BAIL

Definition:
1. 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

Matter of right
~ All persons in custody shall be admitted to bail
~ Before of after conviction by the Metropolitan Trial Court
~ Before conviction by the Regional Trial Court of an offense not
punishable by death, reclusion perpetua, or life imprisonment

Matter of Discretion
~ Upon conviction by the Regional Trial Court of an offense not
punishable by death, reclusion perpetua, or life imprisonment
- to be filed with the RTC or the appellate court
- to be filed with the appellate court if the nature of the offense
changed from non-bailable to bailable
~ Before conviction by the Regional Trial Court of an offense
punishable by death, reclusion perpetua, or life imprisonment

When Denied
~ Before conviction by the RTC of an offense punishable by death,
reclusion perpetua, or life imprisonment, and the evidence of guilt is
strong (Sec. 7)
~ After conviction by the RTC of an offense punishable by
imprisonment not exceeding six (6) years, if the following or other
similar circumstances are present:
a. that he is a recidivist, quasi-recidivist, habitual delinquent, or
has committed the rime aggravated by reiteracion
b. that he previously escaped from legal confinement, evaded
sentence, or violated the conditions of his bail without
justification
c. that he committed the offense under probation, parole, or
conditional pardon
 d. that he is a flight risk
e. that there is undue risk that he may commit another crime
during the pendency

Capital Offense
- is an offense which, under the law existing at the time of its
commission and of the application to bail, may be punished with death

Burden of Proof
- the prosecution has the burden of proving that the evidence of guilt
is strong

Kinds of Bail
1. Corporate Surety
- A domestic or foreign corporation licensed as a surety in
accordance with law
2. Property Bond
- An undertaking constituted as lien on the real property given
as security for the amount of bail
3. Recognizance (RA 10389)
- An undertaking available for any person in custody or
detention who is unable to post bail due to abject poverty.

Where filed
1. The court where the case is pending
- In the absence or unavailability of said court, any RTC judge,
or in the absence of the same, any MTC judge
- If the accused is arrested in a province, city, or municipality
other than where the case is pending, bail may be applied with
any RTC of said place
2. Any court in the province, city, or municipality
- Any person in custody who is not yet charged in court

MOTION TO QUASH

Time to move to quash

 - At any time before the accused enters his plea

Forms and Contents

- In writing
- Signed by the accused or his counsel
- Specifying the factual and legal backgrounds
*The court shall not consider any other ground other than those stated
in the Motion
EXCEPT:
a. lack of jurisdiction over the offense charged

Grounds

Amendment of Complaint or Information

- If the MTQ is grounded on an alleged defect of the complaint or
information which can be cured by amendment, the court shall order
that an amendment be made
- Available when grounds for MTQ are:
a. facts charged do not constitute an offense
b. defect of the complaint or information

Order of Sustaining the MTQ

- Unless the ground for the MTQ is (a) double jeopardy or (b)
prescription, an Order sustaining the MTQ shall not be a bar to another
prosecution for the same offense

Double Jeopardy
- The conviction or acquittal of the accused or the dismissal of a case
shall be a bar to another prosecution for:
a) the offense charged, or
b) for any attempt to commit the same or
c) frustration thereof, or
d) for any offense which necessarily includes or is necessarily
included in the offense
PROVIDED
1. When an accused has been convicted or acquitted, or the case against
him dismissed or otherwise terminated without his express consent,
2. By a court of competent jurisdiction,
3. Upon a valid complaint or information or other formal charge
sufficient in form and substance to sustain a conviction and
4. After the accused had pleaded to the charge