CRIMINAL PROCEDURE
RULE 114 - BAIL
Section 1. Bail defined. —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.
Where does the right to bail emanate from?
The right to bail is cognate to the fundamental right to be presumed
innocent. (People v. Escobar)
The right to bail emanates from the accused’s constitutional right to
be presumed innocent. (People v. Fitzgerald)
prevents resort to the former pernicious practice wherein the accused
could just send another in his stead to post his bail without
recognizing the jurisdiction of the court by his personal appearance
therein and compliance with the requirements therefor. (Miranda v.
Tuliao)
Who can exercise the right to bail?
A person who is in custody of law or otherwise deprived of his
liberty. (Docena-Caspe v. Bugtas)
Section 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 or these Rules;
What is the nature of bail?
A bond given to secure the personal liberty of one held in restraint
upon a criminal or quasi-criminal charge. (Insular Government v.
Punzalan)
(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
What is the object of bail?
The object of bail is to relieve the accused of imprisonment and the
state of the burden of keeping him, pending the trial. (Manotok v.
CA)
What is the purpose of bail?
To release an accused from imprisonment until his conviction and
yet secure his appearance at the trial of his case. (Almeda v. Villaluz)
Constitutional Basis
Sec. 13, Art. 3 – “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.”
Custody of the Law
It is required before the court
can act upon the application of
bail.
It is accomplished either by
arrest or voluntary surrender.
One can be under custody of
the law but not yet subject to
jurisdiction of the court over
his person. Ex. A person
arrested by virtue of a warrant
files
a
motion
before
arraignment to quash the
warrant.
Being in the custody of the law
signifies restraint on the
person.
Jurisdiction Over the
Person of the Accused
It is not required for the
adjudication of other reliefs.
It is acquired upon his arrest or
voluntary appearance.
One can be subject to
jurisdiction of the court over
his person, and not yet be in
the custody of the law. Ex. An
accused escapes custody after
his trial has commenced.
This is not so in case of
jurisdiction over the person.
(Miranda v. Tuliao)
Rationale of the Rules on Bail
In Feliciano v. People, the SC held that, the purpose of the bail is to
secure one’s release of a person who is in the custody of law. The
rational behind this special rule on bail is that it discourages 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. (2a)
Section 3. No release or transfer except on court order or bail. —
No person under detention by legal process shall be released or
transferred except upon order of the court or when he is
admitted to bail.
Can the Governor order the release or transfer of the detained
person? – No.
The power to order the release or transfer of a person under detention
by legal process is vested in the court, not in the provincial
government, much less the governor. (Ambil, Jr. v. Sandiganbayan)
Section 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.
Bail a matter of right under the Constitution?
However, bail may be a matter of right or judicial discretion. The
accused has the right to bail if the offense charged is not punishable
by death, reclusion perpetua or life imprisonment before conviction.
However, if the accused is charged with an offense and the penalty
of which is death, reclusion perpetua, or life imprisonment –
regardless of the stage of the criminal prosecution – and when
evidence of one’s guilt is not strong, then the accused’s prayer for
bail is subject to the discretion of the trial court. (Padua v. People)
Test to Determine Whether Bail is a Matter of Right
It is the imposable penalty prescribed by law for the crime charged
which should be considered and not the penalty to be actually
imposed. (People v. Valdez)
Requirement in Order for the Accused to Post Bail in a Bailable
Offense
Must be in the custody of law. The must make their personal
appearance in the posting of the bail. (Padua v. People)
Can bail be granted as a matter of right if the accused charged
with a capital offense appeals his conviction for a non-capital
crime? – No.
Bail cannot be granted as a matter of right after the accused, who is
charged with a capital offense, appeals his conviction for a noncapital crime. (Obosa v. CA and People)
May the accused convicted of a capital offense be entitled to bail
as a matter of right despite appeal to the SC?
An accused who is charged with a capital offense or an offense
punishable by reclusion perpetua, and is thereafter convicted of the
offense charged, shall no longer be entitled to bail as a matter of
right even if he appeals the case to the SC since his conviction
imports that the evidence of his guilt of the offense charged is strong.
(People v. Valeriano)
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 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.
When is bail a matter of discretion?
Is bail a matter of right even prior arraignment? – Yes.
Upon conviction by the RTC of an offense not punishable by death,
reclusion perpetua, or life imprisonment, admission to bail is
discretionary.
An accused may apply for and be granted bail even prior to
arraignment. (Serapio v. Sandiganbayan)
Can the accused who is convicted of an offense punishable by 1
year imprisonment be admitted to bail? – Yes.
Will the application for bail still be available even if a motion to
quash is filed? – Yes.
Where the accused is convicted of offense punishable only by
imprisonment of one year each, his admission to bail during the
pendency of his appeal becomes imperative and indispensable. The
right to bail is a constitutional guaranty which every person under
legal custody may invoke, except those disqualified under the law.
(Moslares v. CA)
The Court finds no such inconsistency exists between an application
of an accused for bail and filing of a motion to quash. (Serapio v.
Sandiganbayan)
Bail in Case of Juveniles in Conflict with the Law
Sec. 27 on the Rules on Juveniles in Conflict with the Law (A.M.
No. 02-1-18-SC, November 24, 2009)
Section 27. Bail as a Matter of Right. – All children in conflict
with the law shall be admitted to bail as a matter of right before
final conviction of an offense not punishable by reclusion
perpetua, life imprisonment.
Section 5. Bail, when discretionary. —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
What is the effect if one of the circumstances under Sec. 5 is
present?
Bail after conviction is not a matter of right. Its grant or cancellation
is within the sound discretion of the court. xxx The presence of even
one of the enumerated circumstances is sufficient cause to deny or
cancel bail. (Reyes v. People)
When does the right to bail end?
After conviction by the trial court, the presumption of innocence
terminates, and accordingly, the constitutional right to bail ends.
(Obosa v. CA)
Bail in Case of Juveniles in Conflict with the Law
Section 28. When Bail Not a Matter of Right. – No child charged
with an offense punishable by reclusion perpetua or life
imprisonment shall be admitted to bail when evidence of guilt is
strong. In this case, the court shall commit the to a youth
detention home or youth rehabilitation center, or in the absence
thereof, to the care of a provincial, city or municipal jail as
provided for in Section 27 of this Rule, which shall be
responsible for the appearance of the child in court whenever
required.
Section 6. Capital offense, defined. —A capital offense is an
offense which, under the law existing at the time of its
commission and of the application for admission to bail, may be
punished with death.
How should the capital nature of the offense be determined in
relation to the application for bail?
The capital nature of an offense is determined by the penalty
prescribed by law, with reference to which it is relatively easy to
ascertain whether the evidence of guilt against the accused is strong.
(Bravo v. Borja)
Capital Offenses under RPC and special penal laws
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
Treason (Art. 114)
Qualified Piracy (Art. 123)
Parricide (Art. 246)
Murder (Art. 248)
Infanticide (Art. 255)
Kidnapping (Art. 267, as amended)
Robbery with Homicide (Art. 294)
Rape with Homicide ((RA 2632)
Plunder (RA 7080)
Violation of the Dangerous Drugs Act (RA 9165)
On the part of the prosecution, that the evidence of guilt against the
accused is strong, and on the part of the defense, the opposite. (Janet
Lim Napoles v. Sandiganbayan)
Is the standard of proof in an application for bail the same with
demurrer to evidence? – No.
In a demurrer to evidence, as in the case of Macapagal-Arroyo, the
accused imposes a challenge on the sufficiency of the prosecution’s
entire evidence. The stage at which the accused may demur to the
sufficiency of the prosecution’s evidence is during the trial on the
merits itself – particularly, after the prosecution has rested its case.
(Janet Lim Napoles v. Sandiganbayan)
Can the application for bail be denied when the accused is a
flight risk, regardless if the evidence of guilt is strong? – Yes.
The trial court may also deny the application for bail when the
accused is a flight risk, notwithstanding the prosecution’s evidence
on the guilt of the accused. (Janet Lim Napoles v. Sandiganbayan)
Section 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 stage of the criminal
prosecution.
Is res judicata applicable in case of denial of the petition of bail?
– No.
When is bail available in case of a capital offense?
Par. 10(a), Title III of the Revised Guidelines for Continuous
Trial of Criminal Cases
This national commitment to uphold the fundamental human rights
as well as value the worth and dignity of every person has authorized
the grant of bail not only to those charged the criminal proceedings
but also to extradite upon a clear and convincing showing: (1) that
the detainee will not be a flight risk or a danger to the community;
and (2) that there exist special, humanitarian and compelling
circumstances. (Juan Ponce Enrile v. Sandiganbayan)
Who has the power to determine whether the evidence of guilt is
strong?
The matter of determining whether or not the evidence is strong is a
matter of judicial discretion that remains with the judge. (Jamora v.
Bersales)
What is the nature of the power of the court to grant or deny an
application for bail?
The court’s grant or denial of the bail application must contain a
summary of the prosecution’s evidence. On this basis, the judge
formulates his or her own conclusion on whether such evidence is
strong enough to indicate the guilt of the accused. (People v. Novo
Tanes)
Is hearing required in a petition for bail? – Yes.
A hearing, whether summary or otherwise in the discretion of the
court, must actually be conducted to determine whether or not the
evidence of guilt against the accused is strong. (People v. Hon.
Antona)
Duties of the judge in case of application for bail
The court is to conduct only a summary hearing, or 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 merely to determine the weight of evidence for purposes of bail.
(Ramon Revilla v. Sandiganbayan)
Duties of the parties in case of application for bail
An interlocutory order denying an application for bail, in this case
being criminal in nature, does not give rise to res judicata. (People
v. Escobar)
Petition for bail
Petition for bail filed after the filing of the information shall be
set for summary hearing after arraignment and pre-trial.
Testimony of a witness in petition for bail may be in the form
allowed by subheading III, item no. 11, par. b (Form of
Testimony) of the Revised Guidelines, provided that the
demeanor of the witness is not essential in determining his/her
credibility.
Petition for bail shall be heard and resolved within a nonextendible period of thirty (30) calendar days from date of the
first hearing, except in drug cases which shall be heard and
resolved within twenty (20) calendar days, without need of oral
argument and submission of memoranda, consistent with the
su1nmary nature of the proceedings. (See Annexes 8-A and 8-B)
Motion for reconsideration on the resolution of petition for bail
shall be resolved within a non-extendible period of ten (10)
calendar days from date of submission of the motion.
Par. 10(b), Title III of the Revised Guidelines for Continuous
Trial of Criminal Cases
Evidence in petition for bail
The importance of a bail hearing and a summary of evidence cannot
be downplayed as there are considered aspects of procedural due
process for both the prosecution and the defense. (Docena-Caspe v.
Bugtas)
The resolution of petition for bail shall be based solely on the
evidence presented during the bail proceedings by the
prosecution. The prosecution shall present only pieces of
evidence that are essential in establishing that the evidence of
guilt is strong. The accused need not present evidence to
contradict or rebut the prosecution's evidence.
What is the nature of the right to bail?
Par. 10(c), Title III of the Revised Guidelines for Continuous
Trial of Criminal Cases
Is bail hearing required in case of capital offense? – Yes.
Non-suspension of the presentation of evidence
The court shall not suspend the presentation of the evidence in
chief while awaiting resolution of the petition for bail or the
motion for reconsideration.
Section 8. Burden of proof in bail application. — At the hearing
of an application for bail filed by a person who is in custody for
the commission of an offense punishable by death, reclusion
perpetua, or life imprisonment, the prosecution has the burden
of showing that evidence of guilt is strong. The evidence
presented during the bail hearing shall be considered
automatically reproduced at the trial but, upon motion of either
party, the court may recall any witness for additional
examination unless the latter is dead, outside the Philippines, or
otherwise unable to testify.
How should the judge conduct summary hearing on the petition
for bail?
The court is to conduct only a summary hearing, or 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 merely to determine the weight of evidence for purposes of bail.
What are the duties of the judge once an application for bail is
filed?
1.
2.
3.
4.
In all cases whether bail is a matter of right or discretion,
notify the prosecutor of the hearing. (Sec. 18, Rule 114)
Where bail is a matter of discretion, 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. (Secs. 7-8)
Decide whether the guilt of the accused is not strong.
If the guilt of the accused is not strong, discharge the
accused upon the approval of the bail bond.
What is the effect if the evidence of guilt is not strong?
A bail application does not only involve the right of the accused to
temporarily liberty, but likewise the right of the State to protect the
people and the peace of the community from dangerous elements.
(People v. Manalo)
In case where the penalty of the crime committed is that of death,
reclusion perpetua or life imprisonment, hearing on the application
for bail is mandatory to determine whether the evidence of guilt is
strong. (Directo v. Bautista)
Meaning of hearing on bail application
The hearing contemplated is the presentation of proof that the
evidence of guilt is strong. (Narciso v. Sta. Romana Cruz)
Requirement on the order of bail after the hearing
After the hearing, the court’s order granting or refusing bail must
contain a summary of the evidence for the prosecution. (DocenaCaspe v. Bugtas)
Section 9. Amount of bail; guidelines.—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.
What is the effect of imposition of excessive bail on the right to
bail?
Where the right to bail exists, it should not be rendered nugatory by
requiring a sum that is excessive. Otherwise, the right to bail
becomes meaningless. (Magcusang v. People)
When the evidence of guilt is not strong, bail becomes a matter of
right. (Serapio v. Sandiganbayan)
How should the rules on bail be construed?
What is the duty of the court of the prosecution refuses to
present evidence?
Judges should ensure strict compliance therewith at all times in their
respective jurisdictions. (Atty. Hilario v. Hon. Ocampo III)
It was held that even where the prosecutor refuses to adduce
evidence in opposition to the application to grant and fix bail, the
court may ask the prosecution such questions as would ascertain the
strength of the People’s evidence or judge the adequacy of the
amount of bail.
Section 10. 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.
What is the nature of a bail hearing?
What law govern the posting of corporate surety bail?
Act No. 536 governs the issuance of corporate surety to be posted
by the accused who was charged before the court for his temporary
liberty.
Is it proper for the court to order that the accused shall post bail
by means of a cash bond?
The condition that the accused may have provisional liberty only
upon his posting of a cash bond is abhorrent to the nature of bail and
transgresses our law on the matter.
Section 11. Property bond, how posted. — 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 Register of
Deeds if the land is registered, or if unregistered, in the
Registration Book on the space provided therefor, 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.
Section 12. Qualifications of sureties in property bond. — The
qualification of sureties in a property bond shall be as follows:
(a) Each must be a resident owner of real estate within the
Philippines;
(b) Where there is only one surety, his real estate must be worth
at least the amount of the undertaking;
(c) If there are two or more sureties, each may justify in an
amount less than that expressed in the undertaking but the
aggregate of the justified sums must be equivalent to the whole
amount of bail demanded.
In all cases, every surety must be worth the amount specified in
his own undertaking over and above all just debts, obligations
and properties exempt from execution.
Section 13. Justification of sureties. — Every surety shall justify
by affidavit taken before the judge that he possesses the
qualifications prescribed in the preceding section. He shall
describe the property given as security, stating the nature of his
title, its encumbrances, the number and amount of other bails
entered into by him and still undischarged, and his other
liabilities. The court may examine the sureties upon oath
concerning their sufficiency in such manner as it may deem
proper. No bail shall be approved unless the surety is qualified.
Section 14. Deposit of cash as bail. — The accused or any person
acting in his behalf may deposit in cash with the nearest collector
or 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.
Section 15. Recognizance. — Whenever allowed by law or these
Rules, the court may release a person in custody to his own
recognizance or that of a responsible person.
What is recognizance?
It 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. A recognizance does not require
the signature of the accused for its validity. (People v. Abner)
R.A. 10389 otherwise known as “An Act Institutionalizing
Recognizance as a Mode of Granting the Release of an Indigent
Person in Custody as an Accused in a Criminal Case and for
Other Purposes”
Section 3. Recognizance Defined. – Recognizance is a mode of
securing the release of any person in custody or detention for the
commission of an offense who is unable to post bail due to abject
poverty. The court where the case of such person has been filed
shall allow the release of the accused on recognizance as
provided herein, to the custody of a qualified member of the
barangay, city or municipality where the accused resides.
Section 4. Duty of the Courts. – For purposes of stability and
uniformity, the courts shall use their discretion, in determining
whether an accused should be deemed an indigent even if the
salary and property requirements are not met. The courts may
also consider the capacity of the accused to support not just
himself/herself but also his/her family or other people who are
dependent on him/her for support and subsistence.
Section 5. Release on Recognizance as a Matter of Right
Guaranteed by the Constitution. – The release on recognizance of
any person in custody or detention for the commission of an
offense is a matter of right when the offense is not punishable by
death, reclusion perpetua, or life imprisonment: Provided, That
the accused or any person on behalf of the accused files the
application for such:
(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: Provided,
further, That 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 the person’s recognizance.
Section 6. Requirements. – The competent court where a
criminal case has been filed against a person covered under this
Act shall, upon motion, order the release of the detained person
on recognizance to a qualified custodian: Provided, That all of
the following requirements are complied with:
(a) A sworn declaration by the person in custody of his/her
indigency or incapacity either to post a cash bail or proffer any
personal or real property acceptable as sufficient sureties for a
bail bond;
(b) A certification issued by the head of the social welfare and
development office of the municipality or city where the accused
actually resides, that the accused is indigent;
(c) The person in custody has been arraigned;
(d) The court has notified the city or municipal sanggunian
where the accused resides of the application for recognizance.
The sanggunian shall include in its agenda the notice from the
court upon receipt and act on the request for comments or
opposition to the application within ten (10) days from receipt
of the notice. The action of the sanggunian shall be in the form
of a resolution, and shall be duly approved by the mayor, and
subject to the following conditions:
(b) The accused is a recidivist, quasi-recidivist, habitual
delinquent, or has committed a crime aggravated by the
circumstance of reiteration;
(1) Any motion for the adoption of a resolution for the purpose
of this Act duly made before the sanggunian shall he considered
as an urgent matter and shall take precedence over any other
business thereof: Provided, That a special session shall be called
to consider such proposed resolution if necessary;
(c) The accused had been found to have previously escaped from
legal confinement, evaded sentence or has violated the
conditions of bail or release on recognizance without valid
justification;
The resolution of the sanggunian shall include in its resolution a
list of recommended organizations from whose members the
court may appoint a custodian.
(2) The presiding officer of the sanggunian shall ensure that its
secretary shall submit any resolution adopted under this Act
within twenty-four (24) hours from its passage to the mayor who
shall act on it within the same period of time from receipt
thereof;
(3) If the mayor or any person acting as such, pursuant to law,
fails to act on the said resolution within twenty-four (24) hours
from receipt thereof, the same shall be deemed to have been
acted upon favorably by the mayor;
(4) If the mayor or any person acting as such, pursuant to law,
disapproves the resolution, the resolution shall be returned
within twenty-four (24) hours from disapproval thereof to the
sanggunian presiding officer or secretary who shall be
responsible in informing every member thereof that the
sanggunian shall meet in special session within twenty-four (24)
hours from receipt of the veto for the sole purpose of considering
to override the veto made by the mayor.
For the purpose of this Act, the resolution of the sanggunian of
the municipality or city shall be considered final and not subject
to the review of the Sangguniang Panlalawigan, a copy of which
shall be forwarded to the trial court within three (3) days from
date of resolution.
(e) The accused shall be properly documented, through such
processes as, but not limited to, photographic image
reproduction of all sides of the face and fingerprinting:
Provided, That the costs involved for the purpose of this
subsection shall be shouldered by the municipality or city that
sought the release of the accused as provided herein, chargeable
to the mandatory five percent (5%) calamity fund in its budget
or to any other available fund in its treasury; and
(f) The court shall notify the public prosecutor of the date of
hearing therefor within twenty-four (24) hours from the filing of
the application for release on recognizance in favor of the
accused: Provided, That such hearing shall be held not earlier
than twenty-four (24) hours nor later than forty-eight (48) hours
from the receipt of notice by the prosecutor: Provided, further,
That during said hearing, the prosecutor shall be ready to
submit the recommendations regarding the application made
under this Act, wherein no motion for postponement shall be
entertained.
Section 7. Disqualifications for Release on Recognizance. – Any
of the following circumstances shall be a valid ground for the
court to disqualify an accused from availing of the benefits
provided herein:
(a) The accused bad made untruthful statements in his/her
sworn affidavit prescribed under Section 5(a);
(d) The accused had previously committed a crime while on
probation, parole or under conditional pardon;
(e) The personal circumstances of the accused or nature of the
facts surrounding his/her case indicate the probability of flight
if released on recognizance;
(f) There is a great risk that the accused may commit another
crime during the pendency of the case; and
(g) The accused has a pending criminal case which has the same
or higher penalty to the new crime he/she is being accused of.
Section 8. Qualifications of the Custodian of the Person Released
on Recognizance. – Except in cases of children in conflict with
the law as provided under Republic Act No. 9344, the custodian
of the person released on recognizance must have the following
qualifications:
(a) A person of good repute and probity;
(b) A resident of the barangay where the applicant resides;
(c) Must not be a relative of the applicant within the fourth
degree of consanguinity or affinity; and
(d) Must belong to any of the following sectors and institutions:
church, academe, social welfare, health sector, cause-oriented
groups, charitable organizations or organizations engaged in the
rehabilitation of offenders duly accredited by the local social
welfare and development officer.
If no person in the barangay where the applicant resides belongs
to any of the sectors and institutions listed under paragraph (d)
above, the custodian of the person released on recognizance may
be from the qualified residents of the city or municipality where
the applicant resides.
Section 9. Duty of the Custodian. – The custodian shall undertake
to guarantee the appearance of the accused whenever required
by the court. The custodian shall be required to execute an
undertaking before the court to produce the accused whenever
required. The said undertaking shall be part of the application
for recognizance. The court shall duly notify, within a
reasonable period of time, the custodian whenever the presence
of the accussed is required. A penalty of six (6) months to two
(2) years imprisonment shall be imposed upon the custodian
who failed to deliver or produce the accused before the court,
upon due notice, without justifiable reason.
Section 10. Role of the Probation Officer. – Upon release of the
person on recognizance to the custodian, the court shall issue an
order directing the Probation Office concerned to monitor and
evaluate the activities of such person. The Probation Office
concerned shall submit a written report containing its findings
and recommendations on the activities of the person released on
recognizance on a monthly basis to determine whether or not
the conditions for his/her release have been complied with. The
prosecution including the private complainant, if any, shall be
given a copy of such report.
Section 11. Arrest of a Person Released on Recognizance. – The
court shall order the arrest of the accused, who shall forthwith
be placed under detention, due to any of the following
circumstances:
(a) If it finds meritorious a manifestation made under oath by
any person after a summary healing, giving the accused an
opportunity to be heard;
(b) If the accused fails to appear at the trial or whenever
required by the abovementioned court or any other competent
court without justification, despite due notice;
(c) If the accused is the subject of a complaint for the commission
of another offense involving moral turpitude and the public
prosecutor or the mayor in the area where the offense is
committed recommends the arrest to the court; or
(d) If it is shown that the accused committed an act of
harassment such as, but not limited to, stalking, intimidating or
otherwise vexing private complainant, prosecutor or witnesses
in the case pending against the accused: Provided, That upon
the issuance by the court of such order, the accused shall
likewise become the proper subject of a citizen’s arrest pursuant
to the Rules of Court.
Section 12. No Release on Recognizance After Final Judgment or
Commencement of Sentence; Exception. – The benefits provided
under this Act shall not be allowed in favor of an accused after
the judgment has become final or when the accused has started
serving the sentence: Provided, That this prohibition shall not
apply to an accused who is entitled to the benefits of the
Probation Law if the application for probation is made before
the convict starts serving the sentence imposed, in which case,
the court shall allow the release on recognizance of the convict
to the custody of a qualified member of the barangay, city or
municipality where the accused actually resides.
Section 16. Bail, when not required; reduced bail or recognizance.
— 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 prescribe 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.
(16a)
Section 17. Bail, where filed. — (a) Bail in the amount fixed may
be filed with the court where the case is pending, or in the
absence or unavailability of the judge thereof, with any regional
trial judge, metropolitan trial judge, municipal trial judge, or
municipal circuit trial judge in the province, city, or
municipality. If the accused is arrested in a province, city, or
municipality other than where the case is pending, bail may also
be filed with any regional trial court of said place, or if no judge
thereof is available, with any metropolitan trial judge,
municipal trial judge, or municipal circuit trial judge therein.
(b) 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.
(c) Any person in custody who is not yet charged in court may
apply for bail with any court in the province, city, or
municipality where he is held.
Where should bail be filed when it is a matter of right?
The accused is arrested in the province, city or municipality other
than where his case is pending. The accused has two options. First,
he may file bail in the court where his case is pending or, second, he
may file bail with any regional trial court in the province, city or
municipality where he was arrested. (Altobano-Ruiz v. Hon. Pichay)
Section 18. Notice of application to prosecutor. — In the
application for bail under section 8 of this Rule, the court must
give reasonable notice of the hearing to the prosecutor or
require him to submit his recommendation.
What is the requirement in case of a bail hearing?
In all cases, whether bail is a matter of right or discretion, notify the
prosecutor of the hearing of the application for bail or require him
to submit his recommendation.
What is the nature of the notice to the prosecutor?
Reasonable notice of hearing is required to be given to the
prosecutor or fiscal, or at least, he must be asked for his
recommendation. (Young v. Batuegas)
What is the liability of the judge if bail is granted without notice
to the prosecutor?
The judge is guilty of gross ignorance of the law. (Baylon v. Sison)
Section 19. Release on bail. — The accused must be discharged
upon approval of the bail by the judge with whom it was filed in
accordance with section 17 of this Rule.
Whenever bail is filed with a court other than where the case is
pending, the judge who accepted the bail shall forward it,
together with the order of release and other supporting papers,
to the court where the case is pending, which may, for good
reason, require a different one to be filed.
What is the liability of the officer who delays the release of a
detention prisoner?
It is provided under Art. 126 of the RPC that:
The penalties provided for in article 124 shall be imposed upon any
public officer or employee who delays for the period of time specifie
therein the performance of any judicial or executive order for the
release of a prisoner or detention prisoner, or unduly delays the
service of the notice of such order to said prisoner or the proceedings
upon any petition for the liberation of such person.
Section 20. Increase or reduction of bail. — 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 and 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.
What is the remedy of the court if there is probability of escape
of the accused?
The remedy is to increase the amount of the bail without making it
excessive. (Sy Guan v. Amparo)
Section 21. Forfeiture of bond. — 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.
What is the duty of the bondsmen or surety under Sec. 20, Rule
114?
It is the bonding company’s responsibility to produce the accused
whenever required and its failure to do so indisputably constitutes a
breach of guaranty. (People v. Gantang Kasim)
What is the nature of the duty of the bondsmen or sureties?
When the obligation of bail is assumed, the bondsmen or sureties
become in law the jailers of the principal. (US v. Addison)
Section 22. Cancellation of bail. — 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 bond.
What is the effect of cancellation of bail on the civil liability?
Thus, if the accused unjustifiably failed to appear after being
required, and later, he died, his subsequent death will not exonerate
the bondsmen. (People v. Cordero)
What is the rule on the effectivity of the liability of the
bondsmen?
Until the court has ordered the cancellation of the bail, the liability
of the surety remains. (People v. Valle)
What is the remedy in case of denial of this petition for
cancellation of bail?
Upon the denial of a petition for the cancellation of a bond given in
a criminal case, an appeal will undoubtedly lie against the order
denying the petition because of its final character. (Babasa v.
Lineburger)
Section 23. Arrest of accused out on bail. — For the purpose of
surrendering the accused, the bondsmen may arrest him or,
upon written authority endorsed on a certified copy of the
undertaking, cause him to be arrested by a police officer or any
other person of suitable age and discretion.
Effects of Failure to Comply with the Duties of the Bondsmen
An accused released on bail may be re-arrested without the
necessity of a warrant if he attempts to depart from the
Philippines without permission of the court where the case is
pending.
Judgment shall be rendered against the bondsman jointly and
severally, for the amount of their bail. (Luzon Surety Co. v.
Montemayor)
The bondsmen or agents do not need to secure a warrant of arrest
from the court to apprehend and deliver the accused to the court.
(People v. Caderao)
The mere surrender of the accused without a satisfactory explanation
for his non-appearance will not suffice to avoid the forfeiture of the
bail. (Luzon Surety Co. v. Montemayor)
Section 24. No bail after final judgment; exception. — No bail
shall be allowed after the judgment of conviction has become
final. If before such finality, the accused has applies for
probation, he may be allowed temporary liberty under his bail.
When no bail was filed or the accused is incapable of filing one,
the court may allow his release on recognizance to the custody
of a responsible member of the community. In no case shall bail
be allowed after the accused has commenced to serve sentence.
Remedy of the Surety
The remedy of the surety is to appeal from the order directing the
execution of the judgment of forfeiture and not from the writ of
execution. (Citizen’s Surety & Ins. Co. Inc. v. Concepcion)
Bail is not allowed:
Will the mere surrender of the accused without satisfactory
explanation for his non-appearance be sufficient to avoid
forfeiture of bail? – No.
The mere surrender of the accused without a satisfactory explanation
for his non-appearance will not suffice to avoid the forfeiture of the
bail. (Luzon Surety Co. v. Montemayor)
What is the rule in case of judgment on the bond after acquittal?
If the judge’s judgment on the bond was rendered after the acquittal
of the accused, the judgment on the bond is null and void for lack of
jurisdiction because the acquittal becomes final immediately after
the promulgation. (Belfast Surety and Insurance. Co. Inc. v. People)
a.
b.
After a judgment of conviction has become final
In no case shall bail be allowed after the accused has
commenced to serve sentence.
Exception
The only exception to the above-cited provision of the Rules of
Court is when the convict has applied for probation before he
commences to serve sentence, provided the penalty and the offenses
are within the purview of the Probation Law. (Vicente v. Judge
Majaducon)
Section 25. Court supervision of detainees. — The court shall
exercise supervision over all persons in custody for the purpose
of eliminating unnecessary detention. The executive judges of
the Regional Trial Courts shall conduct monthly personal
inspections of provincial, city, and municipal jails and their
prisoners within their respective jurisdictions. They shall
ascertain the number of detainees, inquire on their proper
accommodation and health and examine the condition of the jail
facilities. They shall order the segregation of sexes and of minors
from adults, ensure the observance of the right of detainees to
confer privately with counsel, and strive to eliminate conditions
inimical to the detainees.
In cities and municipalities to be specified by the Supreme
Court, the municipal trial judges or municipal circuit trial
judges shall conduct monthly personal inspections of the
municipal jails in their respective municipalities and submit a
report to the executive judge of the Regional Trial Court having
jurisdiction therein.
A monthly report of such visitation shall be submitted by the
executive judges to the Court Administrator which shall state
the total number of detainees, the names of those held for more
than thirty (30) days, the duration of detention, the crime
charged, the status of the case, the cause for detention, and other
pertinent information. (25a)
Section 26. Bail not a bar to objections on illegal arrest, lack of or
irregular preliminary investigation. — 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.
When should said issues be raise?
The issues must be raised before entering his plea. (Torralba v.
Sandiganbayan)