Released on Bail

Last week, I had an interview in one of the radio stations in the city. One of the
questions being asked to me was: “Can the police officer post bail if they are the suspect
in a case?”

My answer on whether the police officer can post bail will depend on the crime he
is being accused of and whether the evidence of guilt against him is strong. This
principle is applicable to all persons who committed a crime regardless of their job
description or status in the society.

The right to bail is guaranteed by our Constitution. Bail emanates from a person’s
constitutional right to be presumed innocent until proven otherwise.

Section 13 of Article III of the 1987 Constitution states that, “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.”

Section 1, Rule 114 of the Rules of Criminal Procedure defines bail as 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 herein
specified.”

The Constitution and the Rules are clear that a person has a right to bail unless
that person is being charged of an offense punishable by reclusion perpetua, death, or
life imprisonment, and the evidence of the person’s guilt is strong.

In order to determine this, he must file a petition for bail. In this way, the court
can decide whether or not he can post bail. If the court, finds that the evidence of guilt is
not strong against him, then he will be allowed to post bail.

In the Philippines, a person can only file a Petition for Bail when the applicant of
the bail himself or herself is in custody. This means that those who would like to apply
for bail must either voluntarily surrender or has been arrested already.

When a person is arrested, he is restrained physically, jailed or imprisoned so

that he may be made to answer for the crimes or infractions he committed. If the person
wants to temporarily restore his freedom while his case is on trial, he must post bail.

So again, posting a bail does not depend on the person himself who committed
the crime. It depends on the nature and characteristic of the crime committed as well as
the evidence of guilt is strong.