How to Post Bail for your Temporary Liberty

Getting out of Jail after an arrest. What you need to know about bail -what it is, how it's set and how to pay it

Often, a person's first thought upon landing in jail is how to get out -- and fast. The
usual way to do this to "post bail." Bail is cash or a cash equivalent that an arrested
person gives to a court to ensure that he will appear in court when ordered to do so.
If the accused doesn't show up, the court keeps the bail and issues a warrant for the
arrest of the accused.

Bail can take any of the following forms:

1.
2.
3.
4.

Cash or check for the full amount of the bail

Property worth the full amount of the bail
A surety bond (that is, a guaranteed payment of the full bail amount)
A waiver of payment on the condition that the accused appear in court at the
required time (commonly called "release on one's own recognizance").
How Bail is set?

Public Prosecutors are responsible for setting bail. Because many people want to get
out of jail immediately (depending on when you are arrested, it can take a day or
two before you the see a judge). The Department of Justice (www.doj.gov.ph) set
standard bail schedules which specify bail amounts for all bailable crimes and
offenses. An arrested person can get out of jail quickly by paying the amount set
forth in the bail schedule.

Unless the charged is punishable by death or life imprisonment and the evidence of
guilt is strong, the 1987 Constitution requires that every person charged for a crime
or offense has the right to post bail which should not be excessive. This means that
bail should not be used to raise money for the government or to punish a person for
being suspected of committing a crime. Remember: The purpose of bail is to give an
arrested person her freedom until she is convicted of a crime, and the amount of
bail must be no more than is reasonably necessary to keep her from fleeing before a
case is over.

If a person can't afford the amount of bail on the bail schedule, he or she can ask a
judge to lower it by filing a Motion to Reduce Bail Bond. The accused can also file a
Petition for Bail on the ground that the evidence against him is not strong, even if
he or she is facing a
non-bailable offense.

Paying Bail
You can pay the full amount of the bail in Cash. If you are acquitted, you can
withdraw the Bail that you posted. You can also buy a surety bind or post your
property to pay for your bail.

Bail bond is like a check held in reserve: it represents the person's promise that he
or she will appear in court when required to. The bail bond is purchased by payment
of a non-refundable premium (usually about 15% - 35% of the face amount of the
bond).

A bail bond may sound like a good deal, but buying a surety bond may cost more in
the long run. This is so because you have to renew the surety bond upon its
expiration otherwise, upon motion of the prosecution, a warrant of arrest will be
issued for failure to renew the surety bond. If the full amount of the bail is paid, it
will be refunded (less a small administrative fee) when the case is over and all
required appearances have been made. On the other hand, the 15%-35 premium is
nonrefundable. In addition, the bond seller may require "collateral." This means that
the person who pays for the bail bond must also give the bond seller a financial
interest in some of the person's valuable property. The bond seller can cash in on
this interest if the suspect fails to appear in court.

Getting Out of Jail Free

In certain cases, people are released "on their own Recognizance" or to a refutable
person in the community. The accused released on Recognizance must simply sign a
promise to show up in court. He doesn't have to post bail. The accused commonly
requests release on his own recognizance at his first court appearance. If the judge
denies the request, he may then ask for a reduced bail.

In general, accused who are released on Recognizance have strong ties to a

community, making them unlikely to flee.

Under Revised Rules on Criminal Procedure, the accused may ask the Court to be
Release on Recognizance (1) if he has stayed in Jail for period equal to or more than
the possible maximum imprisonment of the offense charged to which he may be
sentenced; or (2) person has already stayed in jail for a period equal to or more
than the minimum of the principal penalty prescribed for the offense charged.

We now move on to the forms of bail. There are four kinds of bail under the law,
these are: corporate surety, property bond, cash deposit, or recognizance. We shall
now discuss each form:
1. Corporate Surety: Any domestic or foreign corporation, licensed as a surety in
accordance with law and currently authorized to act as such, may provide bail by a
bond subscribed jointly by the accused and an officer of the corporation duly
authorized by its board of directors.
2. Property Bond: A property bond is an undertaking constituted as lien on the real
property given as security for the amount of the bail. Within ten (10) days after the
approval of the bond, the accused shall cause the annotation of the lien on the
certificate of title on file with the Registry of Deeds if the land is registered, or if
unregistered, in the Registration Book on the space provided therefore, in the
Registry of Deeds for the province or city where the land lies, and on the
corresponding tax declaration in the office of the provincial, city and municipal
assessor concerned. Within the same period, the accused shall submit to the court
his compliance and his failure to do so shall be sufficient cause for the cancellation
of the property bond and his re-arrest and detention.

3. Cash Deposit: The accused or any person acting in his behalf may deposit in cash
with the nearest collector of internal revenue or provincial, city, or municipal
treasurer the amount of bail fixed by the court, or recommended by the prosecutor
who investigated or filed the case. Upon submission of a proper certificate of
deposit and a written undertaking showing compliance with the requirements of
section 2 of this Rule, the accused shall be discharged from custody. The money
deposited shall be considered as bail and applied to the payment of fine and costs
while the excess, if any, shall be returned to the accused or to whoever made the
deposit.
4. Recognizance: Whenever allowed by law or these Rules, the court may release a
person in custody on his own recognizance or that of a responsible person.
New provision on bail in Revised Rules of Criminal Procedure:
The new Rules also provide that bail is not a bar to objections on illegal arrest, or
lack of or irregular preliminary investigation. It states that an application for or
admission to bail shall not bar the accused from challenging the validity of his arrest
or the legality of the warrant issued therefore, or from assailing the regularity or
questioning the absence of a preliminary investigation of the charge against him,
provided that he raises them before entering his plea. The court shall resolve the
matter as early as practicable but not later than the start of the trial of the case.
BONDS

Bond is a contract whereby one party is called the surety or bondsman, for valuable
consideration called the premium, binds itself or himself to guarantee the obligation
or undertaking of another party called the principal, with or in favor of a third party
called the obligee.

Characteristics of a Bond

Bond is a Tri-Partite transaction or agreement

The Surety - issues the bond to guarantee the obligation or undertaking of the
principal
The Principal - on whose behalf the bond is issued by the surety to guarantee his/its
obligation or undertaking with the obligee
The Obligee - in whose favor the bond is issued as guarantee that the principal will
faithfully perform his/its obligation or undertaking with the obligee

Bond is a triangular transaction

The Principal Contract - contract between the principal and the obligee by virtue of
which the former binds himself/itself to faithfully perform his/its obligation or
undertaking
The Surety Bond - by virtue of which the surety guarantees the faithful performance
by the principal of his contract with the obligee
The Indemnity Agreement - one entered into between the principal and the surety
under which the principal binds himself to hold harmless the surety from any loss
arising
from forfeiture of the bond.
Classification of Bonds
Fidelity Bonds - Those that undertake to reimburse the obligee for loss of money
and/or other property because of dishonest acts of the principal.
Judicial Bonds - Those that are required in judicial proceedings, either civil or
criminal, instituted in the courts of justice.

Civil Bonds:

Administrator Bond: Coverage that guarantees that the executor or administrator of

an estate will conduct his or her duties according to the provisions of the will and
the legal requirements of the jurisdiction. If dishonest acts by the executor or
administrator result in financial loss to the estate, the bond will act as an Indemnitor
to the estate. The executor or administrator of the estate posts this bond.
Appeal Bond: Guarantee of payment of the original judgment of a court. When a
judgment is appealed, a bond is usually required to guarantee that if the appeal is
unsuccessful, funds would be available to pay the original judgment as well as costs
of the appeal. This serves to discourage an individual from appealing merely to stall
for time or for frivolous reasons.
Attachment Bond: a bond given by a plaintiff seeking to attach the defendants
property that ensures payment to the defendant of any damages suffered because
of the attachment in the event the plaintiff loses the suit

Guardian Bond: When someone is appointed as the protector, custodian, or

guardian of the interests of someone who does not have the legal capacity to look
after themselves, they may be required by the courts to file guardian bonds if that
person has assets or property that needs attention.
Heirs Bond: Broadly speaking, the term heir includes all persons, whether
relatives or not, who succeed or inherit from a deceased person either by will or
under the laws of intestate succession (when the decedent left not
will). The estate of the deceased constitutes the mass or totality of properties,
whether real or personal, including the transmissible rights and obligation of the
deceased.
Injunction Bond: Type of judicial bond under which a plaintiff is held liable for
damages in the event of a false injunction. The objective of this bond is to protect
the party who has been wrongly accused by a plaintiff and suffers financial loss.
Replevin Bond: a bond given by a plaintiff in a replevin action to cover losses to the
defendant or court officer seizing the property in the defendants possession and
transferring it to the plaintiff in the event that the plaintiff loses the case
Supersedeas Bond: Is a type of surety bond that the court requires from an
appellant who wants to delay the payment of a judgment until the appeal is over.
Bond to Lift Attachment
Bond to Lift Injunction
Counter Replevin Bond
Criminal Bonds:
- Bail Bonds: a bond given by a criminal defendant or by his or her surety to ensure
compliance with the terms of bail and esp. with the requirement that the defendant
appear in court as scheduled

License Bonds - Bonds required by the government or any of its agencies and
instrumentalities to guarantee compliance with the terms and conditions of a
license granted to any person or entity to operate a particular business in the
Philippines.

Customs Bonds - Bonds that guarantee compliance with customs regulations. These
bonds are issued in favor of the Bureau of Customs in accordance with the revised
tariff and customs code of the Philippines. Customs Bond are required principally t
protect government revenue, insure the collection of customs duties, internal
revenue taxes and other charges due on imported articles and compliance with the
rules, regulations and orders promulgated by the Commissioner of Customs in
connection with the importation and warehousing of such articles and the collection
of duties, taxes and other charges due thereon.

Contractors Bond - Bonds which construction contractors and service contractors,

supply and delivery contractors, and service contractors are required to file as

guarantee for the performance of their contracts with the government or private
parties.

Bidders Bond: Guarantees that the successful bidder shall within 30 days or less, at
the discretion of the head of agency/corporation concerned, shall from the receipt of
the award, enter into contract with the government/corporation and furnish the
performance bond for the faithful and complete prosecution of the work specified.

Performance Bonds

For Construction Contract: To guarantee the construction and completion of the

project in accordance with plans and specifications and the terms and conditions of
the contract.
For Supply and Delivery Contract: To guarantee the supply and delivery (and
installation of the equipment materials, etc.) in accordance with the specifications,
terms and conditions of the contract.
For Service Contract - To guarantee the obligation to provide (Security, Janitorial,
Consultancy, etc.) service in accordance with the terms and conditions of the
contract.
Surety Bonds
Surety Bond for Contractors Warranty (Against defects in materials and
workmanship) - Guarantees the correction and repair of any hidden defects in the
materials and workmanship used by the contractor in the project becoming evident
or found within one year from date of final acceptance of the project.
Surety Bond for Partial Release of Retention Money
Surety Bond for Advance Payment - Whether for government infrastructure, noninfrastructure & private contract/projects, the surety bonds for advance payments
undertakes to guarantee the repayment thru deductions from periodic progress
payments of the advance payment to be granted to the contractor for mobilization
expense.
Financial Guarantee/ Guarantee Payment Bonds - This bond guarantees that upon
default of the principal to repay a loan under a promissory note, credit agreement or
other financing agreement, in accordance with the terms and conditions thereof, it
shall be liable to pay the principal amount due, stipulated interest and such other
charges as may be found due under the terms and conditions thereof.
Bail (Rule 114) Nature

(1) All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall before conviction, be bailable by
sufficient sureties, 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 (Sec. 13, Art. III, The
Constitution).

(2) 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 the conditions hereinafter specified. Bail may be given in the form of
corporate surety, property bond, cash deposit, or recognizance (Sec. 1).
(3) Bail is the security required by the court and given by the accused to ensure that
the accused appear before the proper court at the scheduled time and place to
answer the charges brought against him. It is awarded to the accused to honor the
presumption of innocence until his guilt is proven beyond reasonable doubt, and to
enable him to prepare his defense without being subject to punishment prior to
conviction (Cortes vs. Catral, 279 SCRA 1. Its main purpose is to relieve an accused
from the rigors of imprisonment until his conviction and secure his appearance at
the trial (Paderanga vs. CA, 247 SCRA 741).
(4) The person seeking provisional release need not wait for a formal complaint or
information to be filed against him as it is available to all persons where the offense
is bailable, so long as the applicant is in the custody of the law (Paderanga vs. CA,
247 SCRA 741).

(5) Kinds of bail:

(a)Corporate bond one issued by a corporation licensed to provide bail subscribed

jointly by the accused and an officer duly authorized by its board of directors (Sec.
10).
(b)Property bond an undertaking constituted as a lien on the real property given
as security for the amount of the bond (Sec. 11).
(c)Recognizance an obligation of record entered into usually by the responsible
members of the community before some court or magistrate duly authorized to take
it, with the condition to do some particular act, the most usual act being to assure
the appearance of the accused for trial (People vs. Abner, 87 Phil. 566).
(d)Cash deposit the money deposited by the accused or any person acting on his
behalf, with the nearest collector of internal revenue, or provincial, city or municipal
treasurer. Considered as bail, it may be applied to the payment of any fees and
costs, and the excess, if any, shall be returned to the accused or to whoever made
the deposit (Sec. 14).

When a matter of right; exceptions

(1) All persons in custody shall be admitted to bail as a matter of right, with
sufficient sureties, or released on recognizance as prescribed by law or this Rule (a)
before or after conviction by the Metropolitan Trial Court, Municipal Trial Court,
Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before
conviction by the Regional Trial Court of an offense not punishable by death,
reclusion perpetua, or life imprisonment (Sec. 4, Rule 114).
(2) If bail can be granted in deportation cases, we see no justification why it should
not also be allowed in extradition cases. After all, both are administrative

proccedings where the innocence or guilt of the person detained is not in issue
(Govt. of Hongkong vs. Olalia, GR 153675, April 19, 2007).
(3) Bail is a matter of right before final conviction, but the rule is not absolute. The
exception is when a person is charged with a capital offense when the evidence of
guilt is strong, or when the offense for which on is charged is punishable by
reclusion perpetua. The exception to this rule, however, is even if a person is
charged with a capital offense where the evidence of guilt is strong, if the accused
has failing health, hence, for humanitarian reasons, he may be admitted to bail, but
that is discretionary on the part of the court (De La Ramos vs. Peoples Court, 77
Phil. 461; Catiis vs. CA, 487 SCRA 71).

When a matter of discretion

(1) Upon conviction by the Regional Trial Court of an offense not punishable by
death, reclusion perpetua, or life imprisonment, admission to bail is discretionary.
The application for bail may be filed and acted upon by the trial court despite the
filing of a notice of appeal, provided it has not transmitted the original record to the
appellate court. However, if the decision of the trial court convicting the accused
changed the nature of the offense from non-bailable to bailable, the application for
bail can only be filed with and resolved by the appellate court.
Should the court grant the application, the accused may be allowed to continue on
provisional liberty during the pendency of the appeal under the same bail subject to
the consent of the bondsman.
If the penalty imposed by the trial court is imprisonment exceeding six (6) years,
the accused shall be denied bail, or his bail shall be cancelled upon a showing by
the prosecution, with notice to the accused, of the following or other similar
circumstances:
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed
the crime aggravated by the circumstance of reiteration;
(b) That he has previously escaped from legal confinement, evaded sentence, or
violated the conditions of his bail without valid justification;
(c) That he committed the offense while under probation, parole, or under
conditional pardon;
(d) That the circumstances of his case indicate the probability of flight if released on
bail; or
(e) That there is undue risk that he may commit another crime during the pendency
of the appeal. The appellate court may, motu proprio or on motion of any party,
review the resolution of the
Regional Trial Court after notice to the adverse party in either case (Sec. 5, Rule
114).
(2)Where the grant of bail is a matter of discretion, or the accused seeks to be
released on recognizance, the application may only be filed in the court where the
case is pending, whether on preliminary investigation, trial, or on appeal (Sec.
17[a]).

(3)The discretion lies in the determination of whether the evidence of guilt is strong.
If it is determined that it is not strong, then bail is a matter of right. There is no
more discretion of the court in denying the bail, the moment there is a
determination that the evidence of guilt is not strong.
Hearing of application for bail in capital offenses
(1) A bail application in capital offense does not only involve the right of the
accused to temporary liberty, but likewise the right of the State to protect the
people and the peace of the community from dangerous elements. Accordingly, the
prosecution must be given ample opportunity to show that the evidence of guilt is
strong, because, by the very nature of deciding applications for bail, it is on the
basis of such evidence that judicial discretion is exercised in determining whether
the evidence of guilt is strong is a matter of judicial discretion. Though not absolute
nor beyond control, the discretion within reasonable bounds (People vs. Antona, GR
137681, Jan. 31, 2002).
(2) A hearing in an application for bail is absolutely indispensable before a judge can
properly determine whether the prosecutions evidence is weak or strong. In
receiving evidence on bail, while a court is not required to try the merits of the case,
he must nevertheless conduct a summary hearing which is such brief and speedy
method of receiving and considering the evidence of guilt as is practicable and
consistent with the purpose of the hearing which is to determine the weight of the
evidence for purposes of the bail (In re complaint against Judge Elma, AM RTJ-941183, Feb. 8, 1994).
(3) A judge should not hear a petition for bail in capital offenses on the same day
that the petition was filed. He should give the prosecution a reasonable time within
which to oppose the same. Neither is he supposed to grant bail solely on the belief
that the accused will not flee during the pendency of the case by reason of the fact
that he had even voluntarily surrendered to the authorities. Voluntary surrender is
merely a mitigating circumstance in decreasing the penalty that may eventually be
imposed upon the accused in case of conviction but is not a ground for granting bail
to an accused charged with a capital offense (Sule vs. Judge Bitgeng, 60 SCAD
341,April 18, 1995).

Guidelines in fixing amount of bail

(1) The judge who issued the warrant or granted the application shall fix a
reasonable amount of bail considering primarily, but not limited to, the following
factors:
(a) Financial ability of the accused to give bail;
(b) Nature and circumstances of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the accused;

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

(h) Forfeiture of other bail;
(i) The fact that the accused was a fugitive from justice when arrested; and
(j) Pendency of other cases where the accused is on bail. Excessive bail shall not be
required (Sec. 9).

Bail when not required

(1)No bail shall be required when the law or these Rules so provide.
When a person has been in custody for a period equal to or more than the possible
maximum imprisonment prescribed for the offense charged, he shall be released
immediately, without prejudice to the continuation of the trial or the proceedings on
appeal. If the maximum penalty to which the accused may be sentenced is
destierro, he shall be released after thirty (30) days of preventive imprisonment.
A person in custody for a period equal to or more than the minimum of the principal
penalty prescribed for the offense charged, without application of the Indeterminate
Sentence Law or any modifying circumstance, shall be released on a reduced bail or
on his own recognizance, at the discretion of the court (Sec. 16).
Increase or Reduction of Bail
(1)After the accused is admitted to bail, the court may, upon good cause, either
increase or reduce its amount. When increased, the accused may be committed to
custody if he does not give bail in the increased amount within a reasonable period.
An accused held to answer a criminal charge, who is released without bail upon
filing of the complaint or information, may, at any subsequent stage of the
proceedings whenever a strong showing of guilt appears to the court, be required to
give bail in the amount fixed, or in lieu thereof, committed to custody (Sec. 20).
Forfeiture and Cancellation of bail
(1) When the presence of the accused is required by the court or these Rules, his
bondsmen shall be notified to produce him before the court on a given date and
time. If the accused fails to appear in person as required, his bail shall be declared
forfeited and the bondsmen given thirty (30) days within which to produce their
principal and to show cause why no judgment should be rendered against them for
the amount of their bail. Within the said period, the bondsmen must:
(a) produce the body of their principal or give the reason for his non-production; and
(b) explain why the accused did not appear before the court when first required to
do so.
Failing in these two requisites, a judgment shall be rendered against the bondsmen,
jointly and severally, for the amount of the bail. The court shall not reduce or
otherwise mitigate the liability of the bondsmen, unless the accused has been
surrendered or is acquitted (Sec. 21).
(2) Upon application of the bondsmen, with due notice to the prosecutor, the bail
may be cancelled upon surrender of the accused or proof of his death. The bail shall

be deemed automatically cancelled upon acquittal of the accused, dismissal of the

case, or execution of the judgment of conviction. In all instances, the cancellation
shall be without prejudice to any liability on the bail (Sec. 22).

Application not a bar to objections in illegal arrest, lack of or irregular preliminary

investigation

(1) The posting of the bail does not constitute a waiver of any question on the
irregularity attending the arrest of person. He can still question the same before
arraignment, otherwise, the right to question it is deeme3d waived. It was also said
that posting bail is deemed to be a forfeiture of a habeas corpus petition which
becomes moot and academic (Arriba vs. People. `07 SCRA 191; Bagcal vs. Villaroza,
120 SCRA 525).
(2)An application for or admission to bail shall not bar the accused from challenging
the validity of his arrest or the legality of the warrant issued therefor, or from
assailing the regularity or questioning the absence of a preliminary investigation of
the charge against him, provided that he raises them before entering his plea. The
court shall resolve the matter as early as practicable but not later than the start of
the trial of the case (Sec. 26).
(3)The arraignment of an accused is not a prerequisite to the conduct of hearings on
his petition for bail. A person is allowed to petition for bail as soon as he is deprived
of his liberty by virtue of his arrest or voluntary surrender (Mendoza vs. CFI of
Quezon, 51 SCAD 369). an accused need not wait for his arraignment before filing a
petition for bail. In Lavides vs. CA, 324 SCRA 321, it was held that in cases where it
is authorized, bail should be granted before arraignment, otherwise the accused
may be precluded from filing a motion to quash. This pronouncement should be
understood in the light of the fact that the accused in said case filed a petition for
bail as well as a motion to quash the informations filed against him. It was explained
that to condition the grant of bail to an accused on his arraignment would be to
place him in a position where he has to choose between: (1) filing a motion to quash
and thus delay his release on bail because until his motion to quash can be
resolved, his arraignment cannot be held; and (2) foregoing the filing of a motion to
quash so that he can be arraigned at once and thereafter be released on bail. This
would undermine his constitutional right not to be put on trial except upon a valid
complaint or information sufficient to charge him with a crime and his right to bail. It
is therefore not necessary that an accused be first arraigned before the conduct of
hearings on his application for bail. For when bail is a matter of right, an accused
may apply for and be granted bail even prior to arraignment (Serapio vs.
Sandiganbayan, GR Nos. 148468-69, 149116, Jan. 28, 2003).
A bail is a form of security that allows a person in legal custody to be released. He
is, however, required to appear in court under the terms specified in the bond.

Bail is a matter of right, the exception being if the crime is punishable by reclusion
perpetua, life imprisonment or death -if the evidence is strong (and if it's weak, bail
can be granted.) In case of the 3 exceptions, it becomes discretionary and may be
denied. It can also be applied for after conviction in the MTC. If conviction is made in

the RTC bail becomes a matter of discretion even if the crime isn't punishable by
reclusion perpetua, death or life imprisonment.

Bail cannot be excessive and can be applied for even if the privilege of the writ of
habeas corpus is suspended. If a person is arrested by virtue of a warrant, however,
a petition for habeas corpus will not be applicable (Moncupa vs. Enrile, 141 SCRA
233) except in certain instances where the person arrested has a right to be
protected from arbitrary and oppressive actions by the state (Serapio vs.
Sandiganbayan, GR 148468-69, January 28, 2003.)
When a petition for bail is pending in court, a motion to quash an information can be
filed. This is because the accused is allowed to apply for bail the moment he is
arrested.
A bail can take any of the following forms:
1.) Cash
2.) Corporate Surety (usually 7% of the bail, renewable yearly)
3.) Property Bond (must be equal to the amount of bail)
4.) Recognizance (the bailed person is insolvent and his appearance in court will be
guaranteed by another person in good standing -allowed only if the offense isn't
serious)
Conditions
1.) A bail remains effective until judgment is made in the RTC, whether or not the
RTC is in its original or appellate jurisdiction unless it's cancelled.
2.) The accused must appear in court under the following instances:
a.) Identification purposes
b.) Arraignment
c.) Promulgation of judgment (unless he's convicted for a light offense)
3.) If the accused is absent, he waives his right to be present at trial and he is tried
in absentia. For trial in absentia, the following are the requisites:
a.) The accused was already arraigned
b.) He was duly notified of the trial
c.) He has no justification for his absence
4.) The bondsman will surrender the accused to the court for execution of judgment
and they can arrest him. Take note of this article.
Even if the accused is absent, his lawyer must still be present at the proceedings so
that his constitutional right to counsel isn't violated.
Right to bail or recognizance ----People v. Nitcha

 murder; claim that arrest was illegal for want of preliminary investigation Act of
posting a bail bond,
apart from the fact that he entered a plea of not guilty, is tantamount to foregoing
the right to question the assumed irregularity; Bail is a matter of right when the
offense charged is punishable by any penalty lower than reclusion perpetua
(absolute); Bail is a matter of discretion when the offense charged is punishable by
reclusion perpetua; If accused ins convicted by the crime (reclusion perpetua), bail
is neither a matter of right nor a matter of discretion. Bail must not be granted.
Cardines v. Rosete
illegal recruitment life imprisonment (special laws), reclusion perpetua (RPC),
same standing with regard to bail under the new rule, life imprisonment (not
granted as a matter of right when evidence of guilt is strong.
People v. Sandiganbayan (Special Division)
Jinggoy Estrada; not a flight risk
Even if the capital offense charged is bailable owing to the weaknesses of the
evidence of guilt, the right to bail can justifiably still be denied if the probability of
escape is great; A grant of bail does notprevent the trier of facts from making a final
assessment of the evidence after full trial on the merits. A grant of bail is predicated
only on its preliminary appreciation of the evidence adduced in the bail hearing to
determine whether the deprivation of the right to bail is warranted.
Government of Hong Kong v. Olalia
extradition; right to bail If bail can be granted in deportation cases,, the Court
sees no justification why it should not also be ed in extradition cases clearly the
right of a prospective extraditee to apply for bail must be viewed in light of the
various treaty obligations of the Philippines concerning respect for the promotion
and protection of human rights.
Rodriguez v. Presiding Judge, RTC Manila Br. 17
when can the right to bail in extradition be available - Bail may be granted to a
possible extraditee only upon a clear and convincing showing: 1) that he will not be
a flight risk or a danger to the community and; 2) that there exist special,
humanitarian and compelling circumstances.
----- Waiver of right ----People v. Donato
rebellion is a bailable offense; bail as a matter of right Right to bail shall not be
impaired even when the privilege of the writ of habeas corpus is suspended;
Prosecution does not have the right to present evidence for the denial of bail in the
instances where bail is a matter of right, such is required only bail is discretionary;
Waiver of the right
1) the right exists;
2) voluntary relinquishment;
Right to bail may be waived.

----- Excessive bail ----de la Camara v. Enage

excessive bail Where the right to bail exists, is should not be rendered nugatory
by requiring a sum that is so excessive;
Guidelines in fixing the bail:
1) ability of the accused to give bail;
2) nature of the offense;
3) penalty for the offense charged;
4) character and reputation of the accused;
5) health of the accused;
6) character and strength of evidence;
7) probability of the accused appearing in trial;
8) forfeiture of other bonds;
9) whether the accused was a fugitive from justice when arrested;
10) if the accused is under bond for appearance at trial in other cases.

Conditions And Requirements Of Bail

Sec. 2. Conditions of the bail; requirements. All kinds of bail are subject to the
following conditions:

(a) The undertaking shall be effective upon approval, and unless cancelled,
shall remain in force at all stages of the case until promulgation of the
judgment of the Regional Trial Court, irrespective of whether the case was
originally filed in or appealed to it;

(b) The accused shall appear before the proper court whenever required by
the court of these Rules;

(c) The failure of the accused to appear at the trial without justification and
despite due notice shall be deemed a waiver of his right to be present thereat. In
such case, the trial may proceed in absentia; and

(d) The bondsman shall surrender the accused to the court for execution of
the final judgment.

The original papers shall state the full name and address of the accused,
the amount of the undertaking and the conditions required by this section.
Photographs (passport size) taken within the last six (6) months showing the face,
left and right profiles of the accused must be attached to the bail.

WHAT ARE THE CONDITIONS OF THE BAIL?

1.
If before conviction, that the defendant shall answer the complaint or
information in the court in which it is filed or to which it may be transferred for trial
2.
After conviction, that he will surrender himself in execution of the judgment
that the appellate court may render
3.
That in case the cause is remanded for new trial, he will appear in court to
which it may be remanded and submit himself to the orders and processes
thereof
*For failure to perform any of these conditions, the bond given as security thereof
may be forfeited.

CAN THE COURT IMPOSE OTHER CONDITIONS OR LIMITATIONS ON THE BAIL?

>
Yes, the trial court may impose other conditions in granting bail where
the likelihood of the accused jumping bail or of committing other harm to the
citizenry is feared.
>
The court even has the power to prohibit a person admitted to bail from leaving
the Phiippines or restrict his right to travel
DOES AN ADDITIONAL CONDITION NOT VIOLATE THE PROHIBITION ON EXCESSIVE
BAIL?
>
No because the determination if there is excessive bail would depend on
the facts and circumstances of each case
>
Bail would still be determined based on the following factors--financial
liability of the accused to give bail; nature and circumstance of the
offense; penalty for the offense charged; character and reputation of the
accused; age and health of the accused; weight of the evidence against the
accused; probability of the accused appearing at the trial; forfeiture of other bail;
the fact that the accused was a fugitive from justice when arrested; and
pendency of other cases where the accused is on bail.
Exception To Bail As A Matter Of Right
Sec. 4. Bail, a matter of right; exception. All persons in custody shall be
admitted to bail as a matter of right, with sufficient sureties, or released on
recognizance as prescribed by law or this Rule (a) before or after conviction by the
Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or
Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial court of
an offense not punishable by death, reclusion perpetua, or life imprisonment

WHAT IS THE GENERAL RULE REGARDING THE RIGHT TO BAIL?

> As a general rule, before conviction of any criminal offense any person shall
be bailable, except when such person is charged with a capital offense and the
evidence of guilt is strong
> From the moment a person is under custody, under arrest or detention or
restraint by the officers of the law, he can claim the
IS BAIL A MATTER OF RIGHT OR OF DISCRETION? WHEN IS IT EITHER?
> Bail is either a matter of right or of discretion
> Upon custody and prior to conviction, it is a MATTER OF RIGHT when the
offense charged is not punishable by death, life imprisonment, or reclusion
perpetua
> However, upon conviction by the RTC of an offense not punishable by death, life
imprisonment, or reclusion perpetua, bail becomes a MATTER OF DISCRETION NOTA
BENE: When bail is a matter of right, the accused may apply for and be granted
bail even prior to arraignment.
IF THE ACCUSED IS CONVICTED IN THE RTC FOR AN OFFENSE WITH LESS
THAN 6 YEARS OF IMPRISONMENT, IS BAIL A MATTER OF RIGHT OR OF DISCRETION?
> It is matter of discretion
> Bail after conviction in the RTC for an offense not punishable by a
capital punishment is a matter of discretion

IF THE ACCUSED IS CONVICTED IN THE RTC FOR AN OFFENSE PUNISHABLE

FROM 6 TO 8 YEARS, IS BAIL A MATTER OF RIGHT OR OF DISCRETION?
> It is neither a matter of right nor a matter of discretion. Why? It should be denied
due to the high flight risk.

WHEN CAN THE PROSECUTION MOVE FOR THE CANCELLATION OR DENIAL OF BAIL
OF THE ACCUSED?
> If the penalty imposed by the court is imprisonment for more than 6 years, the
prosecution may move for the denial or cancellation of the bail of the accused,
with notice to the accused, upon showing of the following circumstances:

1. That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed

the crime aggravated by the circumstance of reiteration;
2. That he has previously escaped from legal confinement, evaded sentence,
or violated the conditions of his bail without valid justification;
3.
That he committed the offense while under probation, parole, or conditional
pardon;

4.
That the circumstances of his case indicate the probability of flight if released
on bail; or
5.
That there is undue risk that he may commit another crime during the
pendency of the appeal.

WHEN MAY A PERSON BE NOT ADMITTED TO BAIL?

> When the evidence of guilt is strong, a person shall not be admitted to bail
if charged with a capital offense, or when charged with an offense that under the
law is punishable with reclusion
perpetua at the time of the commission of the offense and at the time of application
for bail
WHEN IS A BAIL HEARING NECESSARY?
> The present rules provide that a bail hearing is mandatory on granting bail,
whether it is a matter of right or of discretion
> Even in cases where there is no petition for bail, a hearing should still be had
> It is incumbent upon the prosecution to show evidence of guilt is strong.
there is absence or refusal, court shall still conduct a hearing.

Even if

IF PROSECUTOR REFUSES, WHAT EVIDENCE SHOULD BE USED BY THE COURT?

> If the prosecutor refuses to cooperate, the evidence that should be used
by the court is the evidence found in the information, complaint or even
the records of the case or preliminary investigation conducted
CAN THE COURT MOTU PROPIO GRANT BAIL EVEN IF THERE IS NO APPLICATION?
> No.
WHAT IS REQUIRED OF THE JUDGE WHO DENIES AN APPLICATION FOR BAIL?
> The order denying bail issued by the judge should contain a summary of
the evidence presented and the reason for the denial, otherwise, it shall be void
> The reason is that there is a need for clear grounds before a person can
be denied his liberty
> This is to safeguard the constitutional right to presumption of innocence
IF THERE IS A POSSIBILITY THAT THE ACCUSED WOULD JUMP BAIL, WHAT CAN
THE COURT DO?
1.

Increase the amount of the bail

2.

Require periodic reports of the accused to court

3.

Warn the accused that should he jump bail, the trial may proceed in absentia

Offenses Not Bailable, Bail As A Matter Of Discretion

Sec. 7. Capital offense or an offense punishable by reclusion perpetua or life
imprisonment, not bailable. No person charged with a capital offense, or an
offense punishable by reclusion perpetua or life imprisonment, shall be

admitted to bail when evidence of guilt is strong, regardless of the state of

the criminal prosecution.

IN AN INFORMATION FILED BEFORE THE RTC, RP WAS CHARGED WITH

VIOLATION OF PD 1866 FOR ILLEGAL POSSESSION OF FIREARMS PUNISHABLE
BY RECLUSION TEMPORAL MAXIMUM TO RECLUSION PERPETUA.
PENDING
TRIAL, RP WAS RELEASED ON BAIL. THEREAFTER, RP WAS CONVICTED AS
CHARGED AND METED AN INDETERMINATE PENALTY OF 17 YEARS 4 MONTHS AND 1
DAY OF RECLUSION TEMPORAL TO 21 YEARS OF RECLUSION PERPETUA. ON APPEAL,
RPS CONVICTION WAS AFFIRMED AND HIS BAIL WAS CANCELLED. RP APPEALED TO
THIS DECISION AND PRAYED TO BE
ALLOWED TO POST BAIL FOR TEMPORARY LIBERTY. IS RP ENTITLED TO BAIL?
> In this case, appellant was convicted of a crime punishable by reclusion
perpetua. He is therefore not entitled to bail as his conviction clearly imports
that the evidence of guilt is strong.
> Furthermore, a summary hearing for his bail application for the sole purpose
of determining whether or not evidence is strong is unnecessary.
> The extensive trial before the lower court and the appeal before respondent
court are more than sufficient in accomplishing the purpose for which a
summary hearing for bail application is designed
The grant or denial of bail in capital offense hinges on the strength of the evidence
of guilt. This requires that the trial court to conduct bail hearings wherein both
the prosecution and the defense are afforded sufficient opportunity to present
their respective evidence. The burden of proof lies with the prosecution to show the
evidence of guilt is strong. But the determination of whether the evidence of guilt is
strong is a matter of judicial discretion. Though not absolute nor beyond control,
the discretion of the trial court must be sound and exercised within reasonable
grounds.
MUST THE DEFENSE PRESENT ANY EVIDENCE DURING THE HEARING ON THE
APPLICATION FOR BAIL?
> No, the burden of proof is upon the prosecution to show that the evidence of guilt
of accused is strong
WHAT ARE THE DUTIES OF THE TRIAL JUDGE IN CASE AN APPLICATION FOR BAIL IS
FILED?
1.
Notify the
recommendation
2.

prosecutor

of

the

hearing

or

require

him

to

submit

Conduct a hearing

3. Decide whether the evidence of guilt is strong based on the summary of

evidence of the prosecution
4. If the guilt of the accused is not strong, discharge the accused upon the
approval of the bail bond. If evidence of guilt is strong, the petition should be
denied.

CAN THE COURT REFUSE TO ACCEPT A CORPORATE SURETY AND REQUIRE

INSTEAD THE POSTING OF A CASH BOND?
> No, the trial court may not reject otherwise acceptable sureties and insist
that the accused obtain his provisional liberty only through a cash bond
> The posting of the cash bond would entail a transfer of assets into the
possession of the court, and its procurement could work untold hardship on the part
of the accused as to have the effect of altogether denying the accuseds
constitutional right to bail.

> On the other hand, a surety bond may be obtained by the accused by the
payment of a relatively small premium. A surety or property bond doesn't require
an actual financial outlay on the part of the bondsmand or property owner.
> It is only the reputation or credit standing of the bondsman or the
expectancy of the price at which the property can be sold is placed in the hands of
the court to guarantee the production of the body of the accused at the various
proceedings leading to conviction or acquittal.