretion. $a"e note of the second instance + bail as a #atter of discretion. $he first instance is !hen bail is a #atter of right + Section ?. 4hen is bail discretion + Section ;. *ung Section ?, !alang proble#a, that is absolute e%en if you are a recidi%ist.

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Rule 114 Bail

)ASF: $he accused !as charged !ith ho#icide, there !as no con%iction yet. And then bail. @e u#ped bail + lu#ayas! But he !as arrested again. 4hen arrested apply na na#an for bail. Binigyan na na#an ng bail. After a fe! #onths, layas na na#an. @e escaped again. 2ahuli na na#an. And then he applied for bail for the third ti#e. $his ti#e, sabi ng udge, CAya! "o na. Because of your character, di na pu!ede for u#ping bail t!ice already. 7 !ill not grant you bail.D And he 3uestioned it before the court. 7s the denial of bail correct because of the past record of the accused? $he S) said 2= because the bail is a #atter of right. @e falls under Section ? there. 4ala pang con%iction. F%en if he u#ps bail 1:: ti#es you cannot deny hi# bail for as long as the cri#e is not punishable by perpetua to death. ,Sy Guan %s. A#paro, 9' Phil. /9:. People %s. Alano, 81 Phil. 1'Q: 4hat is the re#edy to this "ind of accused? (e#edy? A: $aasan #o ang bail. So #ag"ano bail #o dati? P>:,:::? Alright, ngayon P9:,::: na! $ingnan natin "ung tata"bo pa yan. *p't'lin :aya an+ paa;- Pre%ious abscondence or escape is not a ground for the denial of the bail. it #erely gi%es the court discretion to increase the a#ount of the bond as !ill reasonably tend to assure the presence of the accused. ,Sy Guan %s. A#paro, 9' Phil. /9:. People %s. Alano, 81 Phil. 1'2o!, 7 a# a#used by !hat happened in Section ;. Did you hear the pro#ulgation of the "o,illo )a(e one #onth ago? 7 donAt "no! ho! #any !ere con%icted. 7 thin" > or #ore !ere con%icted. =ne of the# is a radio#an. 7 "no! !here he hangs around. =ne day before the pro#ulgation, he is no longer hanging around. @e disappeared already, na6a#oy na niya siguro. So#e !ere #ilitary #en. $hey !ere con%icted. At least one of the# !as ac3uitted. Bany !ere con%icted. $he penalty !as re)l'(ion perpet'a. And after the trial e%erybody left, including the con%icted accused. 7 !as %isiting the ail the follo!ing day. $he !arden !as telling #e, C4hat happened to this case? Since yesterday !e !ere e1pecting the con%icted person to be brought here. )on%icted eh.D So 7 as"ed the fiscal "ung anong nangyari dyan because fro# !hat !e "no!, if you are found guilty for #urder, for e1a#ple, and sentenced to re)l'(ion perpet'a on the spot, you !ill be sent to ail. .Te:a m'na< =indi pa final y'n+ )onvi)tion<1 2e%er #ind! *ou can appeal but you are no! detained indefinitely. 4ala nang labas labas Lyan. Hro# the court roo#, diretso "a na sa ail. .B't t/e >'d+ment i( not yet final;1 But thereAs already the udg#ent of con%iction. F%en !hen thereAs still no of con%iction, !hen the e%idence of guilt is strong, your bail !ill be denied. F%en in the #iddle or at the start of the case, if the e%idence of guilt is strong, bail !ill be denied lalo na "ung capital punish#ent. @o! #uch #ore here !hen there is already a udge#ent of con%iction?! Eogic! si#ple logic. And the branch cler" of court, 7 thin" you "no! her + Atty. Borales. She called #e up in the office. Sabi niya, CAnong nangyari dito? di ba !alang bail yan?D. Sabi "o C*esD. 7 !onder ba"it !alang bail. Ba"it hindi i"inancel? Iailangan da! i6cancel pa ang bail. $hat !as !hat the udge said. Sabi "o, 2=! $he bail is auto#atically cancelled. $hat is !hat 7 said so. Sabi niya ,cler" of court-, C7 !as pointing to the udge Section ;. Fh sabi niya , udge-, L2o. Bail is discretionary because of this paragraph > + if the penalty i#posed by the trial court is i#prison#ent e1ceeding / years the accused should be denied bail or bail should be cancelled upon sho!ing by the prosecution !ith notice of the accused of the follo!ing. $herefore, bail could be granted because the penalty is e1ceeding / years.AD $hat i#plies that bail is discretionary because in Section ;, the heading is CBail, !hen discretionaryD so hindi cancelled. 7 said, C$ingnan #o ang opening paragraph of Section ; + upon con%iction of the ($) of an offense not punishable by death, perpetua or life i#prison#ent, ad#ission to bail is discretionary. So itong paragraph >, upon / years but less than perpetua. So up to &: years. 4e ha%e to connect paragraph > !ith the first paragraph. Sabi niya ,cler" of court-, C$his is !hat 7 "no! eh. Since 7 a# ne! in this ob. 7 cannot insist.D Dean 7: CSabihin #o sa udge na nag"a#ali sya. A"o ang nagsabi.D And after & days, pinacancel niya , udge-. 7A%e tal"ed that udge. @e !as #y friend personally. 4hen 7 see hi# sabi "o nag"a#ali "a #an dun ba. Dapat yun, on the spot. $hatAs !hy e%erybody is !ondering ba"it na"aganun yun. 4ell, that !as his first e1perience !ith a capital heinous cri#e. Dio siya naiiba eh. @eAs not used to trying this "ind.

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*ung sasabihin #ong bail #ay continue + that assu#es that the penalty is abo%e / years but not #ore than &: years. Pag naging perpet'a, !ala na. *ung !ala pang con%iction bail could be denied, lalo na pag #ay con%iction na! $he e%idence of guilt is no! strong! 7tAs si#ple logic. $hat is !hy this pro%ision !ill be tric"y if !e do not "no! ho! to interpret this rule. @3EN BAIL IS ,ENIE, SEC. 8. Capital offen(e defined. A ca!ital ffense is an ffense #hich$ un"er the la# e7isting at the ti&e f its c &&issi n an" f the a!!licati n f r a"&issi n t %ail$ &ay %e !unishe" #ith "eath. )8a* $a"e note that the cri#e is punishable by DFA$@ not only at the ti#e of its co##ission but also at the ti#e of the application for bail. $he la! uses the con unction .and.1 ).f. (A 9/;' gi%es us a list of capital offenses. SEC. 1. Capital offen(e or an offen(e p'ni(/a,le ,y re)l'(ion perpet'a or life impri(onment, not ,aila,le. N !ers n charge" #ith a ca!ital ffense$ r an ffense !unisha%le %y reclusi n !er!etua r life i&!ris n&ent$ shall %e a"&itte" t %ail #hen evi"ence f guilt is str ng$ regar"less f the state f the cri&inal !r secuti n. )1a* $his #eans if the accused is charged !ith a cri#e !hich is punishable by death, re)l'(ion perpet'a, or life i#prison#ent, there is 2= BA7E e%en at the start of the trial or e%en before udg#ent of con%iction, pro%ided that the t!o ,&- conditions are present. .444 re+ardle(( of t/e (tate of t/e )riminal pro(e)'tion.1 Beaning, 2= BA7E before con%iction. Ealo na pag after con%iction! $hatAs !hy 7 told ,Atty.- F%alyn Borales na ipa"ita #o Jsa udgeK yung Section 9 + C111 regardless of the state of cri#inal prosecution.D *ou already found hi# guilty beyond reasonable doubt and sentenced hi# to perpet'a, hu!ag #o sabihing ?t/e eviden)e of +'ilt i( not (tron+@< @o! co#e you con%ict hi#?! *aan! 2o!, this is !here lalabas yung application for bail + Section 8: SEC. ?. B'rden of proof in ,ail appli)ation . At the hearing f an a!!licati n f r %ail file" %y a !ers n #h is in cust "y f r the c &&issi n f an ffense !unisha%le %y "eath$ reclusi n !er!etua$ r life i&!ris n&ent$ the !r secuti n has the %ur"en f sh #ing that evi"ence f guilt is str ng. The evi"ence !resente" "uring the %ail hearing shall %e c nsi"ere" aut &atically re!r "uce" at the trial %ut$ u! n & ti n f either !arty$ the c urt &ay recall any #itness f r a""iti nal e7a&inati n unless the latter is "ea"$ utsi"e the +hili!!ines$ r ther#ise una%le t testify. )?a* Arestado "a, na"ulong "a. Under the la!, !hat is the procedure? *ou file an application for bail. And once an application for bail is filed, it is no! BA2DA$=(* for the court to conduct a hearing for the prosecution to present e%idence to pro%e that the guilt is strong, not guilt beyond reasonable doubt because the latter is con%iction na yan! Ang ibig sabihin niyan, #ag6sa#ple "a lang. *ou present so#e of the !itnesses but not all. Sa#ple6an #o lang ba. Parang preli#inary in unction ba! *ou present so#e of your e%idence. after that, the court !ill no! consider !hether the e%idence of guilt is strong or not strong. Fither !ay the court !ill grant bail or deny bail + tuloy pa rin ang trial! *aan! Q: 4hat happens no! to those !itnesses? Bali" na na#an sila sa trial?

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Rule 114 Bail

A: 2=. Under Section 8, the e%idence recei%ed during the bail hearing is auto#atically reproduced at the trial. Di na "ailangang ulitin pa. But you can add #ore !itnesses and #ore e%idence. After that, !e !ill no! deter#ine if the accused is guilty or not guilty. *an na ang +'ilt ,eyond rea(ona,le do',t. 2o!, JAtty.K )eni5a had a proble# in Da%ao =riental. @e told #e about it. An offense is, 7 thin" punishable by perpet'a or higher. $hen pag6hingi ng bail, sabi ng prosecutor, C2o ob ection!D Siguro sabi ng court, C2o ob ection? = sige, grant bail!D $he prosecutor did not present e%idence. Beaning, the prosecutor ad#its that the e%idence of guilt is not strong + !ala ng hearing! Pu!ede ba yan? 2=! $he S) said that there #ust be a hearing. F%en if the prosecution !ill not !ant to present e%idence, the court #ust re3uire a hearing. And the court cannot dispense !ith the hearing. EetAs go to so#e decided cases. T.CAA v(. B.,-E ,O<A-AS JAd#. Batter 2o. ($06';61&8/K Barch &, 1''; 3EL,2 CAlthough the Pro%incial Prosecutor had interposed no ob ection to the grant of bail to the accused, respondent udge should ne%ertheless ha%e set the petition for bail for hearing and diligently ascertained fro# the prosecution !hether the latter !as not really contesting the bail application.D C@e should ha%e called a hearing for the additional reason of ta"ing into account the guidelines in (ule 11? in fi1ing the a#ount of the bail. =nly after satisfying hi#self that the prosecution did not !ish to oppose the petition for bail for ustifiable cause ,e.g., for tactical reasons- and ta"ing into account the factors enu#erated in (ule 11?, sec. / for fi1ing bail should respondent udge ha%e granted the petition for bail and ordered the release of the accused.D Assu#ing na sabi ng prosecution, .for ta)ti)al rea(on, 0e 0ill not o,>e)t.1 $he court !ill still ha%e to conduct a hearing + "ung pila ang bail. *aan! *ou still ha%e to conduct a hearing. *ou loo" at Section ' + Amo'nt of ,ail2 +'ideline(. 7n deter#ining ho! #uch is the bail, #ay #ga guidelines eh! So if !e !ill grant bail, at least !e !ill ha%e to find out ho! #uch. $hese guidelines #ust be #et. So you still ha%e to conduct a hearing. -.ILLER<O v(. B.,-E REAES$ BR. Banuary 1?$ 1CC= 3EL,: CA hearing, in the nature of a su##ary proceeding entailing udicial deter#ination is re3uired !here the grant of bail is addressed to the discretion of the court. $he prosecution should be gi%en the opportunity to adduce e%idence thereat after !hich the court should then spell out at least a su##ary or resu#e of the e%idence on !hich the order, !hether it be affir#ati%e or negati%e, is based. =ther!ise, the order is defecti%e or %oidable.D Beaning, if you grant or deny bail, #ay court order yan. Iailangang i6su##ari5e #o ang e%idence. then you state !hy you belie%e it is strong or it is !ea". =ther!ise the udge is ad#inistrati%ely liable for not co#plying !ith the re3uire#ent.

A.RILLO v(. /RANCISCO 0;= SCRA 0?; 3EL,: 7n a hearing for petition for bail, affida%its !ill not suffice. 4itnesses #ust be present to testify. Affida%its !ill suffice only !hen it deter#ines probable case for the purpose of !hether or not to issue search !arrant. $he udge has the personal duty of calling the !itnesses one by one to hear the# for or re%ie! the e%idence, i.e. affida%its presented at the fiscalAs office.

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Rule 114 Bail

C<erily, it !as patent error for hi# to base his order granting bail #erely on the supporting affida%its attached to the infor#ation since those !ere #erely intended to establish probable cause as basis for the issuance of an arrest !arrant, and not to control his discretion to deny or grant bail in all situationsD A-.IRRE v(. B.,-E BEL<ONTE Oct %er 01$ 1CC4 3EL,: CF%en if the prosecution fails to adduce e%idence in opposition to an application for bail of an accused, the court #ay still re3uire that it ans!er 3uestions in order to ascertain not only the strength of the stateNs e%idence but also the ade3uacy of the a#ount of bail.D So "ahit na sabihin pa ng prosecution that it is not opposing in the application of the bail, sabi ng S): Ah, hindi pu!edee! $he court !ill ha%e to as" the prosecution, !hy are you not opposing? *aan! 4hether to grant or deny bail, a hearing is a 1::O re3uisite. =ther!ise the order granting or denying bail is defecti%e, and the udge #ay lose his ob. EetAs go to this i#portant 3uestion: Q: Hor bail to be denied, !hat are the re3uire#ents? A: Under the la!: 1. the e%idence of guilt is strong. &. the cri#e is punishable by death, re)l'(ion perpet'a or life i#prison#ent. >. Jbased on urisprudenceK if the accused is con%icted in all probability the penalty !ill also be death, re)l'(ion perpet'a or life i#prison#ent. So you ha%e to loo" at the probable penalty. $his principle has been illustrated in the case of BRADO$ BR. v(. BORBA 1;4 SCRA 488 /ACTS: $he accused !as charged !ith #urder + perpet'a to death + talagang non6bailable yan. $he accused filed a petition for bail !here the case is pending on the argu#ent that !hen he co##itted a cri#e, he !as only 1/ years old. @e attached his birth certificate in the application for bail. Sabi niya, if found guilty, the penalty is auto#atic one ,1- degree lo!er + so, temporal. $he !orst that !ill happen to hi# is temporal. $herefore, bail no! beco#es a #atter of right. ISS.E E1: 7n the hearing for bail, should the court allo! the presentation of e%idence of #itigating or aggra%ating circu#stances? 3EL,: 2=. Bra%o, 0r. is !rong. 7n the hearing for a petition for bail, the presentation of aggra%ating and #itigating circu#stances is 2=$ co%ered because if the court !ill re3uired the presentation of said circu#stances, then there !ould be a need for a trial on the #erits of the case. All the court has to do after the bail hearing !ould be to render a decision. $hat !ould defeat the purpose of the hearing for bail. ISS.E2 E0: 4hether or not Bra%o, 0r. is entitled to bail. 3EL,2 *FS. Although the presentation of aggra%ating and #itigating circu#stances is 2=$ allo!ed, the S) said, @o!e%er, !e cannot close our eyes to the fact that !hen Bra%o, 0r. co##itted the cri#e he !as only 1/ years old. 2or#ally, !e close our eyes, but in this case, !e cannot close it ,e)a'(e /e alle+ed it. As a #atter of fact, his birth certificate !as attached to this petition and the prosecution D7D 2=$ challenge his #inority. Since the plea of #inority is already before us and the

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Rule 114 Bail

accused did not challenge it, !e cannot close our eyes to the fact that e%en if !e fin hi# guilty, the penalty to be i#posed !ould not be re)l'(ion perpet'a or death but lo!er. Since the pro,a,le penalty is not death or perpet'a, then he is entitled to bail as a #atter of right. M: So !hat are the principle points to re#e#ber in the case of Bravo, 8r; A: $he follo!ing: 1. that in a petition for bail there should be no e%idence of any aggra%ating or #itigating circu#stances. 7t should not be presented in a petition for bail. $his should be presented during the trial. &. ho!e%er, despite the fact that it should not be presented, if it is alleged and presented there and the prosecution did not dispute it, the court should consider it ust the sa#e. and >. e%en if the accused is charged !ith a cri#e punishable by death, perpet'a or life i#prison#ent and the e%idence of guilt is strong, if the pro,a,le i#posable penalty is less than perpet'a, bail beco#es a #atter of right.

+EO+LE v(. CALO 1?8 SCRA 80F J1'':K /ACTS2 $hree ,>- people !ere accused of #urder for the death of the %icti#. $he prosecution reco##ended no bail. After a hearing to deter#ine !hether the e%idence of guilt is strong, the trial court issued the order granting bail. $he son of the %icti# !ent to the S) 3uestioning the order granting the bail of the accused. ISS.E2 4hether or not the son of the %icti# has sufficient legal personality to 3uestion the order granting bail? ,2or#ally, if there is anyone !ho should 3uestion it, it should be the Solicitor General representing the people of the Philippines3EL,2 4hile the rule is, only the Solicitor General #ay represent the People or the State in cri#inal proceedings pending in this )ourt and the )ourt of Appeals, the ends of substantial ustice !ould be better ser%ed, and the issues in this action could be deter#ined in a #ore ust, speedy and ine1pensi%e #anner, by entertaining the petition at bar. As an offended party in a cri#inal case, pri%ate petitioner has sufficient personality and a %alid grie%ance against the udgeNs order granting bail to the alleged #urderers of his ,pri%ate petitionerNs- father. So, the case of Calo !as considered an e1ception because he is also an aggrie%ed party + the aggrie%ed parties are the People and the fa#ily of the %icti#. So in this case, the son is also an aggrie%ed party. So based on !hat !e ha%e gone so far, let us no! try to su##ari5e the instances under (ule 11? !here bail is a #atter of right, discretion, or is denied. Q: 4hen is bail a <ATTER O/ RI-3T: A: Bail is a #atter of right + 1. Before con%iction by the B$), B$), or B)$). &. After con%iction by the B$). >. Before con%iction by the ($) of an offense not punishable by death, re)l'(ion perpet'a or life i#prison#ent. and ?. Before con%iction by the ($) of an offense punishable by death reclusion or life i#prison#ent !hen e%idence of guilt is not strong. $his is because once the court finds that the e%idence of guilt is strong, bail beco#es a #atter of right. M: 4hen is bail ,ISCRETIONARA ? A: Bail is discretionary after con%iction by the ($) of an offense not punishable by death, re)l'(ion perpet'a, or life i#prison#ent provided, the case does not fall under the >rd paragraph of Section ; JaK + JeK.

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Rule 114 Bail

M: 4hen shall bail be ,ENIE,? A: $he bail shall be denied under the follo!ing instances: 1. before con%iction by the ($) of an offense punishable by death, re)l'(ion perpet'a or life i#prison#ent !hen the e%idence of guilt is strong. &. after con%iction by the ($) and the penalty i#posed is death, re)l'(ion perpet'a or life i#prison#ent. @e can appeal but in the #eanti#e, there is no bail. and >. after con%iction by the ($) !here the penalty i#posed is i#prison#ent e1ceeding / years but no #ore than &: years, and the case falls under Section ; JaK + JeK. So, recidi%ist, or you escaped fro# confine#ent, or there is undue ris", etc. ayan! Pagnahulog "a diyan, bail shall not be granted. And this is !here the 3uestion of Bs. Basepe3uePa !ill co#e in: M: Br. Peloton !as charged !ith a cri#e ,sorry "aayo Gay! - punishable by temporal. @e !as con%icted but the penalty is / years or less ,for instance, there are #itigating circu#stances- and he !ants to appeal to the )A. 7s it a #atter of right or a #atter of discretion? A: By %ie! is, it is a #atter of di()retion but e%en if these circu#stances ,recidi%ist, etc.- still bail can be granted. $hat is the effect. 4hereas, if the penalty is / years 1 day to &: years and he is a recidi%ist, etc., bail shall not be granted. But if it is only / years or less, it #ay be granted although it is not a #atter of right. SEC. C. Amo'nt of ,ail2 +'ideline(. The 5u"ge #h issue" the #arrant r grante" the a!!licati n shall fi7 a reas na%le a& unt f %ail c nsi"ering !ri&arily$ %ut n t li&ite" t $ the f ll #ing fact rs2 )a* /inancial lia%ility f the accuse" t give %ail6 )%* Nature an" circu&stance f the ffense6 )c* +enalty f r the ffense charge"6 )"* Character an" re!utati n f the accuse"6 )e* Age an" health f the accuse"6 )f* @eight f the evi"ence against the accuse"6 )g* +r %a%ility f the accuse" a!!earing at the trial6 )h* / rfeiture f ther %ail6 )i* The fact that the accuse" #as a fugitive fr & 5ustice #hen arreste"6 an" )5* +en"ency f ther cases #here the accuse" is n %ail. E7cessive %ail shall n t %e re'uire". )Ca* M: 4hen bail shall be granted, ho! #uch is the a#ount of it? A: $here are guidelines under Section ' + #ara#i eh! =f course one of the factors is paragraph JcK + penalty for the offense charged. $hatAs !hy the D=0 has a guidelines eh na "apag ganito ang penalty, ganito a ng i6 reco##end #o. But that is only one of the factors. $he court can either follo! the reco##endation or raise it or lo!er it because aside fro# that, #ara#i pa eh li"e financial ability of the accused, character or reputation of the accused, etc. And all these guidelines !here ta"en fro# the ruling in the case of <7EEASFQ=( <S. ABA2= ,&1 S)(A >1&M: 4hat do you #ean by corporate surety? A: Section 1:: SEC. 1F. Corporate ('rety. Any " &estic r f reign c r! rati n$ license" as a surety in acc r"ance #ith la# an" currently auth ri(e" t act as such$ &ay !r vi"e %ail %y a % n" su%scri%e" 5 intly %y the accuse" an" an fficer f the c r! rati n "uly auth ri(e" %y its % ar" f "irect rs. )1Fa* M: 4hat do you #ean by a property bond? A: Section 11: SEC. 11. $roperty ,ond, /o0 po(ted. A !r !erty % n" is an un"erta4ing c nstitute" as lien n the real !r !erty given as security f r the a& unt f the %ail. @ithin ten )1F* "ays

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Rule 114 Bail

after the a!!r val f the % n"$ the accuse" shall cause the ann tati n f the lien n the certificate f title n file #ith the Registry f ,ee"s if the lan" is registere"$ r if unregistere"$ in the Registrati n B 4 n the s!ace !r vi"e" theref re$ in the Registry f ,ee"s f r the !r vince r city #here the lan" lies$ an" n the c rres! n"ing ta7 "eclarati n in the ffice f the !r vincial$ city an" &unici!al assess r c ncerne". @ithin the sa&e !eri "$ the accuse" shall su%&it t the c urt his c &!liance an" his failure t " s shall %e sufficient cause f r the cancellati n f the !r !erty % n" an" his re>arrest an" "etenti n. )11a* SEC 10. Q'alifi)ation( of ('retie( in property ,ond . The 'ualificati ns f sureties in a !r !erty % n" shall %e as f ll #s2 )a* Each &ust %e a resi"ent #ner f real estate #ithin the +hili!!ines6 )%* @here there is nly ne surety$ his real estate &ust %e # rth at least the a& unt f un"erta4ing6 )c* If there are t# r & re sureties$ each &ay 5ustify in an a& unt less than that e7!resse" in the un"erta4ing %ut the aggregate f the 5ustifie" su&s &ust %e e'uivalent t the #h le a& unt f the %ail "e&an"e". In all cases$ every surety &ust %e # rth the a& unt s!ecifie" in his #n un"erta4ing ver an" a% ve all 5ust "e%ts$ %ligati ns an" !r !erties e7e&!t fr & e7ecuti n. )10a* SEC. 1;. 8'(tifi)ation of ('retie(. Every surety shall 5ustify %y affi"avit ta4en %ef re the 5u"ge that he ! ssesses the 'ualificati n !rescri%e" in the !rece"ing secti n. 3e shall "escri%e the !r !erty given as security$ stating the nature f his title$ its encu&%rances$ the nu&%er an" a& unt f ther %ails entere" int %y hi& an" still un"ischarge"$ an" his ther lia%ilities. The c urt &ay e7a&ine the sureties u! n ath c ncerning their sufficiency in such &anner as it &ay "ee& !r !er. N %ail shall %e a!!r ve" unless the surety is 'ualifie". )1;a* M: 4hat do you #ean by cash deposit? A: Section 1?: SEC. 14. %epo(it of )a(/ a( ,ail. The accuse" r any !ers n acting in his %ehalf &ay "e! sit in cash #ith the nearest c llect r f internal revenue r !r vincial$ city$ r &unici!al treasurer the a& unt f %ail fi7e" %y the c urt$ r rec &&en"e" %y the !r secut r #h investigate" r file" the case. .! n su%&issi n f a !r !er certificate f "e! sit an" a #ritten un"erta4ing sh #ing c &!liance #ith the re'uire&ents f secti n 0 f this Rule$ the accuse" shall %e "ischarge" fr & cust "y. The & ney "e! site" shall %e c nsi"ere" as %ail an" a!!lie" t the !ay&ent f fine an" c sts #hile the e7cess$ if any$ shall %e returne" t the accuse" r t #h ever &a"e the "e! sit. )14a* RECO-NIGANCE EetAs go to the ?th type of bail + recogni5ance + !hich are not understood by #any ho! it operates. SEC. 1=. "e)o+niAan)e. @henever all #e" %y la# r these Rules$ the c urt &ay release a !ers n in cust "y n his #n rec gni(ance r that f a res! nsi%le !ers n. )1=a* So, no #oney + nothing is filed in court. . n my 0ord of /onor, I 0ill appear 0/en t/e )o'rt re3'ire( me to appear. If I@m )onvi)ted, don@t ,e afraid. I 0ill not r'na0ay.1 )ourt: .Bord of /onor /a; *promi(e /a- C<1 + *an! *an ang recogni5ance. =r, instead of going to ail, .$aya+ man an+ mayor na doon na lan+ da0 a:o (a :anya. Siya da0 an+ ,a/ala (a a:in.1 )ourt: . C. Yo' 0ill ,e in t/e )'(tody of t/e mayor. C'n+ may pro,lema, or anytime yo' are re3'ired to appear, yo' appear<1 And the #ayor !ill pro#ise, .A:on+ ,a/ala dito. =indi ito tata:,o *p'p't'lan :o n+ paa<Sa+ot :o ito.1 + *an ang recogni5ance + !ord of you !ord or !ord of a responsible person.

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Rule 114 Bail

Para bang character loan + you borro! #oney, no collateral and 7 pro#ise to pay you. )reditor: CBelie%e a"o sa iyo. *our !ord is as good as a security. =I!D M: 7s recogni5ance possible in all cri#inal cases? A: 2=. Under the rules, recogni5ance is only allo!ed 0/enever allo0ed ,y la0 or t/e(e "'le(. So, if it is not allo!ed by la! or the rules, hindi pu!ede. M: @o! do you define recogni5ance? A: A re)o+niAan)e is an obligation of record, entered into before so#e court or #agistrate duly authori5ed to ta"e it, !ith the condition to do so#e particular act, the #ost usual condition in cri#inal cases being the appearance of the accused for trial. ,People %s. Abner, 89 Phil. ;//, ;/'$he ne1t 3uestion is, !hat are the instances !here recogni5ance is allo!ed by the la! or this (ules? $here are four ,?- instances originated and as #entioned by the S) in the 1''9 case of &S$I"ITU VS. 8 V&!!AN S ,&8: S)(A ;9'-. But e%en before 8 V&!!AN S ca#e out, the 1'8; (ules says that recogni5ance is possible if allo!ed by la! or the (ules. Ano #an yang .,y la0 or t/i( "'le(1? So as early as 1'8;, 7 !as already gathering the instances !hen the la! or the rules allo! it. And 7 gathered four ,?-. Beron pa #an sigurong iba, pero di "o pa siguro na"ita. $hat is !hy !hen the case of 8ovellano( ca#e out, tiningnan "o + e1actly the %ery four! + not #ore, not less. *e/em< e/em<M: 4hat are the instances !hen recogni5ance is allo!ed by the la! or this (ules? A: 7n the case of &S$I"ITU VS. 8 V&!!AN S ,&8: S)(A ;9'-: 1. Under (A /:>/ + !hen the offense charged is for %iolation of an ordinance, a light felony, or a cri#inal offense, the i#posable penalty for !hich does not e1ceed / #onths i#prison#ent andRor P&,::: fine, under the circu#stances pro%ided in (.A. 2o. /:>/. &. (ule 11?, Section 1/, last paragraph: 9A !ers n in cust "y f r !rinci!al !enalty !rescri%e" In"eter&inate Sentence La# re"uce" %ail r n his #n rec >. (ule 11?, Section &?: 9N %ail shall %e all #e" after a 5u"g&ent f c nvicti n has %ec &e final. If %ef re such finality$ the accuse" a!!lies f r !r %ati n$ he &ay %e all #e" te&! rary li%erty un"er his %ail. @hen n %ail #as file" r the accuse" is inca!a%le f filing ne$ the c urt &ay all # his release n rec gni(ance t the cust "y f a res! nsi%le &e&%er f the c &&unity. In n case shall %ail %e all #e" after the accuse" has c &&ence" t serve sentence.: ?. Under PD /:> ,)hild and *outh 4elfare Act- + in case of a youthful offender held for physical and #ental e1a#ination, trial, or appeal, if he is unable to furnish bail and under the circu#stances en%isaged in P.D. 2o. /:>, as a#ended. $hose are the four instances !here recogni5ance is allo!ed. So it is not possible in all cases. $his re#inds of a for#er student of this la! school !ho graduated !ay bac" in 1'99. @e is fro# Agusan. 7 re#e#ber during the #id68:As, 7 !ent to )agayan. 4ala pa itong Buda, so 7 ha%e to tra%el %ia Butuan. =n #y !ay bac" at around ? P.B., !e !ere riding in a pri%ate %ehicle, !e stopped at a to!n in Agusan. 4e too" a brea" "ay "apoy eh. $here !ere nu#erous big houses there. And then 7 sa! this attorney (o and (o and 7 recogni5ed hi# because he !as a graduate of this school. Any!ay 7A# not in a hurry, 7 !ent there. So 7 #et this la!yer and 7 ga%e #y na#e. A$$*: .Uy< Yo'< Be did not (ee ea)/ ot/er for a lon+ time. C'm'(ta; *video:e ta<-1 DFA2: .I 0a( >'(t a !eri " e'ual t r & re than the &ini&u& f the f r the ffense charge"$ #ith ut a!!licati n f the r any & "ifying circu&stance$ shall %e release" n a gni(ance$ at the "iscreti n f the c urt.:

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Rule 114 Bail

pa((in+ ,y. B/at are yo' doin+ no0; *na :ay f'ndador di/a;-1 A$$*: .I@m pra)ti)in+ la0. Carami/an )riminal.1 And 7 noticed #ara#i siyang helpers sa bahay niya. So 7 as"ed hi#, .Ba@t :arami mo naman+ /o'(e,oy(;1 A$$*: CT/ey are not /o'(e,oy(, Sir. T/ey are all a))'(ed<1 DFA2: .B/y are t/ey 0it/ yo';1 A$$*: ."e)o+niAan)e.1 DFA2: .Ano pala m+a )rime( nila;1 A$$*: .M'rder, =omi)ide.1 2a6shoc" a"o!! Paano na"a"uha ng recogni5ance ito eh hindi #an pu!ede yan because recogni5ance is only possible if allo!ed by la! or the rules. Pero nobody is co#plaining na#an there. SEC. 18. Bail, 0/en not re3'ired2 red')ed ,ail or re)o+niAan)e. N %ail shall %e re'uire" #hen the la# r these Rules s !r vi"e. @hen a !ers n has %een in cust "y f r a !eri " e'ual t r & re than the ! ssi%le &a7i&u& i&!ris n&ent !rescri%e" f r the ffense charge"$ he shall %e release" i&&e"iately$ #ith ut !re5u"ice t the c ntinuati n f the trial r the !r cee"ings n a!!eal. If the &a7i&u& !enalty t #hich the accuse" &ay %e sentence" is destierro$ he shall %e release" after thirty );F* "ays f !reventive i&!ris n&ent. A !ers n in cust "y f r a !eri " e'ual t r & re than the &ini&u& f the !rinci!al !enalty !rescri%e" f r the ffense charge"$ #ith ut a!!licati n f the In"eter&inate Sentence La# r any & "ifying circu&stance$ shall %e release" n a re"uce" %ail r n his #n rec gni(ance$ at the "iscreti n f the c urt. )18a* EetAs go further. As a general rule, !hen the cri#inal case is filed, there !ill be !arrant of arrest. 7f there is !arrant of arrest, there #ust be a bail either in cash or recogni5ance. But Section 1/ pro%ides that no bail shall be re3uired !hen the la! or these (ules so pro%ide. $his is no! the 3uestion: M: 4hat are the instances !here despite the pendency of the cri#inal case, the accused is not re3uired to post bail? Beaning, he is e1e#pt fro# putting up a bail bond because the la! or the rules says so. A: $he follo!ing are the instances: 1. Under (A /:>/ + yung #ga / #onths or less under the conditions #entioned therein. &. 4hen the cri#e is co%ered by the Su##ary (ules because of Section 1/ of (ule 11?. 4hen a case is filed under the Su##ary (ules, a #ere notice is sufficient. 2o need of a !arrant of arrest. >. Section ' JbK of (ule 11& ,this is a ne! sentence-: 97 7 7 7 3 #ever$ if the 5u"ge is satisfie" that there is n necessity f r !lacing the accuse" un"er cust "y$ he &ay issue su&& ns instea" f a #arrant f arrest.: So, the court is satisfied that there is no need to issue a !arrant of arrest #aybe because the court belie%es that you !ill not run a!ay. 7n effect, no bail shall be re3uired. SEC. 11. Bail, 0/ere filed. )a* Bail in the a& unt fi7e" &ay %e file" #ith the c urt #here the case is !en"ing$ r in the a%sence r unavaila%ility f the 5u"ge there f$ #ith any regi nal trial 5u"ge$ &etr ! litan trial 5u"ge$ &unici!al trial 5u"ge$ r &unici!al circuit trial 5u"ge in the !r vince$ city r &unici!ality. If the accuse" is arreste" in a !r vince$ city$ r &unici!ality ther than #here the case is !en"ing$ %ail &ay als %e file" #ith any regi nal trial c urt f sai" !lace$ f if n 5u"ge there f is availa%le$ #ith any &etr ! litan trial 5u"ge$ &unici!al trial 5u"ge$ r &unici!al circuit trial 5u"ge therein. )%* @here the grant f %ail is a &atter f "iscreti n$ r the accuse" see4s t %e release" n rec gni(ance$ the a!!licati n &ay nly %e file" in the c urt #here the case is !en"ing$ #hether n !reli&inary investigati n$ trial$ r a!!eal. Any !ers n in cust "y #h is n t yet charge" in c urt &ay a!!ly f r %ail #ith any c urt in the !r vince$ city$ r &unici!ality #here he is hel". )11a*.

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Rule 114 Bail

Section 19 is another i#portant pro%ision on !here to file the bail. 2or#ally, you file the bail before the sa#e court !here you case is pending. But if the udge is not around, under paragraph JaK, pu!ede #an any ($) udge, B$) udge, etc. M: Suppose your case is in Da%ao and you are arrested in Banila, can you post bail in Banila? A: *FS because it !ould be %ery tedious if you !ill be arrested and brought bac" in Da%ao ust to post bail. And under paragraph JaK, it #ay be filed !ith any ($) of such place. And of course, the udge there !ill accept the bail and trans#it e%erything to Da%ao. M: 4hat are the instances !here the accused is only allo!ed to post bail before the %ery sa#e court !here the case is pending? A: Under paragraph JbK, the follo!ing are the instances: 1. if you see" to be released on recogni5ance, no other udge can grant it other the udge !here you case is pending. &. !hen bail is a #atter of discretion. Hor e4ample: Bs. $or#on is accused of a capital offense and she !ould li"e to file a petition for bail because the e%idence of guilt is not strong, that should be decided by the %ery court !here her case is pending. M: 7s the B$) entitled to entertain a petition for bail? A: *FS M: 4hat are the instances !hen a B$) is entitled to entertain applications for bail? A: $he follo!ing are the instances: 1. Under paragraph JbK, the application #ay be filed in the court !here the case is pending, !hether on preli#inary in%estigation, trial, or appeal. 4ith this pro%ision, it !ould see# pu!ede. &. B$) can entertain petitions for bail in )a(e( not )o+niAa,le ,y it filed before it for purposes of preli#inary in%estigation. $hat is !hy in one case the S) held that inferior courts ,B$)- can entertain applications for bail in capital offenses a( an in)ident to its po!er to conduct preli#inary in%estigation. ,Banigbas %s. Euna, '8 Phil. ?//-. and >. Section >; of the 0udiciary la! ,Special urisdiction of the B$)- +the B$) #ay hear and decide petitions for a !rit of /a,ea( )orp'( or applications for bail in the absence of AEE the ($) udges. EetAs go no! to the last paragraph of Section 19: 9Any !ers n in cust "y #h is n t yet charge" in c urt &ay a!!ly f r %ail #ith any c urt in the !r vince$ city$ r &unici!ality #here he is hel".: $his is one pro%ision that has stunned so #any: ho! can a person be in custody !ho is not yet charged in court? @e is already in custody pero !ala pa #ang "aso? 4hat is conte#plated under the last paragraph of Section 19 is (ule 11& Section 9 on 72MUFS$ preli#inary in%estigation + !hen a person is la!fully arrested !ithout a !arrant, he !ill be detained i##ediately !ithout preli#inary in%estigation. But if he de#ands a preli#inary in%estigation, he can get it but he #ust !ai%e the effects of Article 1&; of the (P). Section 9, (ule 11&, last sentence of second paragraph pro%ides: .Not0it/(tandin+ t/e 0aiver, /e may apply for ,ail and t/e inve(ti+ation m'(t ,e terminated 0it/in fifteen 5D67 day( from it( in)eption.1 So he can as" for bail e%en if he is not yet charged in court. M: 7f you apply for bail !ith any court in the pro%ince, city or #unicipality, ano ang title and nu#ber ng petition #o? *ou cannot put there .$eople of t/e $/ilippine( ver('(E1 "ay !ala pa #ang cri#inal case? 4hat !ill be your reference?

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Rule 114 Bail

A: .IN "&: $&TITI N F " BAI!.1 So bahala na "ayo diyan. Bahala na ang cler" of court ho! to doc"et it. Basta that is #y right under the la!! So you thin" of your o!n caption. SEC. 01. Forfeit're of ,ail. @hen the !resence f the accuse" is re'uire" %y the c urt r these Rules$ his % n"s&en shall %e n tifie" t !r "uce hi& %ef re the c urt n a given "ate an" ti&e. If the accuse" fails t a!!ear in !ers n as re'uire"$ his %ail shall %e "eclare" f rfeite" an" the % n"s&en given thirty );F* "ays #ithin #hich t !r "uce their !rinci!al an" t sh # #hy n 5u"g&ent sh ul" %e ren"ere" against the& f r the a& unt f their %ail. @ithin the sai" !eri "$ the % n"s&en &ust2 )a* !r "uce the % "y f their !rinci!al r give the reas n f r his n n>!r "ucti n6 an" )%* e7!lain #hy the accuse" "i" n t a!!ear %ef re the c urt #hen first re'uire" t " s . /ailing in these t# re'uisites$ a 5u"g&ent shall %e ren"ere" against the % n"s&en$ 5 intly an" severally$ f r the a& unt f the %ail. The c urt shall n t re"uce r ther#ise &itigate the lia%ility f the % n"s&en$ unless the accuse" has %een surren"ere" r is ac'uitte". )01a* Another i#portant pro%ision is Section &1 + ho! bail is forfeited. 7f you are re3uired to appear in court for an arraign#ent, or for so#e other reason, and you did not appear, the first step is, upon #otion of the prosecution, the court !ill issue an order to confiscate the bond and the court !ill also direct the bonds#en: 1. to produce the body of their principal !ithin >: days. A2D &. to e1plain !hy the accused did not appear before the court !hen first re3uired to do so. Dala!a yan + ,1- produce hi# !ithin >: days, and ,&- e1plain !hy you failed to produced hi#. 7f you satisfy both conditions, no proble# + the court !ill issue an order lifting the order of the forfeiture. M: Suppose you failed to co#ply both or one of the conditions, !hat !ill happen? A: $he court !ill render udge#ent on the bond. Beaning, the bonding co#pany is no! liable on its bond. So ang una, order of confiscation or forfeiture of the bond. $he second stage is, if the conditions are not #et, there !ill be udg#ent against the bond. So that is the step6by6step application of Section &1. SEC. 0;. Arre(t of a))'(ed o't on ,ail . / r the !ur! se f surren"ering the accuse"$ the % n"s&en &ay arrest hi& r$ u! n #ritten auth rity en" rse" n a certifie" c !y f the un"erta4ing$ cause hi& t %e arreste" %y a ! lice fficer r any ther !ers n f suita%le age an" "iscreti n. An accuse" release" n %ail &ay %e re>arreste" #ith ut the necessity f a #arrant if he atte&!ts t "e!art fr & the +hili!!ines #ith ut !er&issi n f the c urt #here the case is !en"ing. )0;a* Section &> is an instance of a %alid !arrantless arrest. $his is a continuation of Section ; (ule 11>. Hor the purpose of surrendering the accused, they can arrest hi# !ithout a !arrant. $he bonds#en is his ailer. $he theory of bond, lalo na yung corporate bond, is that the sureties or bond#en beco#es you ailer in the eyes of the la!, and you are their prisoner. $hey too" o%er the go%ern#ent. 7n reality, they are not really i#prisoning you. *ou are a free #an. And i#portante, you put up #oney for you release + you pay pre#iu#, bac" up your co##it#ent !ith property. Parang insurance din ito eh. 2o! hali#ba!a, nainis sila sa iyo? + hindi "a nagabayad ng pre#iu# + pu!ede "a #an nila arestuhin bah! $he bonds#en can ha%e you arrested !ithout a !arrant. So diretso "a sa ail. EetAs go to last paragraph of Section &>. 7f you are atte#pting to lea%e the Philippines, lalo na "ung #ay hold departure order, e%en if you are on bail, you can be arrested !ithout a !arrant. 2o!, !e !ill go to this 3uestion related to you constitutional right to tra%el:

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M: @o! do you reconcile Section &> !ith the constitutional right to tra%el? A: 7n the 1'8/ case of <ANOTOC v(. CO.RT O/ A++EALS 140 SCRA 14C

Rule 114 Bail

ISS.E2 @o! co#e if you are out on bail, you cannot lea%e the country !ithout the per#ission of the court? 3EL,2 9A court has the po!er to prohibit a person ad#itted to bail fro# lea%ing the Philippines. $his is a necessary conse3uence of the nature and function of a bail bond. $he condition i#posed upon petitioner to #a"e hi#self a%ailable at all ti#es !hene%er the court re3uires his presence operates as a %alid restriction on his right to tra%el.D ,because this is one of the conditions of the bail bond + yo' m'(t ,e availa,le 0/enever t/e )o'rt re3'ire( yo' to appear. C7ndeed, if the accused !ere allo!ed to lea%e the Philippines !ithout sufficient reason, he #ay be placed beyond the reach of the courts. 7f the sureties ha%e the right to pre%ent the principal fro# lea%ing the state, #ore so then has the court fro# !hich the sureties #erely deri%e such right, and !hose urisdiction o%er the person of the principal re#ains unaffected despite the grant of bail to the latter.D C$he court cannot allo! the accused to lea%e the country !ithout the assent of the surety because in accepting a bail bond or recogni5ance, the go%ern#ent i#pliedly agrees that it !ill not ta"e any proceedings !ith the principal that !ill increase the ris"s of the sureties or affect their re#edies against hi#. Under this rule, the surety on a bail bond or recogni5ance #ay be discharged by a stipulation inconsistent !ith the conditions thereof, !hich is #ade !ithout his assent.D So, if your o!n bonds#en ha%e the right to pre%ent you, !ith #ore reasons !ith the court !ho has the co#plete urisdiction o%er your person. But e%en if the court !ants to grand you per#ission to lea%e, gusto #ong #ag6tour, but sabi ng bonds#en, .Ayo:o n+a<1, then the court has no po!er to grant your re3uest because the bonds#en #ust also agree. ,Banotoc %s. )A, ('praSILDERIO v(. CO.RT O/ A++EALS A!ril ?$ 1CC1 /ACTS2 Sil%erio !as charged cri#inally for %iolation of (e%ised Securities Act. Hor #ore than t!o years, there !ere series of postpone#ents of the arraign#ent scheduled therein. @e could not be arraigned because he had gone abroad se%eral ti#es !ithout the necessary court appro%al. $he prosecution got fed up already. So upon #otion of the prosecution, the trial court ordered the DHA to cancel Sil%erioAs passport or to deny the application to re6ne! the passport. $he )o##ission on 7##igration is also ordered to pre%ent Sil%erio fro# lea%ing the country. 2o!, according to Sil%erio, the courtAs orders are unconstitutional because under the )onstitution, courts can i#pair the right of a citi5en to tra%el only on the ground of national security, public safety or public health. Sil%erio: C7s there an issue of national security? 4ala #an! Public safety? 4ala #an! Public health? 4ala rin! $herefore, you cannot pre%ent #e fro# tra%elling.D $he S) here traced the history of that constitutional pro%ision. @o! did that pro%ision ca#e out? 3EL,: $he phraseology in the 1'89 )onstitution !as a reaction to the ban on international tra%el i#posed under the pre%ious regi#e !hen there !as a $ra%el Processing )enter, !hich issued certificates of eligibility to tra%el upon application of an interested party. ,because during the Barcos era, he created a tra%el processing agency headed by General <er, !here e%ery Hilipino !ho !ants to tra%el abroad #ust be cleared by that office.Article 777, Section / of the 1'89 )onstitution should by no #eans be construed as deli#iting the inherent po!er of the courts to use all #eans necessary to carry their orders into effect in cri#inal cases pending before the#. 7n other !ords, the court has al!ays the po!er to pre%ent an accused fro# lea%ing for abroad. And that constitutional pro%ision !as ne%er interpreted to li#it the po!er of the court. $herefore, Sil%erio !as citing the !rong pro%ision. $he philosophy does not apply to Sil%erio. *aan!

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SANTIA-O v(. -ARC3ITORENA ,ece&%er 0$ 1CC;

Rule 114 Bail

/ACTS: Se%eral cri#inal cases !ere filed against Biria# Santiago arising fro# her tenure as 7##igration )o##issioner. 2o!, she !as inter%ie!ed by the #edia and she said that she is lea%ing in a fe! days for abroad because she !as offered a fello!ship grant by the @ar%ard Uni%ersity. 2abasa ng Sandiganbayan ang inter%ie! sa ne!spaper, .Uy< Aali(< Alri+/t, =old#%epart're rder<1 Santiago 3uestioned the order. ISS.E: Bay a court trying a cri#inal case issue a hold6departure order mot' propio to pre%ent the accused fro# lea%ing the country e%en if the prosecution did not file any #otion to issue such order? 3EL,2 *FS. C$he court has the po!er to issue mot' propio a hold6departure order. $he hold6 departure order is but an e1ercise of the courtAs inherent po!er to preser%e and to #aintain the effecti%eness of its urisdiction o%er the case and the person of the accused.D <ARCOS v(. SAN,I-ANBAAAN 041 SCRA ,August ', 1'';/ACTS2 )ri#inal charges !ere filed against 7#elda Barcos. 7n one of the cases, she !as con%icted by the Sandiganbayan. After con%iction, she filed a #otion for reconsideration and !hile her #otion !as p ending, she filed a #otion for lea%e to tra%el abroad for treat#ent of hypertensi%e heart disease, uncontrolled angina pectoris, and anterior #yocardial infarction. $he #otion !as supported by #edical reports prepared by her physician and cardiologist and other doctors in Ba"ati Bedical )enter. Presiding 0ustice Garchitorena referred the issue to a co##ittee of cardiologists fro# @ealth )enter of the Philippines for e1tra opinion on so#e 3uestions a#ong !hich !as: .I( Mar)o(@ )ondition fatal; =r, I( (/e in dan+er of dyin+; $he co##ittee sub#itted a report !hich !as heard in the presence of the t!o la!yers of Barcos. (eport ng co##ittee: (/e 0a( (i): ,'t t/e eviden)e not )onfirm t/e alle+ation t/at Mr(. Mar)o( i( in t/e /i+/ ri(: +ro'p of ('dden )ardia) deat/. 7n other !ords, she is sic" but she is not in danger of dyiing. 4ith that, the Sandiganbayan, .A/ /indi pala malala e/< So, 0ala< Motion denied<1 Barcos !ent to the S) attac"ing the Sandiganbayan order alleging that the court adopted an unusual and unorthodo1 conduct by mot' propio conducting a third party as"ing the latter to gi%e an opinion. Barcos: .No,ody i( 3'e(tionin+. Ba:it ,a iton+ Sandi+an,ayan 0ill not ta:e t/e 0ord( of my do)tor(; $aran+ 0alan+ :'mpiyan(a<1 3EL,: C$he Sandiganbayan acted properly. (espondent court had to see" e1pert opinion because petitionerNs #otion !as based on the ad%ice of her physician. $he court could not be e1pected to ust accept the opinion of petitionerNs physician in resol%ing her re3uest for per#ission to tra%el. $he sub ect lay beyond its co#petence and since the grant of the re3uest depended on the %erification of the clai# that petitioner !as suffering fro# a #edical condition that !as alleged to be serious and life threatening, the respondent court, !e thin", follo!ed the only prudent course a%ailable of see"ing the opinion of other specialists in the field.D C7ndeed, !hen e%en in their o!n field of e1pertise ,la!- courts are allo!ed to in%ite ami)i )'riae to shed light on recondite points of la!, there is no reason for denying the# assistance on other sub ects.D CPerhaps the best proof that she is not in the group is the fact that she ran in the last election for a seat in the @ouse of (epresentati%es and !on. 7t #ay be assu#ed that she !aged an arduous political ca#paign but apparently is none the !orse for it.D Beaning, e%en in la! !hich is already your field of e1pertise, the court are e%en allo!ed to see" the help of other la!yers, lalo na !hen it co#es to the field of #edicine. And finally after one year, she ran for

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Review on the 2000 Revised Rules on Criminal Procedure 2002 Edition <draft copy; pls. check for errors>

Rule 114 Bail

congress!o#an in Eeyte and she !on. =f course !hen you ca#paign, you ha%e to undergo a terrible schedule of ca#paigns. Fh ba"it buhay "a pa? So in other !ords, you are not really in danger of dying. And she is %ery #uch ali%e no!. COB.AN-CO v(. SAN,I-ANBAAAN ;FF SCRA ;81 H1CC?I /ACTS: )o uangco has se%eral pending cases before the Sandiganbayan. And there is a tra%el ban e%eryti#e he tra%els abroad. ISS.E: 7s there a need of hold6departure orders e%eryti#e )o uangco tra%els abroad considering that #any things happened to )o uangco? 3EL,: C4e resol%e in the negati%e. $he tra%el band should be lifted, considering all the circu#stances no! pre%ailing. 7t no! beco#es necessary that there be strong and co#pelling reasons to ustify the continued restriction on )o uangcoAs right to tra%el abroad. Ad#ittedly, all of )o uangcoAs pre%ious re3uests to tra%el abroad has been granted and that )o uangco has al!ays returned to the Philippines and co#plied !ith the restrictions i#posed on hi#.D C$he necessity of further denying )o uangcoAs right to tra%el abroad, !ith attendant restrictions, appears less than clear. $he ris" of flight is further di#inished in %ie! of )o uangcoAs recent reinstate#ent as )hair#an and )hief F1ecuti%e of San Biguel )orporation, though he has no! #ore ustification to tra%el so as to o%ersee the entire operations of that co#pany. 7n this regard, it has to be conceded that his assu#ption of such %ital post has co#e at a ti#e !hen the current econo#ic crisis has ad%ersely affected by international operations of #any co#panies, including San Biguel.D C$he need to tra%el abroad fre3uently on the party of )o uangco, to for#ulate and i#ple#ent the necessary corporate strategies and decisions, could not be forestalled. $hese considerations affecting )o uangcoAs duties to a publicly held co#pany, #ilitate against i#posing further restrictions on )o uangcoAs right to tra%el abroad.D

SEC. 08. Bail not a ,ar to o,>e)tion( on ille+al arre(t, la): of or irre+'lar preliminary inve(ti+ation . An a!!licati n f r r a"&issi n t %ail shall n t %ar the accuse" fr & challenging the vali"ity f his arrest r the legality f the #arrant issue" theref re$ r fr & assailing the regularity r 'uesti ning the a%sence f a !reli&inary investigati n f the charge against hi&$ !r vi"e" that he raises the& %ef re entering his !lea. The c urt shall res lve the &atter as early as !ractica%le %ut n t later than the start f the trial f the case. )n* Section &/ is a ne! pro%ision. M: 7f you post bail, are you under estoppel to 3uestion the %alidity of the arrest or the regularity or absence of a preli#inary in%estigation? A: Under Section &/, 2=. $he pi%otal point is for as long as you ha%e not yet entered your plea. =nce you entered your plea, all the defects are considered !ai%ed. But the posting of bail alone is not considered as !ai%er to raise those issue.

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