Right to Bail Consti 2 digests

8/12/2019 Right to Bail Consti 2 digests

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RIGHT TO BAIL

RULE 114, Rules of Court - Bail

Section 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, cashdeposit, or recognizance. (1a)

Section 2. Conditions of the bail requirements. !ll "inds of bail are sub#ect to the following

conditions$

(a) %he underta"ing shall be effective upon approval, and unless cancelled, shall remain in force

at all stages of the case until promulgation of the #udgment of the &egional %rial 'ourt,irrespective of whether the case was originally filed in or appealed to it

(b) %he accused shall appear before the proper court whenever required by the court of these

&ules

(c) %he failure of the accused to appear at the trial without #ustification and despite due noticeshall be deemed a waiver of his right to be present thereat. n such case, the trial may proceed inabsentia and

(d) %he bondsman shall surrender the accused to the court for eecution of the final #udgment.

%he original papers shall state the full name and address of the accused, the amount of the underta"ing

and the conditions herein required. *hotographs (passport size) ta"en within the last si (+) monthsshowing the face, left and right profiles of the accused must be attached to the bail. (a)

Section 3.No release or transfer except on court order or bail. -o person under detention by legal

process shall be released or transferred ecept upon order of the court or when he is admitted to bail.

(a)

Section 4.Bail, a matter of right exception. !ll persons in custody shall be admitted to bail as amatter of right, with sufficient sureties, or released on recognize as prescribed by law or this &ule (a)

before or after conviction by the /etropolitan %rial 'ourt, /unicipal %rial 'ourt, /unicipal %rial

'ourt in 'ities, or /unicipal 'ircuit %rial 'ourt, and (b) before conviction by the &egional %rial 'ourtof an offense not punishable by death, reclusion perpetua, or life imprisonment. (0a)

Section 5.Bail, when discretionary. pon conviction by the &egional %rial 'ourt of an offense not

punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. %he

application for bail may be filed and acted upon by the trial court despite the filing of a notice ofappeal, provided it has not transmitted the original record to the appellate court. 2owever, if the

decision of the trial court convicting the accused changed the nature of the offense from non3bailable to

bailable, the application for bail can only be filed with and resolved by the appellate court.

4hould the court grant the application, the accused may be allowed to continue on provisional libertyduring the pendency of the appeal under the same bail sub#ect to the consent of the bondsman.

f the penalty imposed by the trial court is imprisonment eceeding si (+) 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) %hat he is a recidivist, quasi3recidivist, or habitual delinquent, or has committed the crimeaggravated by the circumstance of reiteration


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(b) %hat he has previously escaped from legal confinement, evaded sentence, or violated the

conditions of his bail without valid #ustification

(c) %hat he committed the offense while under probation, parole, or conditional pardon

(d) %hat the circumstances of his case indicate the probability of flight if released on bail or

(e) %hat there is undue ris" that he may commit another crime during the pendency of the

appeal.%he appellate court may, motu proprioor on motion of any party, review the resolution of the &egional

%rial 'ourt after notice to the adverse party in either case. (5a)

Section 6.Capital offense defined. ! capital offense is an offense which, under the law eisting at

the time of its commission and of the application for admission to bail, may be punished with death.(+a)

Section 7. Capital offense of an offense punishable by reclusion perpetua or life imprisonment, not

bailable. -o 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 stageof the criminal prosecution. (6a)

Section 8.Burden of proof in bail application. !t 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 the burden of showing that evidence of guilt is strong. %heevidence presented during the bail hearing shall be considered automatically reproduced at the trial, but

upon motion of either party, the court may recall any witness for additional eamination unless the

latter is dead, outside the *hilippines, or otherwise unable to testify. (7a)

Section 9.Amount of bailguidelines. %he #udge who issued the warrant or granted the applicationshall fi a reasonable amount of bail considering primarily, but not limited to, the following factors$

(a) 8inancial ability of the accused to give bail

(b) -ature and circumstances of the offense(c) *enalty for the offense charged

(d) 'haracter and reputation of the accused

(e) !ge and health of the accused

(f) 9eight of the evidence against the accused

(g) *robability of the accused appearing at the trial

(h) 8orfeiture of other bail

(i) %he fact that accused was a fugitive from #ustice when arrested and

(#) *endency of other cases where the accused is on bail.

:cessive bail shall not be required. (;a)

Section 10. Corporate surety. !ny 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

#ointly by the accused and an officer of the corporation duly authorized by its board of directors. (1


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&egister of =eeds if the land is registered, or if unregistered, in the &egistration Boo" on the space

provided therefor, in the &egistry of =eeds for the province or city where the land lies, and on the

corresponding ta declaration in the office of the provincial, city and municipal assessor concerned.

9ithin the same period, the accused shall submit to the court his compliance and his failure to do soshall be sufficient cause for the cancellation of the property bond and his re3arrest and detention. (11a)

Section 12.Qualifications of sureties in property bond. %he qualification of sureties in a property

bond shall be as follows$

(a) :ach must be a resident owner of real estate within the *hilippines

(b) 9here there is only one surety, his real estate must be worth at least the amount of the

underta"ing

(c) f there are two or more sureties, each may #ustify in an amount less than that epressed in

the underta"ing but the aggregate of the #ustified sums must be equivalent to the whole amount

of bail demanded.

n all cases, every surety must be worth the amount specified in his own underta"ing over and above all#ust debts, obligations and properties eempt from eecution. (1a)

Section 13.Justification of sureties. :very surety shall #ustify by affidavit ta"en before the #udge

that he possesses the qualifications prescribed in the preceding section. 2e shall describe the property

given as security, stating the nature of his title, its encumbrances, the number and amount of other bailsentered into by him and still undischarged, and his other liabilities. %he court may eamine the sureties

upon oath concerning their sufficiency in such manner as it may deem proper. -o bail shall be

approved unless the surety is qualified. (1a)

Section 14.eposit of cash as bail. %he accused or any person acting in his behalf may deposit incash with the nearest collector or internal revenue or provincial, city, or municipal treasurer the amount

of bail fied by the court, or recommended by the prosecutor who investigated or filed the case. pon

submission of a proper certificate of deposit and a written underta"ing showing compliance with the

requirements of section of this &ule, the accused shall be discharged from custody. %he moneydeposited shall be considered as bail and applied to the payment of fine and costs while the ecess, if

any, shall be returned to the accused or to whoever made the deposit. (10a)

Section 15.!ecogni"ance. 9henever allowed by law or these &ules, the court may release a person

in custody to his own recognizance or that of a responsible person. (15a)

Section 16.Bail, when not required reduced bail or recogni"ance. -o bail shall be required when

the law or these &ules so provide.

9hen a person has been in custody for a period equal to or more than the possible maimum

imprisonment prescribe for the offense charged, he shall be released immediately, without pre#udice tothe continuation of the trial or the proceedings on appeal. f the maimum penalty to which the accused

may be sentenced is destierro, he shall be released after thirty (aw or any modifyingcircumstance, shall be released on a reduced bail or on his own recognizance, at the discretion of the

court. (1+a)

Section 17.Bail, where filed. (a) Bail in the amount fied may be filed with the court where the case

is pending, or in the absence or unavailability of the #udge thereof, with any regional trial #udge,metropolitan trial #udge, municipal trial #udge, or municipal circuit trial #udge in the province, city, or


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municipality. f 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 #udge thereof is

available, with any metropolitan trial #udge, municipal trial #udge, or municipal circuit trial #udge

therein.

(b) 9here the grant of bail is a matter of discretion, or the accused see"s 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.

(c) !ny person in custody who is not yet charged in court may apply for bail with any court inthe province, city, or municipality where he is held. (16a)

Section 18.Notice of application to prosecutor. n the application for bail under section 7 of this

&ule, the court must give reasonable notice of the hearing to the prosecutor or require him to submit his

recommendation. (17a)

Section 19.!elease on bail. %he accused must be discharged upon approval of the bail by the #udgewith whom it was filed in accordance with section 16 of this &ule.

9henever bail is filed with a court other than where the case is pending, the #udge who accepted the

bail shall forward it, together with the order of release and other supporting papers, to the court wherethe case is pending, which may, for good reason, require a different one to be filed. (1;a)

Section 20.#ncrease or reduction of bail. !fter the accused is admitted to bail, the court may, upongood cause, either increase or reduce its amount. 9hen increased, the accused may be committed to

custody if he does not give bail in the increased amount within a reasonable period. !n 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 fied, or in lieu thereof, committed to custody. (


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!n accused released on bail may be re3arrested without the necessity of a warrant if he attempts to

depart from the *hilippines without permission of the court where the case is pending. (a)

Section 24.No bail after final %udgment exception. -o bail shall be allowed after the #udgment of

conviction has become final. f before such finality, the accused has applies for probation, he may beallowed temporary liberty under his bail. 9hen 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. n no case shall bail be allowed after the accused has commenced to serve sentence. (0a)

Section 25.Court super&ision of detainees. %he court shall eercise supervision over all persons incustody for the purpose of eliminating unnecessary detention. %he eecutive #udges of the &egional

%rial 'ourts shall conduct monthly personal inspections of provincial, city, and municipal #ails and

their prisoners within their respective #urisdictions. %hey shall ascertain the number of detainees,

inquire on their proper accommodation and health and eamine the condition of the #ail facilities. %heyshall order the segregation of sees and of minors from adults, ensure the observance of the right of

detainees to confer privately with counsel, and strive to eliminate conditions inimical to the detainees.

n cities and municipalities to be specified by the 4upreme 'ourt, the municipal trial #udges or

municipal circuit trial #udges shall conduct monthly personal inspections of the municipal #ails in their

respective municipalities and submit a report to the eecutive #udge of the &egional %rial 'ourt having#urisdiction therein.

! monthly report of such visitation shall be submitted by the eecutive #udges to the 'ourt

!dministrator which shall state the total number of detainees, the names of those held for more thanthirty (


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0elWhether the %otion for bail of a defendant who is in custod# for a ca+ital offense be resolved in asu%%ar# +roceeding or in the course of a regular trial, the +rosecution %ust be given an o++ortunit# to+resent, within a reasonable ti%e, all the evidence that it %a# desire to introduce before the court shouldresolve the %otion for bail. !f the +rosecution should be denied such an o++ortunit#, there would be aviolation of +rocedural due +rocess, and the order of the court granting bail should be considered void onthat ground. /he court3s discretion to grant bail in ca+ital offenses %ust be e4ercised in the light of a

su%%ar# of the evidence +resented b# the +rosecution5 otherwise, it would be uncontrolled and %ight beca+ricious or whi%sical.

Lavies vs. Court of ppeals [GR 12!"3, 1 e%ruar 2333'Se#on Division, 5eno6a )*+ 4 #on#ur

a#ts0n 6 A+ril )77(, the +arents of Lorelie 2an Miguel re+orted to the +olice that their daughter, then )8#ears old, had been contacted b# Manolet Lavides for an assignation that night at Lavides3 roo% at theMetro+olitan Hotel in 9ili%an, "uezon Cit#. A++arentl#, this was not the first ti%e the +olice receivedre+orts of Lavides3 activities. An entra+%ent o+eration was therefore set in %otion. At around ':;< +.%. ofthe sa%e date, the +olice =noc=ed at the door of Roo% 6


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were all consolidated. 0n 6< une )77(, the Court of A++eals rendered its decision, invalidating the firsttwo conditions under )8 Ma# )77( order && i.e. that $)* the accused shall not be entitled to a waiver ofa++earance during the trial of these cases. He shall and %ust alwa#s be +resent at the hearings of thesecases5 and $;* !n the event that he shall not be able to do so, his bail bonds shall be auto%aticall#cancelled and forfeited, warrants for his arrest shall be i%%ediatel# issued and the cases shall +roceed totrial in absentia && and %aintained the orders in all other res+ects. Lavides filed the +etition for review withthe 2u+re%e Court.

/ssueWhether the court should i%+ose the condition that the accused shall ensure his +resence during the trialof these cases before the bail can be granted.

0el!n cases where it is authorized, bail should be granted before arraign%ent, otherwise the accused %a#be +recluded fro% filing a %otion to -uash. or if the infor%ation is -uashed and the case is dis%issed,there would then be no need for the arraign%ent of the accused. urther, the trial court could ensureLavides3 +resence at the arraign%ent +recisel# b# granting bail and ordering his +resence at an# stage ofthe +roceedings, such as arraign%ent. nder Rule ))D, >;$b* of the Rules on Cri%inal 1rocedure, one ofthe conditions of bail is that the accused shall a++ear before the +ro+er court whenever so re-uired b# thecourt or these Rules, while under Rule ))8, >)$b* the +resence of the accused at the arraign%ent is

re-uired. /o condition the grant of bail to an accused on his arraign%ent would be to +lace hi% in a +ositionwhere he has to choose between $)* filing a %otion to -uash and thus dela# his release on bail becauseuntil his %otion to -uash can be resolved, his arraign%ent cannot be held, and $;* foregoing the filing of a%otion to -uash so that he can be arraigned at once and thereafter be released on bail. /hese scenarioscertainl# under%ine the accused3s constitutional right not to be +ut on trial e4ce+t u+on valid co%+laint orinfor%ation sufficient to charge hi% with a cri%e and his right to bail. /he court3s strateg# to ensure theLavides3 +resence at the arraign%ent violates the latter3s constitutional rights.

COMMENDADOR VS. DE V!!A "200 SCRA 80# $.R. NO. 93177# 2 A%$ 1991&

Facts:The petitioners in G.R. Nos. 93177 and 96948 who are officers of the AFPwere directed to appear in person before the PreTria! "n#esti$atin$ %fficers for

the a!!e$ed participation the fai!ed co&p on 'ece(ber 1 to 9) 1989. Petitioners

now c!ai( that there was no pretria! in#esti$ation of the char$es as (andated b*Artic!e of +ar 71. A (otion for dis(issa! was denied. Now) their (otion for

reconsideration. A!!e$in$ denia! of d&e process.

"n G.R. No. 9,--) /tc 0acinto /i$ot app!ied for bai! on 0&ne ,) 199-) b&t the

app!ication was denied b* G2 No.14. e fi!ed with the RT a petition forcertiorari and (anda(&s with pra*er for pro#isiona! !ibert* and a writ of

pre!i(inar* in&nction. 0&d$e of G2 then $ranted the pro#isiona! !ibert*.

owe#er he was not re!eased i((ediate!*. The RT now dec!ared that e#en(i!itar* (en facin$ co&rt (artia! proceedin$s can a#ai! the ri$ht to bai!.

The pri#ate respondents in G.R. No. 974,4 fi!ed with 5 a petition for habeascorp&s on the $ro&nd that the* were bein$ detained in a(p ra(e witho&t

char$es. The petition was referred to RT. Findin$ after hearin$ that no for(a!char$es had been fi!ed a$ainst the petitioners after (ore than a *ear after their

arrest) the tria! co&rt ordered their re!ease.
http://cofferette.blogspot.com/2009/02/commendador-vs-de-villa-200-scra-80-gr.htmlhttp://cofferette.blogspot.com/2009/02/commendador-vs-de-villa-200-scra-80-gr.html


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Issues:

1 +hether or Not there was a denia! of d&e process.

+hether or not there was a #io!ation of the acc&sed ri$ht to bai!.

Held: N% denia! of d&e process. Petitioners were $i#en se#era! opport&nities topresent their side at the pretria! in#esti$ation) first at the sched&!ed hearin$ of

Febr&ar* 1) 199-) and then a$ain after the denia! of their (otion of Febr&ar*

1) 199-) when the* were $i#en &nti! 2arch 7) 199-) to s&b(it their co&nteraffida#its. %n that date) the* fi!ed instead a #erba! (otion for reconsideration

which the* were a$ain ased to s&b(it in writin$. The* had been epress!*warned in the s&bpoena that :fai!&re to s&b(it co&nteraffida#its on the date

specified sha!! be dee(ed a wai#er of their ri$ht to s&b(it contro#ertin$

e#idence.: Petitioners ha#e a ri$ht to pree(ptor* cha!!en$e. Ri$ht to cha!!en$e#a!idit* of (e(bers of G;52

"t is ar$&ed that since the pri#ate respondents are officers of the Ar(ed Forces

acc&sed of #io!ations of the Artic!es of +ar) the respondent co&rts ha#e no

a&thorit* to order their re!ease and otherwise interfere with the co&rt(artia!proceedin$s. This is witho&t (erit. < The Re$iona! Tria! o&rt has conc&rrent

&risdiction with the o&rt of Appea!s and the 5&pre(e o&rt o#er petitions forcertiorari) prohibition or (anda(&s a$ainst inferior co&rts and other bodies and

on petitions for habeas corp&s and =&o warranto.

The ri$ht to bai! in#oed b* the pri#ate respondents has traditiona!!* not been

reco$ni>ed and is not a#ai!ab!e in the (i!itar*) as an eception to the $enera! r&!ee(bodied in the ?i!! of Ri$hts. The ri$ht to a speed* tria! is $i#en (ore e(phasis

in the (i!itar* where the ri$ht to bai! does not eist.

%n the contention that the* had not been char$ed after (ore than one *ear fro(

their arrest) there was s&bstantia! co(p!iance with the re=&ire(ents of d&e

process and the ri$ht to a speed* tria!. The AFP 5pecia! "n#esti$atin$ o((itteewas ab!e to co(p!ete the prechar$e in#esti$ation on!* after one *ear beca&se

h&ndreds of officers and tho&sands of en!isted (en were in#o!#ed in the fai!ed

co&p.

Accordin$!*) in G.R. No. 93177) the petition is dis(issed for !ac of (erit. "n G.R.No. 96948) the petition is $ranted) and the respondents are directed to a!!ow the

petitioners to eercise the ri$ht of pere(ptor* cha!!en$e &nder artic!e 18 of theartic!es of war. "n G.R. Nos. 9,-- and 974,4) the petitions are a!so $ranted) and

the orders of the respondent co&rts for the re!ease of the pri#ate respondents are

hereb* re#ersed and set aside. No costs.


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A!CA A. BA'!ON( Cit) *+o,ec-to+ o Da/-an Cit)( colainant( ,. %D$E DEODORO .

SSON( Re/ional +ial Co-+t( B+anc 40( Da/-anCit)( Re,onent.

ACS

?n ?ctober 0, 1;;1, the ?ffice of the 'ity *rosecutor in =agupan 'ity filed an information for double murder against

several accused which was doc"eted as 'riminal 'ase -o. =31


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D 9e agree that bail in this case, not being a matter of right, must be addressed to the sound discretion of respondent

#udge. But this does not mean, however, a lubricious and untrammeled eercise of such discretion. 9e have held that

admission to bail as a matter of discretion presupposes the eercise thereof in accordance with law and guided by the

applicable legal principles, to wit$. . . %he prosecution must first be accorded an opportunity to present evidence becauseby the very nature of deciding applications for bail, it is on the basis of such evidence that #udicial discretion is

weighed against in determining whether the guilt of the accused is strong. n other words, discretion must be

eercised regularly, legally and within the confines of procedural due process, that is, after evaluation of the evidencesubmitted by the prosecution. !ny order issued in the absence thereof is not a product of sound #udicial discretion but of

whim and caprice and outright arbitrariness.

D %he rule is eplicit that when an accused is charged with a serious offense punishable with reclusion perpetua

to death, such as murder, bail may be granted only after a motion for that purpose has been filed by the accused and a

hearing thereon conducted by a #udge to determine whether or not the prosecutionEs evidence of guilt is strong. 9hetherthe motion for bail of an accused who is in custody for a capital offense be resolved in a summary proceeding or in the

course of a regular trial, the prosecution must be given an opportunity to present, within a reasonable time, all the evidence

that it may wish to introduce on the probable guilt of the accused, before the court resolves the motion for bail.

Govern$ent of t7e Unite States of $eri#a, Represente % t7e P7ilippine Depart$ent of*usti#e, vs. Purganan [GR 14&8"1, 24 Septe$%er 2332'En (an#, Pangani%an )*+ & #on#ur, 2 file separate opinions, 2 file separate issenting opinions, 1file separate #on#urring opinion

a#ts1ursuant to the e4isting R1&2 @4tradition /reat#, the nited 2tates Govern%ent, through di+lo%aticchannels, sent to the 1hili++ine Govern%ent Eote erbale


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+ra#ed that i%enezs a++lication for an arrest warrant be set for hearing. !n its ;6 Ma# ;


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%his case discusses whether the right to bail guaranteed under the Bill of &ights etends to a prospective etradite in an

etradition

1

proceeding.?n Canuary


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*rivate respondent

/uHoz was

ch

arge

d b

efor

e

the

2ong Fong 'ourt

with three ()counts of the offense of @a

cce

pting an advantag

eas ag

e

nt,@ in violation of 4ection ; (1) (a) of the*revention of Bribery ?rdinance, 'ap.


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nts arr

e

st

ed and d

e

taine

d

him

.*rivate respondent filed a

pe

tition for bail

which was opposed by petitioner. !fter hearing, CudgeBernardo, Cr.

issue

d an ?rd

er d

e

ny

ing t

he

pe

tition for bail

, holding that there is no *hilippine lawgranting bail in etradition cases and that private respondent is a high @flight ris".@Cudge Bernardo, Cr.inhibited himself from further hearing the case, it was then raffled off to Branch 7 presided

byrespondent #udge. *rivate respondent

file

d a motion for r

econsid

e

ration

of the ?rder denying hisapplication for bailand t

h

is was grante

d

by respondent #udge.*etitioner filed an urgent motion to vacate the above ?rder, but it was denied by respondent#udge.2ence, the instant petition.

ssu

e


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$

9hether or not respondent #udge acted with

grav

eabus

e

of disc

r

etion

amounting to lac"or ecess of #urisdiction as there is no provision in the 'onstitution

granting bail to a pote

ntial

e

traditee

.

2e

ld$

-o.Bearing in mind the purpose of etradition proceedings, the premise behind the issuanceof the arrest warrant and the

@temporary detention@ is the possibility of flight of the potentialetraditee. %his is based on the assumption that such

etraditee is a fugitive from #ustice. Given theforegoing, the prospective etraditee thus bears the

onus probandiof showing that he or she is not aflight ris" and should be granted bail.

Documents

Right to Bail Consti 2 digests