Bail Flashcards
What is a bail?
A bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee the appearance of the person in custody before any court as required under the conditions of the Rules of Court.
Who can apply for bail?
All persons before conviction can apply for bail, except those charged with capital offense when evidence of guilt is strong.
Such person must be in custody of law, which could either be (a) arrested by virtue of a warrant, or (b) surrendered to the custody of the courts.
When should bail be filed?
(1) Before or after conviction of the Municipal Trial Court.
(2) Before conviction of the Regional Trial Court in cases not punishable by reclusion perpetua.
Where should bail be filed?
Generally, where the case is pending, or any court where he is held.
Exception, if the grant of bail is discretionary or the accused seeks to be released on recognizance, bail may only be filed where the case is pending.
What are the instances that bail should be denied?
On bail on appeal, the grant of bail is up to the discretion of the courts. However, if the penalty imposed exceeds six years, and circumstances exists that there is probability of flight if the accused is released on bail, then bail must be denied, or the bail previously granted to him must be cancelled.
What are the four types of bail? Define each.
(a) Corporate Surety - A bond subscribed by the accused and an officer of a corporation authorized by the board of directors.
(b) Property Bond - An undertaking constituted as lien on the real property given as security for the amount of the bail.
(c) Cash Bond - The accused or any person acting in his behalf may deposit in cash the amount of bail fixed by the court.
(d) Recognizance - 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.
Can an extraditee post for bail?
After a potential extraditee has been arrested or placed under the custody of the law, bail may be applied for and granted as an exception, only upon a clear and convincing showing:
(a) That, once granted bail, the applicant will not be a flight risk or a danger to the community;
(b) That there exist special, humanitarian and compelling circumstances including, as a matter of reciprocity, those cited by the highest court in the requesting state when it grants provisional liberty in extradition cases therein.
Can a judge require that the bail be posted in cash?
No. The posting of a cash bond would entail a transfer of assets into the possession of the court, and its procurement could work untold hardship on the part of the accused as to have the effect of altogether denying him his constitutional right to bail.
Can bail be fixed at the amount equal to the accused’s civil liability?
No. The purpose for bail is to guarantee the appearance of the accused at the trial, or whenever so required by the Court. Bail is not intended as a punishment, nor as a satisfaction of civil liability which should necessarily await the judgment of the appellate court.
