RULE 114 –BAIL

- THE RIGHT TO BAIL IS A CONSTITUTIONAL RIGHT

- It springs from the presumption of innocence accorded every accused, hence shld not be
incarcerated at the outset since after trial, he might be acquitted unless his guilt is
established beyond reasonable doubt. The presumption of innocence is rooted in the
guarantee of due process and is safeguarded by the constitutional right to be released
on bail.
- to enable him to prepare his defense without being subjected to punishment prior to
conviction

NOTE: RIGHT TO BAIL may be waived as when accused had agreed to be held under legal
custody during the hearing or had chosen not to post bail bond.

CONSTITUTIONAL BASIS: ( Art III, sec 3, 1987 Phil Const’n)

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.

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. ( SEC 1)

WHO CAN AVAIL OF THE RIGHT TO BAIL?

- Only those persons who have either been arrested, detained, or other wise deprived of their
freedom will ever have occasion to seek the protective mantle extended by the right to bail. The
person seeking his provisional release under the auspices of bail need not even wait for a formal
complaint or information to be filed against him as it is available to "all persons” where the
offense is bailable. The rule is, of course, subject to the condition or limitation that the applicant
is in the custody of the law.

- an accused confined in a hospital, may be deemed to be in the custody of law if he clearly

communicates his submission to the court while confined in a hospital. ( Defensor-Santiago vs
Vasquez, 217 SCRA 633)

CUSTODY OF THE LAW - is required before the court can act upon the application for bail, but is
not required for the adjudication of other reliefs sought by the defendant where the mere
application therefor constitutes a waiver of the defense of lack of jurisdiction over the person of
the accused. Custody of the law is accomplished either by arrest or voluntary surrender,
Custody of the law is literally custody over the body of the accused. It includes, but is not
limited to, detention. ( Miranda vs Tullao)

-As bail is intended to obtain or secure one's provisional liberty, the same cannot be posted
before custody over him has been acquired by the judicial authorities, either by his lawful arrest
or voluntary surrender. As this Court has put it in a case "it would be incongruous to grant bail
to one who is free

RIGHT TO BAIL

A. WHEN A MATTER OF RIGHT

1. Before and after conviction by MetroTC, MTC, MCTC, MTCC

2. Before conviction by RTC of an offense not punishable by death, reclusion perpetua or

life imprisonment

3. Section 7, Rule 112 of the 1985 Rules of Criminal Procedure provides that a judge could
grant bail to a person lawfully arrested but without a warrant, upon waiver of his right
under Article 125 of the Revised Penal Code,

B. WHEN A MATTER OF DISCRETION

1. Upon conviction by the RTC of an offense not punishable by death, RP or life

imprisonment/During appeal;

-- 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. In our jurisdiction, the trend towards a strict attitude
towards the allowance of bail pending appeal is anchored on the principle that
judicial discretion particularly with respect to extending bail should be exercised not
with laxity but with caution and only for strong reasons In fact, it has even been
pointed out that grave caution that must attend the exercise of judicial discretion in
granting bail to a convicted accused is best illustrated and exemplified in
Administrative Circular No. 12-94 amending Rule 114, Section 5. ( Leviste vs CA, G.R.
No. 189122, 3-17-10)

C. WHEN APPLICATION AFTER CONVICTION BE DENIED:

1. If the penalty imposed is death, RP or life imprisonment, bail shld be denied since the
conviction indicates strong evidence of guilt based on proof beyond reasonable doubt.
 2. If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the
accused shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution,
with notice to the accused, of the following or other similar circumstances: (BAIL NEGATING
CIRCUMSTANCES)

(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the

crime aggravated by the circumstance of reiteration;

(b) That he has previously escaped from legal confinement, evaded sentence, or violated
the conditions of his bail without valid justification;

(c) That he committed the offense while under probation, parole, or conditional pardon;

(d) That the circumstances of his case indicate the probability of flight if released on bail;
or

(e) That there is undue risk that he may commit another crime during the pendency of
the appeal.

The appellate court may, motu proprio or on motion of any party, review the resolution of the
Regional Trial Court after notice to the adverse party in either case. (5a)

NOTE: Court cannot deny or cancel bail ex parte. The rule requires notice to the accused.

D. WHEN BAIL NOT ALLOWED

1. A person charged with an offense punishable by death, reclusion perpetua or life

imprisonment when evidence of guilt is strong regardless of the stage of the criminal
prosecution. ( sec. 7)

2. Bail shall not be allowed after a judgment of conviction has become final; ( sec. 24)

3. Bail shall not be allowed after the accused has commenced to serve sentence. ( sec 24)

4. The right to bail of an accused military personnel charged with a violation of the Articles
of War triable by a court-martial does not exist.

E. WHEN BAIL IS NOT REQUIRED

1. Bail not required when the law or the Rules of Court so provides. ( sec 16)

2. When a person has been in custody for a period equal to or more than the possible
maximum imprisonment prescribe for the offense charged, he shall be released
immediately, without prejudice to the continuation of the trial or the proceedings on
 appeal. If the maximum penalty to which the accused may be sentenced is destierro, he
shall be released after thirty (30) days of preventive imprisonment ( sec 16).

-A person in custody for a period equal to or more than the minimum of the principal
penalty prescribed for the offense charged, without application of the Indeterminate
Sentence Law or any modifying circumstance, shall be released on a reduced bail or on
his own recognizance, at the discretion of the court. ( sec 16)

3. In cases filed with MTC/MCTC for an offense punishable by imprisonment of less than
four (4) years, two (2) months and one (1) day if the judge is satisfied that there is no necessity
for placing the accused under custody, he may issue summons instead of a warrant of arrest.
( sec 9(b), Rule 112). Since no arrest is made, bail is not required.

4. If a person is charged with violation of municipal or city ordinance, a light felony

and/or a criminal offense punishable by not more than 6 months imprisonment and/or
fine of P2,000 or where it is established that he is unable to post the required cash or
bail bond ( subject to certain exceptions under sec 1 RA 6036)

READ : REPUBLIC Act No. 6036 - An act providing that Bail shall not, with certain exceptions, be
required in cases of violations of municipal or city ordinances and in criminal ogffenses when
the prescribed penalty for such offenses is higher than arresto mayor and/or fine of two
thousand pesos or both.

WHERE PETITION FOR BAIL FILED? ( SEC 17)

A. If bail a matter of right

(a) It may be filed with the court where the case is pending, or;

(b) in the absence or unavailability of the judge thereof, with any regional trial judge,
metropolitan trial judge, municipal trial judge, or municipal circuit trial judge in the
province, city, or municipality.

(c) If the accused is arrested in a 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.

B. If bail a matter of discretion

- 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.
 C. No complaint/info filed yet in court

-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.

D. After conviction by RTC

a) 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.

- if records already transmitted, then the application shall be filed with the said appellate court.
( sec 5)

b) 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. ( sec 5, R-114, sec 6 R-120)

NOTE: If the application for bail is granted, the accused may be allowed to continue on
provisional liberty during the pendency of the appeal under the same bail, subject to the
consent of the bondsman.

Section 2. Conditions of the bail; requirements. — All kinds of bail are subject to the following
conditions:

(a) The undertaking shall be effective upon approval, and unless cancelled, shall remain
in force at all stages of the case until promulgation of the judgment of the Regional Trial
Court, irrespective of whether the case was originally filed in or appealed to it;

(b) The accused shall appear before the proper court whenever required by the court of
these Rules;

(c) The failure of the accused to appear at the trial without justification and despite due
notice shall be deemed a waiver of his right to be present thereat. In such case, the trial
may proceed in absentia; and

(d) The bondsman shall surrender the accused to the court for execution of the final
judgment.

The original papers shall state the full name and address of the accused, the amount of the
undertaking and the conditions herein required. Photographs (passport size) taken within the
last six (6) months showing the face, left and right profiles of the

Duties of the judge once an application for bail is filed:

 1. In all cases whether bail is a matter of right or discretion, notify the prosecutor of the
hearing of the application for bail or require him to submit his recommendation (Section
18, Rule 114 of the Revised Rules of Court, as amended);

2. Where bail is a matter of discretion, conduct a hearing of the application for bail
regardless or whether or not the prosecution refuses to present evidence to show that
the guilt of the accused is strong for the purpose of enabling the court to exercise its
sound discretion (Sections 7 and 8, id);

3. Decide whether the guilt of the accused 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 (Section 19, id); otherwise, the petition should be denied. ( Cortes vs Catral)

NOTE: When bail is a matter of discretion, a summary hearing is mandatory. A summary

hearing is defined as “ such brief and speedy method of receiving and considering the evidence
of guilt as is practicable and consistent with the purpose of hearing which is merely to determine
the weight of evidence for the purposes of bail. “

GUIDELINES IN FIXING THE AMOUNT OF BAIL. ( sec 9) — The judge who issued the warrant or
granted the application shall fix a reasonable amount of bail considering primarily, but not
limited to, the following factors:

(a) Financial ability of the accused to give bail;

(b) Nature and circumstances of the offense;

(c) Penalty for the offense charged;

(d) Character and reputation of the accused;

(e) Age and health of the accused;

(f) Weight of the evidence against the accused;

(g) Probability of the accused appearing at the trial;

(h) Forfeiture of other bail;

(i) The fact that accused was a fugitive from justice when arrested; and

(j) Pendency of other cases where the accused is on bail.

EXCESSIVE BAIL shall not be required. (9a)-otherwise right would become nugatory or
meaningless.

NOTE: In fixing bail, the amount should be high enough to assure the presence of the accused
when required but no higher that is reasonably calculated to fulfill this purpose. Another
principle to consider is the good of the public as well as the rights of the accused.

: accused may move for reduction of bail;

: The order fixing the amount of bail is not appealable

BAIL BOND – A contract and the rights, duties and liabilities of bondsmen and sureties depend
on the provisions of the contract and by general principles of contract.

DURATION: The undertaking shall be effective upon approval, and unless cancelled, shall remain
in force at all stages of the case until promulgation of the judgment of the Regional Trial Court,
irrespective of whether the case was originally filed in or appealed to it; ( sec21)

-the term or period of a bail bond lasts until the trial court has promulgated its decision either
for acquittal or convicton and the surrender of the accused to serve his sentence or the
perfection of appeal.

KINDS OF BAIL BOND

1. Corporate surety. — bail furnished by a corporation. 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. (sec 10)

-the term of the bailbond is not dependent upon faithful payment of bond premium.
The non-payment of the premium by the accused as agreed between the surety and the
accused does not give the former the right to rescind the bond, as the same continues
until its conditions required by the Rules, which are deemed read into the bond as a
contract are fulfilled.

2. Property bond, how posted. — A property bond 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. ( SEC 11)

3. Cash deposit. — 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. (14a)

4. Recognizance. — 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 during 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. (15a)

Under Rule 114, 15 of the Rules of Court, the release on recognizance of any person
under detention may be ordered only by a court and only in the following cases:

(a) when the offense charged is for violation of an ordinance, a light felony, or a criminal
offense, the imposable penalty for which does not exceed 6 months imprisonment
and/or P2,000 fine, under the circumstances provided in R.A. No. 6036;

(b) where a person has been in custody for a period equal to or more than the minimum
of the imposable principal penalty, without application of the Indeterminate Sentence
Law or any modifying circumstance, in which case the court, in its discretion, may allow
his release on his own recognizance;

(c) where the accused has applied for probation, pending resolution of the case but no
bail was filed or the accused is incapable of filing one; and

(d) in case of a youthful offender held for physical and mental examination, trial, or
appeal, if he is unable to furnish bail and under the circumstances envisaged in P.D. No.
603, as amended (Art. 191

(e) In summary procedure, when the accused has been arrested for failure to appear
when required. His release shall be either on bail or recognizance by a responsible
citizen acceptable to the court. ( sec 16, Revised Rule on summary procedure)
READ: R.A. NO. 10389 or Recognizance Act of 2012

Recognizance Defined. – Recognizance is a mode of securing the release of any person in

custody or detention for the commission of an offense who is unable to post bail due to abject
poverty. The court where the case of such person has been filed shall allow the release of the
accused on recognizance as provided herein, to the custody of a qualified member of the
barangay, city or municipality where the accused resides.

WHEN BOND MAY BE FORFEITED?

- When the presence of the accused is required by the court or these Rules, his bondsmen shall
be notified to produce him before the court on a given date and time. If the accused fails to
appear in person as required, his bail shall be declared forfeited and the bondsmen given thirty
(30) days within which to produce their principal and to show cause why no judgment should be
rendered against them for the amount of their bail. Within the said period, the bondsmen must:

(a) produce the body of their principal or give the reason for his non-production; and

(b) explain why the accused did not appear before the court when first required to do
so.

Failing in these two requisites, a judgment shall be rendered against the bondsmen, jointly and
severally, for the amount of the bail. The court shall not reduce or otherwise mitigate the
liability of the bondsmen, unless the accused has been surrendered or is acquitted. (21a)

WHEN BAIL MAY BE CANCELLED?

a) Upon application of the bondsmen, with due notice to the prosecutor, the bail may be
cancelled upon surrender of the accused or proof of his death.
b) The bail shall be deemed automatically cancelled upon acquittal of the accused,
dismissal of the case, or execution of the judgment of conviction.

In all instances, the cancellation shall be without prejudice to any liability on the bond. (22a)

REMEDY WHEN BAIL IS DENIED

- The remedy from the order of the court denying an application for bail is to file a Petition
for certiorari if the trial court committed a grave abuse of discretion amounting to lack or
excess of jurisdiction in issuing said order. –Certiorari is the remedy to annul the order of
the court denying the petition for bail. Mandamus may at the same time be availed of to
compel the grant of bail which is a matter of right.

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.

- 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. (23a)

IS THE RIGHT TO BAIL LIMITED IN CRIMINAL PROCEEDINGS?

- Philippine jurisprudence has not limited the exercise of the right to bail to criminal
proceedings only. This Court has admitted to bail persons who are not involved in criminal
proceedings. In fact, bail has been allowed in this jurisdiction to persons in detention during
the pendency of administrative proceedings, taking into cognizance the obligation of the
Philippines under international conventions to uphold human rights.

e.g.

1) foreign nationals against whom no formal criminal charges have been filed may be released
on bail pending the finality of an order of deportation.

2) a prospective extraditee may also apply for bail in the light of the various treaty obligations of
the Philippines concerning respect for the promotion and protection of human rights. Under
these treaties, the presumption lies in favor of human liberty. Thus, the Philippines should see
to it that the right to liberty of every individual is not impaired.

-The modern trend in public international law is the primacy placed on the worth of the
individual person and the sanctity of human rights.

- a potential extradite may be subjected to arrest, prolonged restraint of liberty & forced to
transfer to the demanding state following the proceedings.

- The standard of proof required in granting or denying bail is the presence of clear and
convincing evidence that he is not a flight risk and will abide with all the orders and processes of
the extradition court.

BAIL IN THE MILITARY

- the right to bail invoked by the private respondents in G.R. Nos. 95020 has traditionally not
been recognized and is not available in the military, as an exception to the general rule
embodied in the Bill of Rights. This much was suggested in Arula, where we observed that "the
right to a speedy trial is given more emphasis in the military where the right to bail does not
exist.
GENERAL RULE: No person charged with a capital offense, or an offense punishable by reclusion
perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong,
regardless of the stage of the criminal prosecution. (sec7)

BURDEN OF PROOF IN BAIL APPLICATION. —the prosecution has the burden of showing that
evidence of guilt is strong. The evidence presented during the bail hearing shall be considered
automatically reproduced at the trial, but upon motion of either party, the court may recall any
witness for additional examination unless the latter is dead, outside the Philippines, or
otherwise unable to testify. (8a)

IS MURDER BAILABLE?

-YES. It is a misconception that when an accused is charged with the crime of murder, he
is not entitled to bail at all or that the crime of murder is non-bailable. The grant of bail to
an accused charged with an offense that carries with it the penalty of reclusion perpetua x
x x is discretionary on the part of the trial court. In other words, accused is still entitled to
bail but no longer "as a matter of right." Instead, it is discretionary and calls for a judicial
determination that the evidence of guilt is not strong in order to grant bail. The
prosecution is accorded ample opportunity to present evidence because by the very nature
of deciding applications for bail, it is on the basis of such evidence that judicial discretion
is weighed in determining whether the guilt of the accused is strong. ( Andres vs Beltran,
415 Phil. 598 (2001).

BAIL TO GUARANTEE APPEARANCE OF WITNESS

- when prior custody of law is not required

1) When the court is satisfied, upon proof or oath that a material witness will not testify when
required, it may, upon motion of either party, order the witness to post bail in such sum as may
be deemed proper. If he refuses to post bail, the court shall commit him to prison until he
complies or is legally discharged after his testimony has been taken. ( sec 14, R-119)

2) Bail may also be required of witnesses when there is substitution of a criminal information.

- if it appears at any time before judgment that a mistake has been made in charging the proper
offense, the court shall dismiss the original complaint or info upon the filing of a new one
charging the proper offense as long as the accused is not placed on double jeopardy. The court
may require the witnesses to give bail for their appearance at the trial. ( sec. 14)

NOTE: COURT cannot require the arraignment of the accused first before grant of bail.

BENCH WARRANT – a writ issued directly by a judge to a law enforcement officer for the arrest
of a person who has been held in contempt, has disobeyed a subpoena, or has to appear at a
hearing or trial. Under sec 9, rule 71, when a person released on bail fails to appear on the day
fixed for the hearing, the court may issue another order of arrest or may order the bond for his
appearance be forfeited and confiscated, or both.

Bail not a bar to objections on illegal arrest, lack of or irregular preliminary investigation. — An
application for or admission to bail shall not bar the accused from challenging the validity of his
arrest or the legality of the warrant issued therefor, or from assailing the regularity or
questioning the absence of a preliminary investigation of the charge against him, provided that
he raises them before entering his plea. The court shall resolve the matter as early as
practicable but not later than the start of the trial of the case. (Section 26)

BAIL PENDING APPEAL/BAIL AFTER CONVICTION

- if the court imposed a penalty of imprisonment exceeding six (6) years then bail
is a matter of discretion, except when any of the enumerated circumstances
under paragraph 3 of Section 5, Rule 114 is present then bail shall be denied.

In the first situation, bail is a matter of sound judicial discretion. This means that, if none
of the circumstances mentioned in the third paragraph of Section 5, Rule 114 is present,
the appellate court has the discretion to grant or deny bail. An application for bail
pending appeal may be denied even if the bail-negating circumstances in the third
paragraph of Section 5, Rule 114 are absent. In other words, the appellate court’s denial
of bail pending appeal where none of the said circumstances exists does not, by and of
itself, constitute abuse of discretion.

- In the exercise of that discretion, the proper courts are to be guided by the fundamental
principle that the allowance of bail pending appeal should be exercised not with laxity
but with grave caution and only for strong reasons, considering that the accused has
been in fact convicted by the trial court.

The judicial discretion granted to the proper court (the Court of Appeals in this case) to rule on
applications for bail pending appeal must necessarily involve the exercise of judgment on the
part of the court. Grant of bail must be guided by a stringent-standards approach.

a) More stringent discretion approach – to carefully ascertain whether any of the enumerated
circumstances under par 3, sec 5 of R-114 in fact exists

B) Less stringent sound Judicial Approach – to be exercised by the judge if none of the bail
negating circumstance is present
Hence, under the rules, similarly relevant situations other than those listed in the third paragraph
of Section 5, Rule 114 may be considered in the allowance, denial or revocation of bail pending
appeal.

In view of the grave caution required of it, the court should consider

1. whether or not, under all circumstances, the accused will be present to abide by his
punishment if his conviction is affirmed.
2. It should also give due regard to any other pertinent matters beyond the record of the
particular case, such as the record, character and reputation of the applicant.

3. More importantly, the discretion to determine allowance or disallowance of bail pending

appeal necessarily includes, at the very least, an initial determination that the appeal is
not frivolous but raises a substantial question of law or fact which must be determined by
the appellate court. In other words, a threshold requirement for the grant of bail is a
showing that the appeal is not pro forma and merely intended for delay but presents a
fairly debatable issue.

Otherwise, appellate courts will be deluged with frivolous and time-wasting appeals made for
the purpose of taking advantage of a lenient attitude on bail pending appeal. Even more
significantly, this comports with the very strong presumption on appeal that the lower courts
exercise of discretionary power was sound,1[36] specially since the rules on criminal procedure
require that no judgment shall be reversed or modified by the Court of Appeals except for
substantial error

OTHER RELEVANT JURISPRUDENCE:

1. Bail posted by the accused cannot be cancelled because of the failure of his counsel to
appear during the scheduled hearing. ( Andres v Beltran, 8-10-01)
2. When bail is a matter of right, bail cannot be denied notwithstanding the fact that accused
previously jumped bail. Remedy of court is to increase the amount of bail or set certain
conditions to ensure complainant’s presence during the trial. ( San Miguel v Maceda, AM No.
RTJ-o3-1749, 4-4-07)

3. When accused is charged with murder, but evidence shows that he can possibly be
convicted only with homicide due to the absence of treachery, the application for bail pending
trial shall be granted. A mandatory summary hearing merely to determine whether respondent
was entitled to bail would have been unnecessary as the evidence in chief was already presented
by the prosecution. ( PP v Bucalon, 10-2-09, GR 176933)

4. Making arraignment as a pre-requisite to the grant of bail is void. But although the
condition for the grant of bail to petitioner is invalid, his arraignment and the subsequent
proceedings against him are valid. ( Lavides v CA, 2-1-00, GR 129670)

1
 5. The “evidence of guilt is strong” standard should be applied in relation to the crime as
charged. The RTC should have determined whether the evidence of guilt is strong for murder, as
opposed to simply determining if the evidence that he was responsible for Carlosita’s death was
strong. If the evidence presented by the prosecution could, at most, convict him only of
homicide, and not of murder, the court should grant petitioner’s Motion to fix bail. ( Recto v PP,
GR 236461, 12--5-18)

6. That the prosecution did not oppose the grant of bail to Ancheta, as in fact it recommended
bail, and that the prosecution did not want to adduce evidence were irrelevant, and did not
dispense with the bail hearing. It is still mandatory for the judge to conduct bail hearing in which
he could have made on his own searching and clarificatory questions from which to infer the
strength or weakness of the evidence of guilt. ( Gacal v Infante, 10-5-11, AM RTJ-04-1845)

7. 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 continuous incarceration is
clearly shown to be injurious to his health or endanger his life. Indeed, denying him bail despite
imperiling his health and life would not serve the objective of preventive incarceration during the
trial. ( enrile v Sandiganbayan, 8-18-15, GR 213847)