Bail

Question 1

What is a Bail?

Answer 1

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 [Sec. 1, Rule 114]

Question 2

What is the purpose of a Bail?

Answer 2

a. To relieve an accused from imprisonment until his conviction and yet secure his appearance at the trial [People v. Hon. Donato, G.R. No. 79269 (2011) & Enrile v. Sadiganbayan, G.R. No. 213847 (2016)]
b. To honor the presumption of innocence until his guilt is proven beyond reasonable doubt [Sec. 14, Art. III, Constitution]; and
c. To enable him to prepare his defense without being subject to punishment prior to conviction [Cortes v. Judge Catral, A.M. No. RTJ-97-1387 (1997)]

Question 3

The right to bail flows from what right?

Answer 3

Right to be Presumed Innocent.

The right to bail flows from the right to be presumed innocent. It is accorded to a person in the custody of the law who may be allowed provisional liberty upon filing of a security to guarantee his appearance before any court, as required under specified conditions. Before conviction, bail is either a matter of right or of discretion.

Question 4

When is bail a matter of right?

Answer 4

Bail is a matter of right when the offense charged is punishable by any penalty lower than reclusion perpetua.

[Tanog v. Balindog, G.R. No. 187464 (2015)]

Question 5

When is bail a matter of discretion?

Answer 5

Bail is a matter of discretion when it comes to cases penalized by reclusion perpetua, murder being of these cases. Bail may be granted in such cases if the evidence of guilt is not strong.

[Tanog v. Balindog, G.R. No. 187464 (2015)]

Question 6

What is th rule re the requirement of custody on an application for bail?

Answer 6

General rule: Custody of the law is required before the court can act on an application for bail [Miranda v. Tuliao, G.R. No. 158763 (2006)]

Exception; Custody is not required in cases of witnesses posting bail:

a. When bail is required to guarantee the appearance of a material witness [Sec. 14, Rule 119];
b. When bail is required to guarantee the appearance of a prosecution witness in cases where there is substitution of the information [Sec. 14, Rule 110]

Question 7

What are the exceptions to the rule that ‘custody of law is required before the court can act on an application for bail’?

Answer 7

Exceptions: Custody is not required in cases of witnesses posting bail:

a. When bail is required to guarantee the appearance of a material witness [Sec. 14, Rule 119];
b. When bail is required to guarantee the appearance of a prosecution witness in cases where there is substitution of the information [Sec. 14, Rule 110]

Question 8

When is bail a matter of right?

Answer 8

a. Before or after conviction, but pending appeal, by the first-level courts;

b. Before conviction by RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment
[Sec. 4, Rule 114]

Question 9

Is minority considered in recommending the amount of bail?

Answer 9

YES.

For purposes of recommending the amount of bail, the privileged mitigating circumstance of minority shall be considered [Sec. 34, R.A 9344]

Question 10

Where a child is detained, the court shall order: [enum]

Answer 10

a. the release of the minor on recognizance to his/her parents and other suitable person;
b. the release of the child in conflict with the law on bail; or

c. the transfer of the minor to
a youth detention home/youth rehabilitation center

The court shall not order the detention of a child in a
jail pending trial or hearing of his/her case [Sec. 35, R.A. 9344]

Exception: When the offense involved is a capital offense, admission to bail may only be denied when evidence of guilt is strong [Sec. 5, Rule 114]

Question 11

What is recognizance?

Answer 11

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 [Sec. 1, R.A. 10389]

Section 1. Short Title. – This Act shall be known as the “Recognizance Act of 2012″

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

Question 12

What is a Capital Offense?

Answer 12

A capital offense is an offense which under the law existing at the time of commission and of the application for admission to bail is punishable by death [Sec. 6, Rule 114]

Question 13

How is the capital nature of the offense determined?

Answer 13

The capital nature of the offense is determined by the penalty prescribed by law and not the one actually imposed [Riano, 335, 2016 Ed., citing Bravo v. De Borja, G.R. No. L-65228 (1985)]

Question 14

What law prohibited the imposition of death penalty?

Answer 14

R.A. 9346 (An Act Prohibiting the Imposition of Death Penalty in the Philippines) enacted on June 24, 2006 (which repealed R.A. 8177 and R.A. 7659) prohibited the imposition of the death penalty.

Question 15

What is the general rule re the applicability of the right to bail to extradition proceedings?

Answer 15

General rule: Right to bail is available only in criminal proceedings and does not apply to extradition proceedings because extradition courts do not render judgments of conviction or acquittal [Gov. of USA v. Purganan and Jimenez, G.R. No. 148571 (2002)]

Question 16

What are the exceptions to the rule that ‘right to bail does not apply to extraditon proceedings?’

Answer 16

Exception: Only upon clear and convincing evidence:

a. That once granted, the applicant will not be flight risk or will not pose danger to the community; and
b. That there exists special humanitarian and compelling circumstances [Gov. of USA v. Purganan and Jimenez, G.R. No. 148571 (2002)]

Exception to the exception: When the accused is a minor, he is entitled to bail regardless of whether the evidence of guilt is strong [See Part F.4 of this (Criminal Procedure) reviewer.]

Question 17

Is bail a matter of right or discrection in extradition proceedings?

Answer 17

Bail is a matter of discretion in extradition

proceedings [Govt. of HK Special Administrative Region v. Olalia, G.R. No. 153675 (2007)]

Question 18

When is bail not available?

Answer 18

a. After a judgment of conviction has become final; If he applied for probation before finality, he may be allowed temporary liberty under his bail;
b. After the accused has commenced to serve his sentence [Sec. 24, Rule 114]
c. To military personnel accused under general courts martial [Comendador v. de Villa, G.R. No. 93177 (1991)]

Question 19

When is bail a matter of discretion?

Answer 19

Upon conviction by the RTC of anoffense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary [Sec. 5, Rule 114]

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 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. (5a)

Question 20

[When bail is a matter of discretion]

Where may an application for bail be filed and resolved if the RTC decision changed the nature of the offense from non-bailable to bailable?

Answer 20

The appellate court.

If the RTC decision changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved only by the appellate court [Sec. 5, Rule 114]

Question 21

[When bail is a matter of discretion]

May an application for bail be filed in and acted upon the RTC despite the filing of notice of appeal?

Answer 21

YES. Provided that it has not transmitted the original record to the appelate court.

The application for bail may be filed in and acted upon by the RTC despite the filing of notice of appeal, provided that it has not transmitted the original record to the appellate court [Sec. 5, Rule 114]

Question 22

Is an accused still entitled to bail if the conviction of the trial court is for a capital offense?

Answer 22

NO.

If the conviction by the trial court is for a capital offense, the accused convicted of a capital offense is no longer entitled to bail, and can only be released when the conviction is reversed by the appellate court [Sec. 13, Article III, Constitution]

Question 23

If the penalty imposed by the trial court is imprisonment exceeding 6 years, the accused shall be denied bail or his bail shall be cancelled upon showing by the prosecution, with notice to the accused, of any of the following [Sec. 5, Rule 114]:

[enum]

Answer 23

a. Recidivism, quasi-recidivism, or habitual delinquency or commission of a crime aggravated by reiteration of the accused
b. The accused previously escaped from legal confinement, evaded sentence or violated bail conditions without valid justification
c. Commission of offense while under probation, parole or conditional pardon
d. Probability of flight;

e. Undue risk of the commission of another crime during the pendency of the appeal
[Sec. 5, Rule 114]

Question 24

Does bail posted earlier as matter of right loses its force upon conviction of the RTC?

Answer 24

Upon conviction of the RTC, the bail posted earlier as a matter of right loses its force and the accused must file a new and separate petition for bail.

Question 25

When is bail discretionary upon the Commissioner of Immigration and Deportation?

Answer 25

In deportation proceedings, bail is discretionary upon the Commissioner of Immigration and Deportation [Harvey v. Defensor-Santiago, G.R. No. 82544 (1990)]

Question 26

What circumstances warrant the granting of bail in Enrile v. People [G.R. No. 213847 (2015)]?

Answer 26

In Enrile v. People [G.R. No. 213847 (2015)], the Court ruled that an accused should be granted bail if it is shown that:

(1) the detainee will not be a flight risk or a danger to the community; and
(2) there exist special, humanitarian, and compelling circumstances.

The SC further explained that bail for the provisional liberty of the accused, regardless of the crime charged should be allowed independently of the merits charged, provided his continued incarceration is injurious to his health and endanger his life.

Question 27

Who has the burden of showing that evidence of guilt is strong at the hearing of an applicatoin for bail filed by a person in custody for the commission of an offnese punishable by reclusion perpetua or life imprisonment?

Answer 27

The Prosecution.

At the hearing of an application for bail filed by a person in custody for the commission of an offense punishable by reclusion perpetua or life imprisonment, the prosecution has the burden of showing that evidence of guilt is strong [Sec. 8, Rule 114]

Question 28

What does ‘evidence of guilt’ mean?

Answer 28

Evidence of guilt in the Constitution and the Rules refers to a finding of innocence or culpability, regardless of the modifying circumstances [Bravo v. De Borja, G.R. No. L-65228 (1985)]

Question 29

Is the fact that the public prosecutor recommended bail warrant dispensing ith the hearing of the application for bail?

Answer 29

NO.

Gacal v. Judge Infante [A.M. No. RTJ-04-1845 (2011)] involved an Information that charged the accused of murder but the public prosecutor recommended bail in the amount of P400,000. For this reason, the SC held, “The offense of murder is punishable by reclusion temporal in its maximum period to death (Art. 248, RPC). By reason of the penalty prescribed by law, murder is considered a capital offense and, grant of bail is a matter of discretion which can be exercised only by respondent judge after the evidence is submitted in a hearing. Hearing of the application for bail is absolutely indispensable before a judge can properly determine whether the prosecution’s evidence is weak or strong.” The SC later stated, “The fact that the public prosecutor recommended bail for Ancheta did not warrant dispensing with the hearing. The public prosecutor’s recommendation of bail was not material in deciding whether to conduct the mandatory hearing or not.”

Question 30

What are the duties of the judge hearing the petition for bail when capital offenses are involved?

Answer 30

a. 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 [Sec. 18, Rule 114]
b. Where bail is a matter of discretion, conduct a hearing of the application for bail regardless or whether or not the prosecution refuses to present evidence to show that the guilt of the accused is strong for the purpose of enabling the court to exercise its sound discretion [Sec. 7-8, Rule 114]
c. Decide whether the guilt of the accused is strong based on the summary of evidence of the prosecution

d. If the guilt of the accused is not strong, discharge the accused upon the approval of the bail bond [Sec. 19, Rule 114]. Otherwise, the petition should be denied.
[Gacal v. Infante, A.M. No. RTJ- 04-1845 (2011)]

Question 31

FIB

Evidence presented during the ___________ are automatically reproduced at the trial, but upon motion of either party, the court may recall any witness for additional _________ unless the latter is _____, outside the __________, or otherwise unable to _______ [Sec. 8, Rule 114]

Answer 31

bail hearing
examination
dead
Philippines
testify

Evidence presented during the ___________ are automatically reproduced at the trial, but upon motion of either party, the court may recall any witness for additional _________ unless the latter is _____, outside the __________, or otherwise unable to _______ [Sec. 8, Rule 114]

Question 32

FIB

A.M. No. 12-11-2-SC (Guidelines for Decongesting Holding Jails by Enforcing the Rights of Accused Persons to Bail and to Speedy Trial)

The hearing of the accused’s motion for bail in offenses punishable by death, reclusion perpetua or life imprisonment shall be ___________, with the prosecution bearing the burden of showing that the evidence of guilt is strong. The ________ may at his option, if he wants the court to consider his evidence as well, submit in support of his motion the affidavits of his witnesses attesting to his ___________.

Answer 32

summary;
accused;
innocence

Question 33

FIB

A.M. No. 12-11-2-SC (Guidelines for Decongesting Holding Jails by Enforcing the Rights of Accused Persons to Bail and to Speedy Trial)

Within __________ after hearing, the court shall issue an order containing a ____________ of the evidence adduced before it, followed by its conclusion of whether or not the _____________. Such conclusion shall not be regarded as a __________ on the merits of the case that is to be determined only after a _____________.

Answer 33

48 hours;
brief summary;
evidence of guilt is strong;
pre-judgment;
fullblown trial

Within __________ after hearing, the court shall issue an order containing a ____________ of the evidence adduced before it, followed by its conclusion of whether or not the _____________. Such conclusion shall not be regarded as a __________ on the merits of the case that is to be determined only after a _____________.

Question 34

What is the general rule on where application for bail is filed?

Answer 34

General rule: The application may be filed with the court where the case is pending.

Question 35

What is the exception to the rule that ‘application for bail may be filed with the court where the case is pending;?

Answer 35

a. If the judge of the court where the case is pending is absent or unavailable, the application may be filed with any RTC/MTC/MeTC/MCTC judge in the province, city or municipality;
b. Where the accused is arrested in a province, city/municipality other than where the case is pending, the application may be filed with any RTC of the said place, or, if no judge is available, then with any MeTC/MTC/MCTC judge in the said place.
c. When a person is in custody but not yet charged, he may apply with any court in the province or city/municipality where he is held

[Sec. 17, Rule 114, as amended by A.M. No. 05-8-26SC]

Note: 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, on trial, or appeal [Sec. 17, Rule 114, as amended by A.M. No. 05-8-26-SC]

Question 36

What must be done when the bail is filed with a court other than where the case is pending?

Answer 36

When 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 [Sec. 19 Rule 114]

Question 37

What are factors that are considered primarily (not limited to) in fixing the amount of bail?

Answer 37

a. Financial ability of the accused
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. Fact that accused was a fugitive from justice when arrested
j. Pendency of other cases where the accused is on bail

[Sec. 9, Rule 114]

Question 38

Can the amount of bail be fixed at an amount equivalent to the civil liability of which petitioner is charged?

Answer 38

NO.

The amount should be high enough to assure the presence of the accused when required but no higher than is reasonably calculated to fulfill this purpose. To fix bail at an amount equivalent to the civil liability of which petitioner is charged is to permit the impression that the amount paid as bail is an exaction of the civil liability that accused is charged of; this we cannot allow because bail is not intended as a
punishment, nor as a satisfaction of civil liability which should necessarily await the judgment of the appellate court [Yap Jr. v. CA G.R. No. 141529 (2001)]

Question 39

When is bail not required?

Answer 39

a. When a person has been in custody for a period equal to or more than the possible maximum imprisonment of the offense charged

b. If the maximum penalty is destierro, he shall be released after 30 days of preventive imprisonment
[Sec. 16, Rule 114]

c. In cases where a person is charged with violation of a municipal/city ordinance, a light felony and/or criminal offense, the penalty of which is not higher than 6 months imprisonment and/or a fine of P2,000, or both, where it is established that he is unable to post the required cash or bail bond [Sec. 1, R.A. 6036]. NOTE: The title of R.A. 6036 reads “arresto mayor” instead of “6 months”.

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)

Question 40

When is bail nonetheless required?

Answer 40

a. When accused was caught committing the offense in flagrante;
b. When accused confesses to the commission of the offense unless he later repudiates the same in a sworn statement or in open court as having been extracted through force or intimidation;
c. When accused is found to have previously escaped legal confinement, evaded sentence, or jumped bail;
d. When accused is found to have violated Section 2, R.A. 6036, which provides that the violation of the accused of the sworn statement (required instead of bail) binding himself, pending final decision of his case, to report to the Clerk of the Court hearing his case periodically every two weeks shall justify the court to order his immediate arrest, if the failure of the accused to report is not justified;
e. Accused is a recidivist or habitual delinquent or has been previously convicted for an offense to which the law/ordinance attaches an equal/greater penalty or for two/more offenses to which it attaches a lighter penalty
f. Accused committed the offense while on parole or under conditional pardon;

g. Accused has previously been pardoned for violation of municipal/city ordinance for at least two times
[Sec. 1, R.A. 6036]

[Sec. 1, R.A. 6036]

Section 1. Any provision of existing law to the contrary notwithstanding, bail shall not be required of a person charged with violation of a municipal or city ordinance, a light felony and/or a criminal offense the prescribed penalty for which is not higher than six months imprisonment and/or a fine of two thousand pesos, or both, where said person has established to the satisfaction of the court or any other appropriate authority hearing his case that he is unable to post the required cash or bail bond, except in the following cases:

(a) When he is caught committing the offense in flagranti;
(b) When he confesses to the commission of the offense unless the confession is later repudiated by him in a sworn statement or in open court as having been extracted through force or intimidation;
(c) When he is found to have previously escaped from legal confinement, evaded sentence, or jumped bail;
(d) When he is found to have previously violated the provisions of Section 2 hereof;
(e) When he is found to be a recidivist or a habitual delinquent or has been previously convicted for an offense to which the law or ordinance attaches an equal or greater penalty or for two or more offenses to which it attaches a lighter penalty;
(f) When he commits the offense while on parole or under conditional pardon; and
(g) When the accused has previously been pardoned by the municipal or city mayor for violation of municipal or city ordinance for at least two times.

Question 41

When may the court increase or decrease the amount of bail?

Answer 41

After the accused is admitted to bail, the court may, upon good cause, increase or decrease the amount [Sec. 20, Rule 114]

Question 42

What is the effect if the accused does not give bail in the increased amount within a reasonable period?

Answer 42

The accused may be committed to custody if he does not give bail in the increased amount within a reasonable period [Sec. 20, Rule 114]

Question 43

Who may be released on a reduce bond (bail)?

Answer 43

A person in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged may be released on a reduced bond [Sec. 16, Rule 114]

Question 44

When is bail deemed forefeited?

Answer 44

When the presence of the accused out on bail is required by court or Rules of Court and he failed to appear, his bail shall be declared forfeited

[Sec. 21, Rule 114]

Question 45

What is required of the bondsmen when bail is declared forfeited?

Answer 45

When the presence of the accused out on bail is required by court or Rules of Court and he failed to appear, his bail shall be declared forfeited and the

bondsmen are given 30 days within which to:

a. Produce their principal
b. Show cause why no judgment should be rendered against them for the amount of their bail
c. Produce the body of their principal or give the reason for his non-production; and
d. Explain why the accused did not appear before the court when first required to do so

[Sec. 21, Rule 114]

Failing in items (3) and (4) above, 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 [Sec. 21, Rule 114]

Question 46

What may the bondsmen do for the purpose of surrendering the accused?

Answer 46

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 [Sec. 23, Rule 114]

Question 47

What is required for a judgement against the bondsment to be entered?

Answer 47

Judgment against the bondsmen cannot be entered unless

a. such judgment is preceded by an order of forfeiture and
b. an opportunity given to the bondsmen to produce the accused or

c/ to adduce satisfactory reason for their inability to do so.

An order of forfeiture is interlocutory and is different form the judgment on the bond which is issued if the accused was not produced within the 30-day period [Mendoza v. Alarma, G.R. No. 151970 (2008)]

Question 48

How may be bail be cancelled through application by bondsmen?

Answer 48

Upon application of the bondsmen with due notice to the prosecutor, bail may be cancelled upon:

a. Surrender of the accused; or
b. Proof of his death

[Sec. 22(1), Rule 114]

In order to cancel a bail on the ground of surrender, the surrender must be voluntary. In this case, the accused was not surrendered, he was charged and arrested for another crime [Esteban v. Alhambra, G.R. No. 135012 (2004)]

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. (22a)

Question 49

When is bail deemed automatically cancelled?

Answer 49

a. Upon acquittal of the accused
b. Upon dismissal of the case, or
c. Upon execution of judgment of conviction [Sec. 22, Rule 114]

Question 50

Is application for bail a bar to objections on illegal arrest, lack or or irregular preliminary investigation?

Answer 50

Bail is no longer a waiver of these objections [Leviste v. Alameda, G.R. No. 182677 (2011)]

Thus, provided that the accused raises them before entering his plea, an application or an admission to bail shall not bar the accused from challenging or questioning the:

a. Validity of his arrest
b. Legality of the arrest warrant
c. Regularity of PI, or
d. Absence of PI The court shall resolve the objections as early as practicable but not later than the start of the trial of the case. [Sec. 26, Rule 114]

Question 51

When can an accused released on bail rearrested without a warrant?

Answer 51

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 [Sec. 23, Rule 114]

Question 52

Can an accused by prohibited from leaving the country?

Answer 52

YES.

[Hold/ Allow Departure Order and Bureau of Immigration Watchlist]

The accused may be prohibited from leaving the country during the pendency of his case [People v. Uy Tuising, G.R. No. 42118-20 (1935); Manotoc v. CA, G.R. No. L-62100 (1986)]

Question 53

When can a hold-departure order be issued?

Answer 53

A hold-departure order may be issued only in criminal cases within the exclusive jurisdiction of the RTCs. The judgment of acquittal or dismissal of the case shall include the cancellation of the HDO [SC Circ. No. 39-97]

SC Circular 39-97 deals only with criminal cases pending in the RTC. As to those cases pending in the MTC as well as those under PI, the DOJ promulgated DOJ Circular No. 41 governing the issuance of HDO, Watchlist Orders, and Allow Departure Orders.

HOWEVER, the SC has declared DOJ Circular No. 41 as unconstitutional. The Secretary of Justice has no power to issue HDOs and WLOs. The issuance of HDOs shall pertain only to criminal cases within the exclusive jurisdiction of the RTC, to the exclusion of criminal cases falling within the jurisdiction of the MTC and all other cases. The reason lies in seeking the balance between the state’s interest over the prosecution of the case considering the gravity of the offense involved and the individual’s exercise of his right to travel [Genuino v. De Lima, G.R. No. 197930 (2018)]