114

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RULE 114

BAIL

SECTION 1 – Bail is a 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 certain
specified conditions.

It is not intended to cover the civil liability of the accused in the same criminal case. The money
deposited as bail, may however be used as or applied to the payment of fines and costs while the
excess shall be returned to the accused or to whoever made the deposit.

Proof of guilt need not be proof beyond reasonable doubt but rather whether it shows evident guilt
or presumption.

The amount of bail should be high enough to assure the presence of the accused when so required,
but it should be no higher than is reasonably calculated to fulfil this purpose. ( enrile vs.
sandiganbayan)

Bail in Military

The right to bail is not recognized and is not available to the military. (Commendador vs. Villa)

Bail in Extradition Treaties

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