RULE 114: Bail

 

    

RULE 114: BAIL

1.    What is bail, what are its the forms?

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. 

 Forms: 

 1. corporate surety

 2. property bond

3. cash deposit

4. Recognizance

 

2.    Who has the choice of which bond to use?

1. Bail applicant

 2. Bondsman

3.    What is a property bond? How posted?

A property bond is an undertaking constituted as lien on the real property given as security for the amount of the bail.   Within ten (10) days from the approval of the bond, the accused shall cause the annotation on the certificate of title on file with the Registry of Deeds.

 

If the land is unregistered, it is annotated in the Registration Book on the space provided therefore in the Register of Deeds of the province or city where the land lies. The registration is likewise made on the corresponding tax declaration in the office of the provincial, city and municipal assessor concerned.   Within ten (10) days from the performance of the above acts, the accused shall submit his compliance to the court.

 

His failure to do so shall be sufficient cause for the cancellation of the property bond, his re-arrest and detention (Sec. 11, Rule 114, Rules of Court)   Within 10 days after the approval of the bond, the accused shall annotate the lien on the certificate of title with the Registry of Deeds and on the corresponding tax declaration in the office of the provincial, city and municipal assessor concerned.   Failure to do so shall be sufficient cause for cancellation of the property bond and his re-arrest and detention.

 

4.    What are the qualifications of a surety?

The sureties in a property bond must have the following qualifications:   (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. 

 

5.    What is a Corporate Surety?

This is bail furnished by a corporation.   Under the Rules of Court, any domestic or foreign corporation which is licensed as a surety and 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 the board of directors

6.    May the bondsman arrest the accused?

Yes, as provided:      Section 23. Arrest of accused out on bail   The bondsmen who put the bail bond for the accused become the jailers and they or the police officer to whom authority is endorsed may arrest the accused for the purpose of surrendering him to the court. The accused cannot leave the country without the permission of the bondsmen and the court.   The bondsman shall surrender the accused to the court for execution of the final judgment(Sec. 2[d], Rule 114).   For the purpose of surrendering the accused, the bondsman 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 (Sec. 23, Rule 114, Rules of Court).   An accused released on bail may be re-arrestedwithout the necessity of a warrant if he attempts to depart from the Philippines without permission of the court where the case is pending (sec 23 Rule 114 Rules of Court)

 

 

7.    When may the bond be cancelled?

1. Upon application of the bondsmen with due notice to the prosecutor, upon surrender of the accused or proof of his death;  

2. Upon acquittal of the accused;

3. Upon dismissal of the case;

Or

 4. Execution of judgment of conviction.   • Without prejudice to any liability on the bail.

 

8.     What is the purpose or objective of bail?

The rule clearly specifies that the purpose of bail is to guarantee the appearance of a person before any court when so required (Sec. 1, Rule 114, Rules of Court). That the accused shall appear before the proper court whenever required by the court or by the Rules is also one of the conditions in all kinds of bail (Sec. 2[b], Rule 114, Rules of Court).

9.    State the Constitutional basis for Right to Bail.

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. ( Article III, 1987 Constitution)

10.  What conditions are set for the granting of bail?

Section 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 Regional Trial Court, irrespective of whether the case was originally filed in or appealed to it;

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

(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

(d) The bondsman shall surrender the accused to the court for execution of the final judgment.

 

11. Supposing the accused have already jumped bail several times, will the bail be denied?

Yes. Section 5. Bail, when discretionary. — xxx

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:

xxx

(b) That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without valid justification;

xxx

12. May bail be granted after judgment of conviction is rendered and became final?

No. Section 24. No bail after final judgment; exception. — No bail shall be allowed after the judgment of conviction has become final. If before such finality, the accused has 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.

 

13. When is the presence of the accused required?

Section 2. Conditions of the bail; requirements. — xxx

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

(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

Xxx

Section 14(2), Article III of the Constitution, authorizing trials in absentia, allows the accused to be absent at the trial but not

at certain stages of the proceedings, to wit: (a) at arraignment and plea, whether of innocence or of guilt;

(b) during trial, whenever necessary for identification purposes; and

(c) at the promulgation of sentence, unless it is for a light offense, in which case, the accused may appear by counsel or

representative. At such stages of the proceedings, his presence is required and cannot be waived (People v. De Grano [2009]).

 

14. Distinguish custody of the law from jurisdiction of the court.

Custody of the law is required before the court can act upon the application for bail, but is not required for the adjudication of other reliefs sought by the defendant where the mere application therefor constitutes a waiver of the defense of lack of jurisdiction over the person of the accused.

 

Custody of the law is accomplished either by arrest or voluntary surrender, while jurisdiction over the person of the accused is acquired upon his arrest or voluntary appearance.

 

One can be under the custody of the law but not yet subject to the jurisdiction of the court over his person, such as when a person arrested by virtue of a warrant files a motion before arraignment to quash the warrant. On the other hand, one can be subject to the jurisdiction of the court over his person, and yet not be in the custody of the law, such as when an accused escapes custody after his trial has commenced.

 

The person, who is thereby deprived of his own will and liberty, binding him to become obedient to the will of the law. Custody of the law is literally custody over the body of the accused. It includes, but is not limited to, detention.

 

15. What pleadings are exceptions to the rule that the filing thereof seeking affirmative relief constitute voluntary submission of one’s person to the court’s jurisdiction?

There is, however, an exception to the rule that filing pleadings seeking affirmative relief constitutes voluntary appearance, and the consequent submission of one’s person to the jurisdiction of the court. This is in the case of pleadings whose prayer is precisely for the avoidance of the jurisdiction of the court, which only leads to a special appearance. These pleadings are:

 

(1) in civil cases, motions to dismiss on the ground of lack of jurisdiction over the person of the defendant, whether or not other grounds for dismissal are included;

 

 (2) in criminal cases, motions to quash a complaint on the ground of lack of jurisdiction over the person of the accused; and

 

(3) motions to quash a warrant of arrest. The first two are consequences of the fact that failure to file them would constitute a waiver of the defense of lack of jurisdiction over the person. The third is a consequence of the fact that it is the very legality of the court process forcing the submission of the person of the accused that is the very issue in a motion to quash a warrant of arrest.

 

16. Would an application for bail bar the accused from questioning the validity or his arrest, the validity of the warrant, or the manner of conducting the preliminary investigation?

SEC. 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary investigation. 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. The new rule is curative in nature because precisely, it was designed to supply defects and curb evils in procedural rules. Hence, the rules governing curative statutes are applicable. Curative statutes are by their essence retroactive in application.

17. Can the governor who has administrative supervision and control of members of the Provincial Detention Reformatory Center (PDRC) order the release of detention prisoners of the PDRC?

NO.

            Under 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.

            Indubitably, the power to order the release or transfer of a person under detention by legal process is vested in the court, not in the provincial government, much less the governor.

 

18. What is recognizance? Supposing the accused seek to be released on recognizance, where are you going to file the petition.

Recognizance  —  This  is  an  obligation  of  record entered  into  before  some  court  or  magistrate  duly  authorized to  take  it,  with  the  condition  to  do  some  particular  act,  the most  usual  condition  in  criminal  cases  being  the  appearance of  the  accused  for  trial. A  person  in  custody  may  be  released  on  recognizance whenever  allowed  by  law  or  by  the  Rules  of  Court  (Sec.  15, Rule  114,  Rules  of  Court).  The  release  may  be  either  on  the recognizance  of the  accused  himself  or  by  a  responsible  person (Sec.  15,  Rule 114, Rules  of Court).

19. Where should bail be filed?

It may be filed with the court where the case is pending. In the absence of the judge thereof, bail may be filed with any RTC or MTC judge in the province, city, or municipality. If the accused is arrested in a province, city, or municipality other than where the case is pending, bail may also be filed with and RTC of said place, or if no judge is available, with any MTC judge therein.

        But where bail is a matter of discretion or where the accused seeks to be released on recognizance, bail may only be filed in the court where the case is pending.

Any person in custody who is not yet charged may apply for bail with any court in the province, city or municipality where he is held.

20. Supposing the person detained is not yet charged in court

Under Sec.17(c), Rule 114, any person in custody who is not yet charged in court may apply for bail with any court in the province, city, or municipality where he is held.

21. Supposing the person detained is already charged in court.

1. As a general rule, the application for bail may be filed with the court where the case is pending.

XCPT: If the judge is absent or unavailable, then the application may be filed with any RTC judge, MeTC judge, MTC judge, or MCTC judge in the province, city, or municipality.

 

2. Where the accused is arrested in a province, city, or municipality other than where the case is pending, the application for bail may be filed with any RTC of said place. If the judge is absent or unavailable, then the application may be filed with any MeTC judge, MTC judge, or MCTC judge in said place.

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, which may, for good reason, require a different one to be filed.

 

3. Where the grant of bail is a matter of discretion, or the accused seeks to be released on recognizance, the application may only be filed in the court where the case is pending, whether on preliminary investigation, trial, or on appeal.

 

22. Supposing the case is not yet pending in court.

Sec. 17 (c) Any person in custody who is not yet charged in court may apply for bail with any court in the province, city, or municipality where he is held.

 

23. When is bail a matter of right? When is bail not required or reduced?

Section 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 recognize 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. (4a)

Section 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 prescribe 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. (16a)

 

 

24. Where to file the application for bond if it is NOT discretionary.

Section 17.  Bail, where filed. —

 

(a) Bail in the amount fixed may be filed 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 circuit trial judge in the province, city, or municipality.

 

If the accused is arrested in a province, city, or municipality other than 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. xxx

 

(c) Any person in custody who is not yet charged in court may apply for bail with any court in the province, city, or municipality where he is held.

25. Should the court grant bail for accused convicted with imprisonment exceeding 6 years?

NO. Under Sec.5, Rule 114, if the penaty imposed by the trial court is imprisonment exceeding 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.

 

26. When is bail discretionary?

Sec. 5: When the accused has been convicted in the RTC of an offense NOT punishable by death, reclusion perpetua, or life imprisonment.

27. What is a capital offense?

Section 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. (6a)

28. Where to file the application for bond if it is discretionary.

Sec. 17 provides that where the grant of bail is a matter of discretion, or the accused seeks to be released on recognizance, the application may only be filed in the court where the case is pending, whether on preliminary investigation, trial, or on appeal.

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.(Sec.5) If the original record has already been transmitted to the appellate court, then the application shall be filed with the said apellate court.

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.

 

29. When is a bail hearing compulsory?

The present rules provide that a bail hearing is mandatory on granting bail, whether it is a matter of right or of discretion

> Even in cases where there is no petition for bail, a hearing should still be had

> It is incumbent upon the prosecution to show evidence of guilt is strong. Even if there is absence or refusal, court shall still conduct a hearing.

 

30. Who has the burden of proving that the evidence of guilt is strong?

The prosecution has the burden of showing that evidence of guilt is strong.

31. What degree of evidence is required in a petition for bail?

The degree of evidence required in bail applications is that evidence of guilt is strong. This means that the test for the evidence is whether it shows evident guilt or a great presumption of guilt, and not whether the evidence estabishes guilt beyond a reasonable doubt, as this is the evidence required only for the purpose of conviction.

 

32. What is the remedy to review the validity of grant or denial of an application for bail?

Remedy  when  bail  is  denied The  remedy  of  the  petitioner  from  the  order  of  the  trial court  denying  his  petition  for  bail  is  to  file  a  petition  for  certiorari  if  the  trial  court  committed  a  grave  abuse  of  its  discretion amounting  to  excess  or  lack  of  jurisdiction  in  issuing  the  said order

33. May a petition for bail be granted without hearing.

No. A hearing  of  a  petition for  bail  is  necessary  is  to  determine  the  amount  of  bail  based on  the  guidelines  set  forth  in  Sec.  6,  Rule  114 of the  Rules  of Court.  Without  the  required  hearing,  the  bail  which  may  be granted  to  the  accused  would  be  arbitrary  and  without  basis

34. Supposing that accused, who was charged for a capital offense, was convicted on a non-capital offense, can he, during appeal, file for bail?

Yes. Under Sec. 5, 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.