Rule 114- Bail Flashcards
What is a Bail?
Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified [Sec. 1, Rule 114]
What is the purpose of bail?
a. To relieve an accused from imprisonment until his conviction and yet secure his appearance at the trial [People v. Hon. Donato, G.R. No. 79269 (2011) & Enrile v. Sandiganbayan, G.R. No. 213847 (2016)]
b. To honor the presumption of innocence until his guilt is proven beyond reasonable doubt [Sec. 14, Art. III, Constitution]; and
c. To enable him to prepare his defense without being subject to punishment prior to conviction [Cortes v. Judge Catral, A.M. No. RTJ-97-1387 (1997)]
When can a person be allowed to file a petition for bail?
A person is allowed to petition for bail as soon as he is deprived of his liberty by virtue of his arrest or voluntary surrender. An accused need not wait for his arraignment before filing a petition for bail [Serapio v. Sandiganbayan, G.R. No. 148468 (2003)]
When is bail a matter of right?
a. Before or after conviction, but pending
appeal, by the first-level courts;
b. Before conviction by RTC of an offense not punishable by death, reclusion perpetua, or
life imprisonment
[Sec. 4, Rule 114]
When is bail a matter of discretion?
Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary [Sec. 5, Rule 114]
Can you still apply for bail if a you already filed a notice of appeal before the RTC?
The application for bail may be filed in and acted upon by the RTC despite the filing of notice of appeal, provided that it has not transmitted the original record to the appellate court [Sec. 5, Rule 114]
Is the right to bail available in extradition proceedings?
General rule: Right to bail is available only in criminal proceedings and does not apply to extradition proceedings because extradition courts do not render judgments of conviction or acquittal [Gov. of USA v. Purganan and Jimenez, G.R. No. 148571 (2002)]
Exception: Only upon clear and convincing evidence:
a. That once granted, the applicant will not be
flight risk or will not pose danger to the
community; and
b. That there exists special humanitarian and
compelling circumstances [Gov. of USA v. Purganan and Jimenez, G.R. No. 148571 (2002)]
Exception to the exception: When the accused is a minor, he is entitled to bail regardless of whether the evidence of guilt is strong
Note: Bail is a matter of discretion in extradition proceedings [Govt. of HK Special Administrative Region v. Olalia, G.R. No. 153675 (2007)]
When is the right to bail not available?
Right to bail is not available:
a. After a judgment of conviction has become
final; if he applied for probation before finality, he may be allowed temporary liberty under his bail;
b. After the accused has commenced to serve his sentence [Sec. 24, Rule 114]
c. To military personnel accused under general courts martial [Comendador v. de Villa, G.R. No. 93177 (1991)]
Is bail available in deportation proceedings?
In deportation proceedings, bail is discretionary upon the Commissioner of Immigration and Deportation [Harvey v. Defensor-Santiago, G.R. No. 82544 (1990)]
If the RTC decision changed the nature of the offense from non-bailable to bailable, can application for bail be filed by the same court?
If the RTC decision changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved only by the appellate court [Sec. 5, Rule 114]
