conditions of the bai1

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Conditions of the Bail Pursuant to Section 2, Rule 114 of the Revised Rules in Criminal Procedure1 , all kinds of bail are subject to the following conditions, to wit: Sec. 2. Conditions of the Bail; Requirements. xxx. a. The undertaking shall be effective upon approval and remain in force at all stages of the case, unless sooner canceled, until the promulgation of the judgment of the Regional Trial Court, irrespective of whatever the case was originally filed in or appealed to it; b. The accused shall appear before the proper court whenever so required by the court or these Rules; c. 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; and d. The bondsman shall surrender the accused to the court for execution of the final judgment.

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Conditions of the Bail

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Conditions of the BailPursuant to Section 2, Rule 114 of the Revised Rules in Criminal Procedure1, all kinds of bail are subject to the following conditions, to wit:Sec. 2. Conditions of the Bail; Requirements. xxx.a. The undertaking shall be effective upon approval and remain in force at all stages of the case, unless sooner canceled, until the promulgation of the judgment of the Regional Trial Court, irrespective of whatever the case was originally filed in or appealed to it;b. The accused shall appear before the proper court whenever so required by the court or these Rules;c. 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; andd. The bondsman shall surrender the accused to the court for execution of the final judgment.These conditions must be complied with by accused availing of the bail. The first condition makes it imperative for a judge/court official to ensure that the accused sign an application for bail and such undertaking be approved, and likewise, the court cannot skip such rule. In the casePantillo III v. Canoy,2the court judge did not require the respondent to sign a written application for bail. Such, the Court held that:despite the noblest reasons, the Rules of Court may not be ignored at will and at random to the prejudice of the rights of another.

As to the second condition, the purpose of the bail is to guarantee the appearance of the accused at the trial (Almeda v. Villaluz)3, or whenever so required by the court.4It follows that it is the responsibility of the accused to make himself available to the Court(People v. Jaranilla).5More so, in the bond posted by the accused, there was the usual undertaking that the accused would appear and answer the charge, hold himself amenable to the orders of the court, and, if convicted, would appear for judgment.6The fourth condition amplifies the need for the presence of the accused during the promulgation of a judgment or conviction. A judgment of conviction cannot be executed and the sentence meted to accused cannot be served without his presence.7However, it is to note that no additional conditions may be imposed. But, when the court finds that there is likelihood of the accused jumping bail or commiting other harm to the citizenry is feared, the court may grant other conditions in granting bail.8