Section 1. Bail defined.

— 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. (1a)

2. Conditions of the bail; requirements.

— All kinds of bail are subject to the following conditions:

a) 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;

b) The accused shall appear before the proper court whenever required by the court of 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.

Section 3. No release or transfer except on court order or bail.

— 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.
(3a)

Section 5
BAIL, WHEN DISCRETIONARY

Upon conviction of the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is
discretionary.

“The discretion of the court may be exercised only after the hearing called to ascertain the degree of guilt of the accused for the purpose of
whether or not he should be granted provisional liberty. This hearing is indispensable. (Inrile vs Sandiganbayan G.R. NO. 213847, August 18,
2015)
WHEN BAIL IS TO BE FILED BEFORE THE RTC

Application for Bail may be filed and acted upon by the RTC despite the filing of a notice of appeal, provided it has not transmitted the original
record to the appellate court.

WHEN BAIL IS TO BE FILED BEFORE THE APPELLATE COURT

When the original record has been transmitted to the Appellate court; OR

When the trial court convicting the accused changed the nature of the offense from non-bailable to bailable.

WHEN BAIL IS GRANTED

Should the court grant the application, the accused may be allowed to continue on provisional liberty during the pendency of the appeal under
the same bail subject to the consent of the bondsman.

WHEN APPLICATION FOR BAIL AFTER CONVICTION BY THE RTC SHALL BE DENIED OR CANCELLED

If penalty imposed is death, reclusion perpetua or life imprisonment;

If the penalty imposed by the trial court is imprisonment exceeding six (6) years.

IF PENALTY IMPOSED IS IMPRISONMENT EXCEEDING SIX (6) YEARS

Accused shall be denied bail; or

Bail already granted shall be cancelled.

BEFORE DENIAL OR CANCELLATION OF APPLICATION FOR BAIL

The prosecution must show, with notice to the accused, of the following or other similar circumstances:

a. That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstances of
reiteration;
 b. That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without valid
justification;

c. That he committed the offense while under probation, parole, or conditional pardon;

d. That the circumstances of his case indicate the probability of flight if released on bail; or

e. That there is undue risk that he may commit another crime during the pendency of the appeal.

CAPITAL PUNISHMENT

Definition:

Sec. 6 rule 114 of the Rules of Court

- A capital punishment is an offense which, under the law existing at the time of its commission and of the application for admission to bail, may
be punished with death.

REPUBLIC ACT 9346, JUNE 24, 2006

Prohibited the imposition of death penalty;

SEC. 2 of RA 9346 “In lieu of the death penalty, the following shall be imposed.
(a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code; or
(b) the penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code”

CAPITAL OFFENSE OR AN OFFENSE PUNISHABLE BY RECLUSION PERPETUA OR LIFE IMPRISONMENT, NOT BAILABLE

No Person Charged with capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when
evidence of guilt is strong, regardless of the stage of the criminal.

BURDEN OF PROOF IN BAIL APPLICATION

Section 8 of the Rule 114 provides:

EVIDENCE PRESENTED DURING THE BAIL HEARING

Section 8 of Rule 114

Evidence presented during the bail hearing shall be considered automatically reproduced at the trial.

WHEN THE COURT MAY RECALL WITNESS

The court upon motion of the either parties may recall any witness for additional examination.

Except:

When the witness is dead, outside the Philippines, or otherwise unable to testify.

BAIL

SECTIONS 9 TO 12

Section 9

Amount of Bail; Guidelines

a) Financial ability of the accused to give bail;

b) Nature and circumstances of the offense;

c) Penalty for the offense charged;

d) Character and reputation of the accused;

e) Age and health of the accused;

f) Weight of the evidence against the accused;

h) Forfeiture of other bail;

i) The fact that the accused was a fugitive from justice when arrested; and

j) Pendency of other cases where the accused is on bail.

Excessive bail shall not required.

Excessive Bail

- Bail shall not be exacted in a sum more than necessary to secure attendance of the person seeking it.

- Bail is excessive when it is set at an amount higher than that reasonably calculated to insure that the accused will appear and stand trial
and submit to sentence if convicted.

Section 10

Corporate Surety

- Any domestic or foreign corporation

- Licensed as a surety in accordance with law

- Currently authorized to act as a surety

- May provide bail by a bond subscribed jointly by the accused and an officer of the corporation duly authorized by its board of directors

Professional Bondsmen

- A person habitually engaged in the business of furnishing bonds in civil actions or for persons arrested or detained for prosecution.

- A licensed is required before a professional bondsman may act as such.

Section 11
Property Bond

- Is an undertaking constituted as lien on the real property given as security for the amount of the bail.

How Posted?

Within 10 days after the approval of the bond

Procedure:

If the land is registered, the accused shall cause the annotation of the lien on the certificate of title on file with the Registry of Deeds.

If the land is unregistered, in the Registration Book on the space provided therefore, in the Registry of Deeds for the province or city where the
land lies, and on the corresponding tax declaration in the office of the provincial, city and municipal assessor concerned.

Within the same period of 10 days, the accused shall submit to the court his compliance and his failure to do so shall be sufficient cause for the
cancellation of the property bond and his re-arrest and detention.

Both registered and unregistered lands may be offered as security.

Section 12

Qualifications of Sureties in Property Bond:

a) Each must be a resident owner of real estate within the Philippines;

b) Where there is only one surety, his real estate must be worth at least the amount of the undertaking;

c) 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.

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.

Note: Philippine Residency is required of a Property Bondsman.

General Rule:

No bail shall be approved unless the surety is qualified.

SECTION 13: JUSTIFICATION OF SURETIES

SURETY:

Every surety needs to justify that he passes the qualifications prescribed under section 12.

What he needs to do?

Describe the property given as security by:

1. Nature of his title

2. Its encumbrances

3. Number and amounts of other bails entered into by him that’s still undischarged.

4. Other liabilities

SECTION 13: JUSTIFICATION OF SURETIES

On the part of Court:

The judge may examine the surety, under oath, concerning their sufficiency in such manner as it may deem proper.

Purpose:

To enable the judge to determine whether or not the surety possess the qualification to act as such, specially his financial worth.

SECTION 14: DEPOSIT OF CASH AS BAIL

May deposit in cash the amount of bail fixed by court, recommend by prosecutor of the case.

Where?

1. Nearest collector of internal revenue

2. Provincial, city or municipal treasurer

SECTION 14: DEPOSIT OF CASH AS BAIL

After deposit

Applicant for cash bail needs to submit a proper certificate of deposit and a written undertaking which shows requirements of Sec. 2

After submission

The accused shall be discharge from custody.

SECTION 14: DEPOSIT OF CASH AS BAIL

Money deposited

Bond

Applied to the payment of fine and cost.

If there is an excess:

It shall be returned to the accused or whoever made the deposit.

Section 17. Bail, where filed.

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. Notice of application to prosecutor.

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.

Section 19. Release on 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 bail bond, may be held liable under Article 126 of the Revised Penal Code for
delaying release.

Section 20. 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.

Section 21. Forfeiture of bail.

Within 30 days from the failure of the accused to appear in person as required, the bondsmen must:

1) produce the body of their principal or give the reason for his non-production; and
 2) explain why the accused did not appear before the court when first required to do so.

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 22. Cancellation of bail

* Application of Bondsmen plus with due notice to the prosecutor

• Upon surrender of the accused

- Proof of death

• * Automatic cancellation

- Upon acquittal of the accused

- Dismissal of the case

- Execution of the judgment of conviction

Section 23. Arrest of accused out on bail

Bondsmen may arrest the accused upon written authority endorsed on a certified copy of the undertaking

Accused released on bail may be re-arrested without a warrant I he attempts to depart from Philippines

Section 24. No bail after final judgment; exception.

No bail shall be allowed after a judgment of conviction has become final.

In no case shall bail be allowed after the accused has commenced to serve sentence.

Exception:

If before such finality, the accused applies for probation, he may be allowed temporary liberty under bail
When no bail was filed or the accused is incapable of filing one, the court may allow his release on recognizance to the custody of a responsible
member of the community

Section 25. Court supervision of detainees

The executive Judges of RTC

- Shall conduct monthly personal inspections of provincial, city and municipal jails and prisoner within its jurisdiction

- Ascertain number of detainees

- Proper accommodation of health and condition of jail

- Order segregation of sexes, minors

Municipal Trial Judges, MCT

- Shall conduct monthly personal inspections of municipal jail in their municipalities

- Submit report to executive judge of RTC

Section 25. Court supervision of detainees

The executive Judges of RTC

• Monthly report shall be submitted to Court

Administrator, which shall state:

- Total number of detainees

- Names held for more the thirty (30) days

- Duration of detention

- Crime charged
 - Status of the case

- Cause for detention

- Other pertinent information.

Section 26. Bail not bar to objections on illegal arrest, lack of or irregular preliminary investigation

- Application for or admission to bail shall not bar the accused from:

- challenging the validity of his arrest

- legality of the warrant issued

- from assailing the regularity or questioning the absence of a preliminary investigation.

Provided that he raises them before entering plea. The court shall resolve the matter as early as practicable but not later than the start of the
trial of the case.