Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Criminal Procedure › Bail (Rule 114)
7. Cancellation and Forfeiture
To justify exemption from liability on a bail bond or reduction thereof, two requisites must be satisfied:
- Production or surrender of the person of the accused within 30 days from notice of the order of the court to produce the body of the accused or giving reasons for its non-production; and
- Satisfactory explanations for the nonappearance of the accused when first required by the trial court to appear (Rule 114, Sec. 21).
Failure to PRODUCE the body of the principal or give a reason for his non-production and EXPLAIN why the accused did not appear before the court when first required to do so, the court shall render a judgment against the bondsmen, jointly and severally for the amount of the bail.
The period of 30 days cannot be shortened by the court but may be extended for good cause shown.
Note: When bail is granted, the accused must appear whenever the court requires his presence; otherwise, his bail shall be forfeited. This authorizes the court to cancel the bail bond. Any motion for bail pending appeal will also be denied because of violation of the conditions of the previous bail. Once an accused escapes from prison or confinement, jumps bail or flees to a foreign country, he loses his standing in court. Unless he surrenders or submits to the jurisdiction of the court, he is deemed to have waived any right to seek relief from the court. (People v. Piad, G.R. No. 213607, 2016)
| ORDER OF FORFEITURE | ORDER OF CONFISCATION |
| Conditional and interlocutory. It is not appealable. | Not independent of the order of forfeiture. It is a judgment ultimately determining the liability of the surety thereunder and therefore final. Execution may issue at once. |
Authorities
- People v. Piad, G.R. No. 213607, 25 January 2016
- Rule 114, Sec. 21