Rule 114 Bail Flashcards
Sec. 2. Conditions of the bail; requirements. - All kinds of bail are subject to the following conditions:
(a) The undertaking shall be effective upon approval, and unless cancelled, shall remain in force
at all stages of the case until promulgation of the judgment of the (—1—), irrespective of whether the case was originally filed in or appealed to it; (b) The accused shall (—2—) before the proper court whenever required by the court of these
Rules;
- Regional Trial Court
2. appear
(c) The failure of the accused to appear at the trial without justification and despite due notice
shall be deemed a waiver of his right to be present thereat. In such case, the trial may proceed in (—1—); and
absentia
(d) The (—1—) shall surrender the accused to the court for execution of the final judgment.
The original papers shall state the full name and address of the accused, the amount of the
undertaking and the conditions required by this section. Photographs (passport size) taken
within the (—2—) showing the face, left and right profiles of the accused must be attached to the bail.
- bondsman
2. last six (6) months
Sec. 3. No release or transfer except on court order or bail. - No person under (—1—) by
legal process shall be released or transferred except upon order of the court or when he is
admitted to bail.
- detention
Sec. 4. Bail, a matter of right; exception. - All persons in custody shall be admitted to bail as a
matter of right, with sufficient sureties, or released on recognizance as prescribed by law or this
Rule (a) before or after (—1—) by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and
(b) before conviction by the
(—1—) of an offense not punishable by death, reclusion perpetua, or life imprisonment.
- conviction
2. Regional Trial court
Sec. 5. Bail, when discretionary. - Upon conviction by the Regional Trial Court of an offense not
punishable by death, reclusion perpetua, or life imprisonment, admission to bail is (—1—).
The application for bail may be filed and acted upon by the trial court despite the filing of a
notice of appeal, provided it has not transmitted the original record to the appellate court.
However, if the decision of the trial court conviction the accused changed the nature of the
offense from non-bailable to bailable, the application for bail can only be filed with and resolved
by the appellate court.
Should the court grant the application, the accused may be allowed to continue on (—2—) during the pendency of the appeal under the same bail subject to the consent of the
bondsman.
If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused
shall be (—3—) bail, or his bail shall be cancelled upon a showing by the prosecution, with
notice to the accuse, of the following or other similar circumstances:
(a) That he is a recidivist, quasi-recidivist, or (—4—), 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.
The appellate court may, (—5—)or on motion of any party, review the resolution of the
Regional Trial Court after notice to the adverse party in either case.
- discretionary
- provisional liberty
- denied
- habitual delinquent
- motu proprio
(—1—) is an offense which, under the law existing at the time of its commission and of the application for admission to bail, may be punished with death.
Sec. 6. Capital offense defined. - A capital offense
Sec. 7. Capital offense or an offense punishable by reclusion perpetua or life imprisonment, (—1—). - No person charged with a capital offense, or an offense punishable by reclusion
perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the state of the criminal prosecution.
not bailable
Sec. 8. Burden of proof in bail application. - At the hearing of an application for bail filed by a
person who is in custody for the commission of an offense punishable by death, reclusion
perpetua, or life imprisonment, the (—1—) has the burden of showing that evidence of guilt is strong. The evidence presented during the bail hearing shall be considered automatically reproduced at the trial but, upon motion of either party, the court may recall any (—2—) for additional examination unless the latter is dead, outside the Philippines, or otherwise unable to testify.
- prosecution
2. witness
Sec. 9. Amount of bail; guidelines. - The (—1—) who issued the warrant or granted the
application shall fix a reasonable amount of bail considering primarily, but not limited to, the
following factors:
(a) Financial liability of the accused to give bail;
(b) Nature and circumstance of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused; (f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
(i) The fact that the accused was a fugitive from justice when arrested; and
(j) Pendency of other cases where the accused is on bail.
(—2—) shall not be required.
- judge
2. Excessive bail
(—1—) licensed as a surety in accordance with law and currently authorized to act as such, may provide bail by a bond
subscribed jointly by the accused and an officer of the corporation duly authorized by its board of directors.
- Sec. 10. Corporate surety. - Any domestic or foreign corporation,
(—1—) is an undertaking constituted as lien on the real property given as security for the amount of the bail. Within ten (10) days after the approval of the bond, the accused shall cause the annotation of the lien on the certificate of title on file with the (—2—) if the land is registered, or if unregistered, in the
Registration Book on the space provided therefore, in the Registry of Deeds for the province or
city where the land lies, and on the corresponding tax declaration in the office of the provincial,
city and municipal assessor concerned.
Within the same period, the accused shall submit to the court his compliance and his failure to
do so shall be sufficient cause for the cancellation of the property bond and his re-arrest and detention.
- Sec. 11. Property bond, how posted. - A property bond
2. Registry of Deeds
(—1—) 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. (—2—) may be given in the form of corporate surety, property bond, cash deposit, or recognizance.
1 - 2 . Section 1. Bail defined. - Bail
