c.

Motion to quash information

à Filed with court when information against the person arrested has been filed

à Must be made in a “special appearance” before the court questioning only its lack of jurisdiction over
the person of the accused

à Otherwise, the voluntary appearance of the person arrested by filing a motion before the court would be
deemed a submission to the authority of the court, thus granting it whatever jurisdiction it lacked over the
person

à Any irregularity in the arrest is cured when the petitioner submits himself to the jurisdiction of the
court, e.g., by filing for bail (Bagcal vs. Villaraza)

7. V.V. Mendoza, “Rights to Counsel in Custodial Investigation”

à Evolution of rights of the accused under custodial investigation

All involuntary confession were inadmissible; accused had to prove involuntariness

Involuntary confessions were inadmissible only if they were false

Revert to exclusionary rule: any involuntary confession is inadmissible

Miranda rule: the accused must be informed of his rights

To remain silent

Against self-incrimination

To counsel

Definition of custodial investigation questioned

It begins only after arrest

Police investigations prior to arrest are not covered

The rights may be waived, but the rights to be informed of these rights, i.e., to warning, may not be
waived

Warning must not only be said, officer must make sure the person arrested understands them specifically

Present rules

Voluntary confessions are admissible

Test of voluntariness determined on a case-to-case basis

Waiver of rights must not only be with counsel but must be in writing

à Confessions made without assistance of counsel are inadmissible as evidence to incriminate the
accused, but they may be used to impeach the credibility of the accused, or they may be treated as verbal
admission of the accused through the testimony of the witnesses (People vs. Molas)

Rule 114 Bail

1. Bail – security given for the release of a person in custody of law, furnished by him or a bondsman,
conditioned upon his appearance before any court as required under the following conditions:

Undertaking effective upon approval and remains in force at all stages until promulgation of judgment,
unless sooner cancelled

Accused shall appear before court when required

Failure to appear despite notice to him or the bondsman will waive his right to be present and trial shall
proceed in absentia

Bondsman shall surrender accused for execution of judgment

à Bail applies to all persons detained, not just to those charged with the offense (Herras vs. Teehankee)

à Court has power to prohibit person out on bail from leaving the country (Manotoc, Jr. vs. CA)

à Bail implies delivery of the accused to the sureties who, though not holding him prisoner, may seize
him and imprison him until they can deliver him to court (US vs. Bonoan)
2. General Rule: All persons are entitled to bail as a matter of right, except those charged with capital
offenses.

à Right to bail traditionally unavailable to military personnel facing court martial, who are not in the
same class as civilians (Comendador vs. de Villa)

à Bail should be available regardless of other circumstances or the merits of the case, if the health or the
life of the detainee is in danger (Dela Rama vs. People’s Court)

à Excessive bail is tantamount to denial of bail, which is unconstitutional (Dela Camara vs. Enage)

3. When bail is a matter of right

à Before or after conviction by MTC, MCTC, MJC

à Before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life
imprisonment

4. When bail is discretionary (application filed with court where case is pending)

Upon conviction by RTC of an offense not punishable by death, reclusion perpetua or life imprisonment

Provisional liberty under same circs. but during period to appeal subject to consent of bondsman

In case he has applied for probation after final judgment, he may be allowed temporary liberty under his
bail or recognizance

5. Procedure

a. Offense charged is not capital:

i. Accused applies for bail

(1) Where information against him was filed or where case is pending

(2) Absent (1), in another branch of the same court within the province or city where he is held

(3) If arrested in another province, city or municipality, file with the RTC

(4) Absent (3), with the MTC

Judge sets bail

Accused may move to reduce bail, and hearing will be set

Accused posts bail and deposits the same with the Municipal/City/Provincial Treasurer or, if cash, with
the Collector of Internal Revenue

Accused is released

b. Offense charged is capital:

Accused petitions for bail

Judge sets hearing to determine whether evidence of guilt is strong

à Ex-parte hearing on bail is arbitrary and unacceptable (Herras vs. Teehankee)

Prosecution presents evidence

Court may not force fiscal to produce evidence (Herras vs. Teehankee)

If evidence is strong, bail is denied

Otherwise, judge sets bail and procedure for non-capital offense is followed
à In capital crimes, judge’s discretion is limited to determining strength of evidence and does not cover
determining whether bail should be allowed (Herras vs. Teehankee)

à Evidence must be strong that the accused is guilty of the capital offense charged, not just of any offense
(Bernardez vs. Valera)

6. Bail bond – an obligation under seal given by accused with one or more sureties and made payable
to proper officer with the condition to be void upon performance by the accused of such acts as he may
legally be required to perform

7. Recognizance