Right To Bail

RIGHT TO BAIL
Meaning of Right
1. Constitutional Provision. Section 13, Article III provides 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. 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.”
2. Meaning of Bail. Bail refers to the security given for the temporary release of a
person in custody of the law, furnished by him or a bondsman, conditioned upon
his appearance before any court as may be required. For instance, a person
arrested and detained for the offense of homicide may post a bond for his
temporary release on the condition that he will appear in the court during the
trial or when the court so requires.
3. Purpose of Bail. Probational release through bail is corollary to the right to be

presumed innocent and a means of immediately obtaining liberty. During the
duration of release, the accused is given the chance to prepare his defense, and
thus level the playing field for the parties. Worth emphasizing is the reason why
those charge with offenses punishable by
reclusion perpetua and against whom evidence of guilt is strong, are not allowed
to bail. Under such circumstances, there is improbability of appearance, and bail
merely becomes an instrument of evading the law.
Standards for Fixing Amount of Bail
1. The law does not prescribe for a fix amount of bail. What it requires is that the
amount should be reasonable and not excessive otherwise the right is rendered
useless. Under the Rules of Court, the amount is reasonable if the judge bases it
primarily, but not exclusively, on the following guidelines:
(a) Financial ability of the accused;

(b) Nature and circumstances of offense;
(c) Penalty for offense charged;
(d) Character and reputation of accused;
(e) Age and health of the accused;
(f) Weight of evidence against him;
(g) Probability of his appearance at trial;
(h) Forfeiture of other bonds by him;
(i) The fact that he is a fugitive from justice when arrested; and (j) Pendency of
other cases where he is also under bail.
When Right May be Invoked
1. General Rule. The right to bail may be invoked from the moment of detention
or arrest. Even if no formal charges have been filed yet, for as long as there is
already an arrest, the right may already be availed of.
2. Bail as a Matter of Right. Bail may be invoked as a matter of right if the charge is
not punishable by reclusion perpetua and there is no final judgment of conviction
yet. Technically, the instances when bail is a matter of right are: (a) Before or after
conviction by the MTC; and (b) Before conviction of the RTC of an offense not
punishable by death, reclusion perpetua or life imprisonment.
3. Bail as a Matter of Discretion. Bail may be invoked as a matter of discretion on

the part of the court in the following instances:
(a) After conviction by the RTC of an offense not punishable by death, reclusion
perpetua or life imprisonment;
(b) Pending appeal subject to the consent of the bondsman; and
(c) After conviction, pending appeal when the court imposed a penalty of
imprisonment for more than six years but not more than twenty years, and it is
not shown that the accused repeated a crime, an escapee, committed an offense
while under the custody of the probational release, or had the tendency of flight
or to commit another offense.
3. Right not Suspended. The present constitutional provision clearly provides that
the right to bail is not suspended when the President suspends the privilege of
the writ of habeas corpus. While bail and habeas corpus are remedies intended
for the immediate release of a detainee, there are fundamental differences
between them so that the suspension of one does not mean the suspension of the
other. Firstly, in bail, there is an implicit recognition of the validity of detention
or arrest, while in habeas corpus, there is an assumption that the detention or
arrest is illegal. And secondly, the prayer in bail is for the temporary release of
the detainee, whereas in habeas corpus, the prayer is for permanent release.
When the privilege of habeas corpus is suspended, the remedy of immediate

release cannot be availed of (although filing is still allowed). Under the current
rules, if the detainee files a bail for his temporary release, then it moots the
purpose of habeas corpus, because it destroys the assumption of illegality of the
arrest or detention.
4. The law still allows those who jumped bail to exercise the right before
conviction for as long as bail is still a matter of right. What the court must do in
such cases is to increase the amount of bail.
5. Bail is now available in extradition[73] cases, consistent with the developments

in international law which now treats an individual as a subject or party.[74]
When Right May not be Invoked
1. It could be inferred from the present provision that the right to bail may not be
invoked if the offense for which the person is detained is punishable by reclusion
perpetua and the evidence of guilt is strong.
2. Important also to note is that the military may not invoke the right to bail.[75]
Among other reasons, allowing military members to bail would pose a great
danger to national security. They are allowed to use firearms and they are paid
using government money. Their sheer number and unique structure, as well as
the military mentality that they carry, may very well result to the overthrow of
the government if continuous allowance of the right to bail is given them most
especially when there are coup attempts. Allowing them to bail could mean
resumption of widespread commission of heinous activities.
Mandatory Hearing
When the offense charged is punishable by reclusion perpetua, before rendering a

judgment, due process demands that the court must conduct a mandatory
hearing to determine if evidence of guilt is strong. This is one of the instances
when bail is a matter of discretion. But if the prosecutor simply manifested that
he leaves it to the sound discretion of the judge to grant bail and the judge grants
the same without hearing, then the judge commits an error because he cannot
repose solely on the prosecutor his decision. Even if there is no objection, there
must be a hearing.

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RIGHT TO BAIL

3. Purpose of Bail. Probational release through bail is corollary to the right to be

Standards for Fixing Amount of Bail

(a) Financial ability of the accused;

3. Bail as a Matter of Discretion. Bail may be invoked as a matter of discretion on

(b) Pending appeal subject to the consent of the bondsman; and

When the privilege of habeas corpus is suspended, the remedy of immediate

5. Bail is now available in extradition[73] cases, consistent with the developments

When Right May not be Invoked

When the offense charged is punishable by reclusion perpetua, before rendering a

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