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Chapter 2: Temporary Release of

Detained Person
At the end of this chapter the student should be able to:

• Define Detention, Custodial Center, Detainee, and Detention

Prisoner
• Enumerate the Basis of Temporary Release of a Detained Person
• Understand the Definition, Concept, and Purpose of Bail.

Meaning of Detention/ Custodial Center, Detainee, and Detention Prisoner

Detention as defined by the Philippine

National Police is a restraint of personal liberty
or deprivation of freedom of action in any
significant manner. (PNP Operational
Procedure 2010 p. 85)

Detainee as defined by the Bureau of Jail

Management and Penology (BIMP) refers to
person who is accused before a court or
competent authority and is temporarily
confined in jail while undergoing or awaiting
investigation, trail, or final judgment (BJMP
Manual Revised 2007, p. 143)

Detention Prisoner refers to a person arrested due to the commission of a

crime/offense by the arresting unit for custodial investigation. It likewise includes
a person arrested for crimes, which are heinous in nature, against national
security, and high-profile crimes. (PNP Operational Procedure 2010, p. 85)

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Basis of Temporary Release of a Detained Person

1. Under the 1987 Philippine Constitution:

The 1987 Philippine Constitution allows two (2) modes by which a

person under custody may be released temporarily from detention before
conviction of the offense charged - (1) bail, and (2) release on recognizance
as may be provided by law. (Art. III, Sec. 13)

2. Under the Rules of Court:

Rule 102 of the Rules of Court provides for habeas corpus, a speedy
and effectual remedy to relieve from unlawful restrain and will therefore
issue when someone is deprived of liberty.

Definition, Concept, and Purpose of Bail

Bail is the security given for the released 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.

Bail bond is an obligation given by the accused with one or more sureties,
with the condition to be void upon the performance by the accused of such acts
as he may be legally required to perform.

Where Bail may be 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 judge, metropolitan trial judge, municipal trial judge in the
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 judge
thereof is available, with any metropolitan trial judge, municipal trial judge,
or municipal circuit trial judge therein.
2. Where the grant of bail is a matter of discretion, or the accused seeks 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.

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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. (Sec.
17, Rule 114, Revised Rules of Criminal Procedure)

Reasons why the Constitution Prohibits the Imposition of Excessive Bail

Excessive bail means a bail set at a higher amount than that reasonably
calculated to ensure the presence of the accused at the trial. It is prohibited for
the following reasons:

1. To safeguard the liability of the individuals;

2. Imposition of excessive bail amounts to nullification to the of the right to
bail which is offensive to the Constitution;
3. Right to bail would become meaningless. (Sunga vs. Solid, 109 SCRA 253)

Who may not invoke the Right to Bail?

1. It cannot be invoked where the applicant is not yet in custody of the law
because he went into hiding and is at large, and hence, a free man even
when he has already been criminally charged in court.
2. It Is also not available to one charged with a capital offense or an offense
punishable by Reclusion Perpetua, life imprisonment, or death if the
evidence of his guilt is strong.
3. Under the Rules of Court, "no bail shall be allowed after the judgment has
become final, or after the accused has commenced to serve sentence"(Sec.
24, Rule 114, Revised Rules of Criminal Procedure)

The Authority of the Sureties or Court to Re-arrest Principal

Section 23, Rule 114 of the Revised Rules of Criminal Procedure authorizes the
sureties and the court to re-arrest the principal in order to deliver him up at any
time before the trial court. The provision of the rule provides:

"Section 23. 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 a police officer
or any other person of suitable age and discretion.

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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."

Distinction of Bail Bond from a Recognizance

A bail bond is an obligation under seal given by the accused with one or more
sureties, and made payable to the proper officer with the condition to be void upon
performance by the accused of such acts as he may legally be required to perform.

A recognizance is an obligation of record, entered into before some 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. A recognizance does not require the signature of the accused for its
validity.

Recognizance as a Mode for Obtaining Release from Detention

Recognizance is an older method of suspending or deferring judgment for

good behavior. This was based on an ancient practice developed in England in the
14th century. It originated as a measure of preventive justice, involving an
obligation or promise, sworn to under court order by a person not yet convicted
but though likely from the information before the court to have committed a crime
that he would keep the peace and be of good behavior.

Recognizance refers to an undertaking in lieu of a bond assumed by a parent or

custodian who shall be responsible for the appearance in court of the child in
conflict with the law, when required. (Sec. 4(p), R.A. No. 9344)

Recognizance is an obligation of record, entered into before some 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. (Moreno, Phil. Law Dictionary, 3d ed., p. 797)

Qualifications and Requirements for Release on Recognizance

1. That the applicant is a Filipino citizen;

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2. That he is a resident of the Philippines for at least six (6) months prior to
the filing of the application;
3. That the offense for which he is in custody and seeks to be released on
recognizance is not punishable by death, reclusion perpetua, or life
imprisonment;
4. That he has no sufficient means to post corporate surety, property bond, or
cash deposit as bail bond; and
5. That more than five (5) years have elapsed since his last conviction or
release from imprisonment after conviction for an offense, if any, and he
has shown good behavior during the said period.

Disqualifications for Release on Recognizance

1. That he is a danger to the community;

2. That the circumstances of his case indicate the probability of flight if
released on recognizance;
3. That he is a recidivist, quasi-recidivist, or habitual delinquent, or has been
previously convicted of a crime aggravated by the circumstance of
reiteration;
4. That he has previously escaped from legal confinement, evaded sentence,
or violated the conditions of his previous bail or release on recognizance, if
any, without valid justification;
5. That he has previously committed a crime while under probation, parole, or
conditional pardon; or
6. That there is undue risk that he may commit another crime if released on
recognizance.

Release of Detainee through Habeas Corpus

Writ of Habeas Corpus Defined

Writ of habeas corpus is a writ which has been esteemed the best and only
sufficient defense of personal freedom having for its object the speedy release by
judicial decree of persons who are illegally restrained of their liberty, or illegally
detained from the control of those who are entitled to their custody. (Albano,
Albano Jr., Albano, Remedial Law Reviewer, 2007 ed., p 964, citing Ballentine's
Law dictionary, 2nd ed., p. 569)

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The writ of habeas corpus is the means by which judicial inquiry is made
into the alleged encroachments upon the political and natural rights of individuals,
such as restraint of liberty. It is a writ of defense of personal freedom, having for
its object the speedy release, by judicial decree, of persons who are illegally
restrained of their liberty, or who are entitled to the custody of them. It is directed
to the person in whose custody the person is detained. (Phil. Law Dictionary by
Moreno, 3rd ed. p. 424)

The writ of habeas corpus also has a very limited availability as a post-
conviction remedy where, as a consequence of judicial proceeding: (a) there has
been a deprivation of a constitutional right resulting in the restraint of a person;
(b) the court had no jurisdiction to impose the sentence; or (c) an excessive
penalty has been imposed, as such sentence is void as to such excess.
(Agranzamendez, Q &A in Remedial Law, 2008 ed., p. 514, citing Feria vs. CA,
382 Phil. 412 [2000])

Nature and Purpose of the Petition for Habeas Corpus

Petition for habeas corpus is like a proceeding in rem because it is an

inquisition by the government, at the suggestion and instance of an individual,
most probably, but still in the name and capacity of the sovereign. It is also
instituted for the purpose of fixing the status of a person and that there can be no
judgment entered against anybody since there is no real plaintiff and defendant.
(Alimpoos vs. CA, 106 SCRA 159)

The essential object and purpose of the writ of habeas corpus is to inquire
into all manner of involuntary restraint as distinguished from voluntary, and to
relieve a person therefrom if such restraint is illegal (Moncupa vs. Enrile, 141
SCRA 233); and any further rights of the parties are left untouched by decision on
the writ, whose principal purpose is to set the individual at liberty. (Villavicencio
vs Lukban, 39 Phil 778)

The essential object or purpose of the writ of habeas corpus is to inquire

into all manner of involuntary restraint and to relieve a person from it if such
restraint is illegal. (Agranzamendez, p. 514, citing Aquino vs. Esperon, G.R. No.
174994, Aug. 31, 2007)

To what Habeas Corpus Extends

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Section 1, Rule 102 of the Rules of Court provides the following provisions:

"Section 1. To what habeas corpus extends. - Except as otherwise expressly

provided by law, the writ of habeas corpus shall extend to all cases of illegal
confinement or detention by which any person is deprived of his liberty, or by
which the rightful custody of any person is withheld from the person entitled
thereto."

Who may Grant the Writ of Habeas Corpus?

The writ of habeas corpus may be granted by the Supreme Court, or any
member thereof on any day and at any time, or by the Court of Appeals or any
member thereof in the instance authorized by law, and if so granted it shall be
enforceable anywhere in the Philippines, an may be made returnable before the
court or any member thereof, or before a Court of First Instance (RTC), or any
judge thereof for hearing and decision on the merits. It may also be granted by a
Court of First Instance (Regional Trial Court), or a judge thereof, on any day an
at any time, and returnable before himself, enforceable only within his judicial
district. (Sec 2 Rule 102, Rules of Court)

What are the instances when the writ of habeas corpus shall not be allowed?

The writ of habeas corpus shall not be allowed if it appears that the person
alleged to be restrained of his liberty is in the custody of an officer under process
issued by a court oi judge or by virtue of a judgment or order of a court of record,
and that the court or judge has jurisdiction to issue the process, render the
judgment, or make the order. (See Sec. 4, Rule 102, Rules of Court)

The writ of habeas corpus, as a general rule, will not issue where the person
alleged to be restrained of his liberty is in the custody of an officer under a
process issued by the court which has jurisdiction to do so. (Aquino vs. Esperon,
ibid)

If the writ is granted because it ought to issue, to whom shall it be directed, and
what shall it require?

In case of imprisonment or restraint by an officer (BUCOR/BJMP/PNP/AFP),

the writ shall be directed to him, and shall command him to have the body of the

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person restrained of his liberty before the court or judge designated in the writ at
the time and place therein specified.

In case of imprisonment or restraint by a person not an officer, the writ

shall be directed to an officer and shall command him to take and have the body
of the person restrained of his liberty before the court or judge designated in the
writ at the time and place therein specified, and to summon the person by whom
he is restrained then and there to appear before said court or judge to show cause
of the imprisonment or restraint. (Sec. 6, Rule 102, Rules of Court)

What may the court or judge do if the person subject of the petition is unlawfully
imprisoned?

The court or judge shall forthwith order his discharge from confinement,
but such discharge shall not be effective until a copy of the order has been served
on the officer or person detaining him. If the officer or person detaining him does
not desire to appeal, the prisoner shall be forthwith released. (Sec. 15, Rule 102,
Rules of Court)

Distinguish Writ of Amparo, Writ of Habeas Corpus and Writ of Habeas Data

Writ of Amparo is a remedy available to any person whose right to life,

liberty and security is violated or threatened with violation by an unlawful act or
omission of a public official or employee, or of a private individual or entity. The
writ shall cover extrajudicial killings and enforced disappearance. (A.M. No. 07-
9-12-SC, The Rule on Writ of Amparo dated September 24, 2007)

Writ of Habeas Corpus is a writ directed to a person detaining another

commanding him to produce the body of the prisoner at a designated time and
place, and to show sufficient cause of his caption and detention, to do, to submit,
and receive whatever the court or judge awarding the writ shall consider in that
behalf. A writ of habeas corpus extends to all cases of illegal confinement or
detention by which a person is deprived of his liberty, or by which the rightful
custody of any person is withheld from the person entitled to it. Its essential object
or purpose is to inquire into all manner of involuntary restraint and to relieve a
person from such restraint is illegal.

Writ of Habeas Data is a remedy available to any person whose right to

privacy in life, liberty or security is violated or threatened by an unlawful act or

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omission of a public official or employee, or of a private individual or entity
engaged in the gathering, collecting or storing of data or information regarding
the person, family, home and correspondence of the aggrieved party (A.M. No.
08-1-16-SC, The Rule on the Writ of Habeas Data, January 22, 2008).

Habeas Data is a writ that enables a person to find out what information is
collated about him, by the police or the military and other law enforcement
agencies, and the use and purpose of such information. The writ of habeas data is
a remedy, the purpose of which is to enjoin the act alleged to be in violation of a
person's right to privacy, or to compel the deletion, destruction, or rectification of
erroneous data or information.

References:
Handbook on
NON-INSTITUTIONAL CORRECTIONS
LINNET DOLINEN - GAHAR

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