Right to

bail
Sec. 13, art. Iii, 1987 ph constitution
“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. 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”.
 Sec. 1, Rule 114, Rrcp
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.
 Forms of bail

01 02 03 04
cash property surety recognizance
 Bail emanates from a person’s constitutional right to be
presumed innocent.

Bail as a matter of

Right to bail
right or discretion.

“No person shall be deprived of life, liberty, or property

without due process of law”
 Teehankee v. rovira

Petitioner Haydee Herras Teehankee is a political detainee delivered by the

Counter Intelligence Corps, United States Army, to the Commonwealth Government,
pursuant to the Proclamation of General of the Army Douglas MacArthur, dated December
29, 1944. She was one of the petitioners in case No. L-44, "Raquiza vs. Bradford. She is
now confined in the Correctional Institution for Women under the custody of the
Commonwealth Government since October, 1945, when she was thus delivered to the said
government.

Under date of October 2, 1945, petitioner, through her husband, Alberto

Teehankee, filed with the People's Court a petition wherein, invoking the provisions of
Executive Order No. 65, promulgated by His Excellency, the President of the Philippines,
dated September 3, 1945, she prayed that her immediate release be ordered on the ground
that no evidence exists upon which she could be charged with any act punishable by law, or,
alternatively, that the People's Court fix the bail for her provisional liberty, in conformity with
the aforesaid executive order, and upon approval of such bail, that an order be forthwith
issued directing the officer having official custody of her person to immediately release her.
 Teehankee v. Rovira
ISSUE: Whether or not a person may not file for bail even
before a formal charge or information is filed against him.

RULING: No. Article III, section 1(16) of the Commonwealth

Constitution -- which provides that "All persons shall before
conviction be bailable by sufficient sureties, except those
charged with capital offenses when evidence of guilt is strong.

In order that a person can invoke the constitutional precept, it

is not necessary that he should wait until a formal complaint or
information is filed against him. From the moment he is placed
under arrest, detention or restraint by the officers of the law,
he can claim this guarantee of the Bill of Rights, and this right
he retains unless and until he is charged with a capital offense
and evidence of his guilt is strong.
 People v. sandiganbayan

This petition seeks to reverse and set aside the Resolution of herein
respondent Sandiganbayan issued on March 6, 2003 in Criminal Case No.
26558, granting bail to private respondent Senator Jose Jinggoy Estrad. Jinggoy
was among the respondents in the crime of Plunder filed by the Office of the
Ombudsman. Jinggoy filed with the Court an Urgent Motion praying for early
resolution of his Petition for Bail on Medical/Humanitarian Considerations. He
reiterated his earlier plea for bail filed with the Sandiganbayan. Jinggoy filed
before the Sandiganbayan an Omnibus Application for Bail against which the
prosecution filed its comment and opposition. Bail hearings were then
conducted, followed by the submission by the parties of their respective
memoranda. Petitioner suggests that Jinggoy is harboring a plan to escape, thus
a flight risk. But in a Resolution, the Sandiganbayan granted Jinggoy’s Omnibus
Application for Bail. Petitioner filed a Motion for Reconsideration but was denied.
 People v. sandiganbayan
ISSUE: Whether or not the grant of bail in favor of Jinggoy is
not proper on the ground that he is not considered a flight
risk.

RULING: No. Section 13 of Article III (Bill of Rights) of the

Constitution mandates:

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.
A grant of bail does not prevent the trier of facts from
making a final assessment of the evidence after full trial on
the merits. A grant of bail is predicated only on its
preliminary appreciation of the evidence adduced in the bail
hearing to determine whether the deprivation of the right to
bail is warranted.
Enrile v. sandiganbayan

• Bail protects the right of the accused to due

process and to be presumed innocent

• Bail may be granted as a matter of right or of

discretion.

• Admission to bail in offenses punished

by death, or life imprisonment, or reclusion
perpetua is subject to judicial discretion

• Philippine authorities are under obligation to

make available to every person under detention
such remedies which safeguard their fundamental
right to liberty (e.g. Right to bail). Except:
- flight risk;
- due to special, humanitarian and compelling
circumstances.
THANK you!
Right to Bail
Christine Joy Pama
Isagani Cruz-II

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