Rule 114 Flashcards
Bail
What is Bail
Paderanga v. CA
Types of Bail
Purpose of Bail
Conditions of Bail
Instances where person in detention can be released
- Order of Court
- Admitted to Bail.
When bail is discretionary
LDR
Upon convivtion of offenses not punishable by LDR
L- Life Imprisonment
D- Death
R- Reclusion Perpeta
Rule on bail in People v. Padua
Indeed, a person applying for admission to bail must be in the custody of the law or otherwise deprived of his liberty. A person who has not submitted himself to the jurisdiction of the court has no right to invoke the processes of that court.
Exception to the rule on bail in Ppl. v. Padua
However, applying also the same pronouncement in Tuliao, the Court also held therein that, “in adjudication of other reliefs sought by accused, it requires neither jurisdiction over the person of the accused, nor custody of law over the body of the person.” Thus, except in applications for bail, it is not necessary for the court to first acquire jurisdiction over the person of the accused to dismiss the case or grant other relief.
When can Bail be denied?
(Bail Negating Factors)
- imprisonment beyond 6 yrs
- Recidivist
- Escaped
- Under probation/parole
5.Probability of Flight - Undue risk that may commit crime again
Rule re Bail Negating Factors
(Leviste v. CA) Even if BNF are absent, appellate’s denial of bail pending appeal does not constitute abuse of discretion
Where to question cancellation/revokation of bail?
Court of Appeals via special civil action
note: may only be aavailes if no pending appeal or anu remedy under the ordinary course of law (Chua v. CA)
What is a capital offense?
R114 Sec 16
- an offense which under the law existing at that time of commission and application for bail may be PUNISHED WITH DEATH
When should bail be deinied? (CRS)
C- Capital Punishment
R- Reclusion Perpetua
S- Strong Evidence of Guilt
How to determine if Capital offense?
Rule 114 Sec 5
determined by the penalty prescribed by law at the time of commission
What evidence of guilt means in Constitution?
- refers to finding of INNOCENCE or CULPABILITY regardles of modifying circumstances (Bravo v. Borja)
Reason why Right to bail is not available for accused charged with capital offense?
Bravo v. Borja
Because he has particularly STRONG TEMPTATION TO FLEE.
WHO HAS THE BURDE OF PROOF IN BAIL APPLICATION hearing?
THE PROSECUTION HAS BURDEN TO SHOW STRONG EVIDENCE OF GUILT (SEOG)
DUTIES OF A JUDGE ONCE AN APPLICATION FOR BAIL IS FILED
N-C-D-D
N- Notify prosecutor of hearing
C- Conduct Hearing
D- decide wether guilt is strong based on summary of evidence of prosecution
D- Discharhe upon approval of bail bond if guilt of accused is not strong
IS HEARING on application of bail MANDATORY?
Yes. whether bail is a matter of right or discretion. (Gacal v. Infante)
CAN A JUDGE MERELY RELY ON THE AFFIDAVITSFOR THE GRANTING OF BAIL?
NO. SUPPORTING AFFIDAVITS are only intended to establish probable cause, NOT TO DENY GRANTING of BAIL or CONTROL DISCRETION (Aurillo v. Francisco)
Guidelines in Fixing Bail
FFACPNPWFF
Accused’s FFACP
Fact if Fugitive or not
Financial Ability
Age and Health
Character and Reputation
Probability to appear in trial
Offense’s
N- Nature and Circumstance
P- Penalty
W- Weight of evidence
F- Forfeiture of other bail
F- pendency of ther cases
Rule re execessive bail
Rule 114 Sec 9
Excessive bail shall not be required
When is bail not required?
R114, S16, P1
No bail shall be required when the law or these Rules so provide
WHEN MAY A PERSON UNDER DETENTION ADMITTED ON BAIL BE RELEASED?
R114, S16, P2
When in custody for a period equal to or more than the possible MAXIMUM IMPRISONMENT PRESCRIBED for offense charged.
If Distierro, 30 days.
WHEN IS RECOGNIZANCE ALLOWED?
=>minimum penalty
When in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged
OTHER Circumstances where RECOGNIZANCE ALLOWED (L-A-Y)
Light felony/violation of ordinance(6 mos or 2kfine)
Accused applied for probation, pending resolution of case, but no bail was filed//incapable of filing one
Youthful offender if unable to furnish bail and under the circumstances envisaged in P.D. No. 603
WHEN IS RECOGNIZANCE ALLOWED under RA 7610?
RA 7610.25
Children Arrested for Reasons Related to Armed Conflict. — Any child who has been arrested for reasonsrelated to armed conflict, either as combatant, courier, guide or spy
Where child can be held in custody under recognizance?
custody of the Department of Social Welfare and Development or any responsible member of the community as determined by the court.
WHO MUST SIGN THE SWORN STATEMENT IN CASE OF RECOGNIZANCE UNDER RA 6036?
If not by the accused, HIS FATHER.
What is the implication of sworn statement was not signed?
It is a clear contravention of the express mandate of the law that the person charged shall sign a sworn statement binding himself to report to the Clerk of Court.
Where to file application for bail?
RA 114 S. 17
with the court where the case is pending, or in the absence or unavailability of the judge thereof, with any regional trial judge, metropolitan trial judge,municipal trial judge, or municipal province, city, or municipality.
What If the accused is arrested in a province, city, or municipality otherthan where the case is pending?
bail may also be filed with any regional trial court of said place, or if no judge thereof is available, with any metropolitan trial judge, municipal trial judge,or municipal circuit trial judge therein (R114, S17, PA
If not yet charged, where to file bail?
with any court in the province, city, ormunicipality where he is held R114, S17, PC
WHAT HAPPENS IF BAIL IS APPROVED?
accused must be discharged
What happens if bail is filed with a court other than where the caseis pending?
the judge who accepted the bail shall forward it, together with the ORDER of RELEASE and other supporting papers, to the court where the case is pending (R117,S19)
MAY THE AMOUNT OF BAIL BE INCREASED OF REDUCED?
Yes, R114, S20 provides that the court may, upon good cause, either increase or reduce its amount.
WHEN MAY THE BAIL BOND BE FORFEITED?
If the accused fails to appear in person as required (Rule 114, S.21)
What myst bondsmen do within 30 days after non-appearance?
(a) produce the body of their principal or give the reason for his non-production;
(b) explain why the accused did not appear before the court when first required to do so.
If 2 requisites not fulfilled, by bodsmen, what will happen?
(R114, S21)
judgment shall be rendered against thebondsmen, jointly and severally, for the amount of the bail.
IS THE ORDER OF FORFEITURE OF THE BAIL BOND THESAME AS JUDGMENT ON THE BOND?
No. As stated in Mendoza v. Alarma, order of forfeiture of the bail bond is conditional and interlocutory, and is different from a judgment on the bond which is issued if the accused was not produced within the 30-dayperiod.
The judgment on the bond is the one that ultimately determines the liability of the surety, and when it becomes final,execution may issue at once.
When may bail be cancelled?
(R114, S22)
Upon application of the bondsmen, with due notice to theprosecutor, the bail may be cancelled upon SURREDNDER OF THE accused or proof of his DEATH.
When may bail be AUTOMATICALLY cancelled?
R114, S22
upon acquittal of the accused, dismissal of the case, or execution judgment of conviction
IS BAIL STILL ALLOWED EVEN AFTER A JUDGMENT OF CONVICTION EXECUTORY?
No. R114, S24 provides that No bail shall be allowed after the judgment of conviction has become final.
can bail be allowed if accused has started to serve sentencE?
No. In no case shall bail beallowed after the accused has commenced to serve sentence(R114, S24).
