Are there any Conditions when court grants or allows the

Rule 114. Bail accused to post Bail?

What is bail? YES. The following are the conditions of bail(Sec. 2):
Bail is the security given for the release of a person under the
custody of law to guarantee his appearance when required by the 1) Once approved, the bail shall be effective and remain in force at
rules of court or the court.(Sec. 1) all stages of the case unless cancelled or until promulgation of the
RTC whether the case was originally filed in or appealed to it.
What are the forms of Bail?
Bail may be given in the following forms: 2)That the accused shall appear in court whenever required by court
or the rules of court;
1) Cash deposit
2) Property Bond 3) Failure to appear in court notwithstanding any waiver shall
3) Corporate Surety constitute trial in absentia;
4) Recognizance
4)That accused shall surrender himself to court for execution.
May the court insist that bail shall only be cash bond?
 No. The court can never insist that only one type or When is appearance by the accused required by the Rules of
form of bail shall be posted. Doing so violates the Court?
right of the accused to bail.
The presence of the accused is required by the rules in his
When is one allowed to be released on recognizance? arraignment and entry of plea. (and promulgation of judgment as
opined by other authors.)
Recognizance is allowed in the following instances: • Reasons:
1) Arraignment and Entry of Plea – Accused must
1) If the charge against the accused is for violation of a city or personally enter his plea. Without a valid plea, any
municipal ordinance, light offense, or if the penalty does not exceed subsequent proceedings are void. Nonetheless, an invalid
6 months of imprisonment. plea will bar the application of Double Jeopardy.
2) If the accused is detained for a period equal to or more than the
minimum imposable penalty. In such case, the accused must be 2) Promulgation – Some authors insist that the presence of
released immediately even without recognizance; the accused is important in promulgation. The absence of the
3) If the accused is a youthful offender; accused during promulgation will not invalidate the
4) If accused files application for probation and he is unable to post proceedings. However, it will cause him to lose his remedies
bail against a judgment of conviction such as reconsideration,
appeal, and new trial.
When is appearance by the accused required by the Court?  The remedy is to file a petition for certiorari under Rule 65
• Appearance by the accused is required by the court in the on the ground that the court committed a grave abuse of its
following: discretion amounting to excess or lack of jurisdiction in
a) In-court Identification – In a criminal denying the application for bail.
action, the identity of the accused just like
the crime itself must be proven beyond When is bail a Matter of Right, Court Discretion, or Neither?
reasonable doubt.  Bail as a Matter of Right (Rule 114, Sec. 4)
b) Trial in absencia – trial in absencia may • The accused’s application for bail will always be
proceed provided the accused was given due granted by the court.
notice for the date of trial.
NOTE:  Bail is a matter of right in the following instances:
 Therefore, if a question is asked calling for the instances 1) Before or after judgment of conviction by the
when the accused’s presence is essential, enumerate MTC.
arraignment and entry of plea, in-court identification, trial in Note:Thus, all light offenses and
absencia. (promulgation may be included) correccional offenses are bailable.

Application for Bail and Determination of Strength of Evidence 2) Before judgment of conviction by the RTC of
of Guilt offenses not punishable by death, reclusion perpetua
 Procedure: or life imprisonment.
1) Accused applies for bail. Note: Thus, during trial or before conviction
2) The court notifies the prosecution. of all offenses punishable by prision mayor and
3) Bail hearing - The prosecution presents evidence in reclusion temporal are bailable.
opposition to bail.
4) The court makes a resolution whether the evidence of 3)Before judgment of conviction by RTC for an
guilt is strong or not. If the evidence of guilt is strong, offense punishable by death, reclusion perpetua, or life
the application is denied. Otherwise, the application is imprisonment when the evidence of guilt is not strong.\
granted.
 Bail as a Matter of Discretion (Rule 114, Sec. 5)
• The accused’s application for bail may or may not
What is the remedy when the application for bail is denied? be granted by the court upon its discretion.
 The remedy is to file a petition for certiorari under Rule 65
on the ground that the court committed a grave abuse of its  Bail is a matter of discretion in the following instances:
discretion amounting to excess or lack of jurisdiction in 1) After judgment of conviction by the RTC and the
denying the application for bail. penalty is less than death, reclusion perpetua, and life
imprisonment provided judgment has not become final.
What is the remedy when the application for bail is denied?
 So, when must the accused file his application under this • 2)The accused has escaped confinement, evaded sentence, or
situation? violated any of the conditions of his bail without justifiable
reasons.
Answer: • 3)The accused is under probation, parole, or conditional
An application for bail when it is a matter of discretion pardon.
must be filed with the RTC before the records has been • 4) The accused has undue risk of committing another
transmitted to the appellate court. If the records of the case were offense.
transmitted to the appellate court, the application for bail must be • 5) The accused has probability of flight if released on bail.
filed with it.
Note: NOTE: Bail negating circumstances determine
• Thus, perfection of an appeal for offenses punishable bail as a matter of discretion from total denial of bail.
by prision mayor and reclusion temporal will make
the case bailable upon the court’s discretion.  Is the absence of any bail negating circumstance an
assurance for the grant of bail?
 Bail is Neither a Matter of Right nor Discretion. No. A finding that none of the said circumstances is
• There is no bail allowed as it is not a matter present will not automatically result in the grant of
of right or within the court’s discretion. bail. Such finding will simply authorize the court to
use the less stringent sound discretion approach.
 Bail is neither a matter of right nor discretion in the  Where to post bail? (Rule 114, Sec. 7)
following: • 1) Bail may be filed in the court where the case is
• 1) After judgment of conviction by the RTC of an offense pending and if the judge of that court is absent or
punishable by death, reclusion perpetua, or life unavailable, then the bail may be filed in the RTC or
imprisonment and the evidence of guilt is strong. MTC of the same place. If the accused is arrested in
• 2) After judgment of conviction by the RTC and the penalty another place other than in which the case is
imposed is death, reclusion perpetua, or life imprisonment. pending, then bail may be filed in the RTC or MTC
of that place.
• 3) After judgment of conviction by the RTC and the penalty Illustration:
imposed is more than 6 years but less than death, reclusion • A is charged with Homicide. An information was filed
perpetua, or life imprisonment and the following bail before the RTC Branch 5 in Baguio. If the judge of Branch 5
negating circumstances are present: is absent or unavailable, the accused may file bail in other
RTC’s or MTC’s of Baguio City. If A is arrested in Cebu,
Bail negating corcumstances: he may also post bail in the RTC (first) or MTC
• 1) The accused is a recidivist, quasi-recidivist, habitual (secondarily) of Cebu.
delinquent or that he committed the offense with the • 2) If bail is a matter of discretion or the accused desires
aggravating circumstance of reiteracion. recognizance, then the application therefor must be filed
with the court where the case is pending.
 • 3)If the accused is arrested or held without any charge assailed before the accused enters his plea, otherwise their
having been brought against him, then the accused shall file defects are deemed waived.
bail in any court of the city or province where he is detained.
He may choose this remedy aside from petition for habeas Other instances where Bail is Available:
corpus. • 1) Deportation Proceedings.
• 4) If bail is a matter of discretion, then bail may be filed with For aliens undergoing deportation proceedings, bail is
the RTC that rendered the decision/judgment of conviction discretionary upon the Commissioner of Immigrations.
notwithstanding that a notice of appeal has been filed, • 2) Extradition Proceedings.
provided the records of the case has not yet been An extradite must apply for bail. He must prove that
transferred/filed with the appellate court. he is not a flight risk by clear and convincing evidence. The
Extradition Court decides whether or not to grant the bail.
Note: Perfection of an appeal. Note:
An appeal is deemed perfected if a notice of appeal • No bail is allowed for cases pending in Military
has been filed within the time period for perfecting an Tribunals.
appeal, which is 15 days from the date of judgment by the
RTC and the corresponding docket fees were paid. Forfeiture of Bond (Rule 114, Sec. 21)

Significance of Perfecting an Appeal. • What happens if the accused fails to appear in court
• The moment the records of the case have been when required?
transmitted to the appellate court, the court loses its • If the accused fails to appear in court when required
jurisdiction over the case. Once that happens, the by the court or by the rules of court, the bail is ordered
trial court has no authority to rule upon the bail forfeited in favor of the government but his bondsmen are
application of the accused. given 30 days to present the accused’s body in court and to
explain why no final judgment shall be rendered against the
• 5) Where the judgment of conviction changes the nature of bond and why the accused failed to appear when first
the offense from non-bailable to bailable, the bail may only required to do so. If the bondsmen do not comply, the bail is
be filed with the appellate court. confiscated in favor of the government.

Is bail a bar to objections on illegal arrest or lack of or  Procedure in forfeiture of bonds:

irregularity of preliminary investigation? (Rule 114, Sec. 26) • 1) The accused fails to appear in court.
• No, bail is not a bar to objections on the validity of • 2) The court orders forfeiture of the bond though such order
an arrest, warrant of arrest, or lack of or irregular preliminary is not yet final.
investigation. This is a deviation from the old rule where • 3) The bond shall be forfeited in favor of the government.
posting bail cures all defects in the arrest, warrant of arrest, • 4The bondsmen is given 30 days within which to:
and preliminary investigation. However, all of those must be  a) Produce the body of their
principal
  b) Explain why the accused did not • witnesses attesting to his innocence (See Continuous Trial
appear before the court when Guideline effective 9-1-17: Accused need not present
required to do so. evidence);
5) If the bondsman complies, the order of forfeiture is set • d) at the hearing of the motion for bail, the prosecution shall
aside. present its witnesses with the option of examining them on
6) If the bondsman does not comply, the court will issue an direct or adopting the affidavits they executed during the
order of confiscation which makes the earlier order final. preliminary investigation as their direct testimonies;
• e) the court shall examine the witnesses on their direct
Cancellation of Bail (Rule 114, Sec. 22) testimonies or affidavits to ascertain if the evidence of guilt
 1) Cancellation by Application of bondsman: is strong;
• Upon application of the bondsman with due notice to • f) the court shall then allow counsel from both sides to
the prosecution, bail may be cancelled by motion or examine the witnesses as well;
petition upon surrender of the accused or proof of • g) afterwards, the court shall hear the oral arguments of the
his death. parties on whether the evidence of guilt is strong(See
 2) Automatic Cancellation: Continuous TRial Guideline effective 9-1-17:
• Cancelation of Bail is automatic upon the following: arguments/memorandum no longer needed);
• h) within 48 hours after hearing, the court shall issue an
 a) Acquittal of the accused order containing a brief summary of the evidence adduced
 b) Dismissal of the case before it, followed by its conclusion of whether the evidence
 c) Execution of the judgment of conviction of guilt is strong.

 2014 UPDATES IN CRIMINAL PROCEDURE - BAIL  What are the modes of service of subpoena?
APPLICATION and MODES OF SERVICE OF Under Section 6, Rule 21 of the 1997 Rules of Civil
SUBPOENA Procedure, service of subpoena shall be made in the same
(A.M. No. 12-11-2-SC, March 14, 2014, effective May 1, 2014 manner as personal or substituted service of summons.
(Guidelines for Decongesting Holding Jails by Enforcing the • However, in criminal cases, the following are the
Rights of Accused Persons to Bail and to Speedy Trial) additional modes of service of subpoena as provided for in
 What are the requirements for motion for bail in offenses Section 11, A.M. No. 12-11-2-SC, March 14, 2014:
punishable by death, reclusion perpetua, or life  a) electronic mail (e-mail);
imprisonment? (Section 6)  b) mobile phone, either through phone calls or
• a) the hearing of the motion for bail shall be summary; through short messaging service.
• b) the prosecution has the burden of showing that the • How may service of subpoena be proved?
evidence of guilt is strong; • When served by electronic mail or mobile phone, service of
• c) if the accused wants the court to consider his evidence, he subpoena may be proved by:
may submit the affidavits of his  a. printouts of sent email and the acknowledgment of
the recipient;
  b. printouts of electronic messages transmitted such are not available,
through the court’s equipment or device and the in the form of judicial
acknowledgment of the recipient; or affidavits, subject to
 c. reports of phone calls made by the court. additional direct and
cross-examination
2017 UPDATES IN CRIMINAL PROCEDURE RE: PETITION questions.
FOR BAIL (A.M. No. 15-06-10-SC, effective September 1, 2017 • Not
(Revised Guidelines on Continuous Trial in Criminal Cases) e: The
prosecuto
 Petition for bail: r may
• It can be filed at anytime or at any stage of the instead
proceedings. It can even be done before filing of prepare
information in court. judicial
• If filed AFTER the filing of the information: affidavits
 A) When to hear: it shall be set for in lieu of
summary hearing after arraignment and pre- the
trial; written
 B) Form of testimony of a witness in petition sworn
for bail: statement
 (i) For 1st s or may
level Courts: in all revise the
criminal cases, said
including those sworn
governed by the Rule statement
on Summary s before
Procedure, the presentin
testimonies of g as
witnesses shall evidence.
consist of the duly • (ii) For 2nd level Courts:
subscribed written • (a) In criminal cases where the
statements given to demeanor of the witness is not
law enforcement or essential in determining his
the affidavits credibility, such as forensic
submitted before the chemists,edico-legal officers,
investigating investigators, auditors, accountants,
prosecutor, and if engineers, custodians, expert
 witnesses and other similar E) Evidence in petition for bail: the resolution of petition for bail
witnesses, who will testify on the shall be based SOLELY on the evidence presented during the bail
authenticity, due execution and proceedings by the prosecution.
contents of public documents and  The prosecution shall present only
reports, and in criminal cases that pieces of evidence that are essential
are transactional in character, in establishing that the evidence of
such as falsification, malversation, guilt is strong.
estafa, or other crimes where the F) Shall accused present evidence? The accused need not present
culpability or innocense of the evidence to contradict or rebut the prosewcution's evidence.
accused  G)Time to resolve MR: Motion for
 can be established through documents, the reconsideration on the resolution of petition
testimonies of the witnesses shall be the for bail shall be resolved within a NON-
duly subscribed written statements given to EXTENDIBLE period of 10 CALENDAR
law enforcement or affidavits or counter- DAYS from date of submission of the
affidavits submitted before the investigating motion.
prosecutor, and if such are not available,  H) Non-suspension of the presentation of
testimonies shall be in the form of judicial evidence:
affidavits, subject to additional direct and  While awaiting resolution of the
cross-examination questions. petition for bail or the motion for
 (b) In all other cases where the reconsideration, the court shall NOT
culpability or the innocense of the accused SUSPEND the presentation of the
is based on the testimonies of the alleged evidence in chief.
eyewitnesses, the testimonies of such  I) The Resolution on the Petition for Bail is not
witnesses shall be in ORAL form. final, but merely an interlocutory order. Hence, the
 C) Time to hear and resolve: the petition accused can still reiterate his petition or motion for
shall be HEARD AND RESOLVED within bail in the course of the trial if he beleives that the
a NON-EXTENDIBLE period of 30 evidence presented by the prosecution is not strong
CALENDAR DAYS from date of the first to prove his guilt.
hearing, EXCEPT in drug cases which shall
be heard and resolved within 20 Sample flow chart with Petition for Bail:
CALENDAR DAYS;
 D) No need for oral arguments and
submission of memoranda, consistent with
the summary nature of the proceedings;
  A. Regular Rules • For purposes of Criminal Procedure, focus on the 1) order or
reverse order of trial, 2) right against double jeopardy, 3) the
Presentation of
Evidence-In-Chief
right to appeal, 4) the right to be informed of the charges and
Arraignment 30
Hearing and
Resolution of
of the Prosecution accusations against the accused,5) freedom from arbitrary
& Pre-trial
day
s petition for bail (30
(60 DAYS) and detention, 6) and the right to bail. The other rights are better
Presentation of
days)
Accused's Evidence discussed in political and constitutional law subjects and
(90 DAYS) evidence and other remedial law subjects – validity of
• B. Drugs Cases extrajudicial admission, admissibility of evidence,
qualification of witnesses to testify, etc.
I. Presumption of Innocence and Order of Trial
• The constitutional presumption of innocence dictates the
order of trial. It is the prosecution that has the burden of
proof to show the guilt of the accused beyond reasonable
doubt. Consequently, it is the prosecution that starts
TOTAL PERIOD: presenting its witnesses and evidence first. There can only be
a) 30-day bail
Presentation of hearing/resolution; a reverse order of trial once the accused claims any of the
Evidence-In-Chief of the Promulgation of
b) 6 months from bail justifying, exempting, or any extenuating circumstances. All
Prosecution (60 days) & Decision (90 days from
Presentation of submission of case for
hearing to defense of these are in the nature of confession and avoidance.
presentation=Max trial
Accused's Evidence (90 decision)
period; II. Right to Be Informed of the Nature of the Charges;
days)
d) 3 months decision Complaint/Information, Arraignment, and Plea
e) TOTAL: 10 MONTHS • The right of an accused to be informed of the nature of the
charges against him dictates the rules regarding the validity
Rule 115. Rights of the Accused. of a complaint or information, arraignment, and plea.

• ( They are better taken in Constitutional Law and Human The Right Against Double Jeopardy.
Rights subjects) • Two kinds under the 1987 Constitution, Article III, Section
• Note: Be sure to cite the Proper Rights. Just simple changes 21:
in the use of articles will change the concept of the Rights- 1st kind- No person shall be twice put in jeopardy of
eg. The proper right is “Right Against Double Jeopardy” punishment for the same offense.
and not “Right to Double Jeopardy”; “Right Against Self- 2nd kind- If an act is punished by a law and an
Incrimination and not Right to Self-Incrimination; ordinance, conviction or acquittal under either shall
Freedom from Arbitrary Detention not Freedom to constitute a bar to another prosecution for the same act.
Arbitrary Detention; “Right to Confront and Cross-
examine Witnesses against him” and not “Right against Requisites to validly invoke Double Jeopardy:
Confrontation and Cross-examination of Witnesses 1) A first jeopardy must have validly attached prior
presented against him”; etc. to the second;
 2) The first jeopardy must have been validly Facts: Jason Ivler while carelessly driving his car rammed
terminated; another car, wrecking it and killing its passenger A while
3) The second jeopardy must be for the same offense seriously injuring another passenger, B. Upon the victim’s
or the second offense includes or is necessarily included in complaints, the prosecutor filed two criminal informations –
the offense charged in the first information or is an attempt first, one for Reckless Imprudence Resulting In Damage to
to commit the offense or a frustration thereof . Property and second, one for Reckless Imprudence Resulting
In Homicide and Serious Physical Injuries. Ivler pleaded
Requisites for first kind(No person shall be twice put in guilty to the first charge upon arraignment. He was meted
jeopardy of punishment for the same offense): the penalty of public censure, and
1) There is valid complaint or information; ordered to pay damages. When Ivler was arraigned for the
2) The complaint is filed in a court of competent jurisdiction; second charge, he invoked his right against double jeopardy
3) The accused is validly arraigned and has entered his plea; and moved for the dismissal of the case. Ivler argued that the
4) The accused was either acquitted, convicted, or the case two crimes charged against him before the court arose from
against him was dismissed without his express consent. only one act. The State Prosecutor argued that the crimes of
Damage to Property, Homicide, and Serious Physical Injury
are different and distinct from each other.

May the second case proceed?

Note: Answer:
For purposes of criminal procedure, always check the first 3 No, the second case may not proceed. There is only
requisites when a question on double jeopardy is raised. The fourth one crime of Reckless Imprudence or Negligence no matter
requisite is a better focus in political law as it may involve the how many resulting crimes may be produced. In a case for
accused’s right to a speedy disposition of his case. imprudence or negligence, the complaint or information is
for the act of negligence or imprudence and not for its
effects. Allowing charges to prosper based on its effects
In criminal procedure, just remember that the granting of a effectively splits a single cause of action. This violates the
demurrer to evidence and discharge of an accused as a state accused’s right against double jeopardy.
witness is equivalent to ACQUITTAL. (2014 Bar Question)

Note: McJolly Bee Do is a trouble-maker of sorts, always

getting into brushes with law. In one incident, he drove his
IVLER DOCTRINE: A 2014 Bar Question on Remedial Humvee recklessly, hitting a pedicab which sent its driver
Law is based on this case. This is a rich source of questions and passengers into different directions. The pedicab driver
in Criminal, Remedial, and Political Law. died while two of his passengers suffered slight physical
injuries. Two (2) informations were then filed against
McJolly. One, for Reckless Imprudence resulting in
Homicide and Damage to Property, and two, for Reckless Judgment of Acquittal Attained Through Errors of Law Will
Imprudence resulting in Slight Physical Injuries. The latter Attain Finality
case was scheduled for arraignment earlier, on which What if the judgement of acquittal is erroneous?
occasion, McJolly pleaded guilty. He was meted out the Double Jeopardy sets in. Errors or irregularities,
penalty of public censure. A month later, the case for which do not render the proceedings a nullity, will not defeat
Reckless Imprudence Resulting in Homicide was also set for the judgment of acquittal. These are errors of law and not
arraignment. Instead of pleading, McJolly interposed the errors of jurisdiction.
defense of Double Jeopardy. Resolve.
Answer: Same as the earlier question. Case: (People vs Judge Hernando, 108 scra 121)

Note: The accused were charged and convicted of frustrated

The focus of the answer depends on what subject murder. When a new evidence and witness was allegedly found out
this question was asked. If the question is asked in Remedial which would prove the accuseds’ innocence, a new trial was held.
Law, the focus is on the splitting of cause of action. If the The prosecution then contended that the facts sought to be
question is asked in Criminal and Political Law, focus on established by the proposed testimonies of new witnesses were not
Double Jeopardy, its concept and requisites. newly discovered evidence, having been known to the accused even
By way of another example, take this question – during the trial, and that they would not in any way alter the
May one foreclose a mortgage and at the same time, file an judgment of conviction. Under the facts of the case, the Court should
action to recover sum of money based on the mortgage? have sustained the prosecutor’s argument and never had a new trial.
The court proceeded to acquit the accused. On the SC level, the SC
Answer: (Civil Law) dismissed the judge but the judgement of acquittal, though
No, one may not avail of the aforesaid remedies erroneous, was deemed valid.
simultaneously. Availing of one is a waiver of the other.
These remedies are in the alternative and not cumulative.

Answer: (Remedial Law)

No, one may not avail of the aforesaid remedies

simultaneously. Both actions are based on a single cause of
action, which is the indebtedness secured by the mortgage.
Splitting a single cause of action is not allowed.