BOR_Bail Flashcards
What is Bail. Give its purpose.
Bail is the security required by the court and given by the accused to ensure that the accused appear before the proper court at the scheduled time and place to answer the charges brought against him. It is awarded to the accused to honor the presumption of innocence until his guilt is proven beyond reasonable doubt, and to enable him to prepare his defense without being subject to punishment prior to conviction (Cortes v. Catral, A.M. No. RTJ-99-1508, 15 Dec. 1999).
Its main purpose is to relieve an accused from the rigors of imprisonment until his conviction and secure his appearance at the trial
When is bail available? Should 1 be charged before he can file for bail?
The right to bail is available from the very moment of arrest (which may be before or after the filing of formal charges in court) up to the time of conviction by final judgment (which means after appeal).
No charge need be filed formally before one can file for bail, so long as one is under arrest. (Heras Teehankee v. Rovira, G.R. No. L-101, 20 Dec. 1945)
Can 1 apply for bail and challenge his arrest? how about the regularity of the PI?
The application or admission of the accused to bail shall not bar him from challenging both the validity of his arrest or the legality of the warrant issued therefore, provided that he raises them before he enters his plea.
It shall not likewise bar the accused from assailing the regularity or questioning the absence of a preliminary investigation of the charge against him provided the same is raised before he enters his plea. (Sec. 26, Rule 114, ROC)
Who are entitled to bail?
The following are entitled to bail:
- Persons charged with offenses punishable by death, reclusion perpetua or life imprisonment, when evidence of guilt is not strong;
- Persons convicted by the trial court pending their appeal; and
- Persons who are members of the AFP facing a court martial.
Q: Sen. Enrile, who was indicted for plunder in connection with the Pork Barrel Scam, applied for bail arguing among others that he is not a flight risk, and that his age and physical condition must be seriously considered. May he post bail?
A: YES. Enrile’s poor health justifies his admission to bail. The Court is guided by the earlier mentioned principal purpose of bail, which is to guarantee the appearance of the accused at the trial, or whenever so required by the court.
The Court is further mindful of the Philippines’ responsibility in the international community arising from the national commitment under the Universal Declaration of Human Rights to make available to every person under detention such remedies which safeguard their fundamental right to liberty.
These remedies include the right to be admitted to bail. This national commitment to uphold the fundamental human rights as well as value the worth and dignity of every person has authorized the grant of bail not only to those charged in criminal proceedings but also to extraditees upon a clear and convincing showing: (1) that the detainee will not be a flight risk or a danger to the community; and (2) that there exist special, humanitarian and compelling circumstances (Enrile v. Sandiganbayan)
How much should be the amount of bail? Give the guiding parameters.
The amount of bail should be high enough to assure the presence of the accused when so required, but it should be no higher than is reasonably calculated to fulfill this purpose.
When is bail a matter of right?
a. Before or after conviction by the Metropolitan or Municipal Trial Courts;
b. Before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment; and (Sec. 4, Rule 114, ROC)
c. Before final conviction by all children in conflict with the law for an offense not punishable by reclusion perpetua or life imprisonment.
When is bail a matter of discretion?
Bail as a matter of discretion:
a. Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment;
b. Regardless of the stage of the criminal prosecution, a person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, when evidence of guilt is not strong; and
c. A child in conflict with the law charged with an offense punishable by death, reclusion perpetua or life imprisonment when evidence of guilt is strong. (Sec. 28, A.M. No. 02-1-18-SC or Rule on Juveniles in Conflict with the Law)
What are the grounds to deny bail? (L3)
Grounds for denial of bail
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:
- That he is a recidivist, quasi-recidivist, or
habitual delinquent, or has committed the
crime aggravated by the circumstance of
reiteration; - That he has previously escaped from legal
confinement, evaded sentence, or violated
the conditions of his bail without valid
justification; - That he committed the offense while under
probation, parole, or conditional pardon; - That the circumstances of his case indicate
the probability of flight if released on bail;
or - That there is undue risk that he may
commit another crime during the pendency
of the appeal
What are the Forms of Bail.
Forms of Bail
1. Corporate Surety
2. Property Bond
3. Cash deposit; and
4. Recognizance (Sec. 1, Rule 114, ROC)
What are the guidelines of the amount of bail.
Amount of Bail; Guidelines
1. Financial ability of the accused to give bail;
2. Nature and circumstances of offense;
3. Penalty for offense charged;
4. Character and reputation of accused;
5. Age and health of accused;
6. Weight of evidence against the accused;
7. Probability of the accused appearing in trial;
8. Forfeiture of other bonds;
9. Fact that accused was a fugitive from justice when arrested; and
10. Pendency of cases in which the accused is under bond.
Q: Manolet was arrested for child abuse. She
filed a petition for application of bail.
The court granted her application with a condition that the approval of the bail bonds shall be made only after her arraignment. Is the court’s order valid?
NO. The grant of bail should not be conditioned upon prior arraignment of the accused.
A condition imposed by the judge that before an accused may be allowed to post bail, he must be arraigned first was declared unconstitutional because it violates two (2) important rights of the accused:
- The right not to be put on trial except upon a valid complaint or information sufficient to charge him in court; and
- Right to bail. In cases where bail is authorized, bail should be granted before arraignment, otherwise the accused will be precluded from filing a motion to quash which is to be done before arraignment. If the information is quashed and the case is dismissed, there would be no need for the arraignment of the accused.
To condition the grant of bail on his arraignment would be to place him in a position where he has to choose between:
- Filing a motion to quash and thus delay his release until his motion can be resolved because prior to its resolution, he cannot be arraigned; and
- Foregoing the filing of a motion to quash so that he can be arraigned at once and thereafter be released on bail. These scenarios undermine the accused’s constitutional right not to be put on trial except upon valid complaint or information sufficient to charge him with a crime and his right to bail. (Lavides v. CA)
