1.

BAIL DEFINED It 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. It may be given in the form of corporate surety,
property bond, cash bond, or recognizance. It is awarded to the accused to honor the
presumption of innocence until his guilt is proven beyond reasonable doubt, and to enable
him to prepare his defense without being subject to punishment prior to conviction.
2.  BAIL PURPOSE: To relieve an accused from imprisonment until his conviction or acquittal
and to secure his appearance at the trial. It is intended to obtain or secure one’s provisional
liberty, thus, it cannot be posted before custody over him has been acquired by the court.
RATIONALE: it discourages and prevents resort to the pernicious practice whereby an
accused could just send another in his stead to post bail, without recognizing the jurisdiction
of the court by his personal appearance in therein compliance with the requirements thereof.
3. CONDITIONS ON BAIL REQUIREMENTS: 1. The undertaking shall be effective upon
approval, and unless cancelled, remain in force at all stages of the case, until the
promulgation of the judgment of the RTC, 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 or these Rules;
4.  CONDITIONS ON BAIL REQUIREMENTS: 3. 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. (the case may proceed in absentia) 4. The bondsman shall surrender the
accused to the court for execution of the final judgment.
5.  TECHNICAL REQUIREMENTS OF BAIL 1. Original papers shall state the full name and
address of the accused 2. The amount of the undertaking and the conditions of this section
3. Photograph (passport size) of the accused and the bondsman—within the last 6 months
showing the face, left and right profiles of the accused must be attached thereto.
6.  3 STAGES OF A CRIMINAL PROCEEDING 1. The trial 2. The promulgation of judgment 3.
The execution of sentence The surety’s liability covers all these 3 stages the appearance of
the accused at the trial, appearance during the promulgation of judgment, and the service by
the accused of the sentence imposed.
7. BAIL Accused has 15 days from promulgation or reading of the judgment of conviction by
the court within which to appeal in the higher court. No released or transfer of the detained
person EXCEPT on court order or bail. No bail is allowed when the charge with offenses
punishable by reclusion perpetual when the evidence of guilt is strong.
8.  BAIL AS A MATTER OF RIGHT ALL PERSONS IN CUSTODY shall be admitted to bail as
a matter of right, with sufficient surities, or released on recognizance as prescribed by law or
this Rule: 1. Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court
in Cities, or Municipal Circuit Trial Court; 2. Before conviction by the Regional Trial Court of
an offense not punishable by death or reclusion perpetual or life imprisonment.
9. 10. BAIL AS A MATTER OF DISCRETION GENERAL RULE: Before conviction, bail is a
matter of right for all offenses punishable by lower than reclusion perpetua, as to which the
prosecution does not have the right to oppose nor to present evidence for its denial. It is
only when BAIL IS A MATTER OF DISCRETION before conviction in offense punishable by
death, reclusion perpetua or life imprisonment that the prosecutionis entitled to present
evidence for its denial.
10.  BAIL In case it is authorized, bail should be granted BEFORE arraignment, otherwise the
accused may be precluded from filing a motion to quash. FOR THIS REASON, the
condition imposed by the trial court that the bail granted only after the accused had been
arraigned is void. However, while the condition is invalid, the arraignment and the
subsequent proceedings against the accused are valid.
11.  EXCEPTION TO THE RIGHT TO BAIL The right to bail of an accused military personnel
triable by courts-martial does not exist, as an exception to the general rule that an accused is
entitled to bail, except in capital offense where the evidence of guilt is strong. The unique
 structure of the military justifies exempting military men from the constitutional coverage on
the right to bail. Thus, it has been held that the right to bail, embodied in the constitution is
not available to the military personnel or officer charged with violation of the Articles of War.
12. BAIL WHEN DISCRETIONARY WITH NOTICE OF APPEAL: Application for bail can only
be filed with and resolved by the appellate court. 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.
13. BAIL WHEN DISCRETIONARY If the penalty imposed by the trial court is imprisonment
exceeding 6 years, but not more than 20 years—the accused shall be denied bail, or his bail
shall be cancelled, upon a showing by the prosecution, with notice of the accused of the
following circumstances: 1. He is a recividist, quasi-resividist, or habitual delinquent, or has
committed the crime aggravated by circumstance of reiteration. 2. Previously escaped from
legal confinement, evaded sentence, or has violated the conditions of his bail without valid
justification.
14.  BAIL WHEN DISCRETIONARY 3. He committed the offense while on probation, parole, or
under conditional pardon. 4. The circumstances of his case indicate the probability of flight if
released on bail. 5. There is undue risk that he may commit another crime during the
pendency of the appeal. The court may motu proprio or on motion of any party, review the
resolution of the RTC after notice to the adverse party in either case.
15. BAIL WHEN DISCRETIONARY The accused who has convicted of an offense which
carries a penalty of more than 20 years is not entitled to bail during the pendency of his
appeal. In case of a judgment of conviction, and the accused desires to appeal, the bail
bond previously posted by the accused can only be used during the 15-day period to appeal.
16.  CAPITAL OFFENSE NOT BAILABLE Capital offense or an offense punishable by
reclusion perpetua or life imprisonment is not bailable or when the evidence of guilt is strong
regardless of the stage of the criminal prosecution. CONSTITUTIONAL MANDATE: grant or
deny bail of capital punishment whether or not the evidence of guilt is strong. This requires
the trial court to conduct bail hearings wherein both the prosecution and the defense are
afforded sufficient opportunity to present their respective evidence. THE BURDEN OF
PROOF: lies on the prosecution to show strong evidence of guilt.
17.  REASON WHY CAPITAL OFFENSE IS NOT BAILABLE, AS A RULE EXCEPTION: If the
person charged with capital offense is a MINOR, he is entitled to bail regardless of whether
the evidence of guilt is strong. REASON: the one who faces probable death sentence as a
particularly strong temptation to established without objection to be minor who by law cannot
be sentence to death.
18.  HEARING IN BAIL APPLICATION The hearing for bail in capital offense is SUMMARY. It
is meant such brief and speedy method of receiving and considering the evidence of guilt as
is practicable and consistent with the purpose of the hearing which is merely to determine
the weight of the evidence for purposes of bail. It is not trying the case on the merit; but
hearing is nonetheless required as a safeguard against arbitrariness.
19. HEARING IN BAIL APPLICATION • At the hearing, the accused can rightfully cross-examine
the witness presented by the prosecution and introduce his own evidence in rebuttal. • The
court cannot rely on merely affidavits or recitals of their contents, if timely objected to, for
these represent only hearsay evidence, and thus are insufficient to establish the quantum of
evidence that the law requires. • HEARING is a must.
20. DUTIES OF TRIAL COURT IN PETITION FOR BAIL IN CAPITAL OFFENSE 1. NOTIFY the
prosecutor of the hearing for the application for bail or require him to submit his
recommendation. 2. CONDUCT A HEARING of the application for bail regardless of whether
or not the prosecution refuses to present evidence to show that the guilt of the accused is
strong for the purpose of enabling the court to exercise its sound discretion. 3. DECIDE
whether the evidence of guilt of the accused is strong based on the summary of evidence of
 the prosecution. 4. If the guilt of the accused is not strong, DISCHARGE the accused on the
approval of the bailboard.
21. ACCUSED MUST BE IN CUSTODY OF THE LAW A bail is the security given for the
release of a person in the custody of the law, conditioned upon his appearance in court when
required. The posting of bail PRESUPPOSES that the accused is detained or in the custody
of the law. The trial court cannot bail and fix the amount thereof where the accused has not
yet surrendered or has not been arrested or otherwise deprived of his liberty.
22. GUIDELINES FOR THE AMOUNT OF BAIL The judge shall fix the reasonable amount of
bail on the following: 1. Financial ability of the accused to give bail; 2. Nature and
circumstances of the offense; 3. Penalty of the offense charged; 4. Character and reputation
of the accused; 5. Age and health of the accused;
23. GUIDELINES FOR THE AMOUNT OF BAIL 6. The weight of the evidence against the
accused 7. Probability of the accused appearing at the trial 8. Forfeiture of other bail; 9. The
fact the accused was fugitive from justice when arrested; 10. The pendency of other cases
where the accused is under bond; Excessive bail shall not be required
24. GUIDELINES FOR THE AMOUNT OF BAIL The judge fixes the amount of the
recommended bail when he issues a warrant of arrest for a bailable crime or when he grants
the application for bail. The prosecutor usually recommends the amount of bail in the
information when he files in court.
25. CORPORATE SURETY Any domestic or foreign corporation, licensed as a surety in
accordance with the law and currently authorized to such act, may provide bail by a bond
subscribed jointly by the accused and the officer of the corporation duly authorized by its
board of directors. BAIL BOND is a contract, and rights, duties and liabilities of bondsmen
and sureties depend on the provision of the contract and by the general principles of
contract.
26. PROPERTY BOND A property bond is an undertaking constituted as lien on the real
property given as security for the amount of the bail. After 10 days after approval of the
bond, the accused shall cause the annotation of the lien on the certificate of title on file with
the Register of Deeds, if the land is REGISTERED, or if UNREGISTERED, 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.
27. PROPERTY BOND WITHIN THE SAME PERIOD, the accused shall submit to the court his
compliance and failure to do so shall be sufficient cause for the cancellation of the property
bond and his re-arrest and detention.
28. QUALIFICATION OF SURETIES IN PROPERTY BAIL BOND 1. Each of them must be a
resident owner of real estate within the Philippines; 2. Where there is ONLY ONE SURETY,
his real estate must be worth at least the amount of the undertaking; 3. If there are 2 OR
MORE SURETIES, each may justify in the amount less than that expressed in the
undertaking but the aggregate of the justifies sum is equivalent to the whole amount of 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 property exempt from execution.
29. JUSTIFICATION OF SURETIES Before accepting the surety or bail bond, the following
requisites must be complied with: 1. Photographs of the accused 2. Affidavit of justification 3.
Clearance from the Supreme Court 4. Certificate of compliance with Circular No. 66 dated
September 19, 1996 of the Insurance Commissioner 5. Authority of the agent 6. Current
certificate of authority issued by the Insurance Commissioner with the financial statement
showing the maximum undertaking capacity of the surety company.
30. DEPOSIT OF CASH AS BAIL The accused or any person acting in his behalf may deposit
in cash with the nearest collector of internal revenue or provincial, city or municipal treasurer
the amount of bail fixed by the court or recommended by the prosecutor who investigated or
file the court. Upon submission of a proper certificate of deposit and a written undertaking
showing compliance with the requirements of Sec. 2 of Rule 114---the accused shall be
 discharged from custody. Money deposited shall be considered as bail and applied to the
payment of any fine and costs while the EXCESS, if any shall be returned to the accused of
to whoever made the deposit.
31. RECOGNIZANCE The court may release a person in custody of the law on his own
recognizance or that of a responsible person. The trial court usually entrusts the person of
the accused to a person of known probity and responsibility who assumes the obligation to
bring him to court for arraignment, during trial, promulgation of decision, and execution of
sentence. Ordinarily applicable in light offense.
32. RECOGNIZANCE EFFECT: The surety or the person to whom the person of the accused
has been entrusted on recognizance becomes the jailer invested with full authority over the
person of the principal and has assumed the obligation of bringing him to court whenever the
accused’s appearance may be required as stipulated in the bail bond or
33. BAIL WHEN NOT REQUIRED When the person has been in custody for a period equal to
or more than possible maximum imprisonment prescribed for the offense charged, he shall
be released immediately, without prejudice to the continuation of the trial or the proceedings
on appeal. If the maximum penalty to which the accused may be sentenced is destierro, he
shall be released after 30 days of preventive imprisonment.
34. BAIL WHEN NOT REQUIRED A person in custody for the 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 a
reduced bail or his own recognizance at the discretion of the court.
35. BAIL, WHERE FILED 1. Bail in the amount fixed may be filed with the court where the case
is pending, or, in the absence or unavailability of the judge thereof, with any regional trial
court judge, metropolitan circuit trial court judge, in the province or city or municipality. If the
accused is arrested in a province, city or municipality OTHER than where the case is
pending, BAIL MAY ALSO BE FILED with ANY RTC of the said place, or if NO JUDGE, MTC
judge or MCT judge therein.
36. BAIL WHEN NOT REQUIRED 2. 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 in the court where the case is pending, whether for preliminary investigation,
trial, or appeal. 3. 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.
37. BAIL WHEN NOT REQUIRED A judge presiding in one branch has NO POWER to grant
bail to an accused who is being tried in another branch presided by another judge who is
NOT ABSENT or UNAVAILABLE, and his act of releasing him on bail constitute ignorance of
the law which subjects him to DISCIPLINARY SANCTION. Municipal Trial Court judge has
NO AUTHORITY to grant bail to an accused arrested outside of his territorial jurisdiction.
38. NOTICE OF APPLICATION TO PROSECUTOR In the application for bail, the court must
give reasonable notice of the hearing to the prosecutor or require him to submit his
recommendation. A MOTION TO REDUCE the amount of bail likewise requires a hearing
BEFORE is granted in order to afford the prosecution the chance to oppose it. A judge may
be held liable for GROSS MISCONDUCT for breach of these rules.
39. NOTICE OF APPLICATION TO PROSECUTOR Even if the bail is a matter of right as in
non-capital cases, notice of the application for bail is required to be given to the prosecutor
even though no charge has yet been filed. A trial court should not act on motion for bail
without first the accused surrendering or without the accused having been first placed under
legal custody.
40. 41. RELEASE ON BAIL The accused must be discharged upon approval of the bail by the
judge. Whenever bail is filed with a court other than where the case is pending, the judge
who accepted the bail shall forward it, together with the order of release and other supporting
papers to the court where the case is pending, which may, for good reason, require a
different one to be filed.
41. INCREASE OR REDUCTION OF BAIL After the accused shall have been admitted to bail,
the court may upon good cause, either increase or reduce its amount. When INCREASED,
the accused may be committed to custody if he does not give bail in the increased amount
thereof within a reasonable period.
42. FORFEITURE OF BAIL BOND When the presence of the accused is specifically required
by the court, the bondsmen shall be notified to produce him before the court on given date
and time. FAILURE: his bail shall be declared FORFEITED and the bondsmen are given 30
days within which to produce their principal and to show cause why no judgment should be
rendered against them for the amount of their bail. (with due notice)
43. FORFEITURE OF BAIL BOND WITHIN THE PERIOD, 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. FAILING in these 2
requisites, a judgment shall be rendered against the bondsmen, jointly and severally, for the
amount of the bail.
44. CANCELLATION OF THE BAIL BOND Upon application of the bondsmen filed 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 the acquittal of the
accused, dismissal of the case, or execution of the judgment of conviction. A bondsman
may be relieved from his undertaking by filing an application for his discharge as a surety
and cancelling of his bail bond which he should set it for hearing after due notice to the
prosecutor, and by surrendering the accused to the court.
45. ARREST OF ACCUSED OUT ON BAIL FOR THE PURPOSE OF SURRENDERING THE
ACCUSED, the bondsmen may arrest him, or upon written authority endorsed on a certified
copy of the undertaking, cause him to be arrested by any police officer or any other person
of suitable age and discretion. An accused released on bail may be re-arrested without the
necessity of a warrant if he attempts to depart from the Philippines without permission of the
court where the case is pending.
46. HOLD DEPARTURE ORDER SC Circular No. 39-97 dated June 19, 1997 limits the
authority to issue the hold departure orders to the RTC’s in criminal cases within their
exclusive jurisdiction.
47. HOLD DEPARTURE ORDER MTC judges have no authority to issue hold departure orders,
following the maximum, express mention implies the exclusion. Neither has the authority to
cancel one which he issued.
48. HOLD DEPARTURE ORDER If the accused has the propensity to evade or disobey lawful
orders, the issuance of a hold departure order is warranted.
49. COURT SUPERVISION OF DETAINEES The court shall exercise supervision over all
persons in custody for the purpose of eliminating all unnecessary detention.
50. COURT SUPERVISION OF DETAINEES The executive judges of the RTC’s shall conduct
monthly PERSONAL INSPECTIONS of provincial, city and municipal jail and the prisoners
within their respective jurisdiction.
51. COURT SUPERVISION OF DETAINEES Shall ascertain the number of detainees, inquire
on proper accommodation and health and examine the condition of jail facilities. Order
segregation of sexes and of minors from adult. Monthly reports shall be submitted by the
executive judges to the Court Administrator.
52. BAIL NOT A BAR ON ILLEGAL ARREST BAR TO OBJECTION ON ILLEGAL ARREST OR
PI PRIOR RULE: giving or posting of bail is tantamount to submission of his person to the
jurisdiction of the court and to a waiver of any defects in the warrant of arrest issued against
him. In COJUANCO JR. VS SANDIGANBAYAN: the court ruled—the accused desire to
question the warrant of arrest, he should move to quash the same, solely on the ground,
without posting bail and without seeking other reliefs, otherwise he waived the illegality of the
arrest and submitted himself to the jurisdiction of the court. (provided he raises the question
BEFORE entering his plea)
53. BAIL NOT A BAR ON ILLEGAL ARREST BAR TO OBJECTION ON ILLEGAL ARREST OR
PI PRIOR RULE: If the accused allows himself to be arraigned without questioning the
legality of his arrest, with or without warrant, the trial court acquires jurisdiction over his
person as the legality of the arrest affects only the jurisdiction of the court over the person of
the accused.