It was so important and prudent to include a right to reasonable bail in the Bill of Rights because bail is inherently intertwined with a defendant's right to innocence until proven guilty. A person should have the right to be released on bail while preparing for their trial.

1. RULE 114
BAIL
BY: CHELDY SYGACO ELUMBA-PABLEO,MPA,LLB
CRIMINAL PROCEDURE

2. BAIL DEFINED
It 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.
It may be given in the form of corporate surety, property bond, cash
bond, or recognizance.
It is awarded to the accused to honor the presumption of innocence
until his guilt is proven beyond reasonable doubt, and to enable him
to prepare his defense without being subject to punishment prior to
conviction.

3. BAIL
PURPOSE: To relieve an accused from imprisonment until his
conviction or acquittal and to secure his appearance at the trial.
It is intended to obtain or secure one’s provisional liberty, thus, it
cannot be posted before custody over him has been acquired by the
court.
RATIONALE: it discourages and prevents resort to the pernicious
practice whereby an accused could just send another in his stead to
post bail, without recognizing the jurisdiction of the court by his
personal appearance in therein compliance with the requirements
thereof.

4. CONDITIONS ON BAIL
REQUIREMENTS:
1. The undertaking shall be effective upon approval, and unless
cancelled, remain in force at all stages of the case, until the
promulgation of the judgment of the RTC, irrespective of
whether the case was originally filed in or appealed to it,
2. The accused shall appear before the proper court whenever
required by the court or these Rules;

5. CONDITIONS ON BAIL
REQUIREMENTS:
3. 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. (the case may
proceed in absentia)
4. The bondsman shall surrender the accused to the court
for execution of the final judgment.

6. TECHNICAL REQUIREMENTS OF BAIL
1. Original papers shall state the full name and address of
the accused
2. The amount of the undertaking and the conditions of
this section
3. Photograph (passport size) of the accused and the
bondsman—within the last 6 months showing the face,
left and right profiles of the accused must be attached
thereto.

7. 3 STAGES OF A CRIMINAL PROCEEDING
1. The trial
2. The promulgation of judgment
3. The execution of sentence
The surety’s liability covers all these 3 stages the
appearance of the accused at the trial, appearance
during the promulgation of judgment, and the service
by the accused of the sentence imposed.

8. BAIL
Accused has 15 days from promulgation or reading of the
judgment of conviction by the court within which to appeal
in the higher court.
No released or transfer of the detained person EXCEPT on
court order or bail.
No bail is allowed when the charge with offenses
punishable by reclusion perpetual when the evidence of
guilt is strong.

9. BAIL AS A MATTER OF RIGHT
ALL PERSONS IN CUSTODY shall be admitted to bail as a
matter of right, with sufficient surities, or released on
recognizance as prescribed by law or this Rule:
1. Before or after conviction by the Metropolitan Trial Court,
Municipal Trial Court in Cities, or Municipal Circuit Trial
Court;
2. Before conviction by the Regional Trial Court of an offense
not punishable by death or reclusion perpetual or life
imprisonment.

10. BAIL AS A MATTER OF DISCRETION
GENERAL RULE: Before conviction, bail is a matter of right
for all offenses punishable by lower than reclusion
perpetua, as to which the prosecution does not have the
right to oppose nor to present evidence for its denial.
It is only when BAIL IS A MATTER OF DISCRETION before
conviction in offense punishable by death, reclusion
perpetua or life imprisonment that the prosecutionis
entitled to present evidence for its denial.

11. BAIL
In case it is authorized, bail should be granted BEFORE
arraignment, otherwise the accused may be precluded from
filing a motion to quash.
FOR THIS REASON, the condition imposed by the trial court
that the bail granted only after the accused had been
arraigned is void.
However, while the condition is invalid, the arraignment
and the subsequent proceedings against the accused are
valid.

12. EXCEPTION TO THE RIGHT TO BAIL
The right to bail of an accused military personnel triable by
courts-martial does not exist, as an exception to the general rule
that an accused is entitled to bail, except in capital offense where
the evidence of guilt is strong.
The unique structure of the military justifies exempting military
men from the constitutional coverage on the right to bail.
Thus, it has been held that the right to bail, embodied in the
constitution is not available to the military personnel or officer
charged with violation of the Articles of War.

13. BAIL WHEN DISCRETIONARY
WITH NOTICE OF APPEAL: 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 provisional liberty during the
pendency of the appeal under the same bail subject to the
consent of the bondsman.

14. BAIL WHEN DISCRETIONARY
If the penalty imposed by the trial court is imprisonment exceeding 6
years, but not more than 20 years—the accused shall be denied bail,
or his bail shall be cancelled, upon a showing by the prosecution,
with notice of the accused of the following circumstances:
1. He is a recividist, quasi-resividist, or habitual delinquent, or has
committed the crime aggravated by circumstance of reiteration.
2. Previously escaped from legal confinement, evaded sentence, or has
violated the conditions of his bail without valid justification.

15. BAIL WHEN DISCRETIONARY
3. He committed the offense while on probation, parole, or under
conditional pardon.
4. The circumstances of his case indicate the probability of flight if
released on bail.
5. There is undue risk that he may commit another crime during the
pendency of the appeal.
The court may motu proprio or on motion of any party, review the
resolution of the RTC after notice to the adverse party in either
case.

16. BAIL WHEN DISCRETIONARY
The accused who has convicted of an offense which
carries a penalty of more than 20 years is not entitled
to bail during the pendency of his appeal.
In case of a judgment of conviction, and the accused
desires to appeal, the bail bond previously posted by
the accused can only be used during the 15-day period
to appeal.

17. CAPITAL OFFENSE NOT BAILABLE
Capital offense or an offense punishable by reclusion perpetua or life
imprisonment is not bailable or when the evidence of guilt is strong
regardless of the stage of the criminal prosecution.
CONSTITUTIONAL MANDATE: grant or deny bail of capital punishment
whether or not the evidence of guilt is strong.
This requires the trial court to conduct bail hearings wherein both the
prosecution and the defense are afforded sufficient opportunity to
present their respective evidence.
THE BURDEN OF PROOF: lies on the prosecution to show strong
evidence of guilt.

18. REASON WHY CAPITAL OFFENSE IS NOT
BAILABLE, AS A RULE
EXCEPTION: If the person charged with capital offense is
a MINOR, he is entitled to bail regardless of whether the
evidence of guilt is strong.
REASON: the one who faces probable death sentence as
a particularly strong temptation to established without
objection to be minor who by law cannot be sentence to
death.

19. HEARING IN BAIL APPLICATION
The hearing for bail in capital offense is SUMMARY.
It is meant such brief and speedy method of receiving and
considering the evidence of guilt as is practicable and
consistent with the purpose of the hearing which is merely to
determine the weight of the evidence for purposes of bail.
It is not trying the case on the merit; but hearing is
nonetheless required as a safeguard against arbitrariness.

20. HEARING IN BAIL APPLICATION
• At the hearing, the accused can rightfully cross-examine the
witness presented by the prosecution and introduce his own
evidence in rebuttal.
• The court cannot rely on merely affidavits or recitals of their
contents, if timely objected to, for these represent only
hearsay evidence, and thus are insufficient to establish the
quantum of evidence that the law requires.
• HEARING is a must.

21. DUTIES OF TRIAL COURT IN PETITION FOR
BAIL IN CAPITAL OFFENSE
1. NOTIFY the prosecutor of the hearing for the application for bail or require
him to submit his recommendation.
2. CONDUCT A HEARING of the application for bail regardless of whether or
not the prosecution refuses to present evidence to show that the guilt of
the accused is strong for the purpose of enabling the court to exercise its
sound discretion.
3. DECIDE whether the evidence of guilt of the accused is strong based on
the summary of evidence of the prosecution.
4. If the guilt of the accused is not strong, DISCHARGE the accused on the
approval of the bailboard.

22. ACCUSED MUST BE IN CUSTODY OF THE LAW
A bail is the security given for the release of a person in the
custody of the law, conditioned upon his appearance in court
when required.
The posting of bail PRESUPPOSES that the accused is detained
or in the custody of the law.
The trial court cannot bail and fix the amount thereof where the
accused has not yet surrendered or has not been arrested or
otherwise deprived of his liberty.

23. GUIDELINES FOR THE AMOUNT OF BAIL
The judge shall fix the reasonable amount of bail on
the following:
1. Financial ability of the accused to give bail;
2. Nature and circumstances of the offense;
3. Penalty of the offense charged;
4. Character and reputation of the accused;
5. Age and health of the accused;

24. GUIDELINES FOR THE AMOUNT OF BAIL
6. The weight of the evidence against the accused
7. Probability of the accused appearing at the trial
8. Forfeiture of other bail;
9. The fact the accused was fugitive from justice when
arrested;
10. The pendency of other cases where the accused is
under bond;
Excessive bail shall not be required

25. GUIDELINES FOR THE AMOUNT OF BAIL
The judge fixes the amount of the recommended
bail when he issues a warrant of arrest for a bailable
crime or when he grants the application for bail.
The prosecutor usually recommends the amount of
bail in the information when he files in court.

26. CORPORATE SURETY
Any domestic or foreign corporation, licensed as a surety in
accordance with the law and currently authorized to such act, may
provide bail by a bond subscribed jointly by the accused and the
officer of the corporation duly authorized by its board of
directors.
BAIL BOND is a contract, and rights, duties and liabilities of
bondsmen and sureties depend on the provision of the contract
and by the general principles of contract.

27. PROPERTY BOND
A property bond is an undertaking constituted as lien on the
real property given as security for the amount of the bail.
After 10 days after approval of the bond, the accused shall
cause the annotation of the lien on the certificate of title on
file with the Register of Deeds, if the land is REGISTERED, or if
UNREGISTERED, 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.

28. PROPERTY BOND
WITHIN THE SAME PERIOD, the accused
shall submit to the court his compliance
and failure to do so shall be sufficient
cause for the cancellation of the property
bond and his re-arrest and detention.

29. QUALIFICATION OF SURETIES IN PROPERTY
BAIL BOND
1. Each of them must be a resident owner of real estate within the
Philippines;
2. Where there is ONLY ONE SURETY, his real estate must be worth at least
the amount of the undertaking;
3. If there are 2 OR MORE SURETIES, each may justify in the amount less than
that expressed in the undertaking but the aggregate of the justifies sum
is equivalent to the whole amount of 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 property exempt
from execution.

30. JUSTIFICATION OF SURETIES
Before accepting the surety or bail bond, the following requisites must be
complied with:
1. Photographs of the accused
2. Affidavit of justification
3. Clearance from the Supreme Court
4. Certificate of compliance with Circular No. 66 dated September 19, 1996 of
the Insurance Commissioner
5. Authority of the agent
6. Current certificate of authority issued by the Insurance Commissioner with the
financial statement showing the maximum undertaking capacity of the surety
company.

31. 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 the amount of bail fixed by the court or recommended by the
prosecutor who investigated or file the court.
Upon submission of a proper certificate of deposit and a written
undertaking showing compliance with the requirements of Sec. 2 of Rule
114---the accused shall be discharged from custody.
Money deposited shall be considered as bail and applied to the payment
of any fine and costs while the EXCESS, if any shall be returned to the
accused of to whoever made the deposit.

32. RECOGNIZANCE
The court may release a person in custody of the law on his own
recognizance or that of a responsible person.
The trial court usually entrusts the person of the accused to a
person of known probity and responsibility who assumes the
obligation to bring him to court for arraignment, during trial,
promulgation of decision, and execution of sentence.
Ordinarily applicable in light offense.

33. RECOGNIZANCE
EFFECT: The surety or the person to whom the
person of the accused has been entrusted on
recognizance becomes the jailer invested with full
authority over the person of the principal and has
assumed the obligation of bringing him to court
whenever the accused’s appearance may be
required as stipulated in the bail bond or

34. BAIL WHEN NOT REQUIRED
When the person has been in custody for a period equal to or
more than 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 30 days of preventive
imprisonment.

35. BAIL WHEN NOT REQUIRED
A person in custody for the 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 his own recognizance at the
discretion of the court.

36. BAIL, WHERE FILED
1. 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 court judge, metropolitan circuit
trial court judge, in the province or 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
RTC of the said place, or if NO JUDGE, MTC judge or MCT judge
therein.

37. BAIL WHEN NOT REQUIRED
2. Whenever the grant of bail is a MATTER OF DISCRETION,
or the accused seeks to be released on recognizance, the
application therefor may be filed in the court where the
case is pending, whether for preliminary investigation,
trial, or appeal.
3. 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.

38. BAIL WHEN NOT REQUIRED
A judge presiding in one branch has NO POWER to grant
bail to an accused who is being tried in another branch
presided by another judge who is NOT ABSENT or
UNAVAILABLE, and his act of releasing him on bail
constitute ignorance of the law which subjects him to
DISCIPLINARY SANCTION.
Municipal Trial Court judge has NO AUTHORITY to grant
bail to an accused arrested outside of his territorial
jurisdiction.

39. NOTICE OF APPLICATION TO PROSECUTOR
In the application for bail, the court must give reasonable
notice of the hearing to the prosecutor or require him to
submit his recommendation.
A MOTION TO REDUCE the amount of bail likewise requires a
hearing BEFORE is granted in order to afford the prosecution
the chance to oppose it.
A judge may be held liable for GROSS MISCONDUCT for
breach of these rules.

40. NOTICE OF APPLICATION TO PROSECUTOR
Even if the bail is a matter of right as in non-capital cases,
notice of the application for bail is required to be given to the
prosecutor even though no charge has yet been filed.
A trial court should not act on motion for bail without first
the accused surrendering or without the accused having been
first placed under legal custody.

41. RELEASE ON BAIL
The accused must be discharged upon approval of the bail
by the judge.
Whenever bail is filed with a court other than where the
case is 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,
which may, for good reason, require a different one to be
filed.

42. INCREASE OR REDUCTION OF BAIL
After the accused shall have been 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 thereof within a reasonable
period.

43. FORFEITURE OF BAIL BOND
When the presence of the accused is specifically
required by the court, the bondsmen shall be notified to
produce him before the court on given date and time.
FAILURE: his bail shall be declared FORFEITED and the
bondsmen are given 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. (with due notice)

44. FORFEITURE OF BAIL BOND
WITHIN THE PERIOD, the bondsmen must:
1. Produce the body of their principal or give the reason
for his non-production; and
2. Explain why the accused did not appear before the
court when first required to do so.
FAILING in these 2 requisites, a judgment shall be
rendered against the bondsmen, jointly and severally, for
the amount of the bail.

45. CANCELLATION OF THE BAIL BOND
Upon application of the bondsmen filed 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 the
acquittal of the accused, dismissal of the case, or execution of the
judgment of conviction.
A bondsman may be relieved from his undertaking by filing an
application for his discharge as a surety and cancelling of his bail
bond which he should set it for hearing after due notice to the
prosecutor, and by surrendering the accused to the court.

46. 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 any 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.

47. HOLD DEPARTURE ORDER
SC Circular No. 39-97 dated June 19,
1997 limits the authority to issue the
hold departure orders to the RTC’s in
criminal cases within their exclusive
jurisdiction.

48. HOLD DEPARTURE ORDER
MTC judges have no authority to issue
hold departure orders, following the
maximum, express mention implies the
exclusion. Neither has the authority to
cancel one which he issued.

49. HOLD DEPARTURE ORDER
If the accused has the propensity to
evade or disobey lawful orders, the
issuance of a hold departure order is
warranted.

50. COURT SUPERVISION OF DETAINEES
The court shall exercise
supervision over all persons in
custody for the purpose of
eliminating all unnecessary
detention.

51. COURT SUPERVISION OF DETAINEES
The executive judges of the RTC’s shall
conduct monthly PERSONAL
INSPECTIONS of provincial, city and
municipal jail and the prisoners within
their respective jurisdiction.

52. COURT SUPERVISION OF DETAINEES
Shall ascertain the number of detainees, inquire on
proper accommodation and health and examine the
condition of jail facilities.
Order segregation of sexes and of minors from
adult.
Monthly reports shall be submitted by the executive
judges to the Court Administrator.

53. BAIL NOT A BAR ON ILLEGAL ARREST BAR TO
OBJECTION ON ILLEGAL ARREST OR PI
PRIOR RULE: giving or posting of bail is tantamount to submission
of his person to the jurisdiction of the court and to a waiver of any
defects in the warrant of arrest issued against him.
In COJUANCO JR. VS SANDIGANBAYAN: the court ruled—the
accused desire to question the warrant of arrest, he should move
to quash the same, solely on the ground, without posting bail and
without seeking other reliefs, otherwise he waived the illegality of
the arrest and submitted himself to the jurisdiction of the court.
(provided he raises the question BEFORE entering his plea)

54. BAIL NOT A BAR ON ILLEGAL ARREST BAR TO
OBJECTION ON ILLEGAL ARREST OR PI
PRIOR RULE: If the accused allows himself to be
arraigned without questioning the legality of his
arrest, with or without warrant, the trial court
acquires jurisdiction over his person as the
legality of the arrest affects only the jurisdiction
of the court over the person of the accused.

55. THANK YOU FOR READING!
CHELDHAYE