2S 2011-2012 with Anjo David’s notes Criminal Procedure 1

BAIL 3. To ENABLE him to prepare his defense without

being subjected to punishment prior conviction.
Rule 114
------------------------------------------------------------------------------
Section 1. Bail defined. — Bail is the security given for NOTE: bail is available only to “person/s in custody of
the release of a person in custody of the law, the law”  a person who has been arrested or
furnished by him or a bondsman, to guarantee his deprived of his liberty or who has voluntarily
appearance before any court as required under the submitted himself to the jurisdiction of the court by
conditions hereinafter specified. Bail may be given in surrendering to the proper authorities. Custody may
the form of corporate surety, property bond, cash either be actual/physical or constructive.
deposit, or recognizance. (1a)
------------------------------------------------------------------------------ Q: Is bail a constitutional or statutory right?
Definition of bail
It is the security given for the release of a person in A: CONSTITUTIONAL –
the custody of the law furnished by him or a “All persons, except those charged with offenses
bondsman, conditioned upon his appearance before punishable by reclusion perpetua when evidence of
any court as required under the conditions specified guilt is strong, shall, before conviction, be bailable by
by the rule. sufficient sureties, or be released on recognizance as
may be provided by law. The right to bail shall not be
Right to bail flows from the PRESUMPTION OF impaired even when the privilege of the writ of
INNOCENCE in favor of every accused who should habeas corpus is suspended. Excessive bail shall not
not be subjected to the loss of freedom be required.” (SEC 13, ART III, 1987 Constitution)

Right to bail ONLY ACCRUES when a person is Q: Is right to bail applicable to cases filed in the
arrested or deprived of his liberty and presupposes military courts?
that the accused is under LEGAL CUSTODY.
A: NO – in Commendador vs De Villa the accused
SURETY or BAILOR who will apply for bail and be released could exert
The person in whose custody the defendant is placed influence over his subordinates who may be part of
when released from jail; or may also refer to the the military tribunal or may serve as witnesses
surety for the appearance of the defendant under against him.
arrest. Once obligation of bail is assumed, he
becomes in law the jailer of the accused and is RIGHT TO BAIL IN EXTRADITION
subrogated to all rights and means which the - An extradition although not a criminal proceeding
government possesses to make his control of him by its nature still entails a deprivation of liberty on
effective. He may not be compelled to act as a bailor the part of the potential extraditee and the means
for a longer time than what he wished. employed to attain the purpose of extradition is
also a machinery of criminal law.
PRINCIPAL – person released on bail - Potential extraditee may be subjected to arrest,
to a prolonged restraint of liberty, and forced to
PURPOSES OF BAIL: transfer to the demanding State following the
1. To RELIEVE an accused from the rigors of proceedings.
imprisonment until his conviction or acquittal and
yet secure his appearance at the trial. REQUISITES:
2. To HONOR the presumption of innocence until 1. Applicant will not be a flight risk or a
his guilt is proven beyond reasonable doubt. danger to the community;

Introduction and Rule 110 DAVID, Jose Angelo. Rule 111 PASICOLAN, Sheila. Rule 112 and 113 REY, Floyd Ericson. Rule 114 ALIGA, Gwyneth and
RAMOS, Marinel. REFERENCES: Bautista, Herrera, Pamaran, Sabio Reviewer, San Beda Law BarOps and UP Law BarOps Memory Aid and Lakas
Atenista Reviewer. Please notify the author/s concerned for corrections, suggestions and comments.
 2S 2011-2012 with Anjo David’s notes Criminal Procedure 2

2. There exist a special humanitarian and - SIGNATURE of the accused is NOT

compelling circumstances; required as an indispensable condition for
3. And he will abide with all the orders and the validity of the undertaking under
processes of extradition. recognizance EXCEPT when he himself is
the recognizer.
TEMPORARY DETENTION – may be a necessary 3. CORPORATE SURETY – issued by a
step in the process of extradition, but the length of professional bondsman, that is, one who is
time of the detention should be reasonable. habitually engaged in the business of
- prospective extraditee thus bears the onus probandi furnishing bonds in civil actions or for
of showing that he or she is not a flight risk and persons arrested or detained for prosecution.
should not be granted bail. 4. PROPERTY BOND – an undertaking
constituted as a lien on the real property
* If bail can be granted in deportation cases, there is given as security for the amount of the bail.
no justification why it should not also be allowed in
extradition cases. HYPO: Anjo, the accused filed an application for bail.
The judge rendered judgment allowing him to post
- Since extradition proceeding is in the nature of a 15,000 in Philippine currency. Is the judgment valid?
SUI GENERIS, the standard of proof required in
granting and denying bail, according to Chief Justice Suggested Answer:
Puno should be CLEAR AND CONVINCING No, it is not valid. A judge cannot specify the kind of
EVIDENCE (lower than proof beyond reasonable bail.
doubt; but higher than mere preponderance of
evidence). NOTE: PROSECUTION WITNESSES may also be
required to post bail to ENSURE their APPEARANCE
BAIL IN DEPORTATION PROCEEDINGS at the trial of the case where:
- it is wholly DISCRETIONARY o There is a substitution of information (Sec. 4,
- Generally, NOT ALLOWED in deportation Rule 110); or
proceedings since they do not constitute o The court believes that a material witness
criminal action. may not appear at trial (Sec. 4, Rule 119)

FORMS OF BAIL HEARING IS REQUIRED IN GRANT OF BAIL

1. CASH BAIL BOND – is a sum of money in WHETHER A MATTER OF RIGHT (MOD) or A
the amount designated in an order fixing bail, MATTER OF DISCRETION (MOD)
posted by the defendant or by another
person on his behalf with a court or other DUTIES OF THE JUDGE:
authorized public officer upon condition that 1. In all cases (bail is either MOR or MOD
such money shall be forfeited if the regardless of w/n charge has already been
defendant does not comply with the directive filed ), to notify the prosecutor of the hearing
of a court requiring his attendance at the of the application of bail or require him to
criminal action or proceeding involved and submit his recommendation (Sec. 18, Rule
does not otherwise render himself amenable 114)
to the orders and processes of the court. 2. If bail is MOD  to conduct a hearing of the
2. RECOGNIZANCE – is a contract between application for bail.
the sureties and the State for the production o Regardless of whether or not the
of the principal at the required time. prosecution refuses to present
- an obligation of RECORD evidence to show that the guilt of the
accused is strong for the purpose of

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enabling the court to exercise its (d) The bondsman shall surrender the accused to the
sound discretion (Sec. 7 and 8, Rule court for execution of the final judgment.
114)
3. Decide whether the guilt of the accused is The original papers shall state the full name and
address of the accused, the amount of the
strong based on the SUMMARY OF
undertaking and the conditions herein required.
EVIDENCE of the prosecution Photographs (passport size) taken within the last six
4. If the guilt of the accused is not strong, (6) months showing the face, left and right profiles of
discharge the accused upon the approval of the accused must be attached to the bail. (2a)
the bail bond (Sec 19, Rule 114); otherwise, ------------------------------------------------------------------------------
petition should be denied
CONDITIONS OF BAIL
REQUIRING ARRAIGNMENT BEFORE GRANT OF (exclusive – applied ex prio vigore)
BAIL, NOT VALID 1. The undertaking shall be effective upon
- It is a mistaken theory for the court to first require approval, and unless cancelled, shall remain
arraignment before the grant of bail where it is in force at all stages of the case until
authorized promulgation of the judgment of the RTC,
REASONS: irrespective of whether the case was
1. The trial court could ensure the presence of the originally filed in or appealed to it;
accused at the arraignment precisely by granting 2. The accused shall appear before the proper
bail and ordering his presence at any stage of the court whenever required by the court or
proceedings such as arraignment (Sec. 2(b), these Rules;
Rule 114); and 3. The failure of the accused to appear at the
2. The accused would be placed in a position where trial without justification and despite due
he has to choose between filing a MOTION TO notice shall be deemed a waiver of his right
QUASH and thus delay his release on bail, and to be present thereat. In such case, the trial
foregoing the filing of a motion to quash so that may proceed in absentia; and
he can be arraigned at once and thereafter be 4. The bondsman shall surrender the accused
released on bail. to the court for execution of the final
judgment.
CONDITIONS OF THE BAIL; REQUIREMENTS
------------------------------------------------------------------------------ NOTE: CONDITION No. 2 is a VALID restriction on
Section 2. Conditions of the bail; requirements. — All the accused’s RIGHT TO TRAVEL. An accused who
kinds of bail are subject to the following conditions:
posted bail is, generally, prohibited from leaving the
(a) The undertaking shall be effective upon approval,
country. However, a person out on bail may file a
and unless cancelled, shall remain in force at all petition to travel, reason out that he has intention to
stages of the case until promulgation of the judgment return an dpost a travel bond. (Marcos v. CA)
of the Regional Trial Court, irrespective of whether the
case was originally filed in or appealed to it; CONTENTS OF THE APPLICATION (ORIGINAL
PAPERS)
(b) The accused shall appear before the proper court 1. Full name and address of the accused
whenever required by the court of these Rules; 2. The amount of the undertaking
3. Conditions required by this section
(c) The failure of the accused to appear at the trial 4. Photographs (passport size) taken within the
without justification and despite due notice shall be
last six (6) months showing the face, left and
deemed a waiver of his right to be present thereat. In
such case, the trial may proceed in absentia; and
right profiles of the accused, must be
attached to the bail.

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* SURETY’S LIABILITY covers all these three (3) General Rule: TRIAL IN ABSENTIA – provided that
stages (but not his appearance in the appellate there is a previous VALID NOTICE + failure to appear
court): without justifiable cause (WAIVER OF
1. trial APPEARANCE)
2. promulgation - Accused is still entitled to notice of
3. execution of sentence SUBSEQUENT hearings
- and has a RIGHT to be REPRESENTED BY HIS
Two types of appeal contemplated here: LAWYER (applicable only in cases where the
a. From MTC to RTC: no need for a new bail bond if accused has been arraigned)  waiver of
accused appeals. appearance ≠ right to counsel
b. From RTC to Court of Appeals: accused must Exception: There can be no trial in absentia
post new bail bond. during:
- if the accused presents his notice of appeal, - arraignment
the trial court will order the accused to ne taken - it necessary to identify him
into the custody in the absence of a NEW BAIL - promulgation of judgment
BOND on appeal duly approved by the court.
- if the accused does not appeal, the bondsman NO RELEASE OR TRANSFER EXCEPT ON
must produce the accused on the 15th day from COURT ORDER OR BAIL
the promulgation of sentence for its service. ------------------------------------------------------------------------------
Section 3. No release or transfer except on court order
NOTE: NO ADDITIONAL CONDITIONS CAN BE or bail. — No person under detention by legal process
IMPOSED shall be released or transferred except upon order of
the court or when he is admitted to bail. (3a)
------------------------------------------------------------------------------
- The trial court MAY impose other conditions
- No person under detention by legal process shall
in granting bail where the likelihood of the
be released or transferred EXCEPT upon the
accused jumping bail or of committing other
order of the court or when he is admitted to bail.
harm to the citizenry is feared
- The court could NOT however impose as
- Court may NOT imposed additional
condition for bail the arraignment of the accused.
obligations upon the BONDSMAN than those
provided by law.
Three Concepts of Bail:
o It cannot be greater than nor
A. Bail as a Matter of Right (Section 4)
different that those imposed upon
B. Bail as a Matter of Discretion (Section 5)
the accused.
C. Bail is Not Available (Section 6)
GENERAL RULE: Bail is therefore good only up
BAIL, A MATTER OF RIGHT (MOR); EXCEPTION
to promulgation of judgment of the RTC whether ------------------------------------------------------------------------------
or not the case was originally filed (or appealed) Section 4. Bail, a matter of right; exception. — All
to it. persons in custody shall be admitted to bail as a
EXCEPTION: if at any time during the pendency of matter of right, with sufficient sureties, or released on
the case it appears to the court that the bail posted recognize as prescribed by law or this Rule (a) before
for the release of the accused has been IMPAIRED -- or after conviction by the Metropolitan Trial Court,
- as when the property bondsman has been judicially Municipal Trial Court, Municipal Trial Court in Cities,
adjudged as a mere usurper of the realty offered as or Municipal Circuit Trial Court, and (b) before
security – the court may order an EARLY conviction by the Regional Trial Court of an offense
TERMINATION of the bail. not punishable by death, reclusion perpetua, or life
imprisonment. (4a)
------------------------------------------------------------------------------
Bail as a Matter of Right (MOR)

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1. BEFORE AND AFTER conviction by the wanted; such amount to be subject of course, to the
INFERIOR courts; and proviso that “excessive bail shall not be required”
2. BEFORE conviction by the RTC of an offense not
punishable by death, reclusion perpetua or life SUMMARY OF THE EVIDENCE FOR THE
imprisonment. PROSECUTION
3. BEFORE conviction by the RTC of an offense - The court’s order granting or refusing bail must
punishable by death, reclusion perpetua or life contain a summary of evidence for the
imprisonment when the evidence of guilt is not prosecution – otherwise, the order granting or
strong. denying bail may be invalidated because the
SUMMARY OF EVIDENCE which contains the
- in instances where bail is a MOR and the bail to be judges evaluation of the evidence may be
granted is based in the recommendation of the considered as an aspect of PROCEDURAL DUE
prosecution as stated in the information, a HEARING PROCESS for both the prosecution and the
is NOT necessary. defense.

But where there is REDUCTION of bail, as WHEN BAIL IS DISCRETIONARY (MOD)

recommended by or after conviction by the RTC, of ------------------------------------------------------------------------------
an offense NOT punishable by D/RP/I, THERE MUST Section 5. Bail, when discretionary. — Upon
BE A HEARING before a bail is granted in order to conviction by the Regional Trial Court of an offense
afford the prosecution the chance to oppose it. not punishable by death, reclusion perpetua, or life
imprisonment, admission to bail is discretionary. The
- the prosecution cannot adduce evidence for the
application for bail may be filed and acted upon by the
denial of bail where it is a MOR. However, where the trial court despite the filing of a notice of appeal,
grant of bail is MOD, the prosecution may show provided it has not transmitted the original record to
proof to deny the bail. the appellate court. However, if the decision of the
trial court convicting the accused changed the nature
NOTICE OF HEARING REQUIRED of the offense from non-bailable to bailable, the
- Whether the bail is MOR or MOD, reasonable application for bail can only be filed with and resolved
notice of hearing is required to be given to the by the appellate court.
prosecutor or at least he must be asked for
his recommendation Should the court grant the application, the accused
NOTE: hearing is NOT REQUIRED if bail is may be allowed to continue on provisional liberty
recommended by prosecution and it is a MOR. during the pendency of the appeal under the same bail
subject to the consent of the bondsman.
PURPOSE OF RECOMMENDATION: the judge is
If the penalty imposed by the trial court is
required to look into a number of factors in fixing the imprisonment exceeding six (6) years, the accused
amount of bail. shall be denied bail, or his bail shall be cancelled
upon a showing by the prosecution, with notice to the
RIGHT TO BAIL AFTER ABSCONDING accused, of the following or other similar
- “Jumping-bail” does no operate as forfeiture circumstances:
of his right to temporary liberty.
- High degree of probability that the defendant will (a) That he is a recidivist, quasi-recidivist, or habitual
abscond confers upon the court NO GREATER delinquent, or has committed the crime aggravated by
DISCRETION than to INCREASE THE BOND. the circumstance of reiteration;

To such amount as would reasonably tend to (b) That he has previously escaped from legal
ASSURE the presence of the defendant when it is confinement, evaded sentence, or violated the
conditions of his bail without valid justification;

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(c) That he committed the offense while under WHEN BAIL MAY BE DENIED OR
probation, parole, or conditional pardon; AUTOMATICALLY CANCELLED
1. If the penalty imposed by the trial court EXCEEDS
(d) That the circumstances of his case indicate the SIX (6) YEARS of imprisonment, and
probability of flight if released on bail; or 2. When upon showing by the prosecution with notice
to the accused of the following and other similar
(e) That there is undue risk that he may commit reasons:
another crime during the pendency of the appeal.
a. Recidivism, quasi-recidivism, or habitual
delinquency or commission of crime aggravated
The appellate court may, motu proprio or on motion of
any party, review the resolution of the Regional Trial by the circumstance of reiteracion;
Court after notice to the adverse party in either case. b. Previous escape from legal confinement, evasion
(5a) of sentence, or violation of the conditions of bail
without valid justification;
1. UPON CONVICTION by the RTC of an offense c. Commission of an offense while on probation,
NOT punishable by D/RP/I (Sec. 5, Rule 114) parole, or under conditional pardon;
* WHERE TO FILE BAIL: d. Circumstance of the accused or his case indicated
- with the TRIAL COURT despite the filing of a the probability of flight if released on bail;
notice of appeal PROVIDED IT HAS NOT e. Undue risk of commission of another crime by the
TRANSMITTED THE ORIGINAL RECORD to accused during pendency of appeal.
the appellate court;
CAPITAL OFFENSE
2. AFTER CONVICTION by the RTC wherein a ------------------------------------------------------------------------------
Section 6. Capital offense defined. — A capital offense
penalty of imprisonment EXCEEDING SIX (6)
is an offense which, under the law existing at the time
YEARS BUT NOT MORE THAN TWENTY (20) of its commission and of the application for admission
YEARS is imposed, and NOT one of the to bail, may be punished with death. (6a)
circumstances below is present or proved ------------------------------------------------------------------------------
(Sec. 5, Rule, 114)
a. Recidivism, quasi-recidivism, or habitual CAPITAL OFFENSE – refers to an offense which,
delinquency or commission of crime aggravated under the law existing at the time of its commission
by the circumstance of reiteracion; AND at the time of the application to be committed to
b. Previous escape from legal confinement, evasion bail, may be punished with DEATH.
of sentence, or violation of the conditions of bail NOTE: WHEN IS A CRIME NOT A CAPITAL
without valid justification; OFFNSE WITHIN THE MEANING OF THE RULE –
c. Commission of an offense while on probation, A. If the offense is punishable with D/RP/I at the
parole, or under conditional pardon; TIME OF THE COMMISSION but NO LONGER
d. Circumstance of the accused or his case indicated so at the TIME OF THE APPLICATION for bail
the probability of flight if released on bail; (reason: it could have a RETROACTIVE
e. Undue risk of commission of another crime by the effect – favorable to the accused)
accused during pendency of appeal. OR
B. If the offense was NOT YET PUNISHABLE
3. If the decision of the RTC convicting the with death when the CRIME WAS
accused CHANGED THE NATURE OF THE COMMITTED but already so PUNISHABLE
OFFENSE FROM NON-BAILABLE TO AT THE TIME ADMISSION TO BAIL WAS
BAILABLE APPLIED for (reason: prohibition against
* WHERE TO FILE BAIL: with the APPELLATE EX POST FACTO LAW)
COURT Instances where bail is not available:

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a. Crime is punishable by D/ RP/ LI and the

evidence of guilt is strong RA No. 9344
b. If the accused is convicted in all probability - Suspends sentence of persons convicted of
the penalty will also be D/RP/ LI (Bravo, Jr v. an offense while they were BELOW 18
Borja) YEARS of age and for minors aged OVER
Points to remember from the case of Bravo, Jr. v. 15 but BELOW 17 YEARS, 11 MONTHS,
Borja: and 29 DAYS and MUST HAVE ACTED
a. Evidence of any modifying circumstances WITH DISCERNMENT – otherwise, they
must not be presented in the motion for bail. have NO criminal liability.
Such must be presented during trial. - For those committed by minors BELOW 15
b. However, despite the fact that it should be YEARS of age – NO CRIMINAL LIABILITY
presented, if it is alleged and presented there – only CIVIL liability.
and the prosecution did not dispute it, the = hence, youthful offenders are not put in jail by
court should consider it just the same police authorities upon their arrest for the reason
c. Even if the accused is charged with a crime that if in conviction they are not committed how
punishable by D/RP/LI and the evidence of much more when they are not tried, much less
guilt is strong if the probable imposable investigation.
penalty is less than perpetua, bail becomes a
matter of right. BURDEN OF PROOF IN BAIL APPLICATION

CAPITAL OFFENSE NOT BAILABLE ------------------------------------------------------------------------------

------------------------------------------------------------------------------ Section 8. Burden of proof in bail application. — At the
Section 7. Capital offense of an offense punishable by hearing of an application for bail filed by a person who
reclusion perpetua or life imprisonment, not bailable. is in custody for the commission of an offense
— No person charged with a capital offense, or an punishable by death, reclusion perpetua, or life
offense punishable by reclusion perpetua or life imprisonment, the prosecution has the burden of
imprisonment, shall be admitted to bail when evidence showing that evidence of guilt is strong. The evidence
of guilt is strong, regardless of the stage of the presented during the bail hearing shall be considered
criminal prosecution. (7a) 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,
GENERAL RULE: capital offense or those outside the Philippines, or otherwise unable to testify.
punishable by D/RP/I are NOT bailable when (8a)
------------------------------------------------------------------------------
EVIDENCE OF GUILT IS STRONG
- If evidence of guilt is WEAK  it becomes
BAILABLE HEARING ON THE EVIDENCE REQUIRED
- EXCEPT: if there’s a great probability of It should be SUMMARY or otherwise in the
ESCAPE DISCRETION OF COURT
NOTE: RA No. 9346 – abolished death
penalty; hence, no more capital offense The court is NOT OBLIGED to conduct a SEPARATE
proceeding to determine the right of the accused to
EXCEPTION: if the accused charged with a capital be admitted to bail.
offense is a MINOR
- For purposes of recommending the amount Note: It is the duty of the judge to conduct a hearing.
of bail, the PRIVILEGED MITIGATING The fact that the prosecutor interposed no objection
CIRCUMSTANCE of MINORITY shall be or agrees to the application for bail by the accused
considered (Sec. 34 of RA No. 9344 or the does not relieve a judge of the duty to set the motion
Juvenile Justice and Welfare Act of 2006) for bail for hearing.

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In granting or denying a bail, there must be a

SUMMARY HEARING - such brief and speedy court order which summarizes the evidence and
method of receiving and considering the evidence of why guilt is strong or not. Otherwise, judge would
guilt as is practicable and consistent with the purpose be administratively liable for not complying with
of the hearing which is merely to determine the this requirement.
weight of evidence for purposes of bail.
* BURDEN OF PROVING that the evidence of guilt is
STRONG lies with the fence of the PROSECUTION
* EVIDENCE OF GUILT is STRONG  when proof AMOUNT OF BAIL; GUIDELINES
is evident or the presumption of guilt is strong
------------------------------------------------------------------------------
The TEST is NOT whether the evidence establishes Section 9. Amount of bail; guidelines. — The judge
guilt beyond reasonable doubt but rather WHETHER who issued the warrant or granted the application
It SHOWS EVIDENT GUILT OR GREAT shall fix a reasonable amount of bail considering
primarily, but not limited to, the following factors:
PRESUMPTION OF GUILT.
(a) Financial ability of the accused to give bail;
RIGHT OF PARTIES: (b) Nature and circumstances of the offense;
A. To be heard (c) Penalty for the offense charged;
B. To present evidence (d) Character and reputation of the accused;
C. To cross-examine (e) Age and health of the accused;
- If any of this is denied – violation of (f) Weight of the evidence against the accused;
procedural due process (g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
EVIDENCE ADDUCED IN BAIL HEARING (i) The fact that accused was a fugitive from justice
AUTOMATICALLY REPRODUCED AT TRIAL when arrested; and
(j) Pendency of other cases where the accused is on
- BUT upon MOTION of EITHER party, the
bail.
court may RECALL any witness for additional
examination unless the witness is: Excessive bail shall not be required. (9a)
o Dead ------------------------------------------------------------------------------
o Outside of the Philippines
o Unable to testify FACTORS TO BE CONSIDERED IN FIXING THE
REASONABLE AMOUNT OF BAIL (not exclusive)
EVIDENCE NEEDED: 1. Financial ability of the accused to give bail
2. Nature and circumstances of the offense
HEARING FOR APPLICATION BAIL – strong 3. Penalty of the offense charged
evidence of guilt 4. Character and reputation of the accused
5. Age and health of the accused
TRIAL ON THE MERITS – proof beyond reasonable 6. Weight of evidence against the accused;
doubt 7. Probability of the accused appearing at the
trial
NOTE: if bail is denied by trial court, the REVIEW 8. Forfeiture of other bail
JURISDICTION of the SUPREME COURT may be 9. The fact that the accused bas a fugitive from
invoked, but NOT without first applying to the COURT justice when arrested
OF APPEALS. 10. Pendency of other cases when the accused
in on bail
It is erroneous to based judgment on supporting
affidavits attached to the information alone. RULES

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a. It should be high enough to assure the presence property given as security for the amount of the bail.
of defendant but not higher than is reasonably Within ten (10) days after the approval of the bond, the
calculated to fulfill the purpose. accused shall cause the annotation of the lien on the
b. It must not be a PROHIBITORY amount (more certificate of title on file with the Register of Deeds if
the land is registered, or if unregistered, in the
than the amount the accused can be expected to
Registration Book on the space provided therefor, in
give)  If so, it is a DENIAL OF BAIL within the the Registry of Deeds for the province or city where
constitutional provision. the land lies, and on the corresponding tax
* EXCESSIVE BAIL is NOT to be required for the declaration in the office of the provincial, city and
PURPOSE of PREVENTING the accused from being municipal assessor concerned.
ADMITTED to bail. Within the same period, the accused shall submit to
What constitutes excessive bail? the court his compliance and his failure to do so shall
-when the amount set is higher than that reasonably be sufficient cause for the cancellation of the property
calculated to insure that the accused will appear and bond and his re-arrest and detention. (11a)
stand trial and submit to sentence if convicted. ------------------------------------------------------------------------------

CORPORATE SURETY PROPERTY BOND – an undertaking constituted

------------------------------------------------------------------------------ as a lien on the real property given as security for
Section 10. Corporate surety. — Any domestic or the amount of the bail.
foreign corporation, licensed as a surety in  Both registered and unregistered land may be
accordance with law and currently authorized to act offered as security
as such, may provide bail by a bond subscribed  Realty given as security must be OWNED by
jointly by the accused and an officer of the the bondsman himself
corporation duly authorized by its board of directors.
(10a)
------------------------------------------------------------------------------ If NOT, the bond CANNOT respond if the
bondsman fails to produce the body of the
CORPORATE SURETY – any domestic or foreign accused
corporation, licensed as a surety in accordance
with law and currently authorized to act as such, The court may properly REFUSE to ACCEPT
may provide bail by a bond subscribed jointly by the same
the accused and an officer of the corporation duly  Within 10 DAYS after the approval of the bond,
authorized by its board of directors. the accused shall cause the annotation of the
lien on the certificate of title with the registry of
PROFESSIONAL BONDSMAN – is a person deeds, and on the corresponding tax
HABITUALLY engaged in the business of declaration in the office of the provincial, city
furnishing bonds in civil actions or for persons and municipal assessor concerned.
arrested or detained for prosecution.
“HABITUALLY” – furnishing bond in cases for Failure to do so shall be SUFFICIENT CAUSE
the purpose of gain, charging interest, for the CANCELLATION of the property bond
premium or percentage for such bond. and RE-ARREST and DETENTION of the
* a LICENSE is required before a professional accused.
bondsman may act as such
QUALIFICATIONS OF SURETIES IN PROPERTY
BOND
PROPERTY BOND, HOW POSTED
------------------------------------------------------------------------------ ------------------------------------------------------------------------------
Section 11. Property bond, how posted. — A property Section 12. Qualifications of sureties in property
bond is an undertaking constituted as lien on the real bond. — The qualification of sureties in a property
bond shall be as follows:

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 2S 2011-2012 with Anjo David’s notes Criminal Procedure 10

(a) Each must be a resident owner of real preceding section. He shall describe the property
estate within the Philippines; given as security, stating the nature of his title, its
encumbrances, the number and amount of other bails
(b) Where there is only one surety, his real entered into by him and still undischarged, and his
estate must be worth at least the amount of other liabilities. The court may examine the sureties
the undertaking; upon oath concerning their sufficiency in such
manner as it may deem proper. No bail shall be
(c) If there are two or more sureties, each may approved unless the surety is qualified. (13a)
justify in an amount less than that expressed
in the undertaking but the aggregate of the ------------------------------------------------------------------------------
justified sums must be equivalent to the
whole amount of bail demanded. * Before accepting a surety or bail bond, the following
REQUISITES must be complied with:
In all cases, every surety must be worth the amount 1. photographs of the accused
specified in his own undertaking over and above all 2. affidavit of justification
just debts, obligations and properties exempt from 3. clearance from the SC
execution. (12a)
4. certificate of compliance with Circular No. 66 (Sept.
19, 1996)
------------------------------------------------------------------------------
5. authority of the agent
6. current certificate of authority issued by the
1. Each must be a RESIDENT OWNER of real insurance commissioner with a financial statement
property or estate in the Philippines.
showing the maximum underwriting capacity of the
o Bondsman residing OUTSIDE of the
surety company.
Philippines are NOT WITHIN the
REACH of the processes of the
AFFIDAVIT OF JUSTIFICATION
courts.
PURPOSE (of requiring it): to enable the latter to
2. Where there is ONLY ONE SURETY, his real
determine whether or not the surety possesses the
estate must be worth at least the amount of
qualifications to act as such, especially his financial
undertaking; and worth.
3. If there are TWO or MORE sureties, each
 being UNDER OATH – any FALSITY
may justify in an amount less than that
introduced thereto by the surety upon a matter
expresses in the undertaking but the
of significance would render him liable for
aggregate of the justified sums must be
PERRJURY.
equivalent to the whole amount of the bail
 Judge may properly RELY on the affidavit and
demanded.
he may NOT BE HELD AT FAULT for an
* in all cases, every surety must be worth the
alleged failure to discharge his duty in
amount specified in his own undertaking over and
ascertaining the sufficiency of the sureties if
above all just debts, obligations and properties
exempt from execution. BEFORE he ACCEPTED and APPROVED the
BAIL BOND, the sureties executed an
*The court may require that the surety no just be
AFFIDAVIT before him subscribing that they
a resident of the Philippines but also of the
province in which it sits. each possess the qualifications of a surety.

DEPOSIT OF CASH AS BAIL

JUSTIFICATION OF SURETIES
------------------------------------------------------------------------------
------------------------------------------------------------------------------
Section 14. Deposit of cash as bail. — The accused or
Section 13. Justification of sureties. — Every surety
any person acting in his behalf may deposit in cash
shall justify by affidavit taken before the judge that he
with the nearest collector or internal revenue or
possesses the qualifications prescribed in the

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2S and 2B 2011-2012
 2S 2011-2012 with Anjo David’s notes Criminal Procedure 11

provincial, city, or municipal treasurer the amount of When a person has been in custody for a period equal
bail fixed by the court, or recommended by the to or more than the possible maximum imprisonment
prosecutor who investigated or filed the case. Upon prescribe for the offense charged, he shall be released
submission of a proper certificate of deposit and a immediately, without prejudice to the continuation of
written undertaking showing compliance with the the trial or the proceedings on appeal. If the maximum
requirements of section 2 of this Rule, the warden or penalty to which the accused may be sentenced is
person having custody of the accused shall release destierro, he shall be released after thirty (30) days of
him without necessity of a further order from the preventive imprisonment.
court.
A person in custody for a period equal to or more than
The money deposited shall be considered as bail and the minimum of the principal penalty prescribed for
applied to the payment of fine and costs while the the offense charged, without application of the
excess, if any, shall be returned to the accused or to Indeterminate Sentence Law or any modifying
whoever made the deposit. (14a) circumstance, shall be released on a reduced bail or
on his own recognizance, at the discretion of the
------------------------------------------------------------------------------ court. (16a)
- The accused or any person acting in his behalf
may deposit in cash with the nearest ------------------------------------------------------------------------------
COLLECTOR, or INTERNAL REVENUE, or the
PROVINCIAL, CITY or MUNICIPAL
TREASURER, the amount of bail fixed by the RECOGNIZANCE – refers to an obligation of
court or recommended by the fiscal who record, entered into before some court or officer
investigated or filed the case. authorized to take it with a condition to do some
- The money deposited shall be considered as bail particular act; the most usual condition in
and applied to the payment of fine and costs the criminal cases being the appearance of the
excess, if any, shall be returned to the accused accused for trial.
or to whoever made the deposit. NOTE: the release of the accused may be on his own
recognizance which means that he has become his
NOTE: the trial court may not reject otherwise own jailer.
acceptable sureties and insists that the accused Recognizance is not allowed in all criminal cases.
obtains his provisional liberty ONLY thru a cash bond Only allowed whenever allowed by law or these
 excessive bail shall NOT be required rules.

* JUDGES are NOT AUTHORIZED TO RECEIVE INSTANCES WHERE AN ARRESTED PERSON

CASH BAIL MAY BE RELEASED ON RECOGNIZANCE
1. Section 16, Rule 114: Where he is in custody
RECOGNIZANCE for a period equal to or more than the
MINIMUM of the principal penalty prescribed
------------------------------------------------------------------------------ for the offense charged, WITHOUT
Section 15. Recognizance. — Whenever allowed by application of the INDETERMINATE
law or these Rules, the court may release a person in SENTENCE LAW or any modifying
custody to his own recognizance or that of a circumstance. (reduced bail or released his
responsible person. (15a) own recognizance, at the discretion of the
court)
Section 16. Bail, when not required; reduced bail or 2. Where he is arrested or charged with a
recognizance. — No bail shall be required when the
violation of a municipal or city ordinance, a
law or these Rules so provide.
light felony or an offense the prescribed
penalty for which is NOT higher than SIX (6)
months imprisonment and/or a FINE of

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2S and 2B 2011-2012
 2S 2011-2012 with Anjo David’s notes Criminal Procedure 12

P2,000 but is NOT EXEMPTED from posting INSTANCES WHEN ACCUSED CAN BE
bond in accordance with Sec. 1 of RA No. RELEASED WITHOUT BAIL
6036. (released on his own recognizance 1. Offense charged is violation of a municipal or
or on the recognizance of a responsible city ordinance, a light felony or an offense the
citizen in the community) prescribed penalty for which is NOT higher
3. When accused applies for probation and no than SIX (6) months imprisonment or a FINE
bail was filed or that he is incapable of filing of P2,000 – if the accused is UNABLE to
one. (released on recognizance to the post the required cash or bail bond,
custody of responsible member of the EXCEPT:
community who shall guarantee his a. When he is caught committing the
appearance whenever required by the offense IN FLAGRANTE;
court –Section 24, Rule 114) b. When he confesses to the commission of
4. PD 603 (Child Welfare Act): In case a the offense UNLESS the confession is
youthful offender held for physical and later REPUDIATED by him in a sworn
mental examination, trial or appeal, if he is state or in open court as having been
unable to furnish bail, the Court may, upon extracted through force or intimidation;
recommendation of DSWD, allow his release c. When he is found to have previously
on recognizance to the custody of his parents escaped from legal confinement, evaded
or other suitable person who shall be sentence, or jumped bail;
responsible for his appearance whenever d. When he is found to have previously
required. violated the provisions of Sec. 2
5. In SUMMARY PROCEDURE, where (reporting to the clerk of court
accused was arrested for failure to appear periodically every two weeks, hereof);
whenever required. (he shall be released e. When he is found to be a recidivist or a
either on bail or recognizance by a habitual delinquent or has been
responsible citizen acceptable to the previously convicted for an offense to
court). which the law or ordinance attaches an
GENERAL RULE: NO BAIL equal or greater penalty or for two or
EXCEPTION: more offenses to which it attaches a
a. When a warrant of arrest is lighter penalty;
issued for the failure to appear f. When he commits the offense while on
when required by the court; parole or under conditional pardon; and
b. When the accused: g. When the accused has previously been
- is a recidivist pardoned by the municipal/city mayor for
- is a fugitive from justice violation of municipal/city ordinances for
- is charged with physical injuries at least 2 TIMES.
- does not reside in the place 2. When the crime committed is covered by the
where the violation of the law or Summary Rules because under Summary
ordinance is committed; or Rules, there is no need for warrant of arrest.
- has no known residence A mere notice is sufficient. (In this case, no
deprivation of liberty)
BAIL WHEN NOT REQUIRED; REDUCED BAIL OR 3. Section 2, Rule 112: In certain cases filed
RECOGNIZANCE with MTC or MCTC, the judge may issue
No bail shall be required when the law or these summons instead of WOA because he is
Rules so provide. satisfied that there is no necessity to place
the accused under custody.

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2S and 2B 2011-2012
 2S 2011-2012 with Anjo David’s notes Criminal Procedure 13

4. Where the accused has applied for probation thereof or the proceeding on appeal, if the same is
and before the same has been resolved but under review. In case the maximum penalty to which
NO BAIL was filed or the accused is the accused may be sentenced is destierro, he shall
incapable of filing one, in which case he may be released after thirty (30) days of preventive
imprisonment.
be released on recognizance;
5. In case of a youthful offender held for
physical or mental examination, trial or BAIL, WHERE FILED
appeal, if unable to furnish bail and under the
------------------------------------------------------------------------------
circumstances under PD No. 603, as Section 17. Bail, where filed. —
amended;
6. A person who has been in custody for a (a) Bail in the amount fixed may be filed with the court
period equal to or more than the POSSIBLE where the case is pending, or in the absence or
MAXIMUM imprisonment prescribed for the unavailability of the judge thereof, with any regional
offense charged; without prejudice to the trial judge, metropolitan trial judge, municipal trial
continuation of the trial or the proceeding on judge, or municipal circuit trial judge in the province,
appeal; city, or municipality. If the accused is arrested in a
* a person accused of an offense with a province, city, or municipality other than where the
maximum penalty of DESTIERRO shall be case is pending, bail may also be filed with any
regional trial court of said place, or if no judge thereof
released AFTER 30 DAYS OF PREVENTIVE
is available, with any metropolitan trial judge,
IMPRISONMENT. municipal trial judge, or municipal circuit trial judge
therein.
Revised Penal Code Article 29. Period of preventive
imprisonment deducted from term of imprisonment. —
(b) Where the grant of bail is a matter of discretion, or
Offenders who have undergone preventive
the accused seeks to be released on recognizance,
imprisonment shall be credited in the service of their
the application may only be filed in the court where
sentence consisting of deprivation of liberty, with the
the case is pending, on, trial or on appeal.
full time during which they have undergone preventive
imprisonment, if the detention prisoner agrees
voluntarily in writing to abide by the same disciplinary (c) Any person in custody who is not yet charged in
rules imposed upon convicted prisoners, except in the court may apply for bail with any court in the
following cases: province, city, or municipality where he is held. (17a)
1. When they are recidivists or have been
convicted previously twice or more times of ------------------------------------------------------------------------------
any crime; and 1. May be filed with the court where the CASE is
2. When upon being summoned for the PENDING, or in the absence or unavailability of
execution of their sentence they have failed to the judge thereof, with ANY RTC JUDGE, or ANY
surrender voluntarily. INFERIOR COURT JUDGE in the province, city,
If the detention prisoner does not agree to abide by or municipality.
the same disciplinary rules imposed upon convicted 2. If the accused is arrested in a province, city, or
prisoners, he shall be credited in the service of his municipality OTHER THAN where the case is
sentence with four-fifths of the time during which he PENDING, bail may also be filed with ANY RTC
has undergone preventive imprisonment. (As
of the said place, or if NO judge thereof is
amended by Republic Act 6127, June 17, 1970).
available, with ANY INFERIOR COURT judge
Whenever an accused has undergone preventive therein.
imprisonment for a period equal to or more than the 3. Whenever the grant of bail is a MOD, or the
possible maximum imprisonment of the offense accused seeks to be released on
charged to which he may be sentenced and his case RECOGNIZANCE, the application may be filed
is not yet terminated, he shall be released immediately ONLY in the particular court WHERE THE CASE
without prejudice to the continuation of the trial IS PENDING, whether on TRIAL or APEEAL;

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2S and 2B 2011-2012
 2S 2011-2012 with Anjo David’s notes Criminal Procedure 14

4. Any person in custody who is NOT YET ------------------------------------------------------------------------------

CHARGED in court may apply for bail with ANY Section 19. Release on bail. — The accused must be
COURT in the province, city, or municipality discharged upon approval of the bail by the judge with
where he is held (AM No. 05-8-26-SC) whom it was filed in accordance with section 17 of
this Rule.
5. If the DECISION of the RTC convicting the
accused CHANGED the nature of the offense
Whenever bail is filed with a court other than
from NON-BAILABLE to BAILABLE, the
where the case is pending, the judge who
application for bail can ONLY be filed with and
accepted the bail shall forward it, together with
resolved by the APPELLATE COURT.
the order of release and other supporting papers,
NOTE: a judge presiding in one branch has NO
to the court where the case is pending, which
POWER to grant bail to an accused who is being
may, for good reason, require a different one to
tried in another branch presided by another judge
be filed. (19a)
who is not absent or unavailable  constitutes ------------------------------------------------------------------------------
IGNORANCE OF THE LAW
* Once the accused has been committed to bail, he is
The requirements in this section must be entitled to IMMEDIATE RELEASE from custody.
complied with before a judge may grant bail. - an officer who fails/refuses to release him
 can be held liable under ART. 126 of RPC
NOTICE OF APPLICATION TO PROSECUTOR for DELAYING RELEASE.
------------------------------------------------------------------------------
Section 18. Notice of application to prosecutor. — In
* Where bail is filed in court other than where the
the application for bail under section 8 of this Rule, case is pending, the judge who accepted the bail
the court must give reasonable notice of the hearing shall FORWARD it together with the order of his
to the prosecutor or require him to submit his release and other papers to the court where the
recommendation. (18a) case is pending.
------------------------------------------------------------------------------

* The rule makes NO DISTINCTION whether the bail

is MOR or MOD. In ALL instances, REASONABLE INCREASE OR REDUCTION OF BAIL
NOTICE OF HEARING is required to be given to the
prosecutor, or at least he must be asked for his ------------------------------------------------------------------------------
recommendation. Section 20. Increase or reduction of bail. — After the
- burden of proving strong evidence of guilt  accused is admitted to bail, the court may, upon good
prosecution cause, either increase or reduce its amount. When
increased, the accused may be committed to custody
- discretion of the court in admitting the accused to
if he does not give bail in the increased amount within
bail can only be exercised after the fiscal has been a reasonable period. An accused held to answer a
heard regarding the nature of the evidence in his criminal charge, who is released without bail upon
possession. filing of the complaint or information, may, at any
subsequent stage of the proceedings and whenever a
NOTE: A WARRANT OF ARREST WITHOUT strong showing of guilt appears to the court, be
RECOMMENDATION is a VIOLATION OF THE required to give bail in the amount fixed, or in lieu
CONSTITUTIONAL RIGHT of the accused to BAIL thereof, committed to custody. (20a)
UNLESS the accused is charged with offense
punishable by RECLUSION PERPETUA or higher ------------------------------------------------------------------------------
and the evidence of guilt is STRONG.
* When the AMOUNT of bail is INCREASED, the
RELEASE ON BAIL accused may be COMMITTED to custody if he DOES

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2S and 2B 2011-2012
 2S 2011-2012 with Anjo David’s notes Criminal Procedure 15

NOT give bail in the increased amount WITHIN a Failing in these two requisites, a judgment shall be
REASONABLE TIME. rendered against the bondsmen, jointly and severally,
for the amount of the bail. The court shall not reduce
* An accused released WITHOUT BAIL upon filing of or otherwise mitigate the liability of the bondsmen,
unless the accused has been surrendered or is
the COMPLAINT or INFORMATION may AT ANY
acquitted. (21a)
SUBSEQUENT STAGE of the proceedings and ------------------------------------------------------------------------------
whenever a STRONG showing of guilt appears to the
court, be REQUIRED to give bail in the amount fixed, Steps:
or in lieu thereof, COMMITTED to custody. 1. If defendant fails to or neglects to appear on any
occasion when his presence is required, court
* The GUIDELINES provided for in Sec. 9, Rule 114 must issue an order forfeiting the bond or the
in FIXING the AMOUNT OF BAIL are also applicable deposit.
in REDUCING or INCREASING the bail
PREVIOUSLY FIXED. 2. Court shall notify the bondsman and must:
a. PRODUCE THE BODY of their principal or
NOTE: where the offense is bailable as a MOR, the give the reason for his non-production; and
mere probability that the accused will ESCAPE, or b. EXPLAIN why the accused did NOT
even if he had previously escaped while under appear before the court when first required to do
detention, DOES NOT DEPRIVE him of his RIGHT so.
TO BAIL.
 BOTH MUST BE SATISFIED – if NOT: judgment
REMEDY: to INCREASE the AMOUNT OF BAIL, shall be rendered against bondsmen (liable jointly
provided that it would NOT BE EXCESSIVE. and severally for the amount of BAIL).
The question of whether bail is exclusive is for -If both are satisfied, court will issue and order lifting
the Court to determines. the order to forfeit the bond.

NOTE: 30-DAY PERIOD  may NOT be

SHORTENED but may be EXTENDED if GOOD
CAUSE is shown.
FORFEITURE OF BOND

------------------------------------------------------------------------------
Section 21. Forfeiture of bond. — When the presence ORDER OF ORDER OF
of the accused is required by the court or these Rules, FORFEITURE CONFISCATION
his bondsmen shall be notified to produce him before - Conditional and - not independent of the
the court on a given date and time. If the accused fails interlocutory; not order of forfeiture; a
to appear in person as required, his bail shall be appealable judgment ultimately
declared forfeited and the bondsmen given thirty (30) determining the liability of
days within which to produce their principal and to the surety thereunder and
show cause why no judgment should be rendered therefore final.
against them for the amount of their bail. Within the - execution may issue at
said period, the bondsmen must:
once
(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 SUFFICIENCY OF THE BONDSMEN’S
court when first required to do so. EXPLANATION AND LIBERALITY OF COURTS

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2S and 2B 2011-2012
 2S 2011-2012 with Anjo David’s notes Criminal Procedure 16

1. To compel the bondsman to ENHANCE HIS any of these three circumstances occurs, bail
EFFORTS to have the person of the accused bond becomes ipso facto functus officio and is
produced for execution of sentence therefore deemed cancelled.
2. If the courts were strict in enforcing the
liability of the bondsmen, the latter would - However, cancellation of the bond does not of
DEMAN HIGHER RATES for furnishing bail itself relieve the bondsmen of their liability therein
for the accused persons, making it incurred PRIOR to their discharge.
DIFFICULT FOR THE ACCUSED TO
SECURE FREEDOM during the course of
the proceedings. ARREST OF ACCUSED OUT ON BAIL
3. For bondsmen NOT TO BE INDIFFIRENT ------------------------------------------------------------------------------
towards attempts to secure the arrest of Section 23. Arrest of accused out on bail. — For the
defendants, instead of helping it therein. 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
CANCELLATION OF BAIL
arrested by a police officer or any other person of
------------------------------------------------------------------------------
suitable age and discretion.
Section 22. Cancellation of bail. — Upon application of
the bondsmen, with due notice to the prosecutor, the
An accused released on bail may be re-arrested
bail may be cancelled upon surrender of the accused
without the necessity of a warrant if he attempts to
or proof of his death.
depart from the Philippines without permission of the
court where the case is pending. (23a)
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 METHODS BY WHICH SURETIES MAY RELIEVE
prejudice to any liability on the bond. (22a) THEMSELVES FROM RESPONSIBILITIES:
------------------------------------------------------------------------------ 1. Arrest the principal and deliver him to the
proper authorities;
1. Upon APPLICATION of the bondsmen with 2. They may cause his arrest to be made by
due notice to the prosecutor and upon any police officer or other person of suitable
SURRENDER of the accused or proof of his age or discretion; or
DEATH; 3. By endorsing the authority to arrest upon a
2. Upon ACQUITAL of the accused; certified copy of the undertaking and
3. Upon DISMISSAL of the case; delivering it to such officer or person.
4. EXECUTION OF JUDGMENT of conviction; Note: These are instances of valid warrantless
arrest and the surety does not need to file a prior
* without prejudice to any liability of the bail  motion to cancel the bond before the arrest.
JUDICIAL ORDER RELIEVING the bondsmen of Also, the accused released on nail may be re-
their liability is NECESSARY arrested without the necessity of a warrant if he
attempts to depart from the Philippines without
Bondsman may be held liable on his undertaking and permission of the court where the case is
subsequent ACQUITTAL or DISMISSAL of the pending.
charge against the accused WILL NOT OF ITSELF When an accused out on bail files an application
OPERATE TO RELIEVE him of such liability. to travel abroad, the court cannot grant the
petition without the consent of the bondsmen.
- Bail bond is automatically cancelled upon They must agree also (Manotoc v. CA).
acquittal of the accused or dismissal of the case HOLD-DEPARTURE ORDERS:
or execution of the final order of conviction. Once

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2S and 2B 2011-2012
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- SC Circular No. 39-97 dated June 19, 1997

limits the authority to issue hold departure NOTE: Application for PROBATION must be filed
orders to the RTCs in criminal cases within within the PERIOD of PERFECTING AN APPEAL.
their exclusive jurisdiction. Such filing operates as a WAIVER of the RIGHT TO
- Consequently, MTC judges have NO APPEAL. The accused in the meantime, is entitled to
AUTHORITY to issue HOLD-DEPARTURE be RELEASED ON BAIL OR RECOGNIZANCE (PD
ORDERS, following the maxim express No. 968, Sec. 4)
mention implies the exclusion; NEITHER
does he have the authority to CANCEN one GENERAL RULE: No bail shall be allowed after the
which he issued. judgment has become final, as what is left is for him
- Proper court may ISSUE a hold-departure to SERVE the sentence.
order or DIRECT the DFA to CANCEL the
PASSPORT of the accused.  VALID EXCEPTION: When he has applied for probation
RESTRICTION on a person’s right to before commencing to serve sentence, the penalty
travel – he may be dealt with in and the offense being within the purview of the
accordance with the law. PROBATION LAW.
- PERMISSION TO LEAVE the country should
be FILED in the SAME court where the case EXCEPTION TO THE EXCEPTION: The accused
is pending  they are in the best position to shall NOT be allowed to be RELEASED on bail
judge the propriety and implication of the AFTER HE HAS COMMENCED TO SERVE HIS
same. SENTENCE.
Note: Hold-departure order may be issued by the
court motu proprio. COURT SUPERVISION OF DETAINEES
------------------------------------------------------------------------------
NO BAIL AFTER FINAL JUDGMENT; EXCEPTION Section 25. Court supervision of detainees. — The
------------------------------------------------------------------------------ court shall exercise supervision over all persons in
Section 24. No bail after final judgment; custody for the purpose of eliminating unnecessary
exception. — No bail shall be allowed after the detention. The executive judges of the Regional Trial
Courts shall conduct monthly personal inspections of
judgment of conviction has become final. If
provincial, city, and municipal jails and their prisoners
before such finality, the accused has applies for within their respective jurisdictions. They shall
probation, he may be allowed temporary liberty ascertain the number of detainees, inquire on their
under his bail. When no bail was filed or the proper accommodation and health and examine the
accused is incapable of filing one, the court may condition of the jail facilities. They shall order the
allow his release on recognizance to the custody segregation of sexes and of minors from adults,
of a responsible member of the community. In no ensure the observance of the right of detainees to
case shall bail be allowed after the accused has confer privately with counsel, and strive to eliminate
commenced to serve sentence. (24a) conditions inimical to the detainees.
------------------------------------------------------------------------------
In cities and municipalities to be specified by the
Supreme Court, the municipal trial judges or
municipal circuit trial judges shall conduct monthly
* NO bail shall be granted after judgment, if the case
personal inspections of the municipal jails in their
has BECOME FINAL even if CONTINUED respective municipalities and submit a report to the
CONFINEMENT of the accused would be executive judge of the Regional Trial Court having
DETRIMENTAL or DANGEROUS to his HEALTH. jurisdiction therein.

REMEDY submit him to MEDICAL TREATMENT A monthly report of such visitation shall be submitted
or HOSPITALIZATION by the executive judges to the Court Administrator

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which shall state the total number of detainees, the * The court shall OBSERVE the matter as
names of those held for more than thirty (30) days, the EARLY as PRACTICABLE, but NOT LATER than
duration of detention, the crime charged, the status of the START of the trail of the case.
the case, the cause for detention, and other pertinent
information. (25a)
------------------------------------------------------------------------------

- The court shall exercise supervision over ALL

PERSONS in custody for the PURPOSE of
eliminating UNNECESSARY DETENTION.
- The executive judges of RTCs shall conduct
MONTHLY PERSONAL INSPECTIONS of
provincial, city and municipal jails and the prisoners
within their respective jurisdictions.
- The employment of PHYSICAL,
PSYCHOLOGICAL, OR DEGRADING
PUNISHMENT against ANY PRISONER OR
DETAINEE or the USE OF SUBSTANDARD OR
INADEQUATE penal facilities under subhuman
conditions shall be dealt with by law (Sec. 19(2),
Art. III of the 1987 Constitution)

BAIL NOT A BAR TO OBJECTIONS ON ILLEGAL

ARRESTS, LACK OF AN IRREGULAR
PRELIMINARY INVESTIGATION
------------------------------------------------------------------------------
Section 26. 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. (n)
------------------------------------------------------------------------------
AN APPLICATION FOR ADMISSION TO BAIL
SHALL NOT BAR THE ACCUSED:
1. From challenging the validity of his arrest; or
2. Legality of the warrant issued therefore; or
3. From assailing the regularity or questioning
the absence of a preliminary investigation of
the charge against him.
* PROVIDED, that the accused raises them
BEFORE ENTERING HIS PLEA.

“That in all things, God may be glorified!

2S and 2B 2011-2012