Take Note:
http://www.chanrobles.com/admincircular12-
94.htm#.VvJ2aEcuqvy
Right to bail:
Bail is the security given for the release of a person in
custody of the law, furnished by him or a bondsman,
conditioned upon 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.
Rationale:
An assurance that the accused would to come to
court to attend court hearing whenever
required.
It is only an estimate of the court, equivalent to
the penalty of the crime committed.
Cash bond
Can be returned
Surety Bond where the accused will pay the Bondman
through a premium to secure the custody and the post
the bail of the accused
Can no longer be returned
Property Bond
Property to be posted to secure the release of a
person in custody of the law.
Release on Recognizance
Applicable only to non-afflictive penalties.
A person with known probity in the community
will guarantee the appearance of the accused.
Reclusion Perpetua vs Life Imprisonment
Reclusion perpetua entails imprisonment for at
least thirty [30] years after which the convict
becomes eligible for pardon. It also carries with
it accessory penalties, namely: perpetual special
disqualification, etc. It is not the same as life
imprisonment which, for one thing, does not
carry with it any accessory penalty, and for
another, does not appear to have any definite
extent or duration.
When invoke?
A person when under detention even no formal
charges being filed may invoke the constitutional
right to post bail.
Basic principle only by a person under custody of
the law, whose freedom are already restrained.
Is a matter of right as a general rule.
TAKE NOTE
Bail, a Matter of Right. All persons in custody shall: (a)
before or after conviction by the Metropolitan Trial Court,
Municipal Trial Court, Municipal Trial Court in Cities and
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, be
admitted to bail as a matter of right, with sufficient
sureties, or be released on recognizance as prescribed by
law or this Rule.
Bail, When Discretionary. Upon conviction by the
Regional Trial Court of an offense not punishable by
death, reclusion perpetua or life imprisonment, the
court, on application, may admit the accused to bail.
Exceptions:
1. When charge with an offense punishable
by reclusion Perpetua or higher and
when the evidence of the guilt of the
accused is strong in order to deny him
the right to bail.
It is the duty of the judge to
determine
2. Bail is neither matter of right nor a
matter of discretion on the part of the
court after conviction of reclusion
Perpetua.
Standards for fixing Bail:
a) [a] Financial ability of the accused to give bail;
b) [b] Nature and circumstances of the offense;
c) [c] Penalty of the offense charged;
d) [d] Character and reputation of the accused;
e) [e] Age and health of the accused;
f) [f] The weight of the evidence against the
accused;
g) [g] Probability of the accused appearing in trial;
h) [h] Forfeiture of other bonds;
i) [i] The fact that accused was a fugitive from
justice when arrested; and cralaw
j) [j] The pendency of other cases in which the
accused is under bond.cralaw
Can be waive? YES
The failure of the accused to appear at the trial without
justification despite due notice to him or his bondsman
shall be deemed an express waiver of his right to be
present on the date specified in the notice. In such case,
the trial may proceed in absentia
Person illegally arrested:
Has the right to bail
Writ of Habeas corpus:
The writ of habeas corpus is an order issued by a
competent court, directed to a person detaining another,
commanding him to produce the body of the prisoner at
a designated time and place, to explain the time and
cause of the caption and detention, and to follow what
the court or judge awarding the writ shall consider in
behalf of the prisoner. The purpose of the issuance of the
writ is to inquire on the legality of the restraint or
detention without necessarily ordering the release of the
prisoner.
The privilege of the writ of habeas corpus, on the other
hand, is an order coming from the court to (immediately)
release the prisoner if the court finds that the detention
is without legal cause or authority.
When invoke?
When there is an excessive punishment
When cannot?
When the person in custody of a proper officer,
under a process issued by a court which has
jurisdiction to do so.
Remedy:
Motion to quash the warrant
Prohibited punishment:
Excessive fines
Right to Speedy Trial and Disposition of cases
Speedy Trial Only invoke when the criminal case
is already on trial proper
With respect to the speedy disposition of a case
it can be invoke anytime. (invoke by the
respondent and the complainant)
Even complaints file in the ombudzman or in any
court
This right is violated:
o Capricious delays
o Oppressive delays
INVOLUNTARY SERVITUDE
Slavery
Non-imprisonment of debt
No person shall be imprisoned for debt.
o In case of estafa because of deceit and
abuse of confidence.
o Crime of fraud.
o Cases tainted with criminality.
Right against to Double Jeopardy
Sec. 21 art. 3
No person shall be
Requisites: (rendered on the first jeopardy)
1. There must be a valid complaint or information
filed by a prosecutor before the court after
preliminary investigation.
2. This complaint or information must be filed
before a competent court (the court has a
territorial jurisdiction over the case)
3. To which the defendant or accused had pleaded
(the accused is arraigned already)
4. The defendant or accused was acquitted or
convicted the case was dismissed or terminated
without his express consent.
a. Terminated without his express consent
- Not the accused filed a motion to
dismissed
When invoke:
When the accused is charged for the same
offense which was already filed and dismissed.
Can move to quash the same information to
invoke his right against double jeopardy.
Act violating law and ordinance
The conviction or acquittal on either shall bar the
prosecution of filing the same case on another.