RULE 114

BAIL
PREPARED BY:
ATTY. MELENCIO S. FAUSTINO
SECTION 1
• What is bail?
• 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.
• When is a person in the custody of the law?
• A person is in the custody of law when he has been either arrested or otherwise deprived of his freedom or
when he has voluntarily submitted himself to the jurisdiction of the court by surrendering to the proper
authorities.
• When bail may be availed?
• All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be
provided by law (Section 13, Article III, 1987 Constitution).
• What are the forms of bail?
• Bail may be in the form of:
• corporate surety
• property bond
• cash deposit
• recognizance
SECTION 1
• What is baibond?
• An obligation under seal given by the accused with one or more sureties, and made
payable to the proper officer with the condition to be void upon performance by the
accused of such acts as he may legally be required to perform.
• What is recognizance?
• Recognizance is an obligation of record, entered into before a court or magistrate
duly authorized to take it, with the condition to do some particular act, the most
usual condition in criminal cases being the appearance of the accused for trial.
• May witnesses be required to post bail?
• Prosecution witnesses may also be required to post bail to ensure their appearance
at the trial of the case where:
• there is a substitution of information (Sec. 4, Rule110), and
• where the court believes that a material witness may not appear at the trial (Sec. 14, Rule
119).
SECTION 2
• What are the condition of bail?
• 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
RTC, irrespective of whether the case was originally filed in or appealed to it;
• The accused shall appear before the proper courts whenever so required by the
court or these Rules;
• The failure of the accused to appear at the trial without justification 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 shall surrender the accused to court for execution of the final
judgment.
• Note: No additional conditions can be imposed.
SECTION 2
• What is the consequence if the detention prisoner escaped?
• A detention prisoner who escaped waives his right to cross-examination
(Jimenez v. Nazareno).
• What is the result of filing a fake bail bond?
• By filing a fake bail bond, an appellant is deemed to have escaped from
confinement during the pendency of his appeal and in the normal course of
things, his appeal should be dismissed.
SECTION 3
• When may a detention prisoner be released?
• 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 (Sec. 3).
SECTION 4
• When is bail a matter of right?
• In the MTC, it is a matter of right before or after conviction, regardless of the
offense.
• In the RTC, it is a matter of right before conviction, except for offenses
• punishable by death
• reclusion perpetua, or life sentence and the evidence of guilt is strong.
SECTION 4
• When does a hearing on petition for bail is not necessary?
• In instances where bail is a matter of right and the bail to be granted is based
on the recommendation of the prosecution as stated in the information or
complaint, a hearing is NOT necessary.
• But where, however, there is a reduction of bail as recommended or after
conviction by the RTC of an offense not punishable by death, reclusion
perpetua, or life imprisonment wherein the grant of bail is discretionary,
there must be a hearing before a bail is granted in order to afford the
prosecution the chance to oppose it (Bangayan vs. Butacan, 345 SCRA 301).
SECTION 4
• Can the prosecution adduce evidence during hearing for bail?
• The prosecution cannot adduce evidence for the denial of bail where it is a
matter of right.
• However, where the grant of bail is discretionary, the prosecution may show
proof to deny the bail.
• Is an antraditee entitled to bail?
• An extraditee is not entitled to bail. The Constitutional provision on Bail as
well as Sec. 4 of Rule 114 applies only when a person has been arrested and
detained for violation of Philippine Criminal laws. It does not apply to
extradition proceedings because extradition courts do not render judgments
of conviction or acquittal (Govt. of US vs. Judge Purganan, Sept. 24,
2002).
SECTION 4
• Is an antraditee entitled to bail?
• Bail may be granted to a possible extraditee only upon a clear and convincing showing (1) that he
will not be a flight risk or a danger to the community; and (2) that there exist special,
humanitarian and compelling circumstances. (Rodriguez, et al. vs. The Hon. Presiding Judge, RTC,
Manila Branch 17, et al., supra.).
• In Mejoff v. Director of Prison and Chirskoff v. Commission of Immigration, 90 Phil. 256 (1951), it
was ruled that foreign nationals against whom no formal criminal charges have been filed may be
released on bail pending the finality of an order of deportation. The Court of Mejoff relied upon
the Universal Declaration of Human Rights in sustaining the detainee’s right to bail.
• If bail can be granted in deportation cases, there is no justification why it should not also be
allowed in extradition cases. Likewise, considering that the Universal Declaration of Human
Rights applies to deportation cases, there is no reason why it cannot be invoked in extradition
cases. After all, both are administrative proceedings where the innocence or guilt of the person
detained is not in issue. (Hongkong Special Administrative Region v. Hon. Olalia, et al., supra.).
• Clearly, the right of a prospective extraditee to apply for bail in this jurisdiction must be viewed in
the light of the various treaty obligations of the Philippines concerning respect for the promotion
and protection of human rights. Under these treaties, the presumption lies in favor of human
liberty. Thus, the Philippines should see to it that the right to liberty of every individual is not
impaired.
SECTION 5
• When bail is a matter of discretion?
• Discretionary AFTER conviction by the RTC of an offense NOT punishable by death, reclusion perpetua or life imprisonment
• Upon finality of the decision with the penalty is 6 years below and the accused applied for probation
• What are the rules on the availability of bail?
• Regardless of stage of the criminal prosecution, NO BAIL shall be allowed if the accused is charged with a capital offense or an offense
punishable by reclusion perpetua AND the evidence of guilt is strong (Sec. 7);
• Before and after conviction by the MTC, Municipal Trial Court or MCTC, bail is a matter of right (Sec.4).
• Before conviction by the RTC whether in the exercise of its original or appellate jurisdiction, bail is a matter of right. (Sec.4)
• Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment, admission to bail is discretionary
(Sec. 5);
• After conviction by the RTC wherein a penalty of imprisonment exceeding 6 but not more than 20 years is imposed, and not one of the
circumstances below is present and proved, bail is a matter of discretion (Sec.5).
• Recidivism, quasi-recidivism or habitual delinquency or commission of crime aggravated by the circumstances of reiteration.
• Previous escape from legal confinement, evasion of sentence or violation of the conditions of bail without valid justification.
• Commission of the offense while on probation, parole or under conditional pardon
• Circumstance of the accused or his case indicates the probability of flight if released on bail
• Undue risk of commission of another crime by the accused during pendency of appeal.
• After conviction by the RTC imposing a penalty of imprisonment exceeding 6 years but not more than 20 years and any of the circumstance
enumerated above and other similar circumstance is present and proved, NO BAIL shall be granted (Sec.5);
• After judgment has become final unless accused applied for probation before commencing to serve sentence of penalty and offense within
purview of probation law (Sec. 24).
SECTION 5
Habitually Recidivism Habitual recidivism Quasi-recidivism

As to first offense
Necessary that the Enough that final Offenses done Offense done before
offender shall have judgment has been within a period beginning to serve
served his sentence rendered in the first of ten years from or while serving a
for his first offense offense release or last sentence for a
conviction previous conviction
or felony
As to the kind of offenses involved
Previous and Requires that the Must be less Any felony
subsequent offenses offenses be in the or serious physical
must not be in the same title of the injuries, estafa,
same title of the RPC RPC falsification or theft
Type of Aggravating Circumstance
Generic Generic Extraordinary Special
SECTION 5
• The Four Types of Repetition
• Recidivism - Where a person, on separate occasions, is convicted of two offenses
embraced in the same title in the Revised Penal Code. This is a generic aggravating
circumstance
• Reiteration - Where the offender has been previously punished for an offense to
which the law attaches an equal or greater penalty or for two crimes to which it
attaches a lighter penalty. This is a generic aggravating circumstance.
• Habitual Delinquency - Where a person within a period of ten years from the date
of his release or last conviction of the crimes of less or serious physical injuries,
estafa, falsification or theft, is found guilty is found guilty of the same crimes for
three times or more. This is an extraordinary aggravating circumstance.
• Quasi-Recidivism - Where the person commits a felony before beginning to serve
or while serving a sentence on a previous conviction or felony. This is a special
aggravating circumstance.
SECTION 6
• What is capital offense?
• An offense which, under the law existing at the time of its commission AND at
the time of the application to be admitted to bail, may be punished with
death.
• Imposition of death penalty is now suspended pursuant to Republic Act No.
9346, An Act Prohibiting The Imposition of Death Penalty in the Philippines.
• In lieu of the death penalty, the following shall be imposed.
• the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of
the penalties of the Revised Penal Code; or
• the penalty of life imprisonment, when the law violated does not make use of the
nomenclature of the penalties of the Revised Penal Code
SECTION 7
• What are offenses not bailable.
• Capital offense or those punishable by reclusion perpetua, life imprisonment
or death are NOT BAILABLE when evidence of guilt is strong.
• Is there an exception?
• Yes. If the accused charged with a capital offense is a minor.
SECTION 8
• What is the nature of hearing in application for bail?
• The hearing should be summary or otherwise in the discretion of the court but the
right of the prosecution to control the quantum of evidence and the order of
presentation of witnesses must be equated with the purpose of the hearing – to
determine the bailability of the accused.
• Who has the burden of proof?
• The burden of proving that the evidence of guilt is strong lies within the fence of the
prosecution. (Comia vs. Antona, 337 SCRA 656)
• What is the test in determining the guilt is strong?
• Evidence of guilt is strong when proof is evident or the presumption of guilt is strong.
The test is NOT whether the evidence establishes guilt beyond reasonable doubt but
rather whether it shows evident guilt or a great presumption of guilt.
SECTION 9
• What are the factors to be considered in fixing the amount of bail
• Financial ability of the accused to give bail;
• Nature and circumstances of the offense;
• Penalty for the offense charged;
• Character and reputation of the accused;
• Age and health of the accused;
• Weight of evidence against the accused;
• Probability of the accused appearing at the trial;
• Forfeiture of other bail;
• The fact that the accused was a fugitive from justice when arrested; and
• Pendency of other cases when the accused is on bail
Note: Bail must not be in a prohibitory amount. Excessive bail is not to be required for
the purpose of preventing the accused from being admitted to bail.
SECTION 10
• What is 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.
• Can the court refuse to accept a corporate surety and required instead the
posting of 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 accused’s constitutional right to bail
• On the other hand, a surety bond may be obtained by the accused by the payment of a
relatively small premium. A surety or property bond doesn't require an actual financial
outlay on the part of the bondsman or property owner.
SECTION 11
• What is property bond?
• It is an undertaking constituted as a lien on the real property given as security
for the amount of the bail
• How property bond is posted?
• It is required that the annotation of a lien on the land records of the property
posted as bail, otherwise the property bail bond shall be cancelled.
SECTION 12
• What are the qualifications of surety in property bond?
• Philippine residency is required of a property bondsman;
• The reason for this is that bondsmen in criminal cases, residing outside of the
Philippines, are not within the reach of the processes of its courts (Villaseñor vs. Abano,
21 SCRA 312)
• Where there is only one surety, his real estate must be worth at least the
amount of undertaking;
• 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.
Note: 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.
SECTIONS 13, 14 & 15
• What is the purpose of requiring the affidavit of qualification?
• The purpose of the rule requiring the affidavit of qualification 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.
• The justification being under oath, any falsity introduced thereto by the surety upon
a matter of significance would render him liable for perjury
• What is the advantage of depositing cash bail?
• Accused shall be discharged from custody as it is considered as bail.
• What is recognizance?
• An obligation of record, entered into before some court or officer authorized to take
it with a condition to do some particular act and the accused is often allowed to
obligate himself to answer the charge.
SECTION 16
• What are the instances wherein the accused may be released on
recognizance, without putting bail or on reduced bail?
• Can be released without bail:
• Offense charged is violation of an ordinance, light felony or a criminal offense, the
imposable penalty wherefore does not exceed 6 months of imprisonment and/or fine of
P 2,000 under R.A.6036
• Where the accused has 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 recognizance
• In case of a youthful offender held for physical or mental examination, trial or appeal,
if unable to furnish bail and under the circumstances under PD 603, as amended
SECTION 16
• 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 reduced bail or on his own recognizance.
SECTION 17
• Where to file bail?
• May be filed with the court where the case is pending, or in the absence or
unavailability of the judge thereof, with another branch of the same court
within the province or city.
• Whenever the grant of bail is a matter of discretion, or the accused seeks to
be released on recognizance, the application therefor may be filed only in the
particular court where the case is pending, whether for 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.
SECTION 18 & 19
• Why notice of application to prosecutor is necessary?
• 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, 130 Phil. 384)
• What is the liability of an officer to immediately release the
accessed admitted to bail?
• Once the accused has been admitted to bail, he is entitled to immediate
release from custody. An officer who fails or refuses to release him from
detention notwithstanding the approval by the proper court of his bailbond,
may be held liable under Article 126 of the Revised Penal Code for delaying
release.
SECTION 20
• What are the factors in the Increase or reduction of bail.
• The guidelines provided for in Section 9, Rule 114, in fixing the amount of bail
are also applicable in reducing or increasing the bail previously fixed.
• Where the offense is bailable as a matter of right, the mere probability that
the accused will escape, or even if he had previously escaped while under
detention, does not deprive him of his right to bail. The remedy is to increase
the amount of the bail, provided such amount would not be excessive. (Sy
Guan vs. Amparo, 79 Phil. 670)
SECTION 21
• What is the obligation of bondsmen when the accused failed to
appear as required?
• Within 30 days from the failure of the accused to appear in person as
required, the bondsmen must:
• PRODUCE the body of their principal or give the reason for his non-
production; AND
• EXPLAIN why the accused did not appear before the court when first required
to do so.
Note: The 30-day period granted to the bondsmen to comply with the
two requisites for the lifting of the order of forfeiture cannot be
shortened by the court but may be extended for good cause shown.
SECTION 21
• What is the distinction between order of forfeiture and order of
confiscation?
• an ORDER OF FORFEITURE is conditional and interlocutory, there
being something more to be done such as the production of the
accused within 30 days as provided by the rules an order of forfeiture
is not appealable
• an ORDER OF CONFISCATION is not independent of the order of the
order of forfeiture. It is a judgment ultimately determining the liability
of the surety thereunder, and therefore final and execution may issue
at once
SECTION 22
• What are the instances when bail bond can be cancelled?
• upon application by the bondsman with notice to the fiscal and upon
surrender of the accused; and
• upon proof that the accused died.
• Note: The bail bond is automatically cancelled upon the acquittal of
the accused or dismissal of the case or execution of the final order of
conviction, without prejudice to any liability on the bond incurred
prior to their discharge.
SECTION 22
• What are the methods by which sureties may be relieved
themselves from responsibilities?
• Arrest the principal and deliver him to the proper authorities;
• They may cause his arrest to be made by any police officer or other person of
suitable age or discretion; or
• By endorsing the authority to arrest upon a certified copy of the undertaking
and delivering it to such officer or person
SECTION 23
• What is the consequence if the accused on bail attempts to
go abroad without court approval?
• An accused released on bail may be re-arrested without a warrant if
he attempts to depart from the Philippines without prior permission
of the court where the case is pending.
SECTION 24
• What are exemption to no bail after final judgment?
• GENERAL RULE:
• The finality of the judgment terminates the criminal proceeding. Bail becomes of no avail. The
judgment contemplated is a judgment of conviction. The judgment is final if the accused does
not appeal the conviction.
• No bail shall be granted after judgment, if the case has become final even if continued
confinement of the accused would be detrimental or dangerous to his health. The remedy
would be to submit him to medical treatment or hospitalization.
• EXCEPTION:
• If the accused applies for probation he may be allowed temporary liberty under his existing
bail bond, or if no bail was filed, or is incapable of filing one, he may be released on
recognizance to the custody of a responsible member of the community
• The application for probation must be filed within the period of perfecting an appeal. Such
filing operates as a waiver of the right to appeal. The accused in the meantime, is entitled to
be released on bail or recognizance. (Sec. 4, PD 968, as amended)
SECTIONS 25 & 26
• What is the Constitutional provision that guarantees the protection of
prisoner/detainee?
• Section 19(2), Article III, 1987 Constitution, that is, the employment of physical,
psychological or degrading punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman conditions shall be dealt
with by law
• Is bail a bar to objection on illegal arrest, lack of or irregular preliminary
investigation?
• An application for or admission to bail shall not bar the accussed
• from challenging the validity of his arrest OR
• legality of the warrant issued therefore, OR
• from assailing the regularity or questioning the absence of preliminary investigation of the
charge against him, PROVIDED, he raises them before entering his plea.
SECTION 26
• When can the prosecution move for the cancellation or denial of bail of the accused?
• If the penalty imposed by the trial court is imprisonment greater than 6 years, the prosecution
may move for denial or cancellation of the bail of the accused, with notice to the accused, upon
showing of the following circumstances:
• That he is a recidivist, quasi-recidivist, habitual delinquent, or committed the offense with the
aggravating circumstance of reiteracion.
• The he has previously escaped from legal confinement, evaded sentence, or violated the
conditions of his bail without valid justification.
• That he committed the offense while on probation, parole or conditional pardon
• That the circumstances of his case indicate the probability of flight if released on bail; or
• That there is undue risk that he may commit another crime during the pendency of the appeal.
• When is a bail hearing necessary?
• Bail hearing is mandatory when bail is a matter of discretion. It is incumbent upon the
prosecution to show that the evidence of guilt is strong. Even if the prosecution is absent or
refuses to present evidence, the court cannot grant bail without conducting a hearing. The court
must first be convinced that the evidence does not warrant the denial of bail.