Rule 114BAIL

Group 6ARMILLOS, Princess

SALVACION, NhorwayLAS PINAS, Sylvia

DIMAYACYAC. JermainePILE, Timothy

VILLAMAR, Redmil

Bail defined

Bail» Security given» release a person in custody of law» to guarantee his appearance before any court as required

Bondsman» furnishes the security given» for the provisional release of the person

Nature of bail» Constitutional right ; personal and waivable

» Springs from the presumption of innocence

» Not intended to cover the civil liability

» The money deposited as bail may also be applied to the payment of fines and costs

» The grant of bail or its denial has no impact on the civil liability

Conditions of the bail» Undertaking shall be effective upon approval, shall remain in all stages of

the case until judgment.

» Accused shall appear before the proper court whenever required

» Failure to appear without justification shall be deemed a waiver of his right to be present

» Bondsman shall surrender the accused to the court for execution

Release and Transfer

• General Rule:– No person under detention by legal process shall

be released or transferred

Exception:Upon order of the courtWhen he is admitted to bail

Release and Transfer

Q: What if a warrant has been issued against AAA, not having been taken into custody yet, filed a petition for bail, will the case prosper?

A: He may not file a petition for bail since he, in the first place, is not under legal custody. He is considered once he is deprived of his liberty, whether fully or partially.

(Dinapol v. Baldado)

§4 Bail, a matter of right

(1) Before or after conviction pending appeal by the MTC. (2) Before conviction by RTC of all offenses punishable by

penalty lower than reclusion perpetua.

§5 Bail, a matter of discretion(1) After conviction by the RTC for an offense which is not

penalized with death, reclusion perpetua or life imprisonment

(2) If the imposable penalty is six years or more under any of the circumstances …[modes of repetition]

(3) Has previously escaped confinement

§6 Capital offense• Is an offense– existing at the time of its commission AND at the

time of the application for admission to bail• may be punished with death

§7 Capital offense or an offense punishable by reclusion perpetua or life imprisonment = not bailable

May a person charged with capital offense be admitted to bail?

• It depends, when such capital offense gives a clear showing that the evidence of guilt is strong or not. Regardless of the stage of the criminal prosecution.

To whom does the burden of proof lie?

• The prosecution has the burden of showing that the evidence of guilt is strong, as in Section 8

• And only in as much evidence required to prove bail.

Notice of hearing?

Requirements: • Mandatory - that the prosecutor be given reasonable notice

of the hearing of the application for bail• Indispensable - before a judge can properly determine

whether the prosecution’s evidence is weak or strong

Guidelines for determining the amount for Bail• Financial liability• Nature and circumstance of the offense;• Penalty• Character and reputation• Age and health• Weight of the evidence• Probability of the accused appearing at the trial;• Forfeiture of other bail;• The fact that the accused was a fugitive from justice when

arrested; and• Pendency of other cases

Principal factors to consider?

• Probability of the accused appearing at the trial;

• Flight to avoid punishment(Villasenor v Abano)

Q: AAA was charged with Plunder, no bail was recommended. Accused took all legal remedy to bail and motion to quash but such was suspended and counter petitioned. Prosecution & Sandiganbayan contends that only upon arraignment may he file petition for bail. Is the prosecutions contention correct?

A: No, accused need not wait arraignment before filing petition for bail especially when it is a matter of right. Sandiganbayan committed a grave abuse of discretion amounting to excess of jurisdiction in ordering arraignment before hearing petition for bail.

A person is allowed to petition for bail as soon as he is deprived of liberty by virtue of his arrest or voluntary surrender

(Serapio v. Sandiganbayan)

* In cases where grant of bail is authorized, it should not be conditioned upon prior arraignment of accused, otherwise he will be precluded to file a motion to quash which is to be done before arraignment (Rule117, Section 1: Time to move to a quash / Lavides v. Court of Appeals)

Forms of bail that may be given?

§ 10 Corporate surety-Obligation, which becomes void upon performance of acts required by the court-Pays premium of the total amount of bail as security-Payable to the proper officer, company

§ 11 Property bond-Title of property is used as security-Shall cause annotation before the Register of Deeds – 10 days

Forms of bail that may be given?

§14 Cash deposit-Cash in the amount fixed by court-Cash bond will be forfeited in case of failure to appear-Deposited:

>Nearest collector of internal revenue>Provincial, city, municipal treasurer>Clerk of court where case is pending

§ 15 Recognizance-Obligation of record-Executed before the court/magistrate duly authorized-With a disinterested person with high credibility who shall

undertake/execute an affidavit of recognizance>Requiring the accused’s presence when the court orders such

§12 & 13; qualifications & justifications

In all cases, the surety of properties must be worth the amount specified in his own undertaking over and above all just debts, obligations and properties exempt from execution (Sec. 12).

No bail shall be approved unless the surety is qualified (Sec. 13).

§16 Bail, when not required?

When is bail not required?1. When the offense charged is for violation of an ordinance, a light

felony, or a criminal offense the penalty of which does not exceed 6 months imprisonment and/or a fine of P2,000 under the circumstances provided in R.A. No. 6036

2. When the preventive imprisonment undergone by the accused is equal to or more than the possible maximum imprisonment prescribed for the offense charged, he shall be immediately released.

3. When the preventive imprisonment undergone by the accused is at least 30 days and the maximum penalty for his offense is destierro, he must be released immediately.

§17 Where is bail filed?

• As a matter of right1. The bail in the amount fixed may be

filed with the court where the case is pending.

2. If the presiding judge of said court is unavailable, the bail may be filed with any RTC judge or inferior court judge in the province, city or municipality in the area.

3. If the accused is arrested in the province, city or municipality other than where the case is pending, bail may be filed with any RTC judge of said place, or if no RTC judge is available, with any judge of the inferior court in the place

• As a matter of discretionThe application for bail must be filed only with the court where the case is pending, whether it is on trial or appeal.

What are the procedure/duties to be followed by the judge when bail application is filed?

1. Notify the prosecutor2. Conduct a hearing of the application for bail3. Decide whether the evidence of guilt is

strong.4. Evidence of guilt – NOT STRONG = discharge accused– STRONG = deny petition

Effect produced in grant of bail?

Accused shall be released upon approval of the bail.Shall be called to appear before the court when required.

Effect of failure to appear?

Despite due notice, waiver of right to be present and trial can proceed in absentia

Arrest of the accused: In the event that he shall not be able to do so, his bail bonds shall be automatically cancelled and forfeited, warrants for his arrest shall be immediately issued and the cases shall proceed to trial in absentia;

• By the bondsman to surrender him• Or a police officer or person of suitable age & discretion upon written

authority endorsed on a certified copy

§20 Increase or reduction of bail

• Can the court increase/decrease it?– Yes, the court may upon good cause, do such.

*Motion to reduce the amount is subject to hearing*Excessive bail may not be imposed

When is bail forfeited?

• When accused is required to appear in court– Bondsmen shall be notified to produce him

– In case of failure:• Bail shall be declared forfeited• Bondsmen given 30 days to produce and explain why

– May be extended for good cause shown– May not be reduced

What is the liability of bondsmen?

• In case of failure of the 2 requisites– judgment shall be rendered against the bondsmen– Jointly and severally

*Liability not reduced unless accused has been surrendered or is acquitted

When is bail cancelled?

• Bail may be cancelled:– Surrender of accused;– Proof of his death

• Bail is automatically cancelled:– Acquittal;– Dismissal;– Execution of judgement

§23 Arrest of accused out on bail

Q: AAA, a person enjoying the benefits of a bail bond, seeks to leave the Philippines and surreptitiously left for Hong Kong. Does the court have the power to prohibit him from leaving?

A: Yes! Where it appears that the accused had the propensity to evade or disobey lawful orders, the issuance of a hold departure order is warranted

(Santos v. CA)

§23 Arrest of accused out on bail

Q: In the same case, AAA who was able to go to Hong Kong was imprisoned for a criminal offense, will this relieve the bondsman of his liability?

A: No! His liability still subsists, albeit, he should inform the court of such situation in order to justify his non-compliance.

(Santos v. CA)

§23 Arrest of accused out on bail

HOLD DEPARTURE ORDER & BUREAU OF IMMIGRATION WATCHLIST

Bondsmen can prevent accused from leaving country by arresting him or asking for him to be re-arrested by a police officer upon written authority.

§24 Bail filed after final judgment?Not allowed, bail may not be filed once there is final judgment

Exception?– when he has applied for probation before commencing to serve

sentence, the penalty and the offense being within the purview of the Probation Law. The application to probation must be filed within the period of perfecting an appeal. Such filing operates as a waiver of the right to appeal.

Exception to the exception?– after he has commenced to serve his sentence.– When no bail was filed or the accused is incapable of filing one

§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 RTCs shall conduct monthly personal inspections of provincial, city and municipal jails and the prisoners within their respective jurisdictions.

BASIS [Sec. 19(2), Article III, 1987 Constitution]

§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:

a) Challenging the validity of his arrestb) Challenging the legality of the warrant issued thereforec) It shall not likewise bar the accused from assailing the

regularity or questioning the absence of a preliminary investigation of the charge against him;

Provided that he must raise these matters before entering his plea.