VII.
RIGHT TO BAIL not punishable by death, reclusion perpetua, or life
Art. III, sec. 13 and Rule 114 Revised Rules on Criminal
Procedure:
SEC. 13 BAIL – All persons, except those charged with
offenses punishable by Reclusion Perpetua when evidence
of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as my be
provided by law. The right to bail shall not be impaired even
when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.
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.
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.
Sec. 3. No release or transfer except on court order or bail. –
No person under detention by legal process shall be released
or transferred except upon order of the court or when he is
admitted to bail.
Sec. 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 recognizance 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
imprisonment.
Sec. 5. Bail, when discretionary. – Upon conviction by the
Regional Trial Court of an offense not punishable by death,
reclusion perpetua, or life imprisonment, admission to bail is
discretionary. The application for bail may be filed and acted
upon by the trial court despite the filing of a notice of appeal,
provided it has not transmitted the original record to the
appellate court. However, if the decision of the trial court
conviction the accused changed the nature of the offense
from non-bailable to bailable, the 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.
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 accuse, 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.
The appellate court may, motu proprio or on motion of any
party, review the resolution of the Regional Trial Court after
notice to the adverse party in either case.
Sec. 6. Capital offense defined. – A capital offense is an
offense which, under the law existing at the time of its
commission and of the application for admission to bail, may
be punished with death.
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, shall be admitted to
bail when evidence of guilt is strong, regardless of the state of
the criminal prosecution.
Sec. 8. Burden of proof in bail application. – At the hearing of
an application for bail filed by a 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 hearing shall be
1
considered automatically reproduced at the trial but, upon
motion of either party, the court may recall any witness for
additional examination unless the latter is dead, outside the
Philippines, or otherwise unable to testify.
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 factors:
(a) Financial liability of the accused to give bail;
(b) Nature and circumstance 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 the accused was a fugitive from justice
when arrested; and
(j) Pendency of other cases where the accused is on bail.
Excessive bail shall not be required.
Sec. 10. Corporate surety. – Any domestic or foreign
corporation, licensed as a surety in accordance with law and
currently authorized to act as such, may provide bail by a
bond subscribed jointly by the accused and an officer of the
corporation duly authorized by its board of directors.
Sec. 11. Property bond, how posted. – A property bond is an
undertaking constituted as lien on the real property given as
security for the amount of the bail. Within ten (10) days after
the approval of the bond, the accused shall cause the
annotation of the lien on the certificate of title on file with
the Registry of Deeds if the land is registered, or if
unregistered, in the Registration Book on the space provided
therefore, 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.
Within the same period, the accused shall submit to the court
his compliance and his failure to do so shall be sufficient
cause for the cancellation of the property bond and his re-
arrest and detention.
Sec. 12. Qualifications of sureties in property bond. – The
qualifications of sureties in a property bond shall be as
follows:
(a) Each must be a resident owner of real estate within
the Philippines;
(b) Where there is only one surety, his real estate must
be worth at least the amount of undertaking;
(c) If there are two or more sureties, each may justify
in an amount less than that expressed in the undertaking but
the aggregate of the justified sums must be equivalent to the
whole amount of the 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 properties exempt from execution.
Sec. 13. Justification of sureties. – Every surety shall justify by
affidavit taken before the judge that he possesses the
qualification prescribed in the preceding section. He shall
describe the property given as security, stating the nature of
his title, its encumbrances, the number and amount of other
bails entered into by him and still undischarged, and his other
liabilities. The court may examine the sureties upon oath
concerning their sufficiency in such manner as it may deem
proper. No bail shall be approved unless the surety is
qualified.
Sec. 14. 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 filed
the case. Upon submission of a proper certificate of deposit
and a written undertaking showing compliance with the
requirements of section 2 of this Rule, the accused shall be
discharged from custody. The money deposited shall be
considered as bail and applied to the payment of fine and
costs while the excess, if any, shall be returned to the accused
or to whoever made the deposit.
Sec. 15. Recognizance. – Whenever allowed by law or these
Rules, the court may release a person in custody on his own
recognizance or that of a responsible person.
Sec. 16. Bail, when not required; reduced bail or
recognizance. – No bail shall be required when the law or
these Rules so provide.
When a person has been in custody for a period equal to or
more than the 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 thirty (30) days of preventive imprisonment.
A person in custody for a 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 on his own recognizance, at the discretion of
the court.
Sec. 17. Bail, where filed. – (a) 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 judge, metropolitan trial judge, municipal trial
judge, or municipal circuit trial judge in the province, city or
municipality. If the accused is arrested in a province, city, or
municipality other than where the case is pending, bail may
2
also be filed with any regional trial court of said place, of if no
judge thereof is available, with any metropolitan trial judge,
municipal trial judge, or municipal circuit trial judge in the
province, 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 regional trial court of
said place, of if no judge thereof is available, with any
metropolitan trial judge, municipal trial judge, or municipal
circuit trial judge therein.
(b) Where the grant of bail is a matter of discretion, or the
accused seeks to be released on recognizance, the application
may only be filed in the court where the case is pending,
whether on preliminary investigation, trial, or appeal.
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.
Sec. 18. Notice of application to prosecutor. – In the
application for bail under section 8 of this Rule, the court
must give reasonable notice of the hearing to the prosecutor
or require him to submit his recommendation.
Sec. 19. Release on bail. – The accused must be discharged
upon approval of the bail by the judge with whom it was filed
in accordance with section 17 of this Rule.
When 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.
Sec. 20. Increase or reduction of bail. – After the accused is
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 within a reasonable period. An accused
held to answer a criminal charge, who is released without bail
upon filing of the complaint or information, may, at any
subsequent stage of the proceedings and whenever a strong
showing of guilt appears to the court, be required to give bail
in the amount fixed, or in lieu thereof, committed to custody.
Sec. 21. Forfeiture of bail. – When the presence of the
accused is required by the court or these Rules, his bondsmen
shall be notified to produce him before the court on a given
date and time. If the accused fails to appear in person as
required, his bail shall be declared forfeited and the
bondsmen given thirty (30) days within which to produce
their principal and to show why no judgment should be
rendered against them for the amount of their bail. Within
the said period, the bondsmen must:
(a) produce the body of their principal or give the
reason for his non-production; and
(b) explain why the accused did not appear before the
court when first required to do so.
Failing in these two requisites, a judgment shall be rendered
against the bondsmen, jointly and severally, for the amount
of the bail. The court shall not reduce or otherwise mitigate
the liability of the bondsmen, unless the accused has been
surrendered or is acquitted.
Sec. 22. Cancellation of bail. – Upon application of the
bondsmen, 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
acquittal of the accused, dismissal of the case, or execution of
the judgment of conviction.
In all instances, the cancellation shall be without prejudice to
any liability on the bail.
Sec. 23. 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 a 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.
Sec. 24. No bail after final judgment; exception. – No bail shall
be allowed after a judgment of conviction has become final. If
before such finality, the accused applies for probation, he
may be allowed temporary liberty under his bail. When no
bail was filed or the accused is incapable of filing one, the
court may allow his release on recognizance to the custody of
a responsible member of the community. In no case shall bail
be allowed after the accused has commenced to serve
sentence.
Sec. 25. Court supervision of detainees. – The court shall
exercise supervision over all persons in custody for the
purpose of eliminating unnecessary detention. The executive
judges of the Regional Trial Courts shall conduct monthly
personal inspections of provincial, city, and municipal jails
and the prisoners within their respective jurisdictions. They
shall ascertain the number of detainees, inquire on their
proper accommodation and health and examine the
condition of the jail facilities. They shall order the segregation
of sexes and of minors from adults, ensure the observance of
the right of detainees to confer privately with counsel, and
strive to eliminate conditions inimical to the detainees.
In cities and municipalities to be specified by the Supreme
Court, the municipal trial judges or municipal circuit trial
judges shall conduct monthly personal inspections of the
municipal jails in their respective municipalities and submit a
report to the executive judge of the Regional Trial Court
having jurisdiction therein.
3

A monthly report of such visitation shall be submitted by the
executive judges to the Court Administrator which shall state
the total number of detainees, the names of those held for
more than thirty (30) days, the duration of detention, the
crime charged, the status of the case, the cause for
detention, and other pertinent information.
Sec. 26. Bail not a bar to objections on illegal arrest, lack of or
irregular preliminary investigation. – An application for or
admission to bail shall not bar the accused from challenging
the validity of his arrest or the legality of the warrant issued
therefore, or from assailing the regularity or questioning the
absence of a preliminary investigation of the charge against
him, provided that he raises them before entering his plea.
The court shall resolve the matter as early as practicable but
not later than the start of the trial of the case.
PURPOSE OF BAIL
To recognize the presumption of innocence accorded
to every accused upon whom should not be inflicted
incarceration at the outset since after trial he would be
entitled to acquittal, unless his guilt be established
beyond reasonable doubt.
CONDITIONS OF BAIL
1. that the accused shall appear before the
proper court whenever required by the court or by the
Rules
2. absence without justification is a waiver of his
right to be present in the hearing
WHO ARE ENTITLED TO BAIL:
1) All persons ACTUALLY DETAINED
2) shall, BEFORE CONVICTION
3) Be entitled to bail.
WHO ARE NOT ENTITLED TO BAIL:
1) Persons charged with offenses PUNISHABLE by
RECLUSION PERPETUA or DEATH, when evidence of
guilt is strong
2) Persons CONVICTED by the trial court. Bail is only
discretionary pending appeal.
3) Persons who are members of the AFP facing a
court martial.
OTHER RIGHTS IN RELATION TO BAIL:
1) The right to bail shall NOT be impaired even when
the privilege of the writ of habeas corpus is
suspended.
2) Excessive bail shall not be required.
 As soon as one is placed under the custody of
law, the accused that was confined in the hospital was
allowed to post bail. The reason is he expressly
submitted to physical and legal control of the court
over his person by filing of application for bail,
furnishing the court of his whereabouts and
unequivocally recognizing the jurisdiction of the court.
[PADERANGA vs. CA-Theory of Constructive Custody]
WHEN IS BAIL A MATTER OF RIGHT:
1. Before conviction in the MTC
2. All appealed cases from the MTC to the RTC and to
the CA or the SC, but only when original court is MTC
3. Original cases decided by the RTC when the
imposable penalty is less than RP
4. Original cases decided by the RTC when the penalty
is RP or above but the evidence of guilt is not strong.
IMPLICIT LIMITATIONS ON THE RIGHT TO BAIL:
1. The person claiming the right must be in actual
detention or custody of the law.
2. The constitutional right is available only in criminal
cases, not, e.g. in deportation proceedings.
Note:
1. Right to bail is not available in the military.
2. Apart from bail, a person may attain provisional
liberty through recognizance.
DUTIES IMPOSED ON THE JUDGE WHEN AN
APPLICATION FOR BAIL IS FILED:
1. notify the prosecutor of the hearing of the
application for bail and require him to submit his
recommendation
2. conduct a hearing (mandatory!) of the application
regardless of whether the prosecution presents
evidence or not that the guilt of the accused is strong;
3. decide whether or not the evidence of accused’s
guilt is strong based on the summary of prosecution’s
evidence;
4. if accused’s guilt is NOT strong, discharge him
upon approval of the bailbond.
 The court order granting/refusing bail should
contain a summary of the prosecution’s evidence
followed by the conclusion on whether or not the
evidence of guilt is strong.
 The court cannot merely rely on the affidavits and
recitals of its contents, if timely objected to, because
they are only hearsay --- insufficient to establish
quantum of proof needed w/c is strong evidence.
4
WHEN SHOULD BAIL BE DENIED:
1. After final judgment by any court
2. Before conviction for an offense punishable by
death or reclusion perpetua where the evidence of
guilt is strong.
3. After conviction for a crime punishable by
reclusion perpetua or death while the case is on appeal
[PEOPLE vs. VALERIANO]
4. After conviction for an offense with the
penalty exceeding 6 years but not more than 20 years,
if:
a. accused is a recidivist, quasi-
recidivist, habitual delinquent or has
committed a crime aggravated by reiteracion
b. accused is found to have previously
escaped from legal confinement
c. accused committed the offense
while on probation, parole or conditional
pardon
d. circumstances of accused or his
case indicate the probability of flight
e. there is undue risk that during the
pendency of the appeal, accused may commit
another crime. (SC Administrative Circular No.
12-94)
This includes punishment of life imprisonment.
(1) Where the judge of the court where the
case is pending is absent or unavailable, bail may be
filed to any RTC or MTC of the province, city or
municipality where the case pending.
(2) Where the accused is arrested in a
province, city, or municipality other than where the
case is pending, bail may be filed in any RTC or MTC of
that place
(3) Any person in custody who is not yet
charged, in the RTC or MTC of the province, city or
municipality where he is held.
 Mitigating circumstances are not yet
considered to determine the penalty because in the
end, it will only result in a full blown trial. Although
mitigating circumstances in general are not considered
yet. The mitigating circumstance of MINORITY may be
considered in granting bail.
 AC # 12-94 is constitutional because it only limits
the right to bail after conviction while the case is on
appeal. The right to bail is only guaranteed by the
Constitution before conviction, not after conviction
while the case is on appeal. The Constitution does not
distinguish whether before final decision or before
appeal.

BAIL AS A MATTER OF DISCRETION: WHEN BAIL NOT REQUIRED

1. Cases decided by the RTC, appealed to the CA/SC 1. When a person has been in custody for a period
and the circumstances of AO 12-94 is not present. equal to or more than the maximum imposable penalty
for the offense charged.
Bail is a MATTER OF Bail is a MATTER OF 2. After 30 days of preventive imprisonment if the
RIGHT DISCRETION maximum penalty for the offense is destierro.
 all persons charged  persons charged w/
w/ an offenses NOT offenses punishable by BAIL IN MILITARY COURTS
punishable by RP [Sec. RP when evidence of guilt Bail has traditionally not been recognized and
13] is strong [Sec. 13] is not available in the military as an exception to the
general rule embodied in the Bill of Rights. The unique
 before or after  upon conviction by structure of the military should be enough reason to
conviction by the MTC, the RTC of an offense exempt military men from the constitutional coverage
MTCC, MeTC or MCTC NOT punishable by death, of the right to bail. Military are allowed the fiduciary
[Rule 114 Sec. 4] RP, or life imprisonment use of firearms which could very well result in the
[Rule 114 Sec. 5] overthrow of duly constituted authorities.
 before conviction by
the RTC on an offense  BAIL SHOULD BE POLICY ARGUMENTS (NOT LEGAL ARGUMENTS)
NOT punishable by death, DENIED in Rule 114 Sec. 5 WHICH COULD BE CONSIDERED IMPORTANT:
RP, or life imprisonment par. 3 1. Military officers are different from ordinary
[Rule 114 Sec. 4] criminals because they are entrusted with trust and
confidence of the people.
WHERE SHOULD BAIL BE FILED (SEC 17) 2. It would also be dangerous if there are armed
General rule: in the court where the case pending coup plotters walking in the streets because they are
Exceptions: allowed to go out on bail.

5
 BAIL MTC (6 RTC (6 YRS 1 CA/SC
NOTE: These are only policy arguments and decisions YRS DAY - )
should not be based solely on these. AND
BELOW)
RIGHT Matter  if the  When
of right accused the case was
all the appeals, all originally
time  appealed cases decided by the
from MTC, for MTC,
as long as hindi appealed to
pa final the RTC and
judgment, bail appealed to
is a matter of the higher
right; courts.
 if
penalty
imposed is less
than RP
 penalty
is RP or higher,
BUT the
evidence of
guilt is strong
NOT N/A - if the penalty
ALLOWED/ because is RP or higher
DENIED it is and the
always evidence of
a guilt is strong
matter
of right.
DISCRETION N/a N/A Only
applicable
here. Because
it only involves
cases decided
by the RTC
and the
penalty is
Prision Mayor
-- RT

[If any of the

instances in
AO 12-94
exists then bail
should be
denied
If none of the
instances
exist, then bail
is a matter of
discretion.]

6
IN SETTING THE AMOUNT OF BAIL:
1) Ability to post bail
2) Nature of the offense
3) Penalty imposed by law
4) Character and reputation of the accused
5) Health of the accused
6) Strength of the evidence
7) Probability of appearing at the trial
8) Forfeiture of previous bail bonds
9) Whether accused was a fugitive from justice when
arrested
10) If accused is under bond in other cases
FORMS OF BAIL
1. Cash Bond- when the fiscal recommends a bail,
and the judge approves. All the accused has to do is to
deposit the cash bond to the clerk of court, and then he
is free.
Effect of conviction or acquittal: the bond is returned.
Exception: if the crime involves civil liability, the cash
may go to the aggrieved party
2. Surety Bond - a bonding company guarantees
the appearance in court. Bonding company guarantee
the appearance of the accused in Court, provided he
pays a certain percentage of the recommended bail to
the bonding company (15-20%). It should be renewed
annually.
The accused pays a premium every year and he cannot
recover that what he has paid. (same as in an insurance
premium)
3. Property bond- if the accused has no cash and no
surety, title of real property is deposited in court. It
does not need to be in the name of the accused, he can
borrow. Upon tax assessment, if the value of the
property is double the value of the recommended bail,
the court accepts it and the accused is free to go. The
accused may also use the title of another person
provided he is authorized to do so.
Effect of conviction or acquittal: the title is returned to
the accused. This is limited to real property only.
4. Recognizance- the accused is entrusted to the
custody of a prominent person who is likely to
guarantee his appearance in court. Only for minor
offenses.
Effect of conviction: imprisoned.
Effect of acquittal: he goes free.
BAIL
 is a mode short of confinement w/c would, w/
reasonable certainty, insure the attendance of the accused
[DE LA CAMARA vs. ENAGE, 41 SCRA 1]
 It is the security given for the provisional release of a
person accused of a crime while the case is still pending or
trial is still going on.
1. When right may be invoked
CASES –
PEOPLE vs. SANDIGANBAYAN and ESTRADA
529 SCRA 764 (2007)
Facts: Jinggoy Estrada was charged, together with ERAP
and several others, for the crime of plunder, defined
and penalized under RA No. 7080. When he was
arrested, he filed a motion alleging that: (1) no
probable cause exists to put him on trial and hold him
liable for plunder, it appearing that he was only
allegedly involved in illegal gambling and not in a
“series or combination of overt or criminal acts” as
required in RA 7080; and (2) he is entitled to bail as a
matter of right. By reason of the denial of his motion,
he interposed a petition for certiorari before the SC
claiming that the respondent Sandiganbayan
committed grave abuse of discretion in (a) sustaining
the charge against him for alleged offenses and with
alleged conspirators with whom he is not even
connected, and (b) in not fixing bail for him. But later
on, Sandiganbayan granted his application for bail.
Hence, this petition.
Issue: WON the grant of bail was proper considering
the fact that Jinggoy is equally guilty and liable as ERAP
by his indispensable cooperation and/or direct
participation in the commission of the crime of
plunder.
Ruling: The SC ruled that the imputation of grave abuse
of discretion to Sandiganbayn was untenable. To begin
with, Section 13 of Article III (Bill of Rights) of the
Constitution mandates: Section 13. All persons, except
those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law.
Even if the capital offense charged is bailable owing to
the weakness of the evidence of guilt, the right to bail
may justifiably still be denied if the probability of
escape is great. In this case, Jinggoy does not, as
determined by Sandiganbayan, seem to be a flight risk.
7
 The likelihood of escape on the part Jinggoy is
now almost nil, given his election on May 2004, as
Senator of the Republic of the Philippines. The Court
takes stock of the fact that those who usually jump bail
are shadowy characters mindless of their reputation in
the eyes of the people for as long as they can flee from
the retribution of justice. On the other hand, those
with a reputation and a respectable name to protect
and preserve are very unlikely to jump bail. The Court,
to be sure, cannot accept any suggestion that someone
who has a popular mandate to serve as Senator is
harboring any plan to give up his Senate seat in
exchange for becoming a fugitive from justice.
VALERO VS. CA 535 SCRA 453 (2007)
TRILLANES VS. PIMENTEL 556 SCRA 471 (2008)
QUI VS. PEOPLE 682 SCRA 94 (2012)
2. When bail is a matter of right, when it is a matter of
discretion
See Sections 4 and 5, Rule 114, Rules on Criminal
Procedure
GACAL VS. JUDGE INFANTE AM-RTJ-04-1845 Oct. 5, 2011
3. Bail in military courts
CASES - COMENDADOR VS. DE VILLA, 200 SCRA 80 (1991)
ASWAT VS. GALIDO, 204 SCRA 205 (1991)
4. Standards for fixing bail
Rule 114, sec. 10
CASE - VILLASENOR VS. ABANO, 21 SCRA 312 (1967)
DELA CAMARA vs. ENAGE
The mayor of Magsaysay was implicated in the
killing of 14 people and injuring 12 others in Agusan.
The judge ordered his bail at P1,195,200.00.
RULING: The court held that the amount of bail is
excessive and it violates the Constitution. It would have
been more honest if the judge denied bail rather than
to grant bail on an amount beyond the person’s reach.
It is like not granting bail at all.
NOTE: However, it is very hard to determine what is
excessive and what is not. It depends on many factors.
YAP, JR. V. CA
358 SCRA 564 (2001)
Facts: Accused was convicted of misappropriating
P5.5M and was sentenced to a jail term of 8 years to 20
years. While his appeal was pending before the Court
of Appeals, he applied for bail which was granted.
However, the Court of Appeals fixed it at P5.5M, with a
restriction that he could not change residence without
the approval of the court and a directive to the
Commissioner of Immigration and Deportation to issue
a hold departure order against him. Was his right
against excessive bail violated?
Ruling: Yes. The amount of P5.5M is unreasonable,
excessive and constitutes an effective denial of
petitioners’ right to bail. The purpose for bail is to
guarantee the presence of accused whenever required
by the court. The amount should be high enough to
assure his presence, but no higher than is reasonably
calculated to fulfill this purpose. To fix bail at an
amount equivalent to the civil liability of which
petitioner is charged is to permit the impression that
the amount paid as bail is an exaction of the civil
liability that accused is charged of, thus the court
cannot allow because bail is not intended as a
punishment, nor a satisfaction of civil liability which
should necessarily await the judgment of the appellate
court.
5. Right to bail and right to travel abroad
CASES:
MANOTOK VS. COURT OF APPEALS, 142 SCRA 149 (1986)
SANTIAGO VS. VASQUEZ, 217 SCRA 633
SILVERIO VS. COURT OF APPEALS, 195 SCRA 760
6. Waiver of the Right to Bail
CASES - PEOPLE VS. DONATO, 198 SCRA 130 (1991)
PEOPLE vs. DONATO
June 5, 1991
Salas was charged with rebellion with a
penalty of prision mayor. (Bail here is a matter of right).
The fiscal opposed the fixing of the bail bond saying
that Salas is dangerous, and at the same time, citing
many circumstances.
RULING: The court held that if the bail is a matter of
right, there is no more need of a hearing to determine
whether he can enjoy the right or not, even if he is a
very notorious criminal. The right is absolute. Even the
fear of possibility that the accused will evade sentence
is not a valid ground for denial of bail. A hearing may
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only be needed to fix the amount of bail and not to Q: May an alien invoke the Constitutional right to bail
determine whether the accused can enjoy the right or during the pendency of deportation proceedings?
not. A: Yes. According to the Lao Gi case, the court held that
due to the harsh consequences of deportation
There is also a second issue. The Solicitor proceedings to the life and liberty of a person, the rules
General and the lawyers for Salas entered into an on criminal procedure including the right to bail, should
agreement whereby the companion of Salas would be be applied to deportation proceedings.
released while Salas remains in jail. Immediately after,
he filed the petition for bail. The government NOTE: Section 13 also covers proceedings not
contended that he cannot do so because has waived his criminal in nature.
right to bail when he entered into the agreement.
STRONG EVIDENCE
Is this considered a valid waiver of his right to bail? PROOF EVIDENT or PRESUMPTION GREAT
The court distinguished two rights: EVIDENT PROOF
1. Rights which are purely personal to  clear, strong evidence  exists when the
the accused. This right can be waived. w/c leads a well-guarded circumstances testified to
2. Rights where the accused as well as dispassionate judgment to are such that the inference
the government are interested in. This right cannot be the conclusion that: of guilt naturally to be drawn
waived because of public policy. a. the offense has therefrom is strong, clear
According to the Constitution, the right to bail been committed as and convincing to an
is purely personal, thus, it can be waived. Hence, the charged, unbiased judgment and
waiver of Salas is valid and binding. b. accused is the excludes all reasonable
guilty agent, and probability of any other
Rights covered in the second type of rights: c. he will probably be conclusion
1. Right to due process punished capitally if the law
2. Right against torture is administered
3. right to free access to courts
 The person claiming the right under this provision
Note: Accused failed to raise the issue of not hearing must be under actual detention or custody of the law
his application the soonest possible. He only raised it [MENDOZA vs. CFI, 51 SCRA 369].
during appeal. [PEOPLE vs. PANES]  One is under the custody of the law either when he
has been arrested or has surrendered himself to the
WHEN IS THE ACCUSED EXEMPT FROM BAIL (RA6036):
jurisdiction of the court.
1. If offense is punishable is 6 months or less (he is
 The right may NOT be impaired even when the
released on recognizance)
privilege for habeas corpus is suspended.
2. When the crime is covered by summary rule because
there is no arrest, only notices. No arrest, no bail.
GENERAL RULE: The constitutional right to bail is
3. Rule 112 Sec. 9 (B)- if judge is satisfied that there is
available only in criminal proceedings.
no necessity for placing the accused on custody, then
he may issue summons instead of a warrant of arrest.
Q: How do you determine whether the evidence of
guilt is strong?
Q: If a person is out on bail and he commits a crime,
A: There has to be a summary hearing to determine if
then he applies for bail again, can bail be granted?
the evidence guilt is strong. The prosecution must be
A: Depends. If the crime is punished by 6 years and
given the opportunity to present evidence, and only
below, kahit pa 100 times nya gawin yung crime,
then can the judge grant or deny bail if the evidence of
pwede syang magbail kasi bail is a matter of right sa
guilt is strong or not. And if the accused does not apply
MTC diba? Pero matamaan sya sa amount of bail.
for bail, the judge has no right to outright fix the
 The right to bail, a corollary to the right to be
amount of bail.
presumed innocent, is like the privilege of habeas
corpus, another means of obtaining liberty albeit only
LIFE IMPRISONMENT RECLUSION PERPETUA
provisional.
 a penalty in  is imposed by the RPC
special laws  carries w/ it accessory

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  does not carry penalties
accessory penalties  is for a duration of 30
 is indefinite in years, after w/c the prisoner
duration is eligible for pardon
 bail is a matter of discretion --- should be denied
if evidence of guilt is strong!

RECOGNIZANCE
 is an obligation of record entered into before a
court guaranteeing the appearance of the accused for
trial
 it is in the nature of a contract between the surety
and the state [PEOPLE vs. ABNER (87 Phil. 569)]
 the details on how this can be obtained or when it
is applicable is left to legislation

RIGHT AGAINST EXCESSIVE BAIL

 The right to bail can be rendered useless by a bail
bond set at an exorbitant amount.

LARDIZABAL VS. REYES, 238 SCRA 640 (1994)

PEOPLE vs. MANES

303 SCRA 231 (1999)

Facts: Accused as charged with murder. He applied

for bail but the judge set the case for trial without
acting on his applications. He was convicted and on
appeal he contended that the judge committed a
serious error of law when he tried the case without
resolving the application for bail. Is the contention of
accused correct?

Held: No. Trial proceeded without the accused calling

the attention of the trial court to his unresolved
petition. It was only appeal that he raised the issue.
Thus, for failure to raise the issue at the earliest
opportune time, accused is deemed to have waived the
right to bail. In addition, the issue has been rendered
academic by the conviction of accused. When an
accused is charged with an offense punishable b
reclusion perpetua of life imprisonment or death, and
the evidence of guilt is strong, bail must be denied.

7. READ: ANNOTATION ON BAIL 260 SCRA 161

RIGHT TO BAIL 647 SCRA 613
(2011)

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