RULE 114 - BAIL

Section 1. Bail defined. – Bail 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. Bail may be given in the form of
corporate surety, property bond, cash deposit, or recognizance.

WHAT IS BAIL?
1. It is the security given
2. For the release of a person in custody of the law
3. Furnished by him or a bondsman
4. To guarantee his appearance before any court as required

WHEN IS THE RIGHT TO BAIL AVAILABLE?

> The right only accrues when a person is arrested or deprived of his liberty
> The right to bail presupposes that the accused is under legal custody
> A court cannot order provisional liberty to one who is then actually in the enjoyment
of his liberty
> The right to bail therefore presupposes that the accused should be in custody

WHAT ARE THE DIFFERENT FORMS OF BAIL?

1. Corporate surety
2. Property bond
3. Cash bond
4. Recognizance

WHAT IS RECOGNIZANCE?
1. Obligation of record
2. Entered before a court or magistrate duly authorized to take it
3. With the condition to do some particular act
4. The most usual condition in criminal cases being the appearance of the accused for
trial
NOTA BENE: may be by the accused himself or of another person. An
example of this is when Cory Aquino took recognizance of Jomar Sison. Take note
also that there are instances when there is pending application for probation, one
applies for recognizance.

WHAT IS THE CONSTITUTIONAL BASIS OF THE RIGHT TO BAIL?

> Presumption of innocence

Conditions And Requirements Of 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 unless

cancelled, shall remain in force at all stages of the case until
promulgation of the judgment of the Regional Trial Court,
irrespective of whether the case was originally filed in or appealed to it;

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

(c) The 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. 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
required by this section. Photographs (passport size) taken within the last
six (6) months showing the face, left and right profiles of the accused must
be attached to the bail.

WHAT ARE THE CONDITIONS OF THE BAIL?

1. If before conviction, that the defendant shall answer the complaint or information in
the court in which it is filed or to which it may be transferred for trial
2. After conviction, that he will surrender himself in execution of the judgment that the
appellate court may render
3. That in case the cause is remanded for new trial, he will appear in
court to which it may be remanded and submit himself to the orders and
processes thereof
*For failure to perform any of these conditions, the bond given as security thereof may
be forfeited.

CAN THE COURT IMPOSE OTHER CONDITIONS OR LIMITATIONS ON THE BAIL?

> Yes, the trial court may impose other conditions in granting bail where the
likelihood of the accused jumping bail or of committing other harm to the citizenry is
feared.
> The court even has the power to prohibit a person admitted to bail from leaving the
Phiippines or restrict his right to travel
DOES AN ADDITIONAL CONDITION NOT VIOLATE THE PROHIBITION ON
EXCESSIVE BAIL?
> No because the determination if there is excessive bail would depend on the
facts and circumstances of each case
> Bail would still be determined based on the following factors--
financial liability of the accused to give bail; nature and
circumstance of the offense; penalty for the offense charged;
character and reputation of the accused; age and health of the accused; weight of
the evidence against the accused; probability of the accused appearing at the trial;
forfeiture of other bail; the
fact that the accused was a fugitive from justice when arrested; and pendency of
other cases where the accused is on bail.