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Gaining Temporary Freedom By Posting Bail

Bail secures the release of a person from jail, provided that he or she will return for court appearances or trial. In the event the suspect fails to return to court, the bail will be forfeited. It will only be returned if the suspect was able to comply with the required appearances. Regardless of whether the person is found guilty or not guilty, the bail money will be returned at the end of the trial. The laws governing bail vary from country to country. In the Philippines Rule 114 provides details on the conditions and requirements of bail.

Rule 114

Sec. 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 remain in force at all stages of the case, unless sooner cancelled, until the promulgation of the judgment of the Regional Trial Court, irrespective of whatever the case was originally filed in or appealed to it;

(b) The accused shall appear before the proper court whenever so required by the court or these Rules;

(c) The failure if the accused to appear at the trial without justification despite due notice to him r his bondsman shall be deemed an express waiver of his right to be present on the date specified in the notice. 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.

The original papers shall state the full name and address of the accused, the amount of the undertaking and the conditions herein required. Photographs (passport size) taken recently showing the face, left and right profiles of the accused must be attached thereto. (2a)

Sec. 3. No release or transfer except on court or bail. — No person under detention by legal process shall be released or transferred except upon lawful order of the court or when he is admitted to bail as prescribed in this Rule. (n)

Sec. 4. Bail, a matter of right. — All persons in custody shall: (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities and Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offenses not punishable by death, reclusion perpetua or life imprisonment, be admitted to bail as a matter of right, with sufficient sureties, or be released on recognizance as prescribed by law or this Rule. (3a)

Sec. 5. Bail, when discretionary. — Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua or life imprisonment, the court, on application, may admit the accused to bail.

The court, in its discretion, may allow the accused to continue on provisional liberty under the same bail bond during the period of appeal subject to the consent of the bondsman.

If the court imposed a penalty of imprisonment exceeding six (6) years but not more than twenty (20)years, the accused shall be denied bail, or his bail previously granted shall be cancelled, upon a showing by the prosecution, with notice to the accused, of the following or other similar circumstances:

(a) That the accused is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration;

(b) That the accused is found to have previously escaped from legal confinement, evaded sentence, or has violated the conditions of his bail without valid justification;

(c) That the accused committed the offense while on probation, parole, or under conditional pardon;

(d) That the circumstances of the accused or his indicate the probability of flight of released on bail; or

(e) That there is undue risk that during the pendency of the appeal, the accused may commit another crime.

The appellate court may review the resolution of the Regional Trial Court, on motion and with notice to the adverse party. (n)

Sec. 6. Capital offense, defined. — A capital offense, as the term is used in these Rules, is 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. (4)

Sec. 7. Capital offense or an offense punishable by reclusion perpetua or life imprisonment, not bailable. — No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, when evidence of guilt is strong, shall be admitted to bail regardless of the stage of the criminal prosecution. (n)

Sec. 8. Burden of proof in bail application. — At the hearing of an application for admission to bail filed by any person who is in custody for the commission of an offense punishable by death, reclusion perpetua or life imprisonment, the prosecution has the burden of showing that evidence of guilt is strong. The evidence presented during the bail hearings shall be considered automatically reproduced at the trial, but upon motion of either party, the court may recall any witness for additional examination unless the witness is dead, outside of the Philippines or otherwise unable to testify. (5a)

Sec. 9. Amount of bail; guidelines. — The judge who issued the warrant or granted the application shall fix a reasonable amount of bail considering primarily, but not limited to the following guidelines:

(a) Financial ability of the accused to give bail;

(b) Nature and circumstances of the offense;

(c) Penalty of the offense charged;

(d) Character and reputation of the accused;

(e) Age and health of the accused;

(f) The weight of the evidence against the accused;

(g) Probability of the accused appearing in trial;

(h) Forfeiture of other bonds;

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

(j) The pendency of other cases in which the accused is under bond.

Excessive bail shall not be required. (6)

Pinoy Attorney

Written by : Pinoy Attorney

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