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Attorneys of the Philippines Legal News

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The Conditions And Requirements Of Bail

When a person is arrested, posting bail is the usual way to get out. Bail is a bond that compels a person to appear in court once they are ordered to do so. In the event the defendant fails to show up, the court may keep the bail and issue a warrant of arrest to the defendant. Not everyone is entitled to post bail. Here are the conditions or requirements of the bail:

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 of the accused to appear at the trial without justification despite due notice to him or 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. 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)

Capital offense or an offense punishable by life imprisonment is non-bailable. 

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)

Requirements and Conditions of the Bail

A person who is guilty of a drug-related crime may eventually lose hope because most cases are perceived to be non-bailable. However, the decision on whether a person can post bail will greatly depend on the crime that he has been accused of. Even the evidence of guilt will be taken into consideration. The right to bail is also guaranteed by the Constitution as a person is presumed innocent until proven otherwise. 

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 of the accused to appear at the trial without justification despite due notice to him or 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 Order of the 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 offense 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)

8 New Philippine Laws: Part 8 of 8 Anti-Age Discrimination For Employees

Has an employer ever refused you because of your age? A jobseeker is deterred from landing himself/herself a job because of age. With the new law known as the Republic Act 10911 or "An act prohibiting discrimination against any individual in employment on account of age and providing penalties therefore"does not allow employers to deny opportunities to employees on the basis of age. Employment and recruitment agencies are also prohibited from refusing to provide assistance to individuals regardless of their age from seeking employment. 

Sec. 5. Prohibition of Discrimination in Employment on Account of Age

a) It shall be unlawful for an employer to:

1)Print or publish, or cause to be printed or published, in any form of media, including the internet, any notice of advertisement relating to employment suggesting preferences, limitations, specifications, and discrimination based on age;

2)Require the declaration of age or birth date during the application process;

3)Decline any employment application because of the individual's age;

4)Discriminate against an individual in terms of compensation, terms and conditions or privileges of employment on account of such individual's age;

5)Deny any employee's or worker's promotion or opportunity for training because of age;

6)Forcibly lay off an employee or worker because of old age; or

7)Impose early retirement on the basis of such employee's or worker's age.

b)It shall be unlawful for a labor contractor or subcontractor, if any, to refuse to refer for employment or otherwise discriminate against any individual because of such person's age. 

c) It shall be unlawful for a labor organization to:

1)Deny membership to any individual because of such individual's age;

2)Exclude from its membership any individual because of such individual's age;

3)Cause or attempt to cause an employer to discriminate against an individual in violation of this Act. 

d)It shall be unlawful for a publisher to print or publish any notice of advertisement relating to employment suggesting preferences, limitations, specifications, and discrimination based on age.

Sec. 7. Penalty

Any violation of this Act shall be punished with a fine of not less than fifty thousand pesos (P50,000.00) but not more than five hundred thousand pesos (P500,000.00, or imprisonment of not less than three (3) months but not more than two (2) years, or both, at the discretion of the court. If the offense is committed by a corporation, trust, firm, partnership or association or other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership or association or entity. 

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