Behind Bars: Requirements of Bail in the Philippines

BAIL

One of the constitutional rights of the accused is the right to be presumed innocent. With the right to be presumed innocent comes the right of the accused to bail. Bail is defined under Section 1, Rule 114 of the Revised Rules of Criminal Procedure as 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. 

RULE ON THE RIGHT TO BAIL

As a general rule, all persons shall before conviction have the right to the following:

1. Bail by sufficient sureties; or
2. Be released on recognizance as may be provided by law;
3. Such right shall not be impaired even when the privileges of the writ of habeas corpus is suspended. Excessive bail shall not be required. 

Bail, however, is not available to those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong. 

For the accused to properly post bail, he must be under custody of the law, and must make a personal appearance in posting his bail. 

REQUIREMENTS OF BAIL

The original papers to be submitted shall comply with the following:

1. Full name and address of the accused
2. Amount of undertaking
3. Photographs (passport size) taken within the last six (6) months showing the face, left and right profiles of the accused
4. Conditions of bail stated under Sec. 2, Rule 114 of the Revised Rules on Criminal Procedure which are:
   1. 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 Regional Trial Court, irrespective of whether the case was originally filed in or appealed to it;
   2. The accused shall appear before the proper court whenever required by the court of these Rules;
   3. 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
   4. The bondsman shall surrender the accused to the court for execution of the final judgment. (Tan, 2021)

WHEN BAIL IS A MATTER OF RIGHT

The following are the circumstances when bail is a matter of right:

1. Before/After conviction by the MeTC, MTC, MCTC; and
2. Before conviction by the RTC of an offense punishable by death, reclusion perpetua, or life imprisonment (Sec. 4, Rule 114)

In the case of People vs. Luzviminda S. Valdez and the Sandiganbayan, the Supreme Court ruled that to determine if a person can be admitted as a matter of right, the imposable penalty prescribed by the law for the crime charged is the one that is to be considered, not the penalty to be actually imposed. 

Serapio vs. Sandiganbayan clarified that the accused may apply for and be granted bail even prior to arraignment. 

In case of bail involving children in conflict with the law, Sec. 27 on the Rules on Juveniles in Conflict with the Law (A.M. No. 02-1-18-SC) provides that such children shall be admitted to bail as a matter of right before final conviction of an offense not punishable by reclusion perpetua or life imprisonment. 

WHEN BAIL IS A MATTER OF DISCRETION

Admission to bail is discretionary upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment. 

However, the court can deny or cancel discretionary bail in case one (1) of the following circumstances is present:

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

In case of bail involving children in conflict with the law, Sec. 28 on the Rules on Juveniles in Conflict with the Law (A.M. No. 02-1-18-SC) provides that such children charged with an offense punishable by reclusion perpetua or life imprisonment shall not be admitted. 

WHEN BAIL IS NOT AVAILABLE

Bail is denied when the person is charged with an offense punishable by reclusion perpetua or life imprisonment. 

REMEDY IN CASE THE ACCUSED CANNOT AFFORD BAIL

The accused can file a motion to reduce bail, which the judge may grant depending on good cause shown. 

RECENT CASES ON BAIL

In Pasda, Inc. vs. Court of Appeals and Emmanuel D. Pascual, the Supreme Court ruled that the private complainant cannot question the resolution granting the application for bail pending appeal and the subsequent judgment acquitting the accused. The interest of the offended party is limited only to the civil aspect of the case. 

In People vs. Escobar, the Supreme Court held that an interlocutory order denying an application for bail does not give rise to res judicata. As such, the accused’s Second Bail Petition should have been given due course, and not denied on the ground of res judicata. 

Got questions concerning bail? Contact us today at info@baisandanlaw.com. You can also reach us via cellphone number at 0915 968 2503 or at our telephone number (045) 281 0164.