3. Application for Bail in Capital Offenses

When lawfully imprisoned: when recommitted or when bailed

If it appears that the prisoner was lawfully committed and is charged with an offense punishable by death, he shall not be released, discharged or bailed.

If he is lawfully imprisoned and is charged with an offense not punishable by death, he may be recommitted to imprisonment or admitted to bail in the discretion of the judge. (R102, S14)

WHEN A MATTER OF DISCRETION

HEARING OF APPLICATION FOR BAIL IN CAPITAL OFFENSES

Capital Offense

It is an offense which, under the law existing at the time of its commission and of the application for admission to bail may be punished with death (Rule 114, Sec. 6).

Note: R.A. No. 9346 entitled ”An Act Prohibiting the Imposition of Death Penalty in the Philippines” was enacted on June 24, 2006 repealing R.A. No. 8177 and R. A. No. 7659 and abolishing the death penalty.

After conviction by the trial court, the accused convicted of a capital offense is no longer entitled to bail as a matter of right, and can only be released when the conviction is reversed by the appellate court. (PHIL. CONST. art. III, Sec. 13)

Not entitled to bail

An accused who has been convicted of an offense which carries a penalty of more than 20 years is not entitled to bail during the pendency of his appeal.

An accused who is convicted of a capital offense is no longer entitled to bail on appeal since his conviction imports that the evidence of guilt is strong.

A person charged with a criminal offense will not be entitled to bail even before conviction only if the charge against him is a capital offense and the evidence of his guilt for said offense is strong (J. Caguioa, Recto v. People, G.R. No. 236461, 2018).

Burden of proof in bail application

When the offense is punishable by reclusion perpetua or life imprisonment, the prosecution has the burden of showing that evidence of guilt is strong (Rule 114, Sec. 7).

Regarding Minors Charged with a Capital Offense

If the person charged with a capital offense, such as murder, admittedly a minor, which would entitle him, if convicted, to a penalty next lower than that prescribed by law, he is entitled to bail regardless of whether the evidence of guilt is strong. The reason for this is that one who faces a probable death sentence has a particularly strong temptation to flee. This reason does not hold where the accused has been established without objection to be minor who by law cannot be sentenced to death.(See R.A. No. 9165, Sec. 98)

Privileged mitigating circumstance of minority shall be considered for the purposes of recommending the amount of bail.(R.A. No. 9344, Sec. 34)

Hearing for bail different from determination of the existence of probable cause

[The determination of probable cause] takes place prior to all proceedings, so that if the court is not satisfied with the existence of a probable cause, it may either dismiss the case or deny the issuance of the warrant of arrest or conduct a hearing to satisfy itself of the existence of probable cause. If the court finds the existence of probable cause, the court is mandated to issue a warrant of arrest or commitment order if the accused is already under custody, as when he was validly arrested without a warrant.

It is only after this proceeding that the court can entertain a petition for bail where a subsequent hearing is conducted to determine if the evidence of guilt is weak or not…xxx… This Court had said so in many cases and had imposed sanctions on judges who granted applications for bail in capital offenses and in offenses punishable by reclusion perpetua, or life imprisonment, without giving the prosecution the opportunity to prove that the evidence of guilt is strong (Jorda v. Bitas, A.M. No. RTJ-14-2376, 2014). The grant or denial of bail is not a ground for inhibition of the judge.

Updated: In a bail hearing for a capital offense, the prosecution bears the burden of presenting its evidence, and the bail order must summarize that evidence (People v. Tanes, G.R. No. 240596, 3 April 2019).

Duties of trial judge in a petition for bail in offenses punishable by reclusion perpetua, life imprisonment, or death

• In all cases, whether bail is a matter of right or of discretion, notify the prosecutor of the hearing of the application for bail or require him to submit his recommendation
• Where bail is a matter of discretion, conduct a hearing of the application for bail regardless of 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;
• Decide whether the guilt of the accused is strong based on the summary of evidence of the prosecution;
• If the guilt of the accused is not strong, discharge the accused upon the approval of the bailbond (Enrile v. Sandiganbayan, G.R. No. 213847, 2015).

Updated: At a discretionary bail hearing, the prosecution bears the burden of showing that the evidence of guilt is strong, while the defense may cross-examine witnesses and present rebuttal evidence (People v. Tanes, G.R. No. 240596, 3 April 2019).