F. Bail (Rule 114)

Bail

It 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. (Rule 114, Section 1)

Note: The term “punishable” under Sections 4 and 7 of Rule 114 refers to the prescribed and not imposable penalty. (People v. Valdez and Sandiganbayan, G.R. Nos. 216007-09, 2015)

Purpose of Bail

• To honor the presumption of innocence until his guilt is proven beyond reasonable doubt;
• To enable him to prepare his defense without being subject to punishment prior to conviction.

Note: In order to be able to avail of bail, there must be either: a) custody over the person or b) voluntary surrender (Paderanga v. CA, G.R. No. 115407 August 28, 1995)

Forms of Bail:

• Corporate surety;
• Property bond;
• Cash deposit; and
• Recognizance (Rule 114, Sec. 1).

Bail Bond vs. Recognizance

Note: A person is “in the custody of law” when he has been arrested or otherwise deprived of his freedom or when he has voluntarily submitted himself to the jurisdiction of the court by surrendering to the proper authorities.

As bail is intended to obtain or secure one’s provisional liberty, the same cannot be posted before the court has acquired custody over him.

Upon assumption of the obligation of bail, the sureties become in law the jailers of their principal. (People v. Gako, G.R. No. 135045, December 15, 2000)

Requiring Arraignment Before Grant of Bail Is Not Valid

Bail does not require arraignment. As long as there is deprivation of liberty or voluntary surrender, one can apply for bail. (Serapio v. Sandiganbayan, G.R. No. 148468, 2003)

The trial court could ensure the presence of the accused at the arraignment precisely by granting bail and ordering his presence at any stage of the proceedings such as arraignment. (Rule 114, Section 2[b])

The accused will be placed in a position where he has to choose between 1) filing a motion to quash and thus delay his release on bail and; 2) foregoing the filing of a motion to quash so that he can be arraigned at once and thereafter be released on bail. These scenarios certainly undermine the accused’s constitutional right not to be put on trial except upon valid complaint or information sufficient to charge him with a crime and his right to bail. (Lavides v. Court of Appeals, G.R. No. 129670, 2000)

All Kinds of Bail are Subject to the Following Conditions:

• Unless the court directs otherwise, the bail bond posted by an accused remains in force at all stages of the case until promulgation of the judgment of the Regional Trial Court.
• The accused shall appear before the proper court whenever required by the court or rules.
• Failure of the accused to appear at the trial without justification despite due notice shall be deemed a waiver of his right to be present thereat. The trial may proceed in absentia.
• The bondsman shall surrender the accused to court for execution of the final judgment.

Note: If the accused presents his notice of appeal, the trial court will order the accused to be taken into custody in the absence of a new bail bond on appeal duly approved by the court. If the accused does not appeal, the bondsman must produce the accused on the 15th day from promulgation of sentence for service of sentence.

The prohibition against requiring excessive bail is enshrined in the Constitution. The obvious rationale is that imposing bail in an excessive amount could render meaningless the right to bail. The court has wide latitude in fixing the amount of bail. Thus, the amount should be high enough to assure the presence of the accused when required but no higher than is reasonably calculated to fulfill this purpose. Bail is not intended as a punishment, nor as a satisfaction of civil liability which would necessarily await the judgment of the appellate court. (Yap v. CA and the People, G.R. No. 141529, 2001)

No release or transfer except on court order or bail

No person under detention by legal process shall be released or transferred except upon order of the court or when he is admitted to bail. (Rule 114, Sec. 3)

Application for Bail does not necessarily mean submission to the jurisdiction of the court

Bail cannot be posted before custody of the accused has been acquired by the judicial authorities either by his arrest or voluntary surrender.

Being in the custody of the law signifies restraint on the person, who is thereby deprived of his own will and liberty, binding him to become obedient to the will of the law.

The outright dismissal of the case even before the court acquires jurisdiction over the person of the accused is authorized under § 6(a) Rule 112 of the Revised Rules of Criminal Procedure and the Revised Rules on Summary Procedure (§ 12a). (Miranda v. Tuliao, G.R. No. 158763, 2006)

Period to Decide Petition For Bail (A.M. No. 15-06- 10-SC, Revised Guidelines for Continuous Trial in Criminal Cases)

• A petition for bail filed after the filing of the information shall be set for summary hearing after arraignment and pre-trial. Testimony of a witness in petition for bail may be in the form allowed by subheading III, item no. 11, par. b (Form of Testimony) of the Revised Guidelines, provided that the demeanor of the witness is not essential in determining his/her credibility.
• Petition for bail shall be heard and resolved within a non-extendible period of 30 calendar days from date of the first hearing, except in drug cases which shall be heard and resolved within 20 calendar days, without need of oral argument and submission of memoranda, consistent with the summary nature of the proceedings.
• Motion for reconsideration on the resolution of petition for bail shall be resolved within a nonextendible period of 10 calendar days from date of submission of the motion.

Bail to Secure Appearance of Material Witness

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 witness to post bail
• If witness refuses to post bail, court shall commit him to prison until he complies or testifies (Rule 119, Sec. 14).

Bail in Court-Martial Offenses

The right to bail of an accused military personnel triable by courts-martial does not exist, as an exception to the general rule that an accused is entitled to bail (except in a capital offense where the evidence of guilt is strong).

Special Rule on Application for Admission to Bail

In narrow cases involving special appearances, an accused can invoke the processes of the court even though there is neither jurisdiction over the person nor custody of the law. However, if a person invoking the special jurisdiction of the court applies for bail, he must first submit himself to the custody of the law.

Custody of Law v. Jurisdiction over the Person (Miranda v Tuliao).

Evidence Presented Automatically Reproduced at Trial

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. (Rule 114, Sec. 8)

A.M. No. 12-11-2-SC: Guidelines for Decongesting Holding Jails by Enforcing the Rights of Accused Persons to Bail and to Speedy Trial (“Guidelines”)

Bail hearing in offenses punishable by death, reclusion perpetua, or life imprisonment:

• The hearing of the accused’s motion for bail in offenses punishable by death, reclusion perpetua, or life imprisonment shall be summary, with the prosecution bearing the burden of showing that the evidence of guilt is strong. The accused may at his option, if he wants the court to consider his evidence as well, submit in support of his motion the affidavits of his witnesses attesting to his innocence.
• At the hearing of the accused’s motion for bail, the prosecution shall present its witnesses with the option of examining them on direct or adopting the affidavits they executed during the preliminary investigation as their direct testimonies.
• The court shall examine the witnesses on their direct testimonies or affidavits to ascertain if the evidence of guilt of the accused is strong. The court’s questions need not follow any particular order and may shift from one witness to another. The court shall then allow counsels from both sides to examine the witnesses as well. The court shall afterwards hear the oral arguments of the parties on whether or not the evidence of guilt is strong.
• Within 48 hours after hearing, the court shall issue an order containing a brief summary of the evidence adduced before it, followed by its conclusion of whether or not the evidence of guilt is strong. Such conclusion shall not be regarded as pre-judgment on the merits of the case that is to be determined only after a fullblown trial. (Section 6 of Guidelines)

Corporate Surety Bail Bond

May be provided by any domestic or foreign corporation, licensed as surety in accordance with law and currently authorized to act as such

Subscribed jointly by the accused and an officer of the corporation duly authorized by the board of directors. (Rule 114, Section 10)

Note: The term of the bail bond is not dependent upon faithful payment of the bond premium.

Property Bond; How Posted

PROPERTY BOND is an undertaking constituted as a lien on the real property given as security for the amount of the bail. (Rule 114, Section 11)

Within 10 days after the approval of the bond, the accused shall annotate the lien:

• On the certificate of title with the Registry of Deeds, if the land is registered
• in the Registration Book, if the land is unregistered

Failure to do so shall be sufficient cause for cancellation of the property bond and his re-arrest and detention.

Before accepting a surety or bail bond, the following requisites must be complied with:

• Photographs of the accused;
• Affidavit of justification;
• Clearance from the supreme court;
• Certificate of compliance with Circular No. 66 dated September 19, 1996;
• Authority of the agent; and
• Current certificate of authority issued by the insurance commissioner with a financial statement showing the maximum underwriting capacity of the surety company (Rule 114, Sec. 12).

Note: The purpose of requiring the affidavit of qualification by the surety before the judge is to enable the latter to determine whether or not the surety possesses the qualification to act as such, especially his financial worth as required in the previous section.

Deposit of cash as bail

The accused or any person acting on his behalf may deposit in cash the amount of bail fixed by the court or recommended by the prosecutor who investigated or filed the case with the:

• Nearest collector of internal revenue;
• Provincial, city or municipal treasurer; or
• Clerk of court where case is pending.

Money considered as bail, applied to payment of fine and costs while the excess if any, shall be returned to the accused or whoever made the deposit (Rule 114, Sec. 14).

The trial judge has no authority to strictly require that only cash bond, instead of a surety bond, be deposited for the provisional release of the accused.

Respondent judge is only authorized to receive the cash bail bond under Section 17 (a), Rule 114 of the Revised Rules on Criminal Procedure which says that the bail bond may be filed either with the court where the case is pending, or with any Regional Trial Court (RTC) of the place of arrest, or with any judge of the Metropolitan Trial Court or the Municipal Trial Court of the place of arrest. (Tormis v. Judge Paredes, A.M No. RTJ-13-2366, 2015)

A judge cannot receive cash for bail nor keep it in his office or residence. (Lachica v. Judge Tormis, A.M. No. MTJ-05-1609, 2005)

Reduced Bail

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 (Rule 114, Sec. 16).

Release on Bail

Upon approval of the bail by the judge, the accused must be discharged (Rule 114, Sec. 19).

An officer who fails or refuses to release him from detention notwithstanding the approval by the proper court of his bail bond may be held liable under Art. 126 if the Revised Penal Code for delaying release.

Court may either increase or reduce the amount of the bail:

• After the accused admitted to bail; AND
• Upon good cause

If the accused does not give the increased amount of bail within a reasonable time, he will be committed to custody (Rule 114, Sec. 20).

Accused Released Without Bail May:

• At any subsequent stage
• Whenever a strong showing of guilt appears to the court
• Be required to give bail or in lieu thereof, committed to custody (Rule 114, Sec. 20)

Where the offense is bailable, the mere probability that the accused will escape or if he had previously escaped while under detention does not deprive him of his right to bail. The remedy is to increase the amount of bail, provided the amount is not excessive. (Sy Guan v. Amparo, G.R. No. L-1771, 1947).

Updated: After trial-court conviction, the constitutional right to bail ends, and bail pending appeal is allowed only in the court’s cautious exercise of discretion for strong reasons (Reyes v. People, G.R. No. 237172, 21 December 2020).

Bail is Forfeited:

• Where the presence of the accused is specifically required by the court or the Rules of Court; and
• Despite due notice to the bondsmen to produce him before the court on a given date, the accused fails to appear in person as so required (Rule 114, Sec. 21).

Bail is Cancelled:

• Upon application of the bondsmen with due notice to the prosecutor, upon surrender of the accused or proof of his death;
• Upon acquittal of the accused;
• Upon dismissal of the case; or
• Execution of judgment of conviction.

In all instances, without prejudice to any liability on the bail (Rule 114, Sec. 22).

Arrest of Accused Out on Bail

The bondsmen who put the bail bond for the accused become the jailers and they or the police officer to whom authority is endorsed may arrest the accused for the purpose of surrendering him to the court. The accused cannot leave the country without the permission of the bondsmen and the court (Rule 114, Sec. 23).

How sureties may be relieved from responsibility over the accused:

• Arrest the principal and deliver him to the proper authorities.
• They may cause the arrest of the accused to be made by any police officer or other person of suitable age or discretion.
• By endorsing the authority to arrest upon a certified copy of the undertaking and delivering it to such officer or person.

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.

No Bail After Judgment; Exception

General Rule: No bail shall be allowed after the judgment has become final, as what is left is for him to serve the sentence (Rule 114, Sec. 24).

Exception: When he has applied for probation before commencing to serve sentence, the penalty and the offense being within the purview of the Probation Law. The application for probation must be filed within the period of perfecting an appeal. Such filing operates as a waiver of the right to appeal (Rule 114, Sec. 24).

Exception to the exception: The accused shall not be allowed to be released on bail after he has commenced to serve his sentence (Rule 114, Sec. 23).

Once a child who is under 18 years of age at the commission of the offense is found guilty of the offense charged, the court shall place the child under suspended sentence, without need of application. The suspension of sentence shall still be applied even if the juvenile is already 18 years of age or more at the time of the pronouncement of his/her guilt. (R.A. No. 9344, Section 38)

An application for admission to bail shall not bar the accused from:

• Challenging the validity of his arrest; or
• The legality of the warrant issued therefore; or
• 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. (Rule 114, Section 26)

The court shall resolve the matter as early as practicable, but not later than the start of the trial of the case.