BAIL shall, before conviction, be

RULE 114 OF RULES OF COURT bailable by sufficient sureties, or

be released on recognizance as
I. DEFINITION, NATURE AND may be provided by law. The right
PURPOSE OF BAIL to bail shall not be impaired even
A. Definition when the privilege of the writ of
- Bail is the security given for the habeas corpus is suspended.
release of a person in custody of the Excessive bail shall not be
law, furnished by him or a bondsman, required.
to guarantee his appearance before
any court as required under certain When bail is not allowed
specified conditions (Sec. 1, Rule 114, 1. A person charged with a
Rules of Court). capital offense, or an offense
punishable by reclusion
When right may be invoked; perpetua or life imprisonment,
by whom: shall be not admitted to bail
Bail is available only to persons in when evidence of guilt is strong
custody of the law. A person is in the regardless of the stage of the
custody of law when he has been criminal prosecution (Sec. 7,
either arrested or otherwise deprived Rule 114, Rules of Court).
of his freedom, or when he had
voluntarily submitted himself to the Bail in the military
jurisdiction of the court by The right to bail invoked has
surrendering to the proper authorities traditionally not been recognized and is
not available in the military, as an
(Dinapol v. Baldado A.M. No. RTJ-92- exception to the general rule embodied
898, Aug. 5, 1993) in the Bill of Rights. The right to a
speedy trial is given more emphasis in
Right to bail before the the military where the right to bail does
not exist. The unique structure of the
filing of charges military should be enough reason to
Any person under detention, even if no exempt military men from the
formal charges have yet been filed, constitutional coverage on the right to
can invoke the right to bail bail. (Comendador v. Villa, G.R. No.
(Teehankee v. Rovira, G.R. No. L-101, 93177, August 2, 1991)
December 20, 1945)
-It is personal in nature and is
Requiring arraignment therefore, waivable.
before grant of bail, not
valid (Lavides v. Court of C. Purpose:
Appeals, G.R. No. 129670, To guarantee the appearance of
February 1, 2000) a person before any court when
so required (Sec. 1, Rule 114,
B. Nature Rules of Court).
- The right to bail is a constitutional
right (Sec. 13, Article III, 1987 To honor the presumption of
Constitution of the Philippines). innocence until his guilt is
proven beyond reasonable
Section 13. All persons, except doubt
those charged with offenses
punishable by reclusion perpetua To enable him to prepare his
when evidence of guilt is strong, defense without being subject
 to punishment prior to (a) the full name and address of
conviction the accused

II. WHO MAY FURNISH BAIL? (b) the amount of the

1. Bail applicant himself
2. A bondsman
III. FORMS OF BAIIL
(a) Corporate surety (Sec. 10, Rule
114, Rules of Court.)
(b) Property bond- (Sec. 11, Rule
114, Rules of Court.)
(c) Cash deposit- (Sec 14, Rule 114,
Rules of Court.)
(d) Recognizance- (sec. 15, Rule
114, Rules of Court.)
IV. DURATION OF THE
UNDERTAKING
The undertaking shall be effective
upon approval, and unless cancelled,
shall remain in force at all stages of
the case until promulgation of the
judgment of the Regional Trial Court,
irrespective of whether the case was
originally filed in or appealed to it;
(Sec. 2(a), Rule 114, Rules of Court)
V. CONDITIONS OF THE BAIL
-Conditions set out in the Rules,
exclusive
The accused shall appear before
the proper court whenever
required by the court of these
Rules;
The accused shall appear before
the proper court whenever
required by the court of these
Rules;
The bondsman shall surrender
the accused to the court for
execution of the final judgment
undertaking and
(c) the conditions herein
required
(d) Photographs (passport size)
taken within the last six (6)
months showing the face, left
and right profiles of the accused
must be attached to the bail.
VI. EFFECTS OF FAILURE TO
APPEAR AT THE TRIAL
The failure of the accused to
appear at the trial without
justification and despite due
notice shall be deemed a waiver
of his right to be present
thereat. In such case, the trial
may proceed in absentia;
The bondsman may arrest the
accused for the purpose of
surrendering the accused. The
bondsman may also cause the
accused to be arrested by a
police officer or any other
person of suitable age and
discretion upon written
authority endorsed on a
certified copy of the
undertaking (Sec. 23, Rule 114,
Rules of Court).
VII. SECTION 3. NO RELEASE OR
TRANSFER EXCEPT ON COURT 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.
VIII. BAIL, A MATTER OF RIGHT

The original papers shall state:

-General Rule: all persons in custody
shall be admitted to bail as a matter of
right.
This rule applies to the following
situations (Sec. 4, Rule 114, Rules of
Court):
(a) before or after conviction by
the Metropolitan Trial Court,
Municipal Trial Court, Municipal
Trial Court in Cities, or Municipal
Circuit Trial Court;
(b) before conviction by the
Regional Trial Court of
-Exception: Offenses punishable by
death, reclusion perpetua, or life
imprisonment
VIII. BAIL WHEN DISCRETIONARY
Upon conviction by the Regional
Trial Court of an offense not
punishable by death, reclusion
perpetua, or life imprisonment
IX. WHERE APPLICATION FOR BAIL
IS TO BE FILED WHEN BAIL IS A
MATTER OF DISCRETION AND
AFTER CONVICTION BY THE
REGIONAL TRIAL COURT
1. The application for bail may be filed
and acted upon by the trial court even
if a notice of appeal has already been
filed provided that the trial court has
not yet transmitted the original record
to the appellate court (Sec. 5, Rule
114, Rules of Court).
2. If the decision of the RTC 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 court (Sec. 5, Rule 114,
Rules of Court).
X. 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 of reiteration;
(b) That he has previously escaped
from legal confinement, evaded
sentence, or violated the conditions of
his bail without valid justification;
(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.
**
The appellate court may, motu
proprio or on motion of any party,
review the resolution of the Regional
Trial Court after notice to the adverse
party in either case.
In an application for bail
pending appeal by an appellant
sentenced by the trial court to a
penalty of imprisonment for
more than six years, the
discretionary nature of the grant
of bail pending appeal does not
mean that bail should
automatically be granted
absent any of the circumstances
mentioned in the third
paragraph of Section 5, Rule
 114 of the Rules of Court (Jose
Antonio Leviste v. Court of
Appeals, et al., G.R. No.
189122, March 17, 2010)
SEC. 6. Capital offense, defined
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.
HOW IS THE CAPITAL NATURE OF
AN OFFENSE DETERMINED?
> The capital nature of the offense
is determined by the penalty
prescribed by law
> What is to be considered is prima
facie evidence, not the penalty that
may be imposed taking into account
modifying circumstances
SEC. 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 perpetua or
life imprisonment, shall be admitted to
bail when evidence of guilt is strong,
regardless of the stage of the criminal
prosecution. (7a)
SEC. 8. Burden of proof in bail
application.
At the hearing of an application
for bail filed by a person who is in
custody for the commission of an
offense punishable by death, reclusion
perpetua, or life imprisonment, the
prosecution has the burden of showing
that evidence of guilt is strong. 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. (8a)
MUST THE DEFENSE PRESENT ANY
EVIDENCE DURING THE HEARING
ON THE APPLICATION FOR BAIL?
> No, the burden of proof is upon the
prosecution to show that the evidence
of guilt of accused is strong
DUTIES OF THE TRIAL JUDGE IN
CASE AN APPLICATION FOR BAIL IS
FILED
1. Notify the prosecutor of the
hearing or require him to submit a
recommendation
2. Conduct a hearing
3. Decide whether the evidence of
guilt is strong based on the
summary of evidence of the
prosecution
4. If the guilt of the accused is
not strong, discharge the accused
upon the approval of the bail bond. If
evidence of guilt is strong, the petition
should be denied.
EVIDENT PROOF
Clear, strong evidence while leads a
well-grounded dispassionate judgment
to the conclusion that the offense has
been committed as charged, that the
accused is the guilty agent and that
he will probably be punished capitally
if the law is administered
PRESUMPTION GREAT
Exists when the circumstances
testified to are such that the inference
of guilt naturally to be drawn
therefrom is strong, clear and
convincing unbiased judgment and
excludes all reasonable probability of
any other conclusion
SEC. 9. Amount of bail; guidelines.
The judge who issued the warrant or
granted the application shall fix a
reasonable amount of bail considering
primarily, but not limited to, the
following factors:
(a) Financial ability of the accused to
give bail;
(b) Nature and circumstances of the
offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the
accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the
accused;
(g) Probability of the accused
appearing at the trial;
(h) Forfeiture of other bail;
(i) The fact that the accused was a
fugitive from justice when arrested;
and
(j) Pendency of other cases where the
accused is on bail.
Excessive bail shall not be required.
(9a)
WHAT DETERMINES IF BAIL IS
EXCESSIVE OR NOT? IS IT THE
AMOUNT?
> It doesn't depend on the amount
but is dependent on the
circumstances of the accused
particularly his financial capacity
WHAT IS THE REMEDY OF THE
ACCUSED IF HE IS DENIED BAIL?
> He should file a special civil action
in the Court of Appeals within 60 days
SEC. 10. Corporate surety.
Any domestic or foreign corporation,
licensed as a surety in accordance
with law and currently authorized to
act as such, may provide bail by a
bond subscribed jointly by the accused
and an officer of the corporation duly
authorized by its board of directors.
(10a)
CAN THE COURT REFUSE TO
ACCEPT A CORPORATE SURETY
AND REQUIRE INSTEAD THE
POSTING OF A CASH BOND?
> No, the trial court may not reject
otherwise acceptable sureties and
insist that the accused obtain his
provisional liberty only through a
cash bond
> The posting of the cash bond
would entail a transfer of assets
into the possession of the court, and
its procurement could work untold
hardship on the part of the accused as
to have the effect of altogether
denying the accuseds constitutional
right to bail.
Sec. 11 Property bond, how
posted.
What is Property Bond?
An undertaking constituted as a lien
on the real property given as security
for the amount of the bail.
Within ten (10) days from the approval
of the bond, the accused shall cause
the annotation on the certificate of
title on file with the Registry of Deeds.
If the land is unregistered, it is
annotated in the Registration Book on
the space provided therefore in the
Register of Deeds of the province or
city where the land lies.
Within the same period, the
accused shall submit his compliance
to the court. Failure to do so shall be
sufficient cause for the cancellation of
the property bond, his re-arrest, and
detention.
Who shall be the owner of the
property under the Property
Bond?
The bondsman must be the owner of
the property, otherwise, the petition
for bail shall be denied or the issued
bail order shall be revoked.
Sec. 12 Qualifications of sureties
in property bond.
What are the qualifications of sureties
in property bond?
1. Each must be a resident owner of
real estate within the Philippines
2. Where there is only one surety, his
real estate must be worth at least the
amount of the undertaking
3. If there are two or more sureties,
each may 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 the bail demanded.
In all cases, every surety must be
worth the amount specified in his own
undertaking over and above all just
debts, obligations and properties
exempt from execution.
Sec. 13 - Justification of sureties.
Every surety shall justify by affidavit
taken before the judge that he
possesses the qualifications prescribed
in the preceding section. He shall
describe the property given as surety,
stating the nature of his title, its
encumbrances, the number and
amount of bails entered into by him
and still undischarged, and his other
liabilities. The court may examine the
sureties upon oath concerning their
sufficiency in such manner, as it may
deem proper. No bail shall be
approved unless the surety is
qualified.
The purpose of the rule requiring the
affidavit of justification 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.
Sec. 14 - Deposit of cash as bail.
The accused or any person acting in
his behalf may deposit in cash with
the nearest collector of internal
revenue, or provincial, city or
municipal treasurer, or the clerk of
court where the case is pending, the
amount of bail fixed by the court or
recommended by the fiscal who
investigated or filed the case.
Can an accused be released without a
court order?
Yes, provided that they submit the
following:
1) Proper certificate of deposit and;
2) Written undertaking showing
compliance with requirements.
The money deposited shall be
considered as bail and applied to the
payment of fine and costs. The excess,
if any, shall be returned to the
accused or to whoever made the
deposit.
Sec 15 Recognizance
Whenever allowed by law or these
Rules, the court may release a person
in custody on his own recognizance or
that of a responsible person.
What is Recognizance?
Recognizance is an obligation of
record, entered into before some court
or officer duly authorized to take it,
with a condition to do some particular
act, the most usual condition in
criminal cases being the appearance
of the accused for trial.
(Please see the case of People of the
Philippines vs Abner G.R No. L-2508,
October 27,1950 for reference.)
The release of the accused may be on
his own recognizance, which means
that he has become his own jailer.
Sec 16 Bail, when not required;
reduced bail or recognizance
General rule: Bail is not required when
the law or the Rules of court so
provide.
Instances wherein the accused can be
released without putting bail:
When a person has been in
custody for a period equal to or
more than the possible
maximum imprisonment
prescribe for the offense
charged, he shall be released
immediately, without prejudice
to the continuation of the trial
or the proceedings on appeal.
Offense charged is violation of
an ordinance, light felony, or a
criminal offense the imposable
penalty does not exceed 6
months of imprisonment and/or
fine of 2,000 under RA 6036
Exceptions:
(a) Caught committing the
offense in flagrante
(b) When accused confesses to
the commission of the
offense unless he later
repudiates the same in a
sworn statement or in open
court as having been
extracted through force or
intimidation
(c) Found to have previously
escaped legal confinement,
evaded sentence, or jumped
bail
(d) Found to have violated Sec.
2 of RA 6036 which provides
that the violation of the
accused of the sworn
statement (required instead
of bail) shall justify the court
to order his immediate
arrest, if the accused failure
to report is not justified
(e) Accused is a recidivist or
habitual delinquent or has
been previously convicted
for an offense to which the
law/ordinance attaches an
equal/greater penalty or for
two/more offenses to which
it attaches a lighter penalty
(f) Accused committed the
offense while on parole or
under conditional pardon
(g) Accused has previously
been pardoned for violation
of municipal/city ordinance
for at least two times [Riano,
citing Sec. 1, RA 6036]
Where the accused applied for
probation and before the same
has been resolved but no bail
was filed or the accused is
incapable of filing one, in which
case he may be released on his
own recognizance.
In case of youthful offender held
for physical or mental
examination, trial, or appeal, if
unable to furnish bail and under
circumastances provided by P.D.
603.
A person accused of an offense
with a maximum penalty of
destierro shall be released after
30 days of preventive
imprisonment.
In cases filed with the
MTC/MCTC for an offense
 punishable by an imprisonment
of less than 4 yrs, 2mos. and 1
day, and the judge is satisfied
that there is no necessity for
placing the accused under
custody. [Riano, citing Sec. 8,
Rule 112]
On reduced bail or on his own
recognizance:
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.
Sec. 17 Bail, where filed
General rule : The application for bail
may be filed with the court where the
case is pending.
Exceptions:
(a) If the judge of the court where the
case is pending is absent or
unavailable, the application may be
filed with any RTC/MTC/MeTC/MCTC
judge in the province, city or
municipality.
(b) Where the accused is arrested in a
province, city/municipality other than
where the case is pending, the
application may be filed with any RTC
of the said place. If no judge is
available, then with any
MeTC/MTC/MCTC judge in the said
place. Judge who accepted the
application shall forward it, together
with the order of release and other
supporting papers where the case is
pending
(c) When a person is in custody but
not yet charged, he may apply with
any court in the province or
city/municipality where he is held.
(d) If the decision of the trial court
convicting the accused changed the
nature of the offense, from non-
bailable to bailable, the application of
bail can only be filed with and resolved
by the appelate court.
Note:
Where the grant of bail is a matter of
discretion, or the accused seeks to be
released on recognizance, the
application may only be filed in the
court where the case is pending, on
trial, or appeal.
A judge presiding in one branch has no
power to grant bail to an accused who
is being tried in another branch
presided by another judge, who is not
absent or unavailable, and his act of
releasing him on bail constitutes
ignorance of law which subjects him to
disciplinary sanctions.
Sec 18 Notice of application to
the prosecutor
Such notice is necessary because the
burden of proving that the evidence of
guilt is strong is on the prosecution
and that the discretion of the court in
admitting the accused to bail can only
be exercised after the fiscal has been
heard regarding the nature of the
evidence in his possession. (People vs
Raba G.R. N. L- 10724)
Sec 19 - Release on bail
Once the accused has been admitted
to bail, he is entitled to immediate
release from custody. An officer, who
fails or refused to release him from
detention notwithstanding the
approval by the proper court of his
bailbond, may be held liable under Art.
126 of the Revised Penal Code for
delaying release.
 1. Produce the body of the accused or
Sec 20 Increase or reduction of give the reasons for his non-
bail production; and

The Court may, upon good cause,
either increase or reduce the amount
of the bail.
The guidelines provided for in Sec. 9,
Rule 114, in fixing the amount of bail
are also applicable in reducing or
increasing the bail previously fixed.
2. Explain why the accused did not
appear before the court when first
required to do so.
If they fail to comply with these
requisites, the court shall render
judgment against the bondsmen
jointly or severally, for the amount
of the bail.

When the amount of bail is increased, If the bondsmen move for the
the accused may be committed to mitigation of their liability, the
custody if he does not give the court is not required to reduce or
increased amount within the otherwise mitigate the liability of
reasonable period. the bondsmen unless the accused
has been surrendered or is
Where the offense is bailable as a acquitted.
matter of right, the mere probability
that the accused will escaped, or even Judgment against the
if he had previously escaped under bondsmen cannot be entered
detention, does not deprive him of his unless such:
right to bail. The remedy is to increase 1) Preceded by an order of
the amount of the bail, provided such forfeiture.
amount would not be excessive. (Sy 2) An opportunity given to the
Guan vs Amparo,79 Phil. 670) bondsmen to produce the
accused.
Sec 21 Forfeiture of bail 3) To adduce satisfactory
reason for their inability to
When the presence of the do so.
accused is required by the Mendoza vs Alarma,
court or these rules, his 554 SCRA 42
bondsmen shall be notified to
produce him before the court After forfeiture, the court may
on a given date and time. issue a bench warrant for the
If he fails to appear in person arrest of the accused if he
as required, his bail shall be failed to appear in court
declared forfeited and the despite of notice.
bondsmen are given 30 days
BENCH WARRANT- is
within which to produce the
defined as a writ
accused and to show cause
issued directly by a
why no judgment should be
judge to a law
rendered against them for the
enforcement, for the
amount of the bail.
arrest of a person
who has been held in
2 Requirements the bondsmen must
contempt, has
within the period:
disobeyed a
subpoena, or has to
 appear at a trial or delivering it to such officer
hearing. ( sec. 9 rule or person.
71 of the rules of
court). Magleo vs De Sec 24 No bail after final
Juan Quinagoran judgment
A.M No. RTJ- 12-2336,
NOV 12, 2014 GENERAL RULE:
No bail shall be allowed after the
Sec 22 Cancellation of Bail; judgment has become final, as what is
Remedy left is for him to serve the sentence.
1) Upon application of the
bondsmen with due notice to EXCEPTION:
the prosecutor. When he has applied for
a) Upon surrender of the probation before
accused. commencing to serve
b) Proof of his death. sentence, the penalty and
the offense being with the
2) Automatic cancellation purview of the probation law.
a) Acquittal of the accused,
b) Dismissal of the case Sec 25 Court supervision of
c) Execution of the judgment detainees
of conviction.
Sec 23 Arrest of the accused out The court shall exercise
of bail supervision over all persons
in custody for the purpose of
The bondsmen who put the bail eliminating unnecessary
bond for the accused become detention.
the jailers and they or the The executive judges of RTCs
police officer to whom authority shall conduct monthly
is endorsed may arrest the personal inspections of
accused for the purpose of provincial, city or municipal
surrendering him to the court. jails and prisoners within
The accused cannot leave the their respective jurisdictions.
country without the permission
of the bondsmen and the court.
The bondsmen may be relieved Sec 26 Bail Is not a bar to
from the responsibility over the objection to objections on illegal
accused: arrest, lack or irregular
1) Arrest the principal and preliminary investigation.
deliver him to the proper
authorities. THE APPLICATION FOR ADMISSION
2) They may cause the arrest TO BAIL SHALL NOT BAR THE
of the accused to be made ACCUSED FROM:
by any police officer or 1) Challenging the validity of the
other person of suitable age arrest.
or discretion. 2) The legality of the warrant
3) By endorsing the authority issued therefore; or
to arrest upon a certified 3) From assailing the regularity or
copy of the undertaking and questioning the absence of a
 preliminary investigation pf the
charge against him.
Provided that the accused
raises them before entering his
plea.
The court shall observe the
matter as early as practicable,
but not later than the start of
the trial of the case.