Right to Bail

Question 1

Constitutional Basis of Bail

Answer 1

Section 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.”

Question 2

what is required in bail?

Answer 2

custody of law which is accomplished by arrest or voluntary surrender

Question 3

when can you file for BAIl?

Answer 3

[1] (matter of right)
- before or after conviction by MTC, MeTC, MCTC, MTCC (R114)
- BEFORE in RTC

[2] (matter of discretion)
- RTC of an offense NOT punished by death, RP, life imprisonment, admission to bail is discretionary

Question 4

GROUNDS FOR DISQUALIFICATION OF BAIL after conviction from the RTC

Answer 4

if trial court’s penalty (exceeds 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 ff. or other similar circumstances

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.

Question 5

Waiver of Bail

• does not result in a waiver of the right to question the validity of arrest & search

Question 6

APRIL 12 - LECTURE

Question 7

Bail is a right. Legal Basis

Answer 7

“Section 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.”

Question 8

“All persons”
- so even Chinese nationals have the right to Bail.

Question 9

BAIL is NOT
- a payment for provisional liberty (it is your right, while you are not convicted, to have provisional liberty)

BAIL is
- a guarantee/security to ensure appearance

Question 10

when is the accused’s presence indispensable or necessary?

Answer 10

1. arraignment
2. promulgation
3. when the court orders the accused to be present (for purposes for identification)

[not required]
presentation of the evidence,

Question 11

Rule 114 of the Rules of Court

[Bail as a MATTER of RIGHT]

Answer 11

1 - [Bail as a MATTER of RIGHT]
(a) [before RTC] crime charged is punishable by RP, L.I., Death, + Evidence of guilt is NOT strong. -> still a matter of right **before conviction)

(b) [before or after MTC] crime charged is (below) RP, Life Imprisonment

(c) [before conviction in RTC] crime punished is RP, L.I., and death + NOT evidence of guilt is strong

• no need for determination of guilt to check if the evidence is strong or not
• matter of right is BEFORE or AFTER (on-going appeal) conviction

[Bail as DISCRETIONARY]
(a) AFTER Conviction by the RTC NOT punishable by RP, L.I., Death

(b) RTC, WITHoUTattendant circumstances

[Bail NOT ALLOWED]
(a) Crime charged is punishable by RP, L.I., Death, + Evidence of guilt IS STRONG. -

note
- atty will upload

Question 12

how do we know if evidence of guilt is “strong” or “not strong”

Answer 12

determination of the judge.

doesn’t that make it discretionary? this question is answered in the case of Enrile v. Sandiganbayan

Question 13

which stage of the proceeding is the court decided won the evidence of guilt is strong/not storng.

Answer 13

evience of guiilt

insofar as ‘BEFORE CONVICTION (1b) in Bail as a matter of right

Question 14

Enrile v. Sandiganbayan

Revilla was (acquitted)
Jingoy Estrada (pending)
Enrile (pending)

SB said they will not grant enrile bail (discretionary) because it would appear from the records that this graft case is punishable by RP-L.I., (hundred of millions were stolen)

Are the pieces of evidence guilt strong? when SB decided on the motion to post bail, SB immediately denied because

enril questioned the deciion of SB denying his motion, certioariari because SB did not take into the attendant circumstance of the case such
- health (geriatric health) and among others
- voluntary surrender
- historical reputation show that he is NOT flight risk
-

Answer 14

why are these circumstances important?

in the determination won to grant bail, there are two stages,
(1) the court evaluates the application for bail (purely discretionary
- court evaluates pieces of evidence presented if it is strong or not to establish guilt
(this sanswer a faulty card above)

(2) the court decides based on the findings, facts to grant bail or not

Court said that this case filed by enrile is still in the first stage, bc the court exercises discretion, the court MAY evaluate the case not just in teh context of the presence of evidence of guilt is strong or NOT but also evaluate other attendant circumstnaces that might justify the grant of bail.

this is inconsistent with the rules of criminal proceudre, the SC invalidated teh entire case based on other considerations and said based onthe circumstances of the cacused, (geriatric, not flight risk, etc.) bail MAY BE GRANTED

it didn’t go through the process of dtermination, and included.

first stage is to determine the evidence of guilt but the case, it was immediately went throug ‘humanitarian purposes’

Question 15

“The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended”

habeas corpus in a normla circumstance, a particular person can questions the legality of a detention through a writ of habeas corpus

if privilege is suspened due to rebellion, what is the effect of the suspension of the werit of habeas corpus?

Answer 15

The person illegally deprived of liberty may still file a case of habeas corpus

if shown and found by the court that the prson was deteinaed and arrested where the privilege of the writ is suspended, the court will also suspend the proceedingds stil lthe case is pending.

if person is apprehended and writ is not allowed, does that mean hie will remain in custody? no, especially when the act or offense is bailable, then person may still apply for bail.

suspended writ of hbeas does not suspend right to bail

Question 16

“Excessive bail shall not be required.”

if arrested w/o warrant and not under any warrantless arrest, this means your perso nwas not brought under the JD of the court

to question the proceedings, you have to question the illegality of the arrest before pleading in arraignment. Because if you plea, whatever illegality, you have already voluntarily entered into the JD of the court.

after arrest and before arraignment, a person files a motion for bail. does that mean that you have ewaived whatever question you had in the illegality of arrest?
because invocking power of the court

Answer 16

rule 114

the availment of the right to bail does not waive the challenge of the irregularlitey of the arrest

Question 17

“Excessive bail shall not be required.”

iPhone 60k pesos and the bail computation is 1million