allowed to remain free on his original bail
pending the resolution of his appeal,
ADMINISTRATIVE CIRCULAR NO.
2-92
January 20, 1992
TO: ALL REGIONAL TRIAL COURT PRESIDING
JUDGES, THE INTEGRATED BAR OF THE PHILIPPINES,
THE NATIONAL PROSECUTION SERVICE,
DEPARTMENT OF JUSTICE
RE: CANCELLATION OF BAIL BOND OF ACCUSED
CONVICTED OF CAPITAL OFFENSE IN THE REGIONAL
TRIAL COURT
Strict observance by all concerned is enjoined with
the following policies and guidelines laid down in
the Resolution of the Court promulgated on
October 15, 1991 in G.R. No. 92560 entitled "People
v. Ricardo C. Cortez," relative to the application of
Section 3, Rule 114 of the 1985 Rules on Criminal
Procedure, to wit:
The basic governing principle on the right of the
accused to bail is laid down in Section 3 of Rule 114
of the 1985 Rules on Criminal procedure, as
amended, which provides.
Sec. 3. Bail, a matter of right; exception.
— All persons in custody, shall before final
conviction, be entitled to bail as a matter
of right, except those charged with a
capital offense or an offense which, under
the law at the time of commission and at
the time of application for bail punishable
by reclusion perpetua, when evidence of
guilt is strong.
Pursuant to the aforecited provision, an accused
who is charged with a capital offense or an offense
punishable by reclusion perpetua, shall no longer be
entitled to bail as a matter of right even if he
appeals the case to this Court since his conviction
clearly imports that the evidence of his guilt of the
offense charged is strong.
Hence, for the guidance of the bench and bar with
respect to future as well as pending cases before
the trial courts, this Court en banc lays down the
following policies concerning the effectivity of the
bail of the accused, to wit:
(1) When an accused is charged with an
offense which under the law existing at the
time of its commission and at the time of
the application for bail is punishable by a
penalty lower than reclusion perpetua and
is out on bail, and after trial is convicted by
the trial court of the offense charged or of
a lesser offense than that charged in the
complaint or information, he may be
unless the proper court directs otherwise
pursuant to Rule 114, Sec. 2(a) of the Rules
of Court, as amended;
(2) When an accused is charged with a capital
offense or an offense which under the law
at the time of its commission and at the
time of the application for bail is
punishable by reclusion perpetua and is
out on bail, and after trial is convicted by
the trial court of a lesser offense than that
charged in the complaint or information,
the same rule set forth in the preceding
paragraph shall be applied;
(3) When an accused is charged with a capital
offense or an offense which under the law
at the time of its commission and at the
time of the application for bail is
punishable by reclusion perpetua and is
out on bail and after trial is convicted by
the trial court of the offense charged, his
bond shall be cancelled and the accused
shall be placed in confinement pending
resolution of his appeal.
As to criminal cases covered under the third rule
abovecited, which are now pending appeal before
this Court where the accused is still on provisional
liberty, the following rules are laid down:
(1) This Court shall order the bondsman to
surrender the accused within ten (10) days
from notice to the court of origin. The
bondsman thereupon, shall inform this
Court of the fact of surrender, after which,
the cancellation of the bond shall be
ordered by this Court;
(2) The RTC shall order the transmittal of the
accused to the National Bureau of Prison
thru the Philippine National Police as the
accused shall remain under confinement
pending resolution of his appeal;
(3) If the accused-appellant is not
surrendered within the aforesaid period of
ten (10) days, his bond shall be forfeited
and an order of arrest shall be issued by
this Court. The appeal taken by the
accused shall also be dismissed under
Section 8, Rule 124 of the Revised Rules of
Court as he shall be deemed to have
jumped his bail.
 authority of a responsible citizen in the community
who may be willing to accept the responsibility. In
such a case the affidavit herein mentioned shall
REPUBLIC ACT No. 6036 include a statement of the person charged that he
binds himself to accept the authority of the citizen
AN ACT PROVIDING THAT BAIL SHALL NOT, WITH
so appointed by the Court. The Clerk of Court shall
CERTAIN EXCEPTIONS, BE REQUIRED IN CASES OF
immediately report the presence of the accused
VIOLATIONS OF MUNICIPAL OR CITY ORDINANCES
person to the Court. Except when his failure to
AND IN CRIMINAL OFFENSES WHEN THE
report is for justifiable reasons including
PRESCRIBED PENALTY FOR SUCH OFFENSES IS NOT
circumstances beyond his control to be determined
HIGHER THAN ARRESTO MAYOR AND/OR A FINE OF
by the Court, any violation of this sworn statement
TWO THOUSAND PESOS OR BOTH.
shall justify the Court to order his immediate arrest
Section 1. Any provision of existing law to the unless he files bail in the amount forthwith fixed by
contrary notwithstanding, bail shall not be required the Court.
of a person charged with violation of a municipal or
city ordinance, a light felony and/or a criminal
offense the prescribed penalty for which is not Section 3. This Act shall apply to all person who, at
higher than six months imprisonment and/or a fine the time of its approval, are under temporary
of two thousand pesos, or both, where said person detention for inability to post bail for charges
has established to the satisfaction of the court or contemplated by Section 1 above.
any other appropriate authority hearing his case Section 4. This Act shall take effect upon its
that he is unable to post the required cash or bail approval.
bond, except in the following cases:
(1) When he is caught committing the offense Approved: August 4, 1969
in flagranti;
(2) When he confesses to the commission of
the offense unless the confession is later
repudiated by him in a sworn statement or
in open court as having been extracted
through force or intimidation;
(3) When he is found to have previously
escaped from legal confinement, evaded
sentence, or jumped bail;
(4) When he is found to have previously
violated the provisions of Section 2 hereof;
(5) When he is found to be a recidivist or a
habitual delinquent or has been previously
convicted for an offense to which the law
or ordinance attaches an equal or greater
penalty or for two or more offenses to
which it attaches a lighter penalty;
(6) When he commits the offense while on
parole or under conditional pardon; and
(7) When the accused has previously been
pardoned by the municipal or city mayor
for violation of municipal or city ordinance
for at least two times.
Section 2. Instead of bail, the person charged with
any offense contemplated by Section 1 hereof shall
be required to sign in the presence of two
witnesses of good standing in the community a
sworn statement binding himself, pending final
decision of his case, to report to the Clerk of the
Court hearing his case periodically every two weeks.
The Court may, in its discretion and with the
consent of the person charged, require further that
he be placed under the custody and subject to the
Republic Act No. 9344
AN ACT ESTABLISHING A COMPREHENSIVE
JUVENILE JUSTICE AND WELFARE SYSTEM,
CREATING THE JUVENILE JUSTICE AND WELFARE
COUNCIL UNDER THE DEPARTMENT OF JUSTICE,
APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES

SEC. 34. Bail. - For purposes of recommending the

amount of bail, the privileged mitigating
circumstance of minority shall be considered.
SEC. 35. Release on Recognizance. - Where a child
is detained, the court shall order:
(1) the release of the minor on recognizance
to his/her parents and other suitable
person;
(2) the release of the child in conflict with the
law on bail; or
(3) the transfer of the minor to a youth
detention home/youth rehabilitation
center.
The court shall not order the detention of a child in
a jail pending trial or hearing of his/her case.
SEC. 36. Detention of the Child Pending Trial. -
Children detained pending trial may be released on
bail or recognizance as provided for under Sections
34 and 35 under this Act. In all other cases and
whenever possible, detention pending trial may be
replaced by alternative measures, such as close
supervision, intensive care or placement with a
family or in an educational setting or home.
Institutionalization or detention of the child
pending trial shall be used only as a measure of last
resort and for the shortest possible period of time.
Whenever detention is necessary, a child will always
be detained in youth detention homes established
by local governments, pursuant to Section 8 of the
Family Courts Act, in the city or municipality where
the child resides.
In the absence of a youth detention home, the child
in conflict with the law may be committed to the
care of the DSWD or a local rehabilitation center
recognized by the government in the province, city
or municipality within the jurisdiction of the court.
The center or agency concerned shall be
responsible for the child's appearance in court
whenever required.