RULE 114: BAIL

-Under the Rules of Court, bail is the security given for the release of a person in custody of the
law, furnished by him or a bondsman, to guarantee his appearance before any court as required
under certain specified conditions

*Under the Rules of Court, bail is the security given for the release of a person in custody of the
law, furnished by him or a bondsman, to guarantee his appearance before any court as required
under certain specified conditions.
* purpose of bail is to guarantee the appearance of a person before any court when so required
*That the accused shall appear before the proper court whenever required by the court or by the
Rules is also one of the conditions in all kinds of bail

-Right of bail is a constitutional right. . It is personal in nature and is therefore, waivable.

*The right to bail springs from the presumption of innocence accorded every accused upon
whom should not be inflicted incarceration at the outset since after the trial he would be entitled
to acquittal, unless his guilt be established beyond reasonable doubt

-Since bail is the security for the release of a person under custody of the law (Sec. 1, Rule 114),
it is evident that it is not intended to cover the civil liability of the accused in the same criminal
case.
*money deposited as bail may however, be considered not only as bail. It may also be applied to
the payment of fines and costs while the excess if any shall be returned to the accused or to
whoever made the deposit
*When a person indicted for an offense is arrested, he is deemed placed under the custody of the
law.

-When a person indicted for an offense is arrested, he is deemed placed under the custody of the
law. He is placed in actual restraint of liberty in jail so that he may be bound to answer for the
commission of the offense. He must be detained in jail during the pendency of the case against
him, unless he is authorized by the court to be released on bail or on recognizance. (People v.
Honorable Maceda)

-"All persons, except those charged with offenses pun- ishable 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 , Article III, 1987 Constitution.)
*All persons shall, before conviction, be bailable. This is the general rule which makes the right
to bail a constitutional right. Excepted from this general rule are those who are charged with
offenses punishable by reclu- sion perpetua when evidence of guilt is strong. The per- son
accused of such offense however, shall be entitled to bail when evidence of guilt is not strong.
*The test is not whether the evidence establishes guilt beyond reasonable doubt but rather
whether it shows evident guilt or a great presumption of guilt

Who furnishes bail:

-The bail may be furnished by the bail applicant himself or by a bondsman

Obligations of the bondsman

1. The bondsman shall surrender the accused to the court for execution of the final judgment.
For the purpose of surrendering the accused, the bondsman may arrest him or, upon written
authority endorsed on a certified copy of the undertaking
2. An accused released on bail may be re-arrested without the necessity of a warrant if he
attempts to depart from the country without the permission of the court
3. Authority of the bondsman to arrest or cause the arrest of the accused springs from the old
principle that once the obligation of bail is assumed, the bondsman or surety becomes the jailer
of the accused and is subrogated to all the rights and means which the government possesses to
make his control over him effective

- A free man can’t be subjected to bail. Thus, it would be incongruous, to file a petition for bail
for someone whose freedom has yet to be curtailed (Docena-Caspe v Bagtas)
*A person applying for admission to bail must be in the custody of the law or otherwise deprived
of his liberty. A person who has not submitted himself to the jurisdiction of the court has no right
to invoke the processes of that court.
*As bail is intended to obtain or secure one's provisional liberty, the same cannot be posted
before custody over him is acquired by the judicial authorities, either by his lawful
arrest(including warrantless arrests) or voluntary surrender. (Paderanga v CA)

Bail to guarantee appearance of witnesses

-While the rule is that bail does not apply to a person who is not in custody of the law, the bail
required to secure the appearance of a material witness constitutes an exception to the rule
because he may he ordered to post bail even if he is not under detention. (Sec. 14 of Rule 119)
*"When the court is satisfied, upon proof or oath, that a material witness will not testify when
required, the court, may, upon motion of either party, order the witness to post bail in such sum
as may be deemed proper." If he refuses to post bail, the court shall commit him to prison until
he complies or is legally discharged after his testimony has been taken.”

Bail for those not yet charged

-A person deprived of his liberty by virtue of his arrest or voluntary surrender may apply for bail
as soon as he is deprived of his liberty, even before a complaint or information is filed against
him (Serapio v Sandiganbayan)

*It is elementary that a municipal trial court judge has no authority to grant bail to an accused
arrested outside of his territorial jurisdiction

Effects of failure to appear at trial

-The failure of the accused to appear at the trial without justification despite due notice shall be
deemed a waiver of his right to be present and the trial may proceed in absentia (Sec.2(d) Rule
114)
-In Lavides v. Court of Appeals, the Court ruled on the issue of whether an accused must first be
arraigned before he may be granted bail.
It was held in Lavides that the grant of bail should not be conditioned upon the prior arraignment
of the accused. In cases where bail is authorized, bail should be granted before arraignment,
otherwise the accused will be precluded from filing a motion to quash which is to be done before
arraignment. If the information is quashed and the case is dismissed, there would be no need for
the arraignment of the accused.

*It was ruled that 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. An accused need not wait for his arraignment
before filing a petition for bail. It is 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.
*Further, if the court finds in such case that the accused is entitled to bail because the evidence
against him is not strong, he may be granted provisional liberty even prior to arraignment

Forms of bail:
-Bail may be given in the following forms:
(a) corporate surety,
(b) property bond,
(c) cash deposit, or
(d) recognizance

*Corporate surety — This is bail furnished by a corporation.

*Property bond — A property bond is an undertaking constituted as lien on the real property
given as security for the amount of the bail. (Check Sec. 12 of Rule 114, on the rules on sureties
on property bonds)
*Cash deposit — Bail may also be in the form of a 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 or the clerk of court where the case is pending, the amount
of bail fixed by the court or recommended by the prosecutor who investigated or filed the same.
*Recognizance — This is an obligation of record entered into before some court or magistrate
duly authorized to take it, with the condition to do some particular act, the most usual condition
in criminal cases being the appearance of the accused for trial.
Cases where release on recognizance is applicable:

1.When the offense charged is for violation of an ordinance, a light felony, or a criminal offense,
the impos- able penalty of which does not exceed six (6) months
2.Where a person has been in custody for a pe- riod equal to or more than the minimum of the
imposable principal penalty, without application of the Indetermi- nate Sentence Law or any
modifying circumstance
3.Where the accused has applied for probation, pending finality of the judgment but no bail was
filed
4.In case of a youthful offender held for physical and mental examination, trial, or appeal, if he is
unable to furnish bail
5.In summary procedure, when the accused has been arrested for failure to appear when required.
His release shall be either on bail or on recognizance by a responsible citizen acceptable to the
court

-In fixing bail, the amount should be high enough to assure the presence of the accused when
such presence is required but no higher than is reasonably calculated to fulfill this purpose

Duration of bail:
-The undertaking under the bail shall be effective upon approval, and unless cancelled, shall
remain in force at all stages of the case until promulgation of judgment of the Regional Trial
Court, irrespective of whether the case was originally filed in or appealed to it. (Sec. 2(a) Rule
114)

When bail is not allowed:

1. A person charged with a capital offense, or an offense punishable by reclusion perpetua or life
imprisonment, shall be not admitted to bail when evidence of guilt is strong regardless of the
stage
2. Bail shall not be allowed after a judgment of conviction has become final
3. Bail shall not be allowed after the accused has commenced to serve sentence

When bail is a matter of right:

-The general rule is that all persons in custody shall be admitted to bail as a matter of right. This
rule applies to the following situations:
(a) before conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial
Court in Cities, or Municipal Circuit Trial Court
(b) after conviction by the courts mentioned in letter "a”;
(c) before conviction by the Regional Trial Court of an offense not punishable by death,
reclusion perpetua, or life imprisonment

*Bail is not a matter of right to a person charged with a capital offense, or an offense punishable
by reclusion perpetua or life imprisonment. He shall not be admitted to bail when evidence of
guilt is strong regardless of the stage of the criminal prosecution. Whether or not the evidence of
guilt is strong is a matter to be determined by the court after a hearing to be conducted (Sec.8 of
Rule 114)

-When the accused is charged of a capital offense BEFORE conviction at the RTC, bail becomes
DISCRETIONARY. The exercise by the trial court of its discretionary power to grant bail to an
accused charged with a capital offense thus depends on whether the evidence of guilt is strong.
The court should first conduct a hearing, whether summary or otherwise in the discretion of the
court to determine the existence of strong evidence or the lack of it

-The remedy of the petitioner from the order of the trial court denying a petition for bail is to file
a petition for certiorari if the trial court committed a grave abuse of its discretion amounting to
excess or lack of jurisdiction in issuing the said order (People v Gomez)

When bail is discretionary:

- bail is a matter of right before conviction by the Regional Trial Court of an offense not
punishable by death, reclusion perpetua or life imprisonment. But when the accused has been
convicted in the Regional Trial Court of an offense not punishable by death, reclusion perpetua
or life imprisonment, the admission to bail becomes discretionary [after conviction]
-If the grant of bail becomes discretionary when the accused has been convicted in the Regional
Trial Court of an offense not punishable by death, reclusion perpetua or life imprisonment (Sec. 5,
Rule 114, Rules of Court), it follows that if the penalty imposed is death, reclusion perpetua or
life imprisonment, bail should be denied because this means that the reason for the conviction is
that the evidence of guilt against him is strong. [so, if AFTER conviction at RTC of capital
offenses, bail should be DENIED because evidence of guilt is ALREADY strong(beyond
reasonable doubt bec already convicted), as per the conviction of the accused.]

*If the decision of the RTC 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

*If the application for bail is granted, the accused may be allowed to continue on provisional
liberty during the pendency of the appeal under the same bail. This rule is however, subject to the
consent of the bondsman

*If the penalty imposed is death, reclusion perpetua or life imprisonment, bail should be denied
since the conviction indicates strong evidence of guilt based on proof beyond reasonable doubt
*Even if the penalty imposed by the trial court is not any of the above but merely imprisonment
exceeding six (6) years, the accused shall be denied bail, or his bail already allowed shall be
cancelled, if the prosecution shows the following or other similar circumstances:
(a) That the accused is a recidivist or a quasi-recid- ivist, a habitual delinquent or has committed
the crime aggravated by the circumstance of reiteration;
(b) That the accused has previously escaped from legal confinement, evaded sentence, or
violated the conditions of his bail without valid justification;
(c) That the accused committed the offense while under probation, parole or 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

Bail pending appeal where penalty imposed exceeds six(6) years

-In an application for bail pending appeal by an appellant sentenced by the trial court to a penalty
of imprisonment for more than six years, the discretionary nature of the grant of bail pending
appeal does not mean that bail should automatically be granted absent any of the circumstances
mentioned in the third paragraph of Section 5, Rule 114

-A summary hearing is defined as "such brief and speedy method of receiving and considering
the evidence of guilt as is practicable and consistent with the purpose of hearing which is merely
to determine the weight of evidence for the purposes of bail. On such hearing, the court does not
sit to try the merits or to enter into any nice inquiry as to the weight that ought to be allowed to
the evidence for or against the accused, nor will it speculate on the outcome of the trial or on
what further evidence may be therein offered and admitted.

-The bail hearing is mandatory in order to give the prosecution reasonable opportunity to oppose
the application by proving that the evidence of guilt is strong. It also to enables the judge to make
an intelligent assessment of the evidence presented by the parties.

-Summarizing earlier jurisprudence, Narciso v. Santa Romana-Cruz enumerated the following

duties of the trial judge in a petition for bail in offenses punishable by death, reclusion perpetua
or life imprisonment:

(a)Notify the prosecutor of the hearing of the application for bail or require him to submit his
recommendation
(b)Conduct a hearing of the application for bail regardless of whether or not the prosecution
refuses to present evidence to show that the guilt of the accused is strong for the purpose of
enabling the court to exercise its sound discretion
(c)Decide whether the evidence of guilt of the accused is strong based on the summary of
evidence of the prosecution
(d)If the guilt of the accused is not strong, discharge the accused upon the approval of the bail
bond. Otherwise, the petition should be denied.

*Even if the capital offense charged is bailable owing to the weakness of the evidence of guilt,
the right to bail may justifiably still be denied if the probability of escape is great (People v
Sandiganbayan)
*A grant of bail does not prevent the trier of facts from making a final assessment of the
evidence after full trial on the merits(id)

-The evidence presented during the bail hearing shall be considered automatically reproduced at
the trial. However, any witness during the bail hearing may, upon motion of either party, be
recalled by the court for additional examination except if such witness is dead, outside the
Philippines, or otherwise unable to testify (Sec.8of Rule 114)

- As a general rule, the application for bail may be filed with the court where the case is pending.
If the judge thereof is absent or unavailable, then the application may be filed with any Regional
Trial Court judge, Metropolitan Trial Court judge, Municipal Trial Court judge, or Municipal
Circuit Trial Court judge in the province, city, or municipality
-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, on trial, or
appeal (Sec.17(b) of Rule 114)

-When a person is in custody but not yet charged, he may apply for bail with any court in the
province, city or municipality where he is held

-Even after the accused is admitted to bail, the amount of bail may either be increased or reduced
by the court upon good cause (Sec.20 of Rule 114)
*When increased, the accused may be committed to custody if he does not give bail in the
increased amount within a reasonable period.
*If upon the filing of the complaint or information the accused is released without bail, he may
later be required to give bail in the amount fixed by the court whenever at any subsequent stage
of the proceedings a strong showing of guilt appears to the court. If he does not give bail he may
be committed into custody

-One of the conditions of the bail is for the accused to appear before the proper court whenever
required (Sec. 2[b], Rule 114, Rules of Court). When his presence is required, his bondsmen
shall be notified to produce him before the court on a given date and time.

-If he fails to appear in person as required, his bail shall be declared forfeited. The bondsmen
shall be 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 the bail.

-The application or admission of the accused to bail shall not bar him from challenging both the
validity of his arrest or the legality of the warrant issued therefore, provided that he raises them
before entering his plea.
*The principle that the accused is precluded from questioning the legality of the arrest after
arraignment is true only if he voluntarily enters his plea and participates during trial, without
previously invoking his objections thereto