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RULE 114 BAIL

Bail is a constitutional right that allows a person in custody to secure their release, ensuring their appearance in court. It can take various forms, including cash deposits and recognizance, and is granted as a matter of right or discretion based on the nature of the offense and evidence of guilt. The document outlines the procedures for bail applications, hearings, and the responsibilities of judges in determining bail eligibility and amounts.

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3 views4 pages

RULE 114 BAIL

Bail is a constitutional right that allows a person in custody to secure their release, ensuring their appearance in court. It can take various forms, including cash deposits and recognizance, and is granted as a matter of right or discretion based on the nature of the offense and evidence of guilt. The document outlines the procedures for bail applications, hearings, and the responsibilities of judges in determining bail eligibility and amounts.

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secacoicreyi-2239
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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RULE 114 BAIL

WHAT IS 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.

• The right to bail is a constitutional right. The constitutional right


to bail flows from the presumption of innocence in favor of every
accused who should not be subjected to the loss of freedom as
thereafter he would be entitled to acquittal, unless his guilt be proved
beyond reasonable doubt.

WHAT ARE THE FORMS OF BAIL?

• Bail may be in the form of:


1. corporate surety
2. property bond
3. cash deposit
4. recognizance

RECOGNIZANCE

• Recognizance – is an obligation of record, entered into before a


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.

BAIL A MATTER OF RIGHT AND AS A MATTER OF DISCRETION

• Bail as a matter of right – All persons in custody shall be admitted


to bail as a matter of right, with sufficient sureties, or released on
recognizance:
1. Before or after any conviction by the MTC; and
2. Before conviction by the RTC of an offense not punishable by
reclusion perpetua, life imprisonment or death. (Rule 114, Sec. 4)
3. Prior to conviction for an offense punishable by death,
reclusion perpetua, or life imprisonment when evidence of guilt is
not strong.

• Bail as a matter of discretion –


1. Upon conviction by the RTC of an offense not punishable by
death, reclusion perpetua or life imprisonment (Rule 114, Sec. 5);
and
2. If the RTC has imposed a penalty of imprisonment exceeding 6
years, provided none of the circumstances enumerated under
paragraph 3 of Section 5, Rule 114 is present:

a. That he is a Habitual delinquent, Quasi-recidivist,


Recidivist, 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 in bail; or

e. That there is Undue risk that he may commit another


crime during the pendency of the appeal

BAIL HEARING MANDATORY

• Bail hearing is mandatory when bail is a matter of discretion. It is


incumbent upon the prosecution to show that the evidence of guilt is
strong. Even if the prosecution is absent or refuses to present
evidence, the court cannot grant bail without conducting a hearing.
The court must first be convinced that the evidence does not warrant
the denial of bail.

REQUIREMENTS TO BE MET BY A JUDGE WHO DENIES AN


APPLICATION FOR BAIL

• The order should contain a summary of the evidence presented and


the reason for the denial, otherwise it shall be void. This is in order to
safeguard the constitutional right to presumption of innocence and
also because there is a need for clear grounds before a person can be
denied of his liberty.

• The application for bail does not prevent the accused from
questioning the validity or his arrest, the validity of the warrant, or the
manner of conducting the preliminary investigation provided that he
raises these questions before entering plea, otherwise such is deemed
waived.

WHAT IS A CAPITAL OFFENSE?

• 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.

• A summary hearing shall be held in order for the prosecution to show


that the evidence of guilt of the applicant for bail is indeed strong. The
court shall examine the witnesses on their direct testimonies or
affidavits to ascertain if the evidence of guilt of the accused is strong.

DUTIES OF THE TRIAL JUDGE IN CASE AN APPLICATION FOR BAIL

1. Notify the prosecutor of the hearing or require him to submit his


recommendation
2. Conduct a hearing
3. Decide whether the evidence of guilt is strong based on the
summary of evidence of the prosecution
4. If the guilt of the accused is not strong, discharge the accused upon
the approval of the bail bond. If evidence of guilt is strong, the
petition should be denied.

GUIDELINES IN SETTING THE AMOUNT OF BAIL

1. Financial ability of the accused


2. Nature and circumstances of the offense
3. Penalty for the offense
4. Character and reputation of the accused
5. Age and health of the accused
6. Weight of evidence against the accused
7. Probability of the accused appearing at the trial
8. Forfeiture of other bail
9. The fact that he was a fugitive from the law when arrested
10. Pendency of other cases where the accused is on bail

VENUE OF FILING BAIL

• As a general rule, petition for bail is 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.

• Exception – 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.

RELEASE ON BAIL

• Once the accused has been admitted to bail, he is entitled to


immediate release from custody. An officer who fails or refuses to
release him from detention notwithstanding the approval by the proper
court of his bail bond may be held liable under Article 126 of the RPC
for delaying release.

FORFEITURE OF BAIL

• When the appearance of the accused out on bail is specifically


required by the court and he failed to appear, the court shall issue an
order
of forfeiture wherein:

1. The provisional liberty of the accused due to the bail bond


shall be revoked and;
2. It shall require the bondsman to produce the principal.

CANCELLATION OF BAIL

• Bail is 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.

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