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BAIL COMPILATION PPT As of 24 Feb 2017 Missing Sec. 11 To 15
BAIL COMPILATION PPT As of 24 Feb 2017 Missing Sec. 11 To 15
A matter of
Sec. 4 right
Exception
When
Sec. discretio
5
MEANING Sec. 1 NATURE
Constitutional Right
Security given for the (Sec. 13, Art. III, 1987
release of a person in Constitution)
custody of the law
ARRESTED Exception
OTHERWISE DEPRIVED Personal in
OF HIS FREEDOM nature
VOLUNTARILY SUBMITTED
Waivable
HIMSELF TO THE
JURISDICTION PURPOSE
(Dinapol v. Baldado A.M. No.
RTJ-92-898, Aug. 5, 1993)
to obtain the provisional liberty of a
person charged with an offense until
his conviction while at the same
time securing his appearance at the
trial
To honor the presumption of
innocence until his guilt is proven
beyond reasonable doubt
To enable him to prepare his defense
without being subject to punishment
prior to conviction
FURNISHE Bail
Applica
A
bondsm
S THE nt
Himself
an
BAIL
FORMS OF
BAIL
Corporate surety
(Sec. 10)
Property bond
(Sec. 11)
Cash deposit (Sec.
14)
Recognizance (Sec.
15)
EFFECTS OF FAILURE TO APPEAR AT THE
TRIAL D.
BONDSMAN SHALL SURRENDER THE
ACCUSED
EFFECTS OF FAILURE TO APPEAR AT THE C.
TRIAL
TRIAL MAY PROCEED IN ABSENTIA
APPEARANCE BEFORE THE PROPER COURT B.
WHENEVER SO REQUIRED
A.
DURATION OF THE UNDERTAKING
Sec. 2
The Photographs
Full
name amount of -passport
the size
and undertakin -taken within
Address g and the the last 6
months
of the conditions
-showing the
accused required face, left and
right profiles
Sec. 3 No release or
transfer except on
court order or bail.
When
bail
- A MATTER OF RIGHT
OR
-DISCRETION
1. Bail, a matter
of Right Supreme Court
Court of
Court of Sandiganbay
Tax
Appeals an
Appeals
Regional
Trial
Courts
Municipal Municipal
Metropolita Municipal
Trial Circuit
n Trial Court Trial
Courts in Trial
Courts
Cities Courts
Before or After
2. Bail, a matter
of Right
Exception Supreme Court
Offense punishable
by
death
Court of
Reclusion perpetua Court of Sandiganbay
Tax
Appeals an
Appeals
Regional
Trial Before
Courts
Conviction
Municipal Municipal
Metropolita Municipal
Trial Circuit
n Trial Court Trial
Courts in Trial
Courts
Cities Courts
1. Bail, when
discretionary
Exception Supreme Court
Offense punishable
by
death
Court of
Reclusion perpetua Court of Sandiganbay
Tax
Appeals an
Appeals
Regional
Trial Upon Conviction
Courts
Municipal Municipal
Metropolita Municipal
Trial Circuit
n Trial Court Trial
Courts in Trial
Courts
Cities Courts
Where application for bail is
to be filed when bail is a
matter of discretion and after
conviction by the Regional
Trial Court
Provided it
has not
Despite transmitte
the filing d the
Filed and of a notice original
acted of appeal record to
upon by the
the trial appellate
court court
Applicati
on for
Change can only
the be filed
If the nature of
decision and
the resolved
of the offense
trial by the
from the appellate
convictin non- court
upon a
showing by
the accused the
shall be prosecution,
denied bail, with notice
If the
or his bail to the
penalty
shall be accused of
imposed by
cancelled the
the trial
following or
court is
other similar
imprisonmen
circumstanc
t exceeding
es:
six (6) years
He is a recidivist, quasi-recidivist, or
habitual delinquent, or has committed the
crime aggravated by the circumstance of
A
reiteration;
He has previously escaped from legal
confinement, evaded sentence, or
B violated the conditions of his bail
without valid justification;
He committed the offense while under
Cprobation, parole, or conditional
pardon;
E
There is undue risk that he may commit
another crime during the pendency of the
appeal.
SEC. 6. Capital offense
1
. Notify the prosecutor of the hearing or
require him to submit a recommendation
2. Conduct a hearing
3. Decide whether the evidence of guilt is
strong based on the summary of evidence of
the prosecution
4. If the guilt of the accused is not strong,
discharge the accused upon the approval of the
bail bond. If evidence of guilt is strong, the
petition should be denied.
EVIDENT PROOF
PRESUMPTION GREAT
Exceptions:
(a) If the judge of the court where the case is
pending is absent or unavailable, the application
may be filed with any RTC/MTC/MeTC/MCTC
judge in the province, city or municipality.
b) Where the accused is arrested in a
province, city/municipality other than where
the case is pending, the application may be
filed with any RTC of the said place. If no
judge is available, then with any
MeTC/MTC/MCTC judge in the said place.
Judge who accepted the application shall
forward it, together with the order of release
and other supporting papers where the case is
pending
If they fail to comply with these requisites, the court shall render
judgment against the bondsmen, jointly or severally, for the amount of the
bail.
If the bondsmen move for the mitigation of their liability, the court is not
required to reduce or otherwise mitigate the liability of the bondsmen unless
the accused has been surrendered or is acquitted.
Judgment against the bondsmen
cannot be entered unless such:
Preceded by an order of forfeiture.
An opportunity given to the
bondsmen to produce the accused.
To adduce satisfactory reason for
their inability to do so.
(Mendoza vs Alarma, 554 SCRA
42)
After forfeiture, the court may
issue a bench warrant for the
arrest of the accused if he failed to
appear in court despite of notice.
BENCH WARRANT- is defined as
a writ issued directly by a judge
to a law enforcement, for the
arrest of a person who has been
held in contempt, has disobeyed
a subpoena, or has to appear at
a trial or hearing. ( sec. 9 rule
71 of the rules of court). Magleo
vs De Juan Quinagoran A.M No.
RTJ- 12-2336, NOV 12, 2014
Sec 22 Cancellation of Bail; Remedy
1) Upon application of the bondsmen with due notice to the prosecutor.
Upon surrender of the accused.
Proof of his death.
2) Automatic cancellation
Acquittal of the accused,
Dismissal of the case
Execution of the judgment of conviction
Sec 23 Arrest of the accused out of bail
The bondsmen who put the bail bond for the accused become the jailers
and they or the police officer to whom authority is endorsed may arrest
the accused for the purpose of surrendering him to the court.
The accused cannot leave the country without the permission of the
bondsmen and the court.
The bondsmen may be relieved from the responsibility over the accused:
Arrest the principal and deliver him to the proper authorities.
They may cause the arrest of the accused to be made by any police officer or other
person of suitable age or discretion.
By endorsing the authority to arrest upon a certified copy of the undertaking and
delivering it to such officer or person.
Sec 24 No bail after final judgment
GENERAL RULE:
No bail shall be allowed after the judgment has
become final, as what is left is for him to serve the
sentence.
EXCEPTION:
When he has applied for probation before commencing
to serve sentence, the penalty and the offense being
with the purview of the probation law.
Sec 25 Court supervision of
detainees