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BAIL AS A MATTER OF
DISCRETION
Category: Criminal Procedure

Bail As A Matter Of Discretion

Sec. 5. Bail, when discretionary. – Upon conviction by the Regional Trial Court 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. However, if the decision of the trial court conviction 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.

Should the court grant the application, the accused may be allowed to continue on provisional
liberty during the pendency of the appeal under the same bail subject to the
consent of the
bondsman.

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.

IF THE ACCUSED IS CONVICTED IN THE RTC FOR

AN OFFENSE WITH LESS THAN 6 YEARS OF
IMPRISONMENT, IS BAIL A MATTER OF RIGHT OR OF
DISCRETION?
> It is matter of discretion
> Bail after conviction in the RTC for an offense not punishable by a
capital punishment is a matter of discretion

IF THE ACCUSED IS CONVICTED IN THE RTC FOR

AN OFFENSE PUNISHABLE FROM 6 TO 8 YEARS, IS BAIL
A MATTER OF RIGHT OR OF DISCRETION?
> It is neither a matter of right nor a matter of discretion. Why? It should be denied due to the high flight
risk.

WHEN CAN THE PROSECUTION MOVE FOR THE

CANCELLATION OR DENIAL OF BAIL OF THE ACCUSED?
> If the penalty imposed by the court is imprisonment for more than 6 years, the prosecution may move
for the denial or cancellation of the bail of the accused, with notice to the accused, upon showing
of the following circumstances:

1. That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime

aggravated by the circumstance of reiteration;
2. That he has previously escaped from legal confinement, evaded sentence, or violated the
conditions of his bail without valid justification;
3. That he committed the offense while under probation, parole, or conditional pardon;
4. That the circumstances of his case indicate the probability of flight if released on bail; or
5. That there is undue risk that he may commit another crime during the pendency of the
appeal.

WHEN MAY A PERSON BE NOT ADMITTED TO BAIL?

> When the evidence of guilt is strong, a person shall not be admitted to bail if charged with a
capital offense, or when charged with an offense that under the law is punishable with reclusion
perpetua at the time of the commission of the offense and at the time of application for bail

WHEN IS A BAIL HEARING NECESSARY?

> The present rules provide that a bail hearing is mandatory on granting bail, whether it is a
matter of right or of discretion
> Even in cases where there is no petition for bail, a hearing should still be had
> It is incumbent upon the prosecution to show evidence of guilt is strong. Even if there is absence
or refusal, court shall still conduct a hearing.

IF PROSECUTOR REFUSES, WHAT EVIDENCE

SHOULD BE USED BY THE COURT?
> If the prosecutor refuses to cooperate, the evidence that should be used by the court is the
evidence found in the information, complaint or even the records of the case or preliminary
investigation conducted

CAN THE COURT MOTU PROPIO GRANT BAIL EVEN IF

THERE IS NO APPLICATION?
> No.

WHAT IS REQUIRED OF THE JUDGE WHO DENIES AN

APPLICATION FOR BAIL?
> The order denying bail issued by the judge should contain a summary of the evidence
presented and the reason for the denial, otherwise, it shall be void
> The reason is that there is a need for clear grounds before a person can be denied his liberty
> This is to safeguard the constitutional right to presumption of innocence

IF THERE IS A POSSIBILITY THAT THE ACCUSED

WOULD JUMP BAIL, WHAT CAN THE COURT DO?
1. Increase the amount of the bail
2. Require periodic reports of the accused to court
3. Warn the accused that should he jump bail, the trial may proceed in absentia

BAIL, WHERE FILED

Category: Criminal Procedure

Bail, Where Filed

Sec. 17. Bail, where filed. – (a) Bail in the amount fixed may be filed with the court where the case
is pending, or in the absence or unavailability of the judge thereof, with any regional trial judge,
metropolitan trial judge, municipal trial judge, or municipal circuit trial judge in the province,
city or municipality. If the accused is arrested in a province, city, or municipality other
than where the case is pending, bail may also be filed with any regional trial court of said
place, of if no judge thereof is available, with any metropolitan trial judge, municipal trial
judge, or municipal circuit trial judge therein.

(b) 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,
whether on preliminary investigation, trial, or appeal.
Any person in custody who is not yet charged in court may apply for bail with any court in the
province, city, or municipality where he is held.

AS A GENERAL RULE, WHERE SHOULD BAIL BE FILED?

> It may be filed with the court where the case is pending. In the absence of the judge thereof, bail
may be filed with any RTC or MTC judge in the province, city or municipality.
> If the accused is arrested in a province, city or municipality other than where the case is pending,
bail may also be filed with the RTC of said place, or if no judge is available, with any MTC judge
therein
> But where bail is a matter of discretion or where the accused seeks to be released on
recognizance, bail may only be filed in the court where the case is pending
> Any person in custody not yet charged may apply for bail with any court in the province, city or
municipality where he is held

WHERE SHOULD ONE POST BAIL IF HE HASN'T

BEEN CHARGED YET?
> In the RTC of the place where he is in custody. In the absence of RTC, in the MTC.

WHAT SITUATIONS ARE CONTEMPLATED UNDER THIS

SECTION?
> First, the accused is arrested in the same province, city or municipality where his case is
pending
> Second, the accused is arrested in the province, city or municipality other than where his
case is pending

MAY A JUDGE ISSUE A BAIL BOND FOR CASES

NOT PENDING IN HIS SALE OR ARE OUTSIDE HIS
JURISDICTION CONTENDING THAT IT WAS DONE
MAINLY IN GOOD FAITH INTERPRETATION AND
APPLICATION OF THE RULES?
> No, a judge cannot shield himself from the consequence of his persistent deviant activities by
the simple invocation of good fatih and the supplication that he was only moved by pity for the poor
and forsaken accused
> A judge’s jurisdiction is confined to that over which he presides
> Therefore to approve bail applications and issue corresponding release order in cases pending
in courts outside his territorial jurisdiction, particularly so where the accused are detained thereat
and not in his jurisdiction and therefore cannot personally appear before him as required, constitute
ignorance of the law so gross as to amount to incompetence and even corruption