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RIGHT TO BAIL

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.

EXCEPTION:
1. Charged of an offense punishable by RP.
2. Evidence of guilt is strong.

Rule 114, Section 4. Bail, a matter of right; exception. All persons
in custody shall be admitted to bail as a matter of right, with
sufficient sureties, or released on recognize as prescribed by law or
this Rule
a. before or after conviction by the Metropolitan Trial Court,
Municipal Trial Court, Municipal Trial Court in Cities, or
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.

If the penalty imposed by the trial court is imprisonment exceeding
six (6) years, the accused shall be denied bail, or his bail shall be
cancelled upon a showing by the prosecution, 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 circumstance
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.

Section 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 factors:
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;
g. Probability of the accused appearing at the trial;
h. Forfeiture of other bail;
i. The fact that accused was a fugitive from justice when
arrested; and
j. Pendency of other cases where the accused is on bail.

LIMITATIONS:
1. Person claiming a right must be under actual detention.
2. only in criminal cases not in deportation cases.


CRIMINAL DUE PROCESS

Strictly followed
1. Consignation is such a way as not to destroy the right of the
accused to be presumed innocent and be heard.
2. Right to counsel must be respected.
3. Accused must be informed of the nature of the offense
accused.
4. R. to speedy and impartial public trial must be observe.
5. Right of the accused to meet the witnesses face to face.
6. R. to have compulsory processes to secure the attendance of
witness and production of evidence.
7. After arraignment, trial may proceed notwithstanding absence
of accused provided he has been duly notified, failure to
appear is not justified.
Elements
1. Accused has been heard in a court of competent jurisdiction.
2. Accused is proceeded against under the orderly process of
law.
3. Accused has been given notice
4. Accused has been given the opportunity to be heard.
5. Judgment rendered wa within the authority of law.

RIGHT TO BE HEARD
1. R. to be presumed innocent until contrary is proved.
2. R. to be at the trial.
3. R. to counsel.
4. R. to impartial judge.
5. R. to meet witnesses face to face.
6. R. to compulsory process to secure attendance of witness.
7. R. to notice of trial, in case of trial in absentia.

Elements: (trial in absentia)
1. Accused has been previously arraigned.
2. Accused has bee given notice of the trial.
3. Absence or failure to appear is unjustifiable.

Duties of judges prior arraignment:
1. Inform the accused that he has the right to counsel before
arraignment.
2. After giving such info, judge has to ask the accused whether or
not he decides to counsel.
3. If yes, court must grant him reasonable time to do so.
4. If unable to employ, court must appoint counsel de oficio.

Objects of written accusations
1. To furnish accused with such description of charge against him
as to enable him to make work his defense.
2. To avail himself of conviction or acquittal for protection
against further prosecution of the same case.

WRIT OF HABEAS CORPUS

Cannot be suspended, except
1. Invasion
2. Rebellion
3. When the public safety requires

Involved:
1. Executive
2. Legislative
3. Judiciary
4. Individual citizen

Powers granted to the president
1. Command all armed forces of the phils.
2. Suspension on privilege of writ of habeas corpus.
3. Declaration martial law