Bail

BAIL
Definition: 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 certain specified condition.
Purpose: Guarantee the appearance of a person before any court when so required
Characteristics:
1. Constitutional right
2. Personal so it is waivable
Reason: Presumption of innocence accorded every accused
CONDITIONS OF BAIL:
(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 of
these Rules;
(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
(d) The bondsman shall surrender the accused to the court for execution of the final
judgment.
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. (3a)
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 recognize 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 WHEN DISCRETIONARY?
1. Upon conviction by the Regional Trial Court of an offense not punishable by

death, reclusion perpetua, or life imprisonment, admission to bail is
discretionary.
2. 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 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.
What is the 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.
Amount of Bail guidelines:
(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 accused was a fugitive from justice when arrested; and
(j) Pendency of other cases where the accused is on bail.
How to post a property bond?
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.
How to post cash bond?
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.
Recognizance
This 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
When allowed?
(a) When the offense charged is for violation of an ordinance, a light felony, or a
criminal offense, the imposable penalty of which does not exceed six (6) months
imprisonment and/or P2,000 fine, under the circumstances provided in R.A. No.
6036;
(b) Where a person has been in custody for a period equal to or more than the
minimum of the imposable principal penalty, without application of the Indeterminate
Sentence Law or any modifying circumstance, in which case, the court may allow his
release on his own recognizance, or on a reduced bail, at the discretion of the
court(Sec. 16, Rule 114, Rules of Court);
(c) Where the accused has applied for probation, pending finality of the
judgment but no bail was filed or the accused is incapable of filing one (P.D. 968, Sec.
7; Sec. 24, Rule 114); and
(d) In case of a youthful offender held for physical and mental examination,
trial, or appeal, if he is unable to furnish bail and under the circumstances envisaged
in P.D. 603, as amended (Espiritu v. Jovellanos, 280 SCRA 579).
(e) In summary procedure, when the accused has been arrested for failure to
appear when required. His release shall be either on bail or on recognizance by a
responsible citizen acceptable to the court.
Bail when not required?
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.
Where to file bail?
(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.
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.
Forfeiture of Bail
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.
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.

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BAIL

Reason: Presumption of innocence accorded every accused

Section 4. Bail, a matter of right; exception. — All persons in custody shall be admitted to

BAIL WHEN DISCRETIONARY?

1. Upon conviction by the Regional Trial Court of an offense not punishable by

(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has

What is the burden of proof in bail application?

Amount of Bail guidelines:

(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;

(j) Pendency of other cases where the accused is on bail.

How to post a property bond?

A property bond is an undertaking constituted as lien on the real property given as

How to post cash bond?

Bail when not required?

Where to file bail?

Increase or Reduction of Bail

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