F.

Bail

1. Nature

a. 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 under certain specified conditions.

Bondsman – person who furnishes the security given for the provisional
release of the person in custody of the law.

Purpose of BAIL:
- Is to guarantee the appearance of a person before any court when so
required
- The right to Bail is constitutional
- It is personal in nature, therefore waivable.

b. Types of bail: corporate surety, property bond, cash deposit, or

recognizance. CPCR

1. CORPORATE SURETY – SECTION 10, RULE 114

— Any 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 jointly by the accused and an
officer of the corporation duly authorized by its board of directors.

- A bail furnished by a corporation

2. PROPERTY BOND – SECTION 11, RULE 114

- is an undertaking constituted as lien on the real property given as

security for the amount of the bail
-
Within ten (10) days after the approval of the bond, the accused
shall cause the annotation of the lien on the certificate of title on
file with the Register of Deeds if the land is registered, or if
unregistered, in the Registration Book on the space provided
therefor, in the Registry of Deeds for the province or city where the
 land lies, and on the corresponding tax declaration in the office of
the provincial, city and municipal assessor concerned.

- Within the same period, the accused shall submit to the court his
compliance and his failure to do so shall be sufficient cause for the
cancellation of the property bond and his re-arrest and detention

3. CASH DEPOSIT – SECTION 14, RULE 114

- The accused or any person acting in his behalf may deposit in

cash with the nearest collector or internal revenue or provincial,
city, or municipal treasurer the amount of bail fixed by the court, or
recommended by the prosecutor who investigated or filed the
case.

- Upon submission of a proper certificate of deposit and a written

undertaking showing compliance with the requirements of section
2 of this Rule, the accused shall be discharged from custody. The
money deposited shall be considered as bail and applied to the
payment of fine and costs while the excess, if any, shall be
returned to the accused or to whoever made the deposit.

- A judge is not authorized to receive cash bail, nor should cash be kept in
his office.

4. RECOGNIZANCE – SECTION 15, RULE 114

- This 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.

- Whenever allowed by law or these Rules, the court may release a

person in custody to his own recognizance or that of a responsible
person

c. Can bail be made to answer for civil liability of an accused? NO

- The grant or denial of bail has NO impact on the civil liability of the
accused that depends on conviction by final judgement.
 d. Distinguish bail bond from recognizance.

A 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
sets 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.

e. Is signature of accused required for validity of recognizance? NO (People vs. Abner)

The signature of the accused is not indispensable for its validity. Hence, the
bail bond was valid.

f. Constitutional basis of bail: Sec. 13, Art. III, 1987 Constitution

Section 13. All persons, except those charged with offenses
punishable by reclusion perpetua when evidence of guilt is strong,
shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right to
bail shall not be impaired even when the privilege of the writ of
habeas corpus is suspended. Excessive bail shall not be required.

g. When can a person post bail?

h. What is a mittimus? / commitment order

- refer to an arrest order that is issued by the court or judge that
orders law enforcement to find, arrest, and detain an individual.

2. When a matter of right; exceptions

3. When a matter of discretion

When a bail is a matter of discretion, a hearing must be conducted.
- The bail should be Filed ONLY in the court where the case is
pending
 a. Enrile v. Sandiganbayan, G.R. No. 213847 August 18, 2015

 After conviction by the RTC, where should the application be made?

The application for bail may be filed and acted upon by the trial court
despite the filing of a notice of appeal, provided it has not transmitted the
original record to the appellate court. However, if the decision of the trial
court convicting the accused changed the nature of the offense from non-
bailable to bailable, the application for bail can only be filed with and
resolved by the appellate court
4. Hearing of application for bail in capital offenses

5. Guidelines in fixing amount of bail -11

6. Bail when not required (RA 6036)

7. Increase or reduction of bail
8. Forfeiture and cancellation of bail
9. Hold departure order & bureau of immigration watch list
10. Application for Bail in Extrajudicial Cases

Extradition proceedings are NOT criminal in nature but sui generis, a class in itself.

The court stressed that, after a potential extraditee has been arrested or
placed under the custody of the law, bail may be applied for and granted
as an exception, only upon a clear and convincing showing
(1) that, once granted bail, the applicant will not be a flight risk or a danger
to the community; and
(2) that there exist special, humanitarian and compelling
circumstances 71 including, as a matter of reciprocity, those cited by the
highest court in the requesting state when it grants provisional liberty in
extradition cases therein.

a. Govt of USA v. Purganan, Sept 22, 2002- jimenez extradition case- NO

b. Gov’t of Hongkong v. Olalia, April 19, 2007- possible extraditee can
post bail

11. Effect of application for bail on objections over Illegal Arrest or Lack of
Preliminary Investigation
 a. Leviste vs. Almeda, G.R. No. 182677 August 3, 2010

CASES:

a. Mabutas v. Perello, A.M.-RTJ No. 03-1817, June 8, 2005

- prosecution conducted proper hearing for the grant of bail

b. Leviste v. Court of Appeals, G.R. No.181922, March 17, 2010

- After conviction by the trial court, the presumption of innocence
terminates and, accordingly, the constitutional right to bail ends

- From then on, the grant of bail is subject to judicial discretion.

Considering that the accused was in fact convicted by the trial court,
allowance of bail pending appeal should be guided by a stringent-
standards approach.

c. Domingo v. Pagayatan, A.M.-RTJ No.03-1751, June 10, 2003

d. Lachica v. Tormis, A.M.-RTJ No. 05-1609September 20, 2005

respondent judge can be held administratively liable for personally
receiving the cash bail bond for the accused

e. Serapio v. Sandiganbayan, G.R. No. 148468, January 28, 2003

1) WON petitioner should first be arraigned before hearings of his petition for
bail may be conducted?
NO. The arraignment of an accused is not a prerequisite to the conduct of hearings
on his petition for bail. A person is allowed to petition for bail as soon as he is
deprived of his liberty by virtue of his arrest or voluntary surrender. An accused
need not wait for his arraignment before filing a petition for bail.

Hence, we explained therein that to condition the grant of bail to an accused on

his arraignment would be to place him in a position where he has to choose
between (1) filing a motion to quash and thus delay his release on bail because
until his motion to quash can be resolved, his arraignment cannot be held, and (2)
foregoing the filing of a motion to quash so that he can be arraigned at once and
thereafter be released on bail. This would undermine his constitutional right not
to be put on trial except upon a valid complaint or Information sufficient to
charge him with a crime and his right to bail.