Bail

Question 1

Define Bail according to Rule 114

Answer 1

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

Question 2

forms of bail

Answer 2

corporate surety
property bond
cash deposit
recognizance

Question 3

constitutional provision of bail

Answer 3

[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.

Question 4

Can bail be done in extradition proceedings?

Answer 4

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

Question 5

what is the limitation of bail insofar as “in the custody of law” is concerned

Answer 5

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.

Question 6

differentiate “motion to fix bail” and “motion to post bail”

Answer 6

motion to fix bail - court establishes bail amount

application to post bail - submits the amount so defendant is released from custody

Question 7

post bail of witnesses Sec 14 of R114 and R110

Answer 7

(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

Question 8

conditions of bail

Answer 8

1. bail is effective upon approval
2. remain in force at all stages until promulgation
3. appear when required
4. failure to appear deemed a waiver (trial in absentia)
5. 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.

Question 9

when is bail a matter of right

Answer 9

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)

Question 10

when is bail discretionary?

Answer 10

• 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

Question 11

duties of a judge; application for bail

Answer 11

1. 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
2. if matter of discretion, conduct a hearing of the application
3. decided won guilt of the accused is STRONG
4. if NOT strong, discharge the accused with the approval of a bail bond or otherwise deny the petition

Question 12

biggest factor in bail is

Answer 12

the probability of flight from the JD of the law

Question 13

parameters in computing for bail

Answer 13

• 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

Question 14

if you feel that the accused is getting ready to flee the country, cna we deny him bail while his case is on-gonig?

Answer 14

No, you cannot

IT is a fundamental right

Question 15

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?

Answer 15

asking affirmative relief except when the relief is to dismiss the case because court has no JD.

Question 16

gen rule: bail is available to criminal proceedings

exc?

Answer 16

extradition/deportation: exception to the rule

Question 17

bail to be fixed requiers what

Answer 17

JD over the person of the accused by the court

Question 18

when do you know if a person is under the JD over the person of the [[A]]ccused?

Answer 18

arrest or voluntary [[a]]ppearance

• not voluntary surrender

Question 19

when do you know if you are under the cu[[s]]tody of the law?

Answer 19

arrest or voluntary [[s]]urrender

• not apperance

Question 20

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

Question 21

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?

Answer 21

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)

Question 22

your client charged with murder and you believe it is homicide, what do you do?

Answer 22

petition to POST BAIL

evidence convicting my client for murder is not strong

Question 23

non baialable

filed post bail

“evidence is not strong, but there is high risk of flight,”

bail was denied, is this correct?

Answer 23

pp v SB (2007) yes, the rule is not absolute

Question 24

what is the effect if you break the condition of the RECOGNIZNACE

what is the effect?

Answer 24

• 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

Question 25

when are you considerd to have waived all objections to the illegality of your arrest?

Answer 25

it is not by filing for bail, it is when you go through arraignment

Question 26

what if during illegal arrest, evidence is recovered and couldn’t raise it a,d you are in arraignment

what to do

Answer 26

question the admissibility of evidence
fruit of the poisonous tree