ANNOTATION
THE RIGHT TO BAIL
By
ALICIA GONZALEZ-DECANO*
___________________
_______________
614
http://www.central.com.ph/sfsreader/session/000001618d2b16e6d0044a11003600fb002c009e/t/?o=False 1/9
2/13/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 647
“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.”
Bail is the surety himself. This is the original sense of the term
bail. In ancient law, if the accused absconded, the bail might suffer
in his place, since he was in effect a hostage. (Sibal, Philippine
Legal Encyclopedia, 1986, Central, p. 74)
Where a case is carried from a lower to a higher jurisdiction in
appeal of writ of error, bail for costs must be given, and not
infrequently it must be given to secure also the debt or damage
recovered in the lower jurisdiction in case the judgment there should
be sustained.
The defendant is usually entitled to be set at liberty in giving bail
unless charged with committing an offense punishable by death and
in some places and under some circumstances even in such cases,
the amount of bail is fixed by the judge having jurisdiction.
615
http://www.central.com.ph/sfsreader/session/000001618d2b16e6d0044a11003600fb002c009e/t/?o=False 2/9
2/13/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 647
616
§ 3. Purposes of Bail
Bail is never required by way of punishment or denied for the
purpose of punishing a person accused of crimes; nor is it the
functions of bail to prevent or license the commission of crime. (8
CJ 558) Admission to bail gives full fealty to the basic principles of
freedom, interest in our system, that an accused is presumed to be
innocent until his guilt is established by evidence beyond reasonable
doubt; it reconciles sound administration of justice with the right of
the accused to be free from harassment and confinement,
unhampered in the preparation of his defense and not subject to
punishment prior to conviction. (Dudley vs. United States, 242 F. 2d
565 cited by Pamaran, supra)
§ 4. Provisions of the Constitution on Bail
Under the 1987 Constitution, Article III, Section 3 reads:
http://www.central.com.ph/sfsreader/session/000001618d2b16e6d0044a11003600fb002c009e/t/?o=False 3/9
2/13/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 647
617
pan City, 515 SCRA 369; Pico vs. Combong, Jr., 215 SCRA 421)
Moreover, the right to bail only accrues when a person is arrested or
deprived of his liberty.
§ 5. Right to bail before the filing of charges
A person taken into custody of the law is entitled to bail even
before the complaint or information is filed against him. Indeed, if
the right to bail protects those already charged under a formal
complaint or information, there seems to be no legal reason for
denying its benefits to one as against whom the proper authorities
may not even yet conclude that there exists sufficient evidence of
guilt. (Herras Teehankee vs. Rovira, 75 Phil. 634)
§ 6. Conditions of the bail: Requirements
Section 2 of Rule 114 of 1985 Rules on Criminal Procedure
provides: “All kinds of bail are subject to the following conditions:
a. The undertaking shall be effective upon approval, and
unless cancelled, shall remain in full 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;
b. The accused shall appear before the proper court
whenever required by the court or these Rules;
c. 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; and
d. The bondsman shall surrender the accused to the court
for execution of the final judgment.
The original papers shall state the full name and address of the
accused, the amount of the undertaking and the condi-
618
http://www.central.com.ph/sfsreader/session/000001618d2b16e6d0044a11003600fb002c009e/t/?o=False 4/9
2/13/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 647
619
the trial court with the crime of murder, the court convicted him for
homicide. (Pamaran, supra)
When bail may be denied or cancelled. Bail may be denied:
a. If the penalty imposed by the trial court exceeds six (6) years
of imprisonment; and
b. When upon showing by the prosecution with notice to the
accused of the following and other similar reasons:
http://www.central.com.ph/sfsreader/session/000001618d2b16e6d0044a11003600fb002c009e/t/?o=False 5/9
2/13/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 647
620
http://www.central.com.ph/sfsreader/session/000001618d2b16e6d0044a11003600fb002c009e/t/?o=False 6/9
2/13/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 647
621
a poor man charged with a like offense. Where the right to bail exists, it
should not be rendered nugatory by requiring a sum that is excessive. The
amount should be high enough to assure the presence of defendant when
required but not higher than is reasonably calculated to fulfill this purpose. x
x x”
city or municipality other than where the case is pending, bail may
be filed with any RTC of said place, or if no judge thereof is
available, with any metropolitan trial judge, municipal trial judge or
municipal circuit trial judge or municipal circuit trial judge therein.
Criminal Case No. 9458 against Antonio Laurente, Jr. was filed with
the MTCC of Ormoc City but he was arrested in MATAG-OB,
Leyte. Since there was no RTC in Matag-Ob, respondent judge, as
Presiding judge of MCTC, Kamanga-Matag-Ob, was then
authorized under Rule 114 to approve the bail of Antonio Laurente,
Jr and order his release. x x x
622
“x x x The following are the rules outlining the duties of a judge in case
of application for bail is filed:
http://www.central.com.ph/sfsreader/session/000001618d2b16e6d0044a11003600fb002c009e/t/?o=False 8/9
2/13/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 647
http://www.central.com.ph/sfsreader/session/000001618d2b16e6d0044a11003600fb002c009e/t/?o=False 9/9