BAIL (114) more importantly, will guaranty his
appearance in court for the trial.
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, cash deposit, or recognizance, (1a)
RATIONALE: Right to bail flows from the
presumption of innocence in favor of every
accused who should not be subjected to the
loss of freedom. Thus, the right to bail only
accrues when a person is arrested or deprived
of his liberty. The right to bail presupposes that
the accused is under legal custody.
Purpose of Bail (Bar 1998)
1. To guarantee the appearance of the
accused at the trial.
2. To relieve the accused from rigors of
imprisonment until his conviction and yet
secure his appearance at the trial.
3. To enable him to prepare for his defense
without being subject to punishment prior to
conviction.
ENRILE VS SANDIGANBAYAN 2015
 Consistent with the purpose of the bail
which is to guarantee the appearance of
the accused at the trial, or whenever so
required by the trial court, the SC granted
provisional liberty to Enrile and ruled that it
will enable him to have his medical
condition properly addressed and better
attended to by competent physicians in the
hospitals of his choice. This will not only aid
in adequate preparation of his defense but,
 The SC further held that bail for the
provisional liberty of the accused,
regardless of the crime charged, should be
allowed independently of the merits of the
charge, provided his continued
incarceration is clearly shown to be
injurious to his health or to endanger his life.
Indeed, denying him bail despite imperiling
his health and life would not serve the true
objective of preventive incarceration during
the trial. (Enrile vs Sandiganbayan, G.R.
No. 213847. August 18, 2015)
Bail is available only to persons in custody
of law. A person is in custody of law when he
has been either arrested or otherwise deprived
of his freedom or when he has voluntarily
submitted himself to the jurisdiction of the court
by surrendering to the proper authorities.
RIGHT TO BAIL IN EXTRADITION
PROCEEDINGS
Generally, the right to bail in extradition
proceedings is available only in criminal
proceedings (Government of the USA vs
Purgaran).
XPN: A potential extraditee may be subjected
to arrest, to prolonged restraint of liberty, and
forced to transfer to the demanding state
following the proceedings. (Government of
Hongkong Special administrative region vs Hon.
Olalia). The Philippines, along with the other
members of the family of nations is committed t
uphold the fundamental rights as well as value
the worth and dignity of every person under the
time honored principle of pacta sunt servanda.
Thus, if bail can be granted in deportation
cases, there is no justification why it should not
also be allowed in extradition cases.
FORMS OF BAIL:

1. Corporate Bond -- One issued by a

corporation licensed to provide bail
subsribed jointly by the accused and an
officer duly authorized by its board of
directors

2. Property Bond -- an undertaking

constituted as a lien on the real property
given as security for the amount of the
bond.

3. Recognizance -- an obligation of record

entered into usually by the responsible
members of the community before some
court or magistrate duly authorized to take
it, with the condition to do some particular
act, the most usual act being to assure the
appearance of the accused for trial.

4. Cash deposit -- The money deposited by

the accused or any person acting on his
behalf, with the nearest collector of internal
revenue, or provincial, city or municipal
treasurer. Considered as a bail, it may be
applied to the payment of any fees and
costs, and the excess, if any, shall be
returned to the accused or to whoever
made the deposit.