Bail Flashcards
Define Bail according to Rule 114
security given
for the release of a person
in the custody of law
furnished by him or a bondsman
to guarantee his appearance in court
note
- the courts cannot choose for you which form of bail bond
- recognizance - if penalty is less than 6 months (you go to brgy and do things)
- violating bail waives the cash, property, or surety
forms of bail
corporate surety
property bond
cash deposit
recognizance
constitutional provision of bail
[Art III Sec 13]
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.
note
An exception to this constitutional provision are those who are in the MILITARY.
Can bail be done in extradition proceedings?
Though not recognized in the 1987 Constitution, International Law necessities that bail be recognized
note
there is generally no bail in deportation and only on the exceptions
what is the limitation of bail insofar as “in the custody of law” is concerned
A person applying for admission to bail must be in the custody of the law (voluntary surrender) or otherwise deprived of his liberty (arrested).
- Even when no charges have been filed in court (R114, S17)
A person who has not submitted himself to the jurisdiction of the court has NO right to invoke the processes of that court.
differentiate “motion to fix bail” and “motion to post bail”
motion to fix bail - court establishes bail amount
application to post bail - submits the amount so defendant is released from custody
post bail of witnesses Sec 14 of R114 and R110
(r114) - court may require witness to post bail to testify where there are concerns that they may not appear in court when required (this guarantees their appearance)
(r110) - same concept but relates to substitution of a complaint/information
conditions of bail
- bail is effective upon approval
- remain in force at all stages until promulgation
- appear when required
- failure to appear deemed a waiver (trial in absentia)
- bondsmen shall surrender accused for execution of judgment
note
- additional conditions CANNOT be imposed (exclusive list)
5 - the accused fails to appear as required and the bail is forfeited, the bondsman may be required to locate the accused and bring them back into custody.
when is bail a matter of right
MTC - before/after conviction
RTC - before conviction of an offense not punishable by *death, reclusion perpetua, or life imprisonment
note
- bail is a matter of right (A3, S13, 1987 Constitution)
- high degree of probability of defendant absconding does not waive it
- increasing the bond will ensure that the defendant will not violate the conditions provided that it is not an excessive bond (San Miguel v. Maceda)
when is bail discretionary?
- upon conviction by the RTC (assuming offense is NOT d,rp,li)
- if appealed & if records are on the appellate court (CA or SC), then the court with the records is where bail should be filed
- if trial court does not find strong evidence of the [non-bailable] offense to a [bailable] one, then it will be filed to the appellate court
duties of a judge; application for bail
- in all cases won bail is a matter of right or discretion, notify the prosecutor of the hearing of the application for bail [or] require prosecutor to submit his recommendation
- if matter of discretion, conduct a hearing of the application
- decided won guilt of the accused is STRONG
- if NOT strong, discharge the accused with the approval of a bail bond or otherwise deny the petition
biggest factor in bail is
the probability of flight from the JD of the law
parameters in computing for bail
- DOJ recommends, Court approves.
FORMULA FOR BAIL
[SERIOUS] - 10,000 x maximum imposable penalty in years
[NOT SERIOUS] - 6,000 x maximum imposable penalty in years
EX.
NOT serious offense - homicide (yes really)
20 years x 6000 = 120k is the recommended bail bond
SERIOUS offense - dangerous drugs less than 5 drugs
imposiable max: 20 years
multplied: 10000 =
so it is 120k bail bond
if you feel that the accused is getting ready to flee the country, cna we deny him bail while his case is on-gonig?
No, you cannot
IT is a fundamental right
under custody of the law (arrest, voluntary surrender) is different from the JD of the court over the accused (arrest, or voluntary appearance in court)
when is voluntary appearance done?
asking affirmative relief except when the relief is to dismiss the case because court has no JD.
gen rule: bail is available to criminal proceedings
exc?
extradition/deportation: exception to the rule
bail to be fixed requiers what
JD over the person of the accused by the court
when do you know if a person is under the JD over the person of the [[A]]ccused?
arrest or voluntary [[a]]ppearance
- not voluntary surrender
when do you know if you are under the cu[[s]]tody of the law?
arrest or voluntary [[s]]urrender
- not apperance
general rule: condition of bail is exclusive (you cannot add)
once approve by court, it will remain effective (from arraignment to promulgation)
failure to appear despite due notice w/o justifiable reason is waived
case of murder, (non-bailable) judge reads the records and has reason to believe that it is homicide (
can the court grant bail to the accused?
No. He cannot, as a matter of right, bail
what is the benchmark when determining if it’s bail or non-bail. it is prescribed penalty, not imposable
prescribed - the range outlined in the RPC
imposed - the range rendered by the judge
The capital nature of an offense is determined by the penalty prescribed by law, and not by the penalty to be actually imposed on the accused. (Bravo v. Borja, 1985)
your client charged with murder and you believe it is homicide, what do you do?
petition to POST BAIL
evidence convicting my client for murder is not strong
non baialable
filed post bail
“evidence is not strong, but there is high risk of flight,”
bail was denied, is this correct?
pp v SB (2007) yes, the rule is not absolute
what is the effect if you break the condition of the RECOGNIZNACE
what is the effect?
- an order to cancel the bond
- require accused/bondsman explain the absence or show cause why no action should be taken against the bond
- issuing order of forfeiture
- enter judgment judgment against the bond, the accused loses his security
when are you considerd to have waived all objections to the illegality of your arrest?
it is not by filing for bail, it is when you go through arraignment
what if during illegal arrest, evidence is recovered and couldn’t raise it a,d you are in arraignment
what to do
question the admissibility of evidence
fruit of the poisonous tree
