Week 8 - Bail

Question 1

CONST. art. III. Sec. 13. All persons, except […], shall, before […], be […], or […]. The […] shall not be impaired even […]. […] shall not be required.

Answer 1

CONST. art. III. Sec. 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

Rule 114. Sec. 1. Bail defined. – Bail is […], furnished by […], to […] as required under the conditions hereinafter specified. Bail may be given in the form of […].

Answer 2

Rule 114. Sec. 1. Bail defined. – 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. Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance.

Question 3

Rule 114. Sec. 3. No release or transfer except on court order or bail. – No person under detention by legal process shall […] except […] or […].

Answer 3

Rule 114. Sec. 3. No release or transfer except on court order or bail. – No person under detention by legal process shall be released or transferred except upon order of the court or when he is admitted to bail.

Question 4

Rule 114. Sec. 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary investigations. – An application for or admission to bail shall […] or […] or […] of the […], provided that […]. The court shall resolve the matter as […].

Answer 4

Rule 114. Sec. 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary investigations. – An application for or admission to bail shall not bar the accused from challenging the validity of his arrest or the legality of the warrant issued therefor, or from assailing the regularity or questioning the absence of a preliminary investigation of the charge against him, provided that he raises them before entering his plea. The court shall resolve the matter as early as practicable but not later than the start of the trial of the case.

Question 5

CONST. art. III. Sec. 14. (1) No person shall […].

(2) In all criminal prosecutions, the accused shall […], and shall […], to be […], to have […], to […], and to have […]. However, after arraignment, trial may […]: Provided, that […].

Answer 5

CONST. art. III. Sec. 14. (1) No person shall be held to answer for a criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable.

Question 6

Rule 114. Sec. 4. Bail, a matter of right; exception. – All persons in custody shall be […], with […], or […] or this Rule (a) […], or […], and (b) […].

Answer 6

Rule 114. 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 conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment.

Question 7

Rule 114. Sec. 5. par. 1. Bail, when discretionary. – Upon conviction by the […] of an offense […], admission to bail is […]. The application for bail may be […] despite the […], provided […]. However, if the decision of […] changed the […], the application for bail can only […].

Answer 7

Rule 114. Sec. 5. par. 1. 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 discretionary. 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 convicting 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.

Question 8

Rule 114. Sec. 5. par. 2. Bail, when discretionary.– Should the court grant the application, the accused may […] under the same bail subject to […].

Answer 8

Rule 114. Sec. 5. par. 2. Bail, when discretionary.– Should the court grant the application, the accused may be allowed to continue on provisional liberty during the pendency of the appeal under the same bail subject to the consent of the bondsman.

Question 9

Rule 114. Sec. 5. par. 3. Bail, when discretionary.– If the penalty imposed by the trial court is […], the accused shall be […], or his […] upon a showing by […], with […], of the following or other similar circumstances:

(a) That he is a […], […], or […], or has […];
(b) That he has previously […], evaded […], or […];
(c) That he committed the offense while […], […], or […];
(d) That the circumstances of his case […]; or
(e) That there is […] that he may […].

The appellate court may, […], review the […] after notice to […].

Answer 9

Rule 114. Sec. 5. par. 3. Bail, when discretionary.– 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:

(a) That he is 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.

The appellate court may, motu proprio or on motion of any party, review the resolution of the Regional Trial Court after notice to the adverse party in either case.

Question 10

Rule 114. Sec. 6. Capital offense defined. – A capital offense is an offense which, […] and of […], may […].

Answer 10

Rule 114. Sec. 6. Capital offense defined. – A capital offense 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.

Question 11

Rule 114. Sec. 7. Capital offense or an offense punishable by reclusion perpetua or life imprisonment, not bailable. – No person charged with a […], or […], shall be […] when […], regardless of […].

Answer 11

Rule 114. Sec. 7. Capital offense or an offense punishable by reclusion perpetua or life imprisonment, not bailable. – 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 stage of the criminal prosecution.

Question 12

Rule 114. Sec. 8. Burden of proof in bail application. – At the hearing of an application for bail filed by a […] punishable by […], the prosecution has the […]. The […] shall be considered automatically reproduced at the trial but, […] unless the latter is […].

Answer 12

Rule 114. 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 prosecution has theburden of showing that evidence of guilt is strong. Theevidence presented during the bail hearingshall be considered automatically reproduced at the trial but,upon motion of either party, the court may recall any witness for additional examinationunless the latter isdead, outside the Philippines, or otherwise unable to testify.

Question 13

Rule 114. Sec. 24. No bail after final judgment; exception. — No bail shall be allowed after […]. If before such finality, […], he may be […]. When no bail was filed or […], the court may […]. In no case shall bail be allowed after the accused has […].

Answer 13

Rule 114. Sec. 24. No bail after final judgment; exception. — No bail shall be allowed after a judgment of conviction has become final. If before such finality, the accused applies for probation, he may be allowed temporary liberty under his bail. When no bail was filed or the accused is incapable of filing one, the court may allow his release on recognizance to the custody of a responsible member of the community. In no case shall bail be allowed after the accused has commenced to serve sentence.

Question 14

Rule 114. Sec. 2(a). Conditions of the bail; requirements. – All kinds of bail are subject to the following conditions:

(a) The undertaking shall be effective […], and unless […], shall […] until […], irrespective of whether […];

Answer 14

Rule 114. Sec. 2(a). 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 Regional Trial Court, irrespective of whether the case was originally appealed to it;

Question 15

Rule 114. Sec. 2(b). Conditions of the bail; requirements. – All kinds of bail are subject to the following conditions:

* * *

(b) The accused shall appear […] whenever […];

Answer 15

Rule 114. Sec. 2(b). Conditions of the bail; requirements. – All kinds of bail are subject to the following conditions:

* * *

(b) The accused shall appear before the proper court whenever required by the court or these Rules;

Question 16

Rule 114. Sec. 2(c). Conditions of the bail; requirements. – All kinds of bail are subject to the following conditions:

* * *

(c) The failure of […] and despite […] shall be deemed […]. In such case, the trial […]; and

Answer 16

Rule 114. Sec. 2(c). Conditions of the bail; requirements. – All kinds of bail are subject to the following conditions:

* * *

(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 absentia; and

Question 17

Rule 114. Sec. 2(c). Conditions of the bail; requirements. – All kinds of bail are subject to the following conditions:

* * *

(d) The bondsman shall […].

The original papers shall […], the […] and the […]. Photographs ([…]) taken within […] of the accused must […].

Answer 17

Rule 114. Sec. 2(c). Conditions of the bail; requirements. – All kinds of bail are subject to the following conditions:

* * *

(d) The bondsman 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 last six (6) months showing the face, left and right profiles of the accused must be attached to the bail.

Question 18

Rule 114. Sec. 10. Corporate surety. – Any […] corporation, licensed as […] and currently […], may provide […] and […] duly authorized by […].

Answer 18

Rule 114. Sec. 10. Corporate surety. – Any domestic or foreign corporation, 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.

Question 19

Rule 114. Sec. 13. Justification of sureties. – Every surety shall […] that he possesses […]. He shall describe the […], stating the […], its […], the […] and still […], and his […]. The court may examine the […] in such manner as it may deem proper. No bail shall be approved unless […].

Answer 19

Rule 114. Sec. 13. Justification of sureties. – Every surety shall justify by affidavit taken before the judge that he possesses the qualifications prescribed in the preceding section. He shall describe the property given as security, stating the nature of his title, its encumbrances, the number and amount of other bails entered into by him and still undischarged, and his other liabilities. The court may examine the sureties upon oath concerning their sufficiency in such manner as it may deem proper. No bail shall be approved unless the surety is qualified.

Question 20

Rule 114. Sec. 21. Forfeiture of bail. – When the […] is required by the court or these Rules, his bondsmen […] before the court on […]. If the accused fails to appear […], his […] and the bondsmen […] and to show cause […]. Within the said period, the bondsmen must:

(a) […] or give […]; and
(b) explain why […] when first required to do so.

Failing in these two requisites, […]. The court shall not […], unless the accused has been […].

Answer 20

Rule 114. Sec. 21. Forfeiture of bail. – When the presence of the accused is required by the court or these Rules, his bondsmen shall be notified to produce him before the court on a given date and time. If the accused fails to appear in person as required, his bail shall be declared forfeited and the bondsmen given thirty (30) days within which to produce their principal and to show cause why no judgment should be rendered against them for the amount of their bail. Within the said period, the bondsmen must:

(a) produce the body of their principal or give the reason for his non-production; and
(b) explain why the accused did not appear before the court when first required to do so.

Failing in these two requisites, a judgment shall be rendered against the bondsmen, jointly and severally, for the amount of the bail. The court shall not reduce or otherwise mitigate the liability of the bondsmen, unless the accused has been surrendered or is acquitted.

Question 21

Rule 114. Sec. 22. Cancellation of bail. – Upon application of the […], with […], the bail may […].

The bail shall be […] cancelled upon […], or […].

In all instances, the […].

Answer 21

Rule 114. Sec. 22. Cancellation of bail. – Upon application of the bondsmen, with due notice to the prosecutor, the bail may be cancelled upon surrender of the accused or proof of his death.

The bail shall be deemed automatically cancelled upon acquittal of the accused, dismissal of the case, or execution of the judgment of conviction.

In all instances, the cancellation shall be without prejudice to any liability on the bail.

Question 22

Rule 114. Sec. 14. Deposit of cash as bail. – The accused or […] may deposit […] with the […] or […], […], or […], or the […] where the […], the […], or recommended […]. Upon submission of a […] and a […], the warden or person having custody of the accused shall […].

The money shall be […] while the excess, if any, shall […].

Answer 22

Rule 114. Sec. 14. Deposit of cash as bail. – The accused or any person acting in his behalf may deposit in cash with the nearest collector of internal revenue or provincial, city, or municipal treasurer, or the clerk of court where the case is pending, the amount of bail fixed by the court, or recommended by the prosecutor who investigated or filed the case. Upon submission of a proper certificate of deposit and a written undertaking showing compliance with the requirements of Section 2 of this Rule, the warden or person having custody of the accused shall release him without necessity of a further order from the court.

The money shall be considered as bail and applied to the payment of fine and costs while the excess, if any, shall be returned to the accused or to whoever made the deposit.

Question 23

Rule 114. Sec. 11. Property bond, how posted. – A property bond is […]. Within […], the accused shall […] with the […] if the land is […], or if unregistered, in the […], in the […] or […], and on the corresponding […] concerned.

Within the same period, the accused shall […] and his failure to do so shall be […].

Answer 23

Rule 114. Sec. 11. Property bond, how posted. – A property bond is an undertaking constituted as a 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 Registry of Deeds if the land is registered, or if unregistered, in the Registration Book on the space provided therefor, 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.

Question 24

Rule 114. Sec. 12. Qualifications of sureties in property bond. – The qualifications of sureties in a property bond shall be as follows:

(a) […] must be […] within the Philippines;
(b) Where there is only […], his real estate must […];
(c) If there are […], each may […] but the aggregate of the […] must […].

In all cases, every surety must be […] over and above […] and […].

Answer 24

Rule 114. Sec. 12. Qualifications of sureties in property bond. – The qualifications of sureties in a property bond shall be as follows:

(a) Each must be a resident owner of real estate within the Philippines;
(b) Where there is only one surety, his real estate must be worth at least the amount of the undertaking;
(c) If there are two or more sureties, each may justify in an amount less than that expressed in the undertaking but the aggregate of the justified sums must be equivalent to the whole amount of the bail demanded.

In all cases, every surety must be worth the amount specified in his own undertaking over and above all just debts, obligations and properties exempt from execution.

Question 25

Rule 114. Sec. 15. Recognizance. – Whenever allowed by law or these Rules, the court may […] or […].

Answer 25

Rule 114. Sec. 15. Recognizance. – Whenever allowed by law or these Rules, the court may release a person in custody on his own recognizance or that of a responsible person.

Question 26

Rule 114.4 Sec. 16. Bail when not required; reduced bail or recognizance. – No bail shall be required when the law or these Rules so provide;

When a person has been […], he shall be released […], without prejudice to […]. If the maximum penalty to which the […], he shall be released after […].

A person in custody for a period […], without application of the […] or any […], shall be released on a […] or on his own […].

Answer 26

Rule 114.4 Sec. 16. Bail when not required; reduced bail or recognizance. – No bail shall be required when the law or these Rules so provide;

When a person has been in custody for a period equal to or more than the possible maximum imprisonment prescribed for the offense charged, he shall be released immediately, without prejudice to the continuation of the trial or the proceedings on appeal. If the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment.

A person in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged, without application of the Indeterminate Sentence Law or any modifying circumstance, shall be released on a reduced bail or on his own recognizance at the discretion of the court.

Question 27

Rule 114. Sec. 9. Amount of bail; guidelines. – The judge 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) […] of the accused to […];
(b) […] of the offense;
(c) […] for the offense charged;
(d) […] of the accused;
(e) […] of the accused;
(f) […] against the accused;
(g) […] of the accused appearing at […];
(h) […] of other bail;
(i) The fact that the accused was […]; and
(j) […] where the accused is on bail.

[…] shall not be required.

Answer 27

Rule 114. Sec. 9. Amount of bail; guidelines. – The judge 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 ability of the accused to give bail;
(b) Nature and circumstances 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.

Excessive bail shall not be required.

Question 28

Rule 114. Sec. 20. Increase or reduction of bail. – After the accused is admitted to bail, the court may, […], either […]. When increased, the accused […]. An accused held to answer a criminal charge, who […], may, at any […] and whenever a […], be required to […], or in lieu thereof, […].

Answer 28

Rule 114. Sec. 20. Increase or reduction of bail. – After the accused is admitted to bail, the court may, upon good cause, either increase or reduce its amount. When increased, the accused may be committed to custody if he does not give bail in the increased amount within a reasonable period. An accused held to answer a criminal charge, who is released without bail upon filing of the complaint or information, may, at any subsequent stage of the proceedings and whenever a strong showing of guilt appears to the court, be required to give bail in the amount fixed, or in lieu thereof, committed to custody.

Question 29

Rule 114.4 Sec. 23. Arrest of accused out on bail. – For the purpose of […], the bondsmen may […] or, upon written authority […], cause him to […] or any […] and […].

An accused released on bail may be […] without […].

Answer 29

Rule 114.4 Sec. 23. Arrest of accused out on bail. – For the purpose of surrendering the accused, the bondsmen may arrest him or, upon written authority endorsed on a certified copy of the undertaking, cause him to be arrested by a police officer or any other person of suitable age and discretion.

An accused released on bail may be re-arrested without the necessity of a warrant if he attempts to depart from the Philippines without permission of the court where the case is pending.