People v.

Cawaling
G.R. 157147
April 17, 2009
Cawaling was charged with murder in an information:
◈ Regional Trial Court convicted Cawaling only
as an accomplice to the crime of homicide
◈ Court of Appeals, however, convicted
Cawaling of murder
 ISSUE
Whether or not the property bond may be
replaced with a cash bond?
NO!
◈ Section 22.
“
Cancellation of bail. —
Upon application of the bondsmen,
with due notice to the prosecutor, the
bail may be cancelled upon surrender
of the accused or proof of his death.

◈ The bail shall be deemed automatically

cancelled upon acquittal of the
accused, dismissal of the case, or
execution of the judgment of
conviction.

◈ In all instances, the cancellation shall

be without prejudice to any liability on
◈ Section 22.
“
Cancellation of bail. —
Upon application of the bondsmen,
with due notice to the prosecutor, the
bail may be cancelled upon surrender
of the accused or proof of his death.

◈ The bail shall be deemed automatically

cancelled upon acquittal of the
accused, dismissal of the case, or
execution of the judgment of
conviction.

◈ In all instances, the cancellation shall

be without prejudice to any liability on
 RULING:
With the conviction of Cawaling for murder, and the
Court's failure to execute the judgment of conviction
because of Cawaling's flight, the motion must be
denied. The posted property bond cannot be cancelled,
much less withdrawn and replaced with a cash bond by
movant Cruz, unless Cawaling is surrendered to the
Court, or adequate proof of his death is presented.