Republic of the Philippines

National Capital Judicial Region

METROPOLITAN TRIAL COURT
Branch LXIII (63)
Makati City

PEOPLE OF THE PHILIPPINES, Crim. Case Nos. 123456

Complainant,

- versus -
(NAME OF ACCUSED),
Accused.
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MOTION FOR REDUCTION OF BAIL

UNTO THIS HONORABLE COURT, Accused, through counsel, by way of a special appearance
solely for this purpose, respectfully alleges:

1. The Accused is presently detained at Police Station, ___________ City, pending the
hearing of this case, and that this case has been raffled to this sala;

2. That the accused has been charged with _____________ and that the bail for his
provisional release has been set at P_____________;

3. That the accused is a poor fellow of very limited means such that it is impossible for him
to pay the full amount of his bond and is therefore constrained to request for a reduction
of the amount of bail;

4. That it would be advantageous to everyone if he be given temporary liberty thereby

allowing him to continue with his gainful employment and as head of the family with
_____________ dependents;

5. As such, accused appeals to the mercy and compassion of this Honorable Court and
respectfully requests that his bail be reduced to P_____________.

6. That the accused is a good member of the community, and a resident of ___________
City, and the probability of flight is nil.

7. That the accused has not been previously convicted of any crime and have no pending
case in any judicial or quasi-judicial body in the Philippines.

8. That the accused will undertake to be present when this case is called in Court.

9. That this motion for reduction of bail is being filed without prejudice to any other remedy
which may be available to the accused and that the accused expressly reserves the right
to question the legality of the issuance of the search warrant or his warrantless arrest if
the circumstances would so warrant.
 PRAYER

WHEREFORE, premises considered, it most respectfully prayed that the Honorable Court will
allow accused to post bail in the amount P_____________ for his provisional liberty during the
pendency of this case.

Other relief just and equitable are likewise prayed for.

_____________, Philippines, __Date__.

By:

ATTY.____________________
Counsel for the Accused

NOTICE OF HEARING

THE CITY PROSECUTOR

City Prosecution Office
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THE BRANCH CLERK OF COURT

MeTC - Branch 63
Makati City

Greetings!

Please submit the foregoing motion to the Honorable Court on _____________ at ________
o’clock in the morning for its favorable consideration and approval.

Atty._______________________

Copy furnished by personal service:

PROSECUTOR ___________________
Office of the City Prosecutor, Makati City

ATTY. __________________
Private Prosecutor
2233 Zamora Street, Pasay City
 Report on MOTION TO REDUCE BAIL BOND
Flordeliz A. Fuentes
2017-0111

WHAT IS BAIL?

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.1, Rule 114, Rules of Court)

BAIL, a matter of right (sec. 4, Rule 114, Rules of Court)

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 MeTC, MTC, MTC in Cities, or MCTC; and

b.) before conviction by the RTC of an offense not punishable by death, reclusion perpetua, or
life imprisonment.

BAIL, when discretionary (sec. 5, Rule 114, Rules of Court)

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
convicting 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 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.

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.

AMOUNT OF BAIL, guidelines (sec. 9, Rule 114, Rules of Court)

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.

Excessive bail shall not be required.

BAIL, where filed(sec. 17, Rule 114, Rules of Court)

(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 also be filed with any regional trial court of said place, or 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 on appeal.

(c) 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.
Increase or Reduction of Bail (sec. 20, Rules 114, Rules of Court)

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.