Rule 114

BAIL
Section 1. Bail, defined.
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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.

Concept and Purpose of Bail

Such a right to bail flows from the

presumption of innocence in favor of
every accused who should not be
subjected to the loss of freedom as
thereafter he would be entitled to
acquittal, unless his guilt be proved
beyond reasonable doubt.
Upon assumption of the obligation of
bail, the sureties become in law the
jailers of their principal. And as such is
at all charged with the duty to keep
him under its surveillance, which duty
continues until the bond is cancelled,
or the surety is discharged, It is
incumbent upon the surety to prohibit
the
accused
from
leaving
the
jurisdiction of the Philippines and
placing himself beyond the reach of its
orders and processes.
A potential extradite may be subjected
to arrest
, to a prolonged restraint of liberty. And
forced to transfer to the demanding
state following the proceedings. The
prospective extradite thus bears the
onus probandi of showing that he or
she is not a flight risk and should be
granted bail.
Bail in deportation proceedings is not
allowed considering that deportation
proceedings do not constitute a
criminal action. The exercise of the
power is wholly discretionary. It is the
Commissioner of Immigration who
exercises
absolute
discretion
in
determining whether or not an alien
may be released during deportation
proceedings.
The right to bail, only accrues when a
person is arrested or deprived of his
liberty. The right to bail presupposes
that the accused is under legal
custody.
If the accused is charged with a capital
offense or an offense punishable by

reclusion
perpetua
or
life
imprisonment the Judge must have
jurisdiction over the person of accused.
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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 court should not even allow a

motion for bail to be set for hearing
unless it has acquired jurisdiction over
the person of the accused and the
case by its filing in Court.

Custody How Acquired

The accused must be in custody of the

law, either:

a) By virtue of a warrantless arrest; or

b) When he voluntarily submitted himself
to the jurisdiction of the Court by
surrendering to the proper authorities.
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An application for admission to bail of

a person against whom a criminal
action has been filed, but who is still at
large is premature. As a matter of
course, upon voluntary appearance of
the accused, the judge should require
another motion for bail and set the
same for hearing, with the prosecution
notified thereof.

On the matter of bail, the basic rule is

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

Waiver of Right to Bail

The Right to Bail may be waived by

agreement that the accused will
withdraw his petition for habeas
corpus and remain in legal custody in
consideration of the immediate release
of his co-detainee.

Section 26 of the Revised Rules on

Criminal Procedure

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
therefore,
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.
Section 2. Conditions
requirements.

of

the

Bail;

Conditions of bail:

a) Before conviction- defendant shall

answer the compliant or information in
the court in which it is filed or to which
it may be transferred.
b) After conviction- that he will surrender
himself in execution of the judgment
that the appellate court may render.
c) Cause is remanded for new trial- he
will appear in the court to which it may
be remanded and submit himself to
the orders and processes thereof.
Reminder
Bondsmen
-

on

Courts

in

Screening

Surety bonds are accompanied by

corresponding clearances from the
Office of Insurance Commissioner.

Requisites of Surety Bond:

1.
2.
3.
4.

Photographs of the accused

Affidavit of justification
Clearance from the supreme court
Certificate of compliance with Circular
number
66
of
the
Insurance
Commissioner
5. Authority of the agent, and
6. Current certificate of authority issued
by the Insurance Commissioner with a
financial
statement
showing
the
maximum underwriting capacity of the
surety company.
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answer the call of the court and do

what the law may require of him. The
condition imposed upon petitioner to
make himself available at all times
whenever the court requires his
presence operates as a valid restriction
on his right to travel.

Other conditions; Limitations

Bail
should
be
granted
before
arraignment, otherwise the accused
may be precluded from filing a motion
to quash. For if the information is
quashed and the case dismissed, there
would then be no need for the
arraignment of the accused.

Where the form of the bond for the

purpose of admitting a defendant in a
criminal case to liberty during the
pendency of the action is prescribed
by law, such form must be followed in
substance.

Section 3. 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.
Section 4.
Exception.

Bail,

Matter

of

Right;

All persons in custody shall be

admitted to bail as a matter of right,
with sufficient sureties, or released on
recognizance as prescribed by law or
this Rule
a) Before or after conviction by the MeTC,
MTC, MTCC or MCTC
b) Before conviction by the RTC of an
offense not punishable by death,
reclusion
perpetua,
or
life
imprisonment.
Section 5. Bail, when discretionary.

1. Court could ncrease tha amount of the

bail bond to an appropriate level
2. Defendant could be required to report
in person periodically to the court and
make an accounting of his movements.
3. The accused might be warned that,
Trial may proceed notwithstanding his
absence, provided that he has been
duly notified and his failure to appear
is unjustified.

Upon conviction by the RTC of an

offense not punishable by death,
reclusion
perpetua,
or
life
imprisonment, admission to bail is
discretionary. 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.

Right to restrict travel

The object of bail is to relieve the

accused of imprisonment and the state
of the burden of keeping him, pending
the trial, and at the same time, to put
the accused as much under the power
of the court as if he were in custody of
the proper officer, and to secure the
appearance of the accused so as to

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:

a) That he is a recidivist, quasi-recidivist,

or
habitual
delinquent,
or
has

committed the crime aggravated by

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

charged with a capital offense and

evidence of his guilt is strong.
Effect of Granting Motion for New Trial
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Where, therefore, the accused was

under bail before the judgment of
death sentence was rendered against
him, upon the granting of the motion
for new trial, he should be accorded his
original status of being out on bail.

The
criminal
case
before
the
respondent Judge is the normal venue
for invoking the petitioners right to
have provisional liberty pending trial
and judgment. The original jurisdiction
to grant or deny bail rested with said
respondent.

For purposes of recommending the

amount
of
bail,
the
privileged
mitigating circumstances of minority
shall be considered.

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.
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Even if there is no notice of appeal 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.

Section 6. Capital Offense Defined.

The right to bail

Matter of right- offense charged is not

punishable
by
death,
reclusion
perpetua or life imprisonment.
- Matter of discretion- upon conviction
by the RTC of an offense not
punishable
by
death,
reclusion
perpetua or life imprisonment.
- the court imposed a
penalty
of imprisonment exceeding six
(6) years

A capital offense 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.

The criterion to determine whether the

offense charged is capital is the
penalty provided by the law regardless
of the attendant circumstances.

When the accused is charged with a

capital
offense,
or
an
offense
punishable by reclusion perpetua or
life imprisonment, and evidence of
guilt is strong, bail shall be denied.

Even if the accused is convicted by the

RTC but the penalty imposed does not
exceed six (6) years, bal is still a
matter of right for as long as the
judgment of conviction is not yet final.

Thus, Sec. 5, Art. 114 of the Rules of

Criminal procedure requires a hearing
before resolving a motion for bail by
persons charged with offenses punishable
by
reclusion
perpetua
where
the
prosecution may discharge its burden of
showing that the evidence of guilt is
strong.

In a summary hearing conducted for the

purpose of determining whether the
evidence of guilt is strong for purposes of
bail, what the court does is to determine
the weight of evidence, not the guilt or
innocence of the accused.

After conviction, an accused who is

charged with capital offense or punishable

It becomes a matter of discretion only

when the penalty imposed exceeds six
years imprisonment and not exceeding
twenty (20) years.
Bail is matter of right, whether
charged or not yet charged.

Section 7. Capital Offense or an Offense

Punishable by Reclusion Perpetua or Life
Imprisonment, not Bailable.
No person charged with a capital
offense, or an offense punishable by
reclusion pereptua or life imprisonment,
shall be admitted to bail when evidence
of guilt is strong, regardless of the stage
of the criminal prosecution.

From the moment he is placed under

arrest, detention or restraint by the
officers of the law, he can claim this
guarantee of the Bill of Rights, and this
right he retains unless and until he is

by reclusion perpetua shall no longer be

entitled to bail as a matter of right, even if
he appeals as evidence of guilt is strong.
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The conviction of an accused for a crime

punishable by reclusion perpetua clearly
imports that the evidence of his guilt is
strong. A summary hearing for his bail
application for the sole purpose of
determining whether or not evidence is
strong is therefore unnecessary.

Section
8.
Application.

Burden

Proof

in

Bail

Burden of proof lies on prosecution.

Summary Hearing:
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Hearing for application of bail should

be summary or otherwise in the
discretion of the court.

Summary hearing means such brief

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

The course of the inquiry may be left

to the discretion of the court which
may confine itself to receiving such
evidence
as
has
reference
to
substantial
matters
avoiding
unnecessary thoroughness in the
examination and cross-examination of
witnesses
and
reducing
to
a
reasonable minimum the amount of
corrobation particularly on details that
are not essential to the purpose of the
hearing.

Indispensable Requirement in Hearing

on application.
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To deny bail, the evidence of guilt

must be strong. The Prosecution must
be given full opportunity to present
evidence.

There must be an application for bail.

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Bail may be granted only after a

motion for that purpose has been filed
by the accused and a hearing thereon
conducted by the judge to determine
whether or not the prosecutions
evidence of guilt is strong.
Where an application for bail was
properly
denied
by
reason
of
prematurity since the accused had yet
to be arrested or to voluntarily appear
in
court,
after
the
voluntary
appearance of the accused, the judge
may not subsequently consider and
affirmatively act thereon but should
instead require the accused as a
matter of course, to file another
motion for bail and set the same for
hearing, with the prosecution duly
notified thereof.

The requirement of notice of hearing

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Not only must there be an application

or motion for bail, but it is also
mandatory that the prosecutor be
given reasonable notice of the hearing
of the application for bail.

The requirement of Hearing

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A hearing is absolutely indispensable

before a judge can properly determine
whether the prosecutions evidence is
weak or strong.

Mere readings of the affidavits is not

enough.

Thus, when a judge grants bail to a

person charged with a capital offense,
or on offense punishable by reclusion
perpetua or life imprisonment without
conducting the required hearing, he is
considered guilty of ignorance or
incompetence the gravity of which
cannot be excused by a claim of good
faith or excusable negligence.

Non-appearance of
ground to grant bail.
-

prosecution

Indispensability of hearing even

absence of evidence by prosecution.
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The court may not fix bail in offenses

punishable by death or reclusion
perpetua on the basis of his findings
based on affidavits without first
conducting a hearing with notice to the
Fiscal.

Nature and circumstances of the crime

Character and reputation of the
accused

in

If the prosecution refuses to adduce

evidence or fails to interpose an
objection to the motion for bail, it is
still mandatory for the court to conduct
a hearing or ask searching and
clarificatory questions from which it
may infer the strength of the evidence
of guilt, or the lack of it, against the
accused.

Duties of the
application filed.

trial

judge

if

bail

a. notify the prosecutor of the hearing of

the application for bail or require him
to submit his recommendation
b. 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.
c. Decide whether the evidence of guilt
of the accused is strong based on the
summary
of
evidence
of
the
prosecution
d. If the guilt of the accused is not strong,
discharge the accused upon the
approval of the bailbond. Otherwise,
petition should be denied.
Proof of evident or evident proof
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Clear, strong evidence which leads a

well-guarded dispassionate judgment
to the conclusion that the offense has
been committed as charged, that
accused is the guilty agent, and that
he will probably be punished capitally
if the law is administered.

In other words, the test is not whether

the evidence establishes guilt beyond
reasonable doubt but rather whether it
shows evident guilt or a great
presumption of guilt.

not

Guidelines for fixing bail.

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The weight of the evidence against

him
The probability of the accused
appearing at the trial
Whether or not the accused is a
fugitive from justice
Whether or not the accused is under
bond in other cases.

Remedy where bail is denied by trial

court hierarchy of courts to be observed.

If the petition to be admitted to bail is

denied by the trial court, then the
review jurisdiction of this Court can be
invoked, but not without first applying
to the Court of Appeals if appropriate
relief is also available therein.
The discretion of the court to grant bail
in cases involving capital offenses lies
not in the determination of whether or
not hearng should be held, but in the
appreciation and evaluation of the
weight of the prosecutions evidence of
guilt against the accused.
The proper remedy to assail the denial
of bail but to file a petition for
certiorari if the trial court committed a
grave abuse of discretion amounting to
excess of jurisdiction in issuing said
order such as the failure of the order to
contain
the
summaries
of
the
testimonies
of
the
prosecution
witnesses including its findings and
conclusions.

Section 17. Bail, Where filed.

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The criminal case before the trial Judge

is the normal venue for invoking the
accuseds right to have provisional
liberty pending trial and judgment. The
original jurisdiction to grant or deny
bail rested with said court.

Remedy when bail is denied.

Where bail is denied by the trial court,

the remedy is a special civil action in
the CA and not in the SC, which should
moreover
be
filed
within
the
reasonable period of three (3) months
from the date of denial.

The period to file a special civil action

of certiorari is now sixty (60) days.

Section 18.
prosecutor.
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Notice

of

application

to

The rules of court make it a duty of a

movant to serve notice of his motion
on all parties concerned at least three
days before the hearing thereof.
When admission to bail is a matter of
discretion, the court must require that
reasonable notice of hearing of the
application for bail be given the fiscal.