Thank you for this lesson, Sir. I have learned lots of knowledge through this discussion and to summarize it all, here are my notes: According to Rule 114, BAIL is the security given for the release of a person in the custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions prescribed under the rules. According to Section 1, Rule 114, that person who is posting bail is in the custody of the law, either detention with the police centers or cells or the jail s or when the person voluntary surrender in court. One of the requirement before the accused can post a bill there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender. There are 3 instances where the accused personal appearance is required: a. During arraignment; b. During identification; and c. During promulgation Conditions Attached to Grant of Bail: All kinds of bail are subjects to the following conditions: The accused must execute an undertaking. (Undertaking- is a statement, a warranty or promise of the accused will appear personally before the court, whenever required by the rules or by the order of the court.) In the conditions attached to the grant of bail, the undertaking shall be effective upon approval and unless shall remain in the form at all stages of the case until the promulgation of the judgment of RT, and the accused shall appear before the proper court whenever required by the court or those rules. The Liability of the surety or bondsmen is civil in nature is that s surety bond is where a third person will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsmen will have to pay the amount of the cash bond. If the offense is bailable, you will see in the resolution or the information the recommended bail by the public prosecutor. If the offense is non-bailable in nature then can the accused post bail. The remedy of the accused is to file a petition for bail before the court hears or tries his case. There are forms of bail which are the: Corporate surety/Bail bond Advantages of corporate surety - accused will not pay the entire amount of the bail or the recommended amount of bail instead the accused will only pay a premium and the premium is only a small percentage of the total amount of bail. Property Bond Lien - an incumbent or a burden. Cash deposit/Cash bond - deposited by the accused himself or on the person acting on his behalf Recognizance - there is no property, cash, or money that is being brought to pay to the court instead of a recognizance, and this is the undertaking of a credible person or as a custodian. The bail is filed in the court where the case is pending. In any RTC, MTC in case of absence or unavailability of the judge. If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested. But if the accused has been arrested but there is no charge yet in court, it can be filed in any court in the province, city, or municipality where he is held. Other instances when bail may be availed of. When a person lawfully arrested without a warrant asks for a preliminary investigation before the complainant or information is filed in court. In bail as a matter of discretion, upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment and regardless of the stage of the criminal prosecution, a person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment when evidence of guilt is not strong.
Laws on Juveniles in conflict with the law concerning bail of non-capital offenses Where a child is detained, the court shall order the: (a) Release of the minor on cognizance (b) Release of the child in conflict with the law on bail or (c) Transfer of a minor to a youth detention home/youth rehabilitation center. Court martial offenses - An accused military personnel triable by courts martial or those charged with a violation of the Articles of war does not enjoy the right to bail. The effect of a grant of bail is that if bail is granted, the accused shall be released upon approval of the bail by the judge.
VILLASORDA, ISRAEL JIRE R 3C4 BSCRIM Thankyou so much po Atty. I am always grateful to have you as my mentor. You were so generous with your time and efforts. Thank you for being a great teacher and here are the summary of what I've learned for the lesson proper: Bail This is a security given for the release of a person in custody of the law, furnished by him or bondsman, to guarantee his appearance before any court as required under the conditions prescribed under this. The individual posting bail is in the possession of the law, according to Section 1, Rule 114.. In the custody of the law, it means that a person who posts bail is either detained in police detention cells, detention facilities, or jails, or the accused voluntarily surrenders in court. It stipulates that a person posting bail must first be in the custody of the law; a person who is not in the law's custody may not post bail since there is no need to secure the temporary release if the person is not in the law's custody. A bail can be furnished by the person seeking release himself or bondsman or a third person. 3 instances wherein the accused personal appearance is required 1. During arraignment = when the accused is presented before the court and the information is read to him. The personal appearance of the accused is required. 2. During identification - the witness for the prosecution will have to point out the person of the accused. 3. During promulgation of judgment Basis of the right of the accused 1. To post bail where is this right coming from the right to bail is a constitutional right that flows from the presumption of innocence in favor of the accused who should not be subjected to the loss of freedom. • Whenever a person or an accused post bail that right belonging to him is enshrined under the constitution Constitutional right- enshrined in the constitution called the presumption of innocence. Presumption of innocence- means that every person is presumed innocent until proven guilty. 2. The right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that the accused is under legal custody. • If the accused is at large when he uses representative, the right to bail presupposes that the accused may not post bail without surrender or without presenting himself to the court. At large means did not voluntarily surrender to the court or he was not arrested. The conditions attached to the grant of bail 1. The accused must execute an undertaking Undertaking- is a statement, a warranty or promise of the accused will appear personally before the court, whenever required by the rules or by the order of the court. 2. That the accused shall appear before the court whenever required by the court Trial in absentia= the accused opted to give his right to be present in the proceedings and participate therein. Liability of the surety or bondsmen is civil in nature it consists of payment in a sum of money that emerges from a contract. A surety bond is where a third person will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsmen will have to pat the amount of the cash bond If the offense is bailable, the public prosecutor's suggested bond will be listed in the decision or information. Is it possible for the accused to post bail if the offense is not bailable? Before the court hears or tries the accused's case, he might file a petition for bail. Nature of bail proceedings - the hearing of a bail application should be summary or otherwise in the discretion of the court. Summary- it must be expeditious or it is supposed to be continuous that will not allow several postponements. Purposes of bail- the accused is a judge guilty of the crime charge then he has the right to secure temporary release or freedom, to honor the presumption of innocence until his guilt is proven beyond reasonable doubt and to enable him to prepare his defense without being subjected to punishment prior to conviction. FORMS OF BAIL. Corporate surety or bail bond= The accused will not pay the entire bail amount or the suggested bail amount. Instead, the accused will pay a premium, which will be a tiny fraction of the total bond sum. Property bond= The property's title will be used as security for the accused's provisional liberty, resulting in a lien on the property. Lien means a incumbent or a burden Cash bond= it is deposited by the accused himself or on person acting in his behalf. If the accused fails to appear when the court or the rules require it, the entire monetary bail will be forfeited in favor of the government, and the accused will be arrested. Recognizance= There is no property, currency, or money brought or paid to the court in a recognizance. Rather, it is the undertaking of a trustworthy person or as a custodian. The accused's temporary release will be handed to a trustworthy individual who is uninterested in the case. If the court demands the presence of the accused, the custodian must bring the accused's person to the hearing; however, this does not apply to all types of charges and is only authorized for minor offenses. Where do you filed bail? 1. In the court where the case is pending 2. In the absence or unavailability of the judge thereof, with any RTC judge, MTC judge or MCTC judge in the province, city, or municipality. 3. If the accused is arrested in a province, city, or municipality other than where the case is pending, bail may filed with any RTC of said place, or if no judge thereof is available with any MTC judge, MCTC therein. 4. If the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held arrested. Laws on Juveniles in conflict with the law with respect to bail of non-capital offenses Where a child is detained, the court shall order the: Release of the minor on cognizance Release of the child in conflict with the law on bail or Transfer of a minor to a youth detention home/youth rehabilitation center. If the minor is unable to post bail, he may be committed to the DSWD's custody or a local rehabilitation center on the DSWD's suggestion. “Bail may not be filed once already a final judgement” Court Martial Offenses Bail is not available to suspected military members who are being tried by courts martial or who have been charged with a violation of the Articles of War. Filing of Bail after a Final Judgment Bail may not be filed once there is already a final judgement except even after the conviction of the MTC, bail is still a matter of right. Duties of the trial judge if an application for bail is filed The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution. Then if the evidence of guilt is not strong, then the court will have to allow the accused to post bail. Party with the burden of proof in ball applications If the accused filed petition for bail, the prosecution has the burden to prove that the evidence of guilt is strong. The prosecution is the first one who present in bail hearing because he has the burden of proof. Remedy of the accused when bail is denied by the trial court The accused can file a petition for certiorari under rule. The grave abuse of discretion amounting to lack or excess of jurisdiction. Effect of a grant of bail If bail is granted, the accused will be released once the judge has approved the bail. Bail when not required Bail is not required for violations of ordinances, small felonies, or criminal offenses with a maximum sentence of 6 months in prison and/or a fine of Php2,000. When accused does not have the financial ability to post bail initially fixed by the court The accused can request a reduction of bail, but he must present documents and affidavits to support his request.
Good Day Atty. Thank you for this lesson. In this video lecture I have learned the following; BAIL- RULE 114 - A security given for the release of a person in custody of the law, furnished by him or bondsman, to guarantee his appearance before any court as required under the conditions prescribed under this rule. Two Instances; - When a person arrested and detained by police authorities - When the accused voluntarily surrenders his person to the authority of the court. One of the requirement before the accused can post a bill there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender. RULE 114 -SECTION 1 - It requires that a person posting a bail must first be in the custody of the law, a person who is not in custody by the law may not post bail because if the person is not in custody by the law then there is no reason to secure the temporary release. A bail can be furnished by the person seeking release himself or bondsman or a third person. Three instances wherein the accused personal appearance is required - During arraignment when the accused is presented before the court and the information is read to him the personal appearance of the accused is required. - During identification - the witness for the prosecution will have to point out the person of the accused. - During promulgation of judgment Basis of the Right to Bail - Whenever a person or an accused post bail that right belonging to him is enshrined under the constitution, constitutional right enshrined in the constitution is called the presumption of innocence, presumption of innocence means that every person is presumed innocent until proven otherwise. - The right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that the accused is under the legal custody. Example - If the accuses is at large, then he can post bail without surrender or without presenting himself to the court. (At large - did not voluntarily surrender to the court or he was not arrested.) - The right to bail presupposes that the accused is under legal custody without voluntary surrender, without arrest or detention then the accused may not post bail. Conditions Attached to Grant of Bail All kinds of bail are subjects to the following conditions; - The accused must execute an undertaking (Undertaking- is a statement, a warranty or promise of the accused will appear personally before the court, whenever required by the rules or by the order of the court.) - Trial in absentia means that the accused opted to give his right to be present in the proceedings and participate therein. NOTE: - The original paper shall state the full name and address of the accused, the amount of the undertaking and the undertaking and the condition required by this section. - There are different requirements of courts, sometimes the requirement of court in posting bail will vary from jurisdiction to jurisdiction or from executive judges to another. Liability of the Surety or Bondsman - A surety bond- is where a third person will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsmen will have to pay the amount of the cash bond. - The liability if surety or bondsman is civil in nature it means it consists in payment of sum of money and it emerges in the contract. Nature of Bail Proceedings - If the offense is bailable then you will see in the resolution or the information the recommended bail by the public prosecutor. (The amount is already included so all you have to do is pay the amount and submit the necessary requirement.) - If the offense is non-bailable in nature, then can the accused post bail. The remedy of the accused is to file a petition for bail before the court that hears or tries his case. - The hearing of an application for bail should be summary or otherwise in the discretion of the court. Purposes of Bail - Before the accused is charge guilty of the crime then he has the right to secure temporary release or freedom. - Bail is also to honor the presumption of innocence as enshrined in the constitution - Also to enable him to prepare his defense without being subjected to punishment prior to conviction. Forms of Bail - Corporate surety/bail bond - Property bond - Cash deposit/Cash bond - Recognizance Corporate surety/Bail Bond - Corporate surety has the advantages such as the accused will not pay the entire amount of the bail or the recommended amount of bail instead the accused will only pay a premium and the premium is only a small percentage of the total amount of bail. - If the accused jump bail or if he skips hearing despite notice then the bond will be cancelled and then the bonding company will be given sufficient time to locate the whereabouts of the accused who posted bail but later on jump bail. If the bonding company fails to locate the accused the court will cancel the bail and issue a warrant of arrest. Property Bond - Lien - it is an incumbent or a burden - - Annotation of the lien within 10 days after the approval of the bond (Annotation means that bail will inscribe or annotated at the back of the title before the registry of deeds if the property is registered) Cash deposit/Cash Bond - If the accused does not appear by the court or by the rules then the whole amount of the cash bond will be forfeited in favor of the government and the accused will be arrested. Recognizance - In recognizance there is no property, no cash or surety which is being brought or paid to the court. It is the undertaking of a credible person or custodian. The temporary release of the accused will entrusted to the credible persons, who has no interest in the case. In case that the court requires the presence of the accused, the custodian will have to bring the person on of the accused to attend the hearing. But recognizance does not apply to all kinds of offenses. It is only available in light felonies. Where do you Filed Bail? - Court where the case is pending - In any RTC, MTC in case of absence of unavailability of the judge - If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested. - But if the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held. Other instances when bail may be availed of - When a person lawfully arrested without a warrant asks for a preliminary investigation before the complainant or information is filed in court. - The court may require a witness to post bail if he is a material witness and bail is needed to secure his appearance. Laws on Juveniles in conflict with the law with respect to bail of non-capital offenses Where a child is detained, the court shall order the; - Release of the minor on cognizance to his parent or other suitable person - Release of the child in conflict with the law on bail - Transfer of a minor to a youth detention home/youth rehabilitation center. - If the minor is unable to post bail then he can committed to the care of the DSWD or a local rehabilitation center or upon recommendation of the DSWD. Court Martial Offenses - If a military person has been accused of war crimes or violation of the articles of war then he does not enjoy the right to post bail. Filing of Bail after a Final Judgment General Rule - Bail may not be filed once there is already a final judgment except even after the conviction of the MTC, bail is still a matter of right. Bail as matter of right - Before or after conviction by the MeTC and MTC. - Before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment. - Before final conviction by all children in conflict with the law for an offense not punishable by reclusion perpetua or life imprisonment. Bail as a Matter of Discretion - Upon conviction by the RTC of an offense not punishable by death, reclusion Perpetua or life imprisonment - Regardless of the stage of the criminal prosecution, a person charged with a capital offense, or an offense punishable by reclusion Perpetua or life imprisonment, when evidence of guilt is not strong. - A child in conflict with the law charged with an offense punishable by death, reclusion perpetua or life imprisonment when evidence of guilt is not strong. Duties of the trial judge if an application for bail is filed - The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution. (If the evidence of guilt is not strong, then the court will have to allow the accused to post bail.) Party with the burden of proof in ball applications - If the accused filed petition for bail, the prosecution has the burden to prove that the evidence of guilt is strong. (That is why the prosecution is the first one who present in bail hearing because he has the burden of proof.) Remedy of the accused when bail is denied by the trial court - The accused can file a petition for certiorari under rule 65 based on the grave abuse of discretion amounting to lack or excess of jurisdiction. Effect of a grant of bail - If a bail is granted, the accused shall be released upon approval of the bail by the judge. Bail when not required Bail is not required - When the violation is an ordinance, light felony with an imposable penalty not exceeding 6 months of imprisonment and/or 2,000 pesos. When the accused does not have financial ability to post the bail initially fixed by the court - The accused may move for its reduction by submitting document and affidavits that may warrant his claim for reduction. Priority of hearing for motion for reduction of bail - Such motion shall enjoy priority in the hearing of cases - The order fixing the amount of the bail shall not be subject to appeal. CHARLENE MAY M. OSUNA 3C2 BS-CRIMINOLGY LSPU-SPCC
Thank you sir for the discussion. good day, this is the list of what I've learned; Basis of the Right to Bail - whenever an accused post bail that right belonging to him is enshrined under the constitution the right is called presumption of innocence, it is every person is presumed innocent until proven guilty. - the right to bail presupposes that the accused is under legal custody without voluntary surrender then the accused may not post bail. Conditions attached to the Grant of Bail - the accused must undergo an undertaking in which an undertaking is a statement it is a warranty or promise of the accused that he will appear personally before the court. - failure to appear on the part of the accused shall be deemed as the waiver of his right to be present there at and therefore the trial may proceed in absentia. Forms of Bail - most common place is Cash Deposit/Cash Bond - Corporate Surety/ Bail Bond - Property Bond - Recognizance Where to Filed - you can only file the bail-in that court where the case is pending - you can file it in RTC or the MTC or in MCTC. Bail as a matter of RIght - before or after conviction by the MeTC and MTC - before conviction by the RTC of an offense not punishable by Reclusion Perpetua, or death - before final conviction by all children in conflict with the law. Bail as a matter of Discretion - upon conviction by the RTC of an offense not punishable by death, or reclusion perpetual - a person charged with a capital offense, or an offense punishable by reclusion perpetual or life imprisonment, when evidence of guilt is not strong.
RAMOS DANIEL R. 3C4 Good Day Attorney!!! This is the summary of what I've learned from the Video Recorded Lecture you’ve uploaded. Bail defined is the security given for the release of a person in the custody of law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions prescribed under the rules. According to Section 1, Rule 114 that person who is posting a bail is in the custody of law. In the custody of law means that the person posting bail, it's either in detention with the police detention cells or detention centers or the jails or when the accused voluntarily surrender in court. One of the requirements before the accused can post a bail there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender. Rule 114 Section 1 requires that a person posting a bail must be first in the custody of the law. A person who is not in the custody of the law may not post bail because if you are not in thr custody of the law then there is no reason for you to secure you temporary release. A bail can be furnished by the person seeking release himself or bondsman or a third person. There are three instances in which the accused personal appearance is required such as : 1. During arraignment when the accused is presented before the court and the information is read to him the personal appearance of the accused is required. 2. During identification - the witness for the prosecution will have to point out the person of the accused. 3. During promulgation of judgment Basis of the right to bail •whenever a person or an accused post bail that right belonging ti him is enshrined under the constitution. -constitutional right enshrined in the constitution is called presumption of innocence When we say Presumption of Innocence means that every person is presumed innocent until proven otherwise. -if the accuses is at large, then he can post bail without surrender or without presenting himself to the court. (At large - did not voluntarily surrender to the court or he was not arrested. -The right to bail presupposes that the accused is under legal custody without voluntary surrender, without arrest or detention then the accused may not post bail. Conditions attached to the grant of bail -The accused must execute an undertaking. An undertaking is a statement, it is a warranty or promise of the accused that he will appear personally before the court whenever required by the rules or the orders of the court. When we say Trial in absentia it means that the accused opted to give his right to be presebt in the proceedings and participate therein. Liability of the surety or bondsmen is civil in nature. A surety bond is where a third person will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsmen will have to pat the amount of the cash bond. If the offense is bailable then you will see in the resolution or the information the recommended bail by the public prosecutor. If the offense is non-bailable in nature, then can the accused post bail. The remedy of the accused is to file a petition for bail before the court hears or tries his case. In terms of the nature of bail proceedings such as -A bail proceedings is summary in nature. -Summary - it supposed to be continuous and expeditios. The following are the purpose of Bail -Before the accused is a judge guilty of the crime charge then he has the right to secure tenporary release or freedom. - Bail is also to honor the presumption of innocence or enshrined in the constitution -To enable him to prepare his defense without being subjected to punishment prior to conviction. Forms of Bail -Corporate surety/Bail bond Advantages of corporate surety - the accused will not pay the entire amount of the bail or the recommended amount of bail instead the accused will only pay a premium and the premium is only a small percentage of the total amount of bail. -Property Bond Lien - it is an incumbent or a burden -Cash deposit or Cash bond - it is deposited by the accused himself or on person acting in his behalf When we say RECOGNIZANCE - there is no property, cash or money which is being brought ot paid to the court instead a recognizance, this is the undertaking of a credible person or as a custodian. - The temporary release of the accused will be entrusted to a credible person who has no interest in the case. In case that the court requires the presence of the accused, the custodian will have to bring the person of the accused to attend the hearing but it does not apply to all kinds of offenses, and allowed only for light offense. Here are the way on where you can filed a bail 1. You can post bail in the court where the case is pending 2. In any RTC, MTC in case of absence of unavailability of the judge 3. If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested. 4. But if the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held arrested. Laws on Juveniles in conflict with the law with respect to bail of non-capital offenses Where a child is detained, the court shall order the following: 1. Release of the minor on cognizance 2. Release of the child in conflict with the law on bail or 3. Transfer of a minor to a youth detention home/youth rehabilitation center. If the minor is unable to post bail then he can committed to the care of the DSWD or a local rehabilitation center or upon recommendation of the DSWD. In terms of Court Martial Offenses • If a military person has been accused of war crimes or violation of the articles of war then he does not enjoy the right to post bail. Here are the way on Filing of bail after a final judgement •As a general rule, bail may not be filed once there is already a final judgement except even after the conviction of the MTC, bail is still a matter of right. Duties of the trial judge if an application for bail is filed •The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution. If the evidence of guilt is not strong, then the court will have to allow the accused to post bail. Party with the burden of proof in ball applications •If the accused filed petition for bail, the prosecution has the burden to prove that the evidence of guilt is strong. WHEN WE SAY Prosecution is the first one who present in bail hearing because he has the burden of proof. Effect of a grant of bail •If a bail is granted, the accused shall be released upon approval of the bail by the judge. The basis in which bail is not required Bail is not required for violation of an ordinance, light felony or criminal offense with an imposable penalty not exceeding 6 months of imprisonment and/or Php2,000 fine. When accused does not have the financial ability to post bail initially fixed by the court •The accused can file motion to reduce bail but he must submit documents and affidavits that may warrant his claim for reduction.
TULAWE RICO O. BSCRIM-3C1 Good day atty. In this particular lecture series I've learned about 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 prescribed under the rules (Sec. 1, Rule 114). Based in this definition bail is the security posted by the accused to temporarily release of his person. Based on Sec. 1, Rule 114 In custody of the law. In detention with the police detention cell or jails or the accused voluntarily surrenders his person to the authority of the court. Requirements to post a bail is the certificate of detention to be issued by the PNP or a certification of voluntary surrender. Person of appearance is required * During arraignment * During identification * During promulgation of judgement Basis of the right to Bail * The right to bail is a constitutional right which flows form the presumption of innocence in favor of every accused who should not be subjected to the loss of freedom. * Thus, the right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that the accused is under legal custudy. Conditions attached to the garant of Bail All kinds of bail are subject to the following conditions: * The undertaking shall be effective upon approval, unless cancelled, shall remain in form at all stages of the case until promulgation of the judgement of the RTC, irrespective of whether the case was originally filled in or appealed to it. * The accused shall appear before the proper court whenever required by the court or these rules. * The failure of the accused to appear at the trial court 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 (TRIAL IN ABSENTIA) * the bondsman shall surrender the accusedto the court for execution of the final execution. Note : 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 6 months shiwing the face, left and right profiles of the accused must be attached to the bail (Sec 2, Rule 114). Liability of the surety or bondsman * It is inherently civil in nature. The liability of the bondsman on the bail arises not from the violation of, or an obligation to comply with, a penal provision of law. * It emerges instead from a contract, the bind subscribed jointly by the accused and the surety or bondsmen. NATURE OF BAIL PROCEEDINGS * the hearing of an application for bail should be summary or otherwise in the discretion of the court. If the offense committed is not bailable, the accused can still file a bail, provided that the accused will apply petition for bail. PURPOSES OF BAIL * To relieve an accused from the rigora of imprisonment until his conviction and yet secure his appearance at the trial. * To honor the presumption of innocent until his guilt is proven beyond reasonable doubt. * To enable hin to prepare his defense without being subjected to punishment prior to conviction. Forms of Bail * Corporate surety/ Bail bond - An obligation under seal given by the accused with one or more sureties and made payable to the proper officer with the condition to be void upon performance by the acused of such acts as he may be legally required to perform. -The acused goes to an authorized bonding company and he will pay a premium for the service which is percentage of the total amount of bail. PROPERTY BOND * The title of the property will be used as security for the provisonal liberty of the accused which shall constitute a lien over the property. * The accused shall cause annotation of the lein within 10 days after approval the bond before the registry of deeds. CASH DEPOSIT /CASH BOND * No further order from the court is necessary for the release of the accused if the conditionss prescribed were complied with. * If the accused does not appear when required, the whole amount of the cash bond will be forfeited in favir of the government and the accised will now be arrested. RECOGNIZANCE- An obligation of the record, entered into before some court or magistrate duly authorized to take it with the condition to do some particular act. Iy is undertaking of. a disinterested person with high credibility wherein he will execute an affidavit of recognizance to the effect that when the presence of the accused is reuired in court, the custudian will bring him to that court. * This is allowed for light felonies only. Where filed a bail? * In the court where the case is pending or, * In any RTC, MTC in case in unavailability of the judge. Bail is not required when the violation or ordinance, light or criminal offense the imposable penalty of which does not exceeds 6 months impresonment and or 2000 pesos fine.
Good evening po sir! Based on what I learned and what I heard on the discussion it is all about Bail Rule 114 of Criminal Procedure. BAIL- RULE 114- A security given for the release of a person in custody of the law, furnished by him or bondsman, to guarantee his appearance before any court as required under the conditions prescribed under this rule. Two Instances; When a person arrested and detained by police authorities and when the accused voluntarily surrenders his person to the authority of the court. One of the requirement before the accused can post a bill there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender. Basis of the Right to Bail- The first basis is whenever a person or an accused post bail that right belonging to him is enshrined under the constitution, constitutional right enshrined in the constitution is called the presumption of innocence, presumption of innocence means that every person is presumed innocent until proven otherwise. And last The right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that the accused is under the legal custody. Conditions Attached to Grant of Bail- All kinds of bail are subjects to the following conditions; The accused must execute an undertaking (Undertaking- is a statement, a warranty or promise of the accused will appear personally before the court, whenever required by the rules or by the order of the court.) And the Trial in absentia means that the accused opted to give his right to be present in the proceedings and participate therein. Liability of the Surety or Bondsman - A surety bond- is where a third person will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsmen will have to pay the amount of the cash bond. - The liability if surety or bondsman is civil in nature it means it consists in payment of sum of money and it emerges in the contract. Nature of Bail Proceedings - If the offense is bailable then you will see in the resolution or the information the recommended bail by the public prosecutor. (The amount is already included so all you have to do is pay the amount and submit the necessary requirement.) - If the offense is non-bailable in nature, then can the accused post bail. The remedy of the accused is to file a petition for bail before the court that hears or tries his case. - The hearing of an application for bail should be summary or otherwise in the discretion of the court. Purposes of Bail - Before the accused is charge guilty of the crime then he has the right to secure temporary release or freedom. - Bail is also to honor the presumption of innocence as enshrined in the constitution - Also to enable him to prepare his defense without being subjected to punishment prior to conviction. Forms of Bail - Corporate surety/bail bond - Property bond - Cash deposit/Cash bond - Recognizance Corporate surety/Bail Bond - Corporate surety has the advantages such as the accused will not pay the entire amount of the bail or the recommended amount of bail instead the accused will only pay a premium and the premium is only a small percentage of the total amount of bail. - If the accused jump bail or if he skips hearing despite notice then the bond will be cancelled and then the bonding company will be given sufficient time to locate the whereabouts of the accused who posted bail but later on jump bail. If the bonding company fails to locate the accused the court will cancel the bail and issue a warrant of arrest. Property Bond - Lien - it is an incumbent or a burden - - Annotation of the lien within 10 days after the approval of the bond (Annotation means that bail will inscribe or annotated at the back of the title before the registry of deeds if the property is registered) Cash deposit/Cash Bond - If the accused does not appear by the court or by the rules then the whole amount of the cash bond will be forfeited in favor of the government and the accused will be arrested. Recognizance - In recognizance there is no property, no cash or surety which is being brought or paid to the court. It is the undertaking of a credible person or custodian. The temporary release of the accused will entrusted to the credible persons, who has no interest in the case. In case that the court requires the presence of the accused, the custodian will have to bring the person on of the accused to attend the hearing. But recognizance does not apply to all kinds of offenses. It is only available in light felonies. Where do you Filed Bail? - Court where the case is pending - In any RTC, MTC in case of absence of unavailability of the judge - If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested. - But if the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held. Other instances when bail may be availed of - When a person lawfully arrested without a warrant asks for a preliminary investigation before the complainant or information is filed in court. - The court may require a witness to post bail if he is a material witness and bail is needed to secure his appearance. Laws on Juveniles in conflict with the law with respect to bail of non-capital offenses Where a child is detained, the court shall order the; - Release of the minor on cognizance to his parent or other suitable person - Release of the child in conflict with the law on bail - Transfer of a minor to a youth detention home/youth rehabilitation center. - If the minor is unable to post bail then he can committed to the care of the DSWD or a local rehabilitation center or upon recommendation of the DSWD. General Rule - Bail may not be filed once there is already a final judgment except even after the conviction of the MTC, bail is still a matter of right. Bail as matter of right - Before or after conviction by the MeTC and MTC. - Before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment. - Before final conviction by all children in conflict with the law for an offense not punishable by reclusion perpetua or life imprisonment. Duties of the trial judge if an application for bail is filed - The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution. (If the evidence of guilt is not strong, then the court will have to allow the accused to post bail.) Remedy of the accused when bail is denied by the trial court - The accused can file a petition for certiorari under rule 65 based on the grave abuse of discretion amounting to lack or excess of jurisdiction. Effect of a grant of bail - If a bail is granted, the accused shall be released upon approval of the bail by the judge. Bail when not required Bail is not required - When the violation is an ordinance, light felony with an imposable penalty not exceeding 6 months of imprisonment and/or 2,000 peson. Cabangon, Marvin V. 3C1 BSCRIMINOLGY LSPU-SPCC
Despite the fact that I had already learned about bail in previous subjects, this lesson has expanded my knowledge of bail, which refers to 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 set forth in section 1, rule 114. If you wish to bail out, you'll need a certificate of custody from the PNP, as well as a document of voluntary surrender. I've also learnt that the accused must present in person three times: at arraignment, identification, and promulgation. In addition, I was familiar with the nature of bail proceedings, which stipulates that the hearing of an application for bail should be summarized and otherwise left to the discretion of the court, as well as the different types of bail, such as corporate surety/bail bond; property bond; cash bond or cash deposit; and recognizance. Finally, I learned about factors to consider when determining appropriate bail, such as the accused's financial ability to post bail, the nature and circumstances of the offense, the penalty for the offense charged, the accused's character and reputation, his or her age and health, the weight of the evidence against the accused, the likelihood of the accused appearing in court, and the forfeiture of other bonds. facts that the accused was a fugitive from justice at the time of his capture; and the status of the cases in which the accused is on bail. thankyou for the lesson sir
Thank you Atty. In the video recorded lecture I have learned that Under rule 114, Bail is defined as a 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 prescribed under this rule. There are two instances; -when a person arrested and detained by police authority and; -when the accused voluntarily surrenders before the court. There must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender. Under sec 1 rule 114, it requires that a person posting a bail must be firstbe in the custody by the law may not post bail because if the person is not in the custody by the law then there is no reason to secure his temporary release. 3 instances wherein the accused personal appearance is required: -during arraignment, when the information is read to him personally. -during identification, the witness will point out the person accused. -during promulgation of judgment Basis of the right to bail -when an accused post a bail that right belonging to him that is enshrined the constitution which is presumption of innocence, means that every one is presumed innocent until proven guilty. -the right to bail only accrues when a person is arrested or deprived of his liberty. Example is when a person or accused is at large (he was not arrested). -and those accused is under the custody without voluntary surrender then he may not post bail. Conditions attached to grant of bail Bails were subjected to these following conditions; -the accused must execute undertaking (it is a statement, a warranty or promise that he/she will appear personally before the court.) -trial in absentia (means that the accused opted to give his right to be present in the proceedings and participate therein.) Liability of a bondsman -it is the bondsman liabiliy in civil natute that it means it consists in payment of sun of money and emerges it un the contract. Nature of bail proceedings -if the offense is bailable then the accused can see on the information or resolution the amount of bail and it is recommended by the public prosecutor. -if the offense is non-bailable in nature, then the accused is to file a petition for bail before the court whom hears or tries his case. -the hearing for application for bail should be in the court's discretion. Purpose of bail -the accused has the right to secure temporary release or freedom before he is charged guilty of an offense. -bail is an honor that presumed the innocent of a person as enshrined in the constitution. -it enables the accused to prepare his/her defense without subjected to punishment prior to conviction. Forms of bail 1. Corporate surity/bail bond -has the advantages such as the accused will not pay the amount of bail instead the accused will pay only a premium wherein it is a small percentage of the total amount of the bail. -if the accused jump or skip hearing then the bond will be cancelled and the court will issue a warrant of arrest to the accused. 2. Property bond - it is a lien (incumbent or burden) -annotation of lien is within 10days aftr the approval kf the bond. 3. Cash deposit / cash bond - the whole amount of the cash bond will be forfeited in favor to the government and the accused will be then arrested if he does not appear before the court. 4. Recognizance - there is no property, cash or surety. It is the undertaking of a credible person or custodian. The custodian will take full responsibility to bring the accused in court whenever he is summoned. But, release in recognizance is applicable only to light felonies. Where do you file bail? -court where the case is pending -any RTC, MTC in case absence of unavailability of the judge -any RTC or MTC where the accused is arrested -if the accused is not yet charge but is arrested it can be filed at any court in province, city or municipal where he is held. Court Martial Offenses -if a military person has been accused of war crimes or violation of the articles of war then he does not enjoy the right to post bail. Filing of Bail after a Final judgment As a general rule, bail may not be filed onced there is already a final judgment except even after the conviction of the MTC, baik is still a matter of right. Bail as a matter of right -before or after the conviction by the METC and MTC -before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment -before final conviction by all children in conflict with the law for an offrnse not punishable by reclusion perpetua or life imprisonment. Bail as a matter of discretion -upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment -when evidence of guilt is not strong -a CICL charged with an offense punishable by death, reclusion perpetua or life imprisonment when evidence of guilt is not strong. Duties of the trial judge if an application for bail is filed -the trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution. Party with the burden of proof in bail applications -if the accused filed petition fkr bail, the prosecution has the burden to prove that the evidence of guilt is strong in nature. Remedy of the accused when bail is denied by court -the accused can file a petition certiorari under rule 65 based on the grave abuse of discretion amounting to lack of excess of jurisdiction. Effects of a grant of bail -the accused shall be released upon the approval of the bail by the judge. Bail is not require -when the violation is an ordinance or light felonies that are imposable of a penalty not exceeding 6months of imprisonment. When the accused does not have financial ability to post the bail initially fixed by the court. -the accused may move its reduction by submitting document and affidavits that may warrant his claim for reduction.
RIVERA, KAYCELINE B. (3C3) Good day, Atty. Thank you for taking the time to teach us this lesson. I learned from this video lecture are the following: BAIL- RULE 114 - A security offered for the release of a person in custody of the law, furnished by him or his bondsman, to ensure his attendance before any court as needed under the terms prescribed by this rule. There are two scenarios, first is when a person is arrested and detained by police authorities. Second is when the accused voluntarily surrenders himself to the court's authority. SECTION 1 RULE 114 - It requires that a person posting bail must first be in the custody of the law; a person who is not in the law's custody may not post bail since there is no need to secure the temporary release if the person is not in the law's custody. A bail can be furnished by the individual who is seeking release, a bondsman, or a third party. The accused's personal appearance is required in three situations such as during arraignment if the accused is presented before the court and the information is read to him, during identification if the prosecution witness will have to point out the accused's face and during the issuance of the decision. The right to bail is incorporated in the constitution whenever a person or an accused posts bail. The constitutional right enshrined in the constitution is known as the presumption of innocence. Presumption of innocence indicates that everyone is presumed innocent until proven guilty. All kinds of bail are subjects to the following conditions; The following conditions apply to all types of bail: - The accused must sign an undertaking which is a statement, a warranty or promise of the accused will appear personally before the court, whenever required by the rules or by the order of the court. A trial in absentia indicates that the accused waived his right to be present and participate in the proceedings. Bail can be filed in court where the case is pending or in any RTC, MTC in case of absence of unavailability of the judge. However If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested. And if the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held. In an instance where in a child is detained, the court shall order the; - Release of the minor on cognizance to his parent or other suitable person - Release of the child in conflict with the law on bail - Transfer of a minor to a youth detention home/youth rehabilitation center. - If the minor is unable to post bail then he can committed to the care of the DSWD or a local rehabilitation center or upon recommendation of the DSWD. However if a military person has been accused of war crimes or violation of the articles of war then he does not enjoy the right to post bail. When it comes of filing of bail after a final judgment as a general rule the bail may not be filed once there is already a final judgment except even after the conviction of the MTC, bail is still a matter of right. Burden of proof in bail applications is whe the accused filed petition for bail, the prosecution has the burden to prove that the evidence of guilt is strong. The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution. If the bail is granted, the accused shall be released upon approval of the bail by the judge. And bail is not required if the violation is an ordinance, light felony with an imposable penalty not exceeding 6 months of imprisonment and/or 2,000 pesos.
I Learned a lot from this lesson, regarding to rule 114 Bail it is purpose is to secure a person in the custody of the law, In custody of the law is the person posting bail is either in detention cells , centers or jails or when the accused voluntary surrender in the authority of the court. The bail is filed in the court where the case is pending. In any RTC, MTC in case of absence or unavailability of the judge. If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested. But if the accused has been arrested but there is no charge yet in court, it can be filed in any court in the province, city, or municipality where he is held. Other instances when bail may be availed of. When a person lawfully arrested without a warrant ask for a preliminary investigation before the complainant or information is filed in court.
Good afternoon sir. Im Rio Vanessa M. Timbas 3C2 here are the things that i learn from your video lecture thank you for this lessons Sir. The right to bail accrues when a person is arrested or deprived of his liberty. All kinds of bail are subject to the following conditions Trial in absentia means that the accused opted to give his right to be present in the proceedings and participate therein. If the offense is non-bailable in nature, then can the accused post bail. A surety bond is where a third person will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsmen will have to pay the amount of the cash bond. The bail conditions include that the accused be released on bail to prepare his defense without being subjected to punishment prior to conviction. all types of bail: - The accused must sign an undertaking which is a statement, a warranty or promise of the accused will appear personally before the court, whenever required by the rules or by the order of the court. A trial in absentia indicates that the accused waived his right to be present and participate in the proceedings. Bail can be filed in court where the case is pending or in any RTC, MTC in case of absence of unavailability of the judge. However If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested.
Leonidas, Joana Marie M. 3c1 Thank you sir, this is the summary of what ive'd learned in part 7. According to the Rule 114, Bail is the security given for the release of a person in the custody of the law furnished by him or a bondsman to guarantee his appearance before any court as required under the conditions prescribed under the rules. They have also 3 Instances where the accused the personal appearance is required. - During Arraignment: The information is read to athe accused while he stands before the court. - During Identification: A person of the accused will be singled out by the witness prosecution. - During Promulgation: If a person is released on bail he is required to appear in those circumstances because the rules of court demand the personal appearance of a person release on bail. Bail can take the following: SURETY/ BAIL BOND CORPORATIONS ADVANTAGES OF CORPORATE SURETY- the accused will not have to pay theentire bail ammount of the suggested bail amount PROPERTY BOND- An incumbent or a burden is refferred to as lien. CASH DEPOSIT/ CASH BOND- deposit made by the accused or a person acting on his behalf. RECOGNIZANCE- there is no property, cash or money brought to court in life of a recognizance, and this is the understaking of a credible person or as a custodian. Where do you filed bail? 1. You can post bail in yhe coust where the case is pending. 2. in any RTC, MTC in case of absence of unavailability of the judge 3. If the accused is arrested, it can be filed with any RTC of the said place or MTC where he was arrested. 4. But if the accused has been arrested but there is no changed yet in court then it can be filed in any court in the province, city or municipality where he held arrested Court martial offenses- An accused military personnel triable by courts martial or those changed with a violation of the articles of war does not enjoy the right to bail. The effect of a grant a bail is that bail is granted the accused shall be released upon approval of the bail by the judge.
LANDICHO, NEIL M. 3C2 Thank you for this lesson Atty, this is the summary of this video. On the rules of Bail. Is the security given for the release of a person in the custody of law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions prescribed under the rules (Section 1, Article 114). Basis of the right to bail. -Whenever a person or an accused post bail that right belonging to him is enshrined under the constitution. -Constitutiomal right enshrined in the constitution is called presumption of innocence. -Presumption of Innocence means that every person is presumed innocent until proven otherwise. -If the accuses is at large, then he can post bail without surrender or without presenting himself to the court. -The right to bail presupposes that the accused is under legal custody without voluntary surrender, without arrest or detention then the accused may not post bail. Conditions attached to the grant of bail -The accused must execute an undertaking. An undertaking is a statement, it is a warranty or promise of the accused that he will appear personally before the court whenever required by the rules or the orders of the court. -Trial in absentia means that the accused opted to give his right to be present in the proceedings and participate therein. Purposes of Bail -Before the accused is a judge guilty of the crime charge then he has the right to secure temporary release or freedom. - Bail is also to honor the presumption of innocence or enshrined in the constitution. -To enable him to prepare his defense without being subjected to punishment prior to conviction. Forms of Bail -Corporate surety/Bail bond -Advantages of corporate surety - the accused will not pay the entire amount of the bail or the recommended amount of bail instead the accused will only pay a premium and the premium is only a small percentage of the total amount of bail. -Property Bond Lien - it is an incumbent or a burden -Cash deposit/Cash bond - it is deposited by the accused himself or on person acting in his behalf -Recognizance - there is no property, cash or money which is being brought of paid to the court instend a recognizance, this is the undertaking of a credible person or as a custodian. - The temporary release of the accused will be entrusted to a credible person who has no interest in the case. In case that the court requires the presence of the accused, the custodian will have to bring the person of the accused to attend the hearing but it does not apply to all kinds of offenses, and allowed only for light offense.
Roque, Alexandra 3C2 Thank you, Sir! The following are what I have learned through this video. BAIL Bail is the security given for the release of a person in the custody of law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions prescribed under the rules. Bail is a security posted by the accused to secure or guarantee his release or temporary release of his person. In custody of the law means the person posting bail is it’s either in detention with the police in detention cells or jails or when the accused voluntarily surrender in the court. Under the two instances: when a person is arrested and detained by police authorities and when the accused voluntarily surrender his person to the authority of the court, that person is said to be in custody of the law. One of the requirements before the accused can post a bail; there must be a certificate of detention, to be issued by the PNP or a certificate of voluntary surrender. According to section 1 of Rule 114, a person posting a bail must first be in the custody of the law. A person who is not in custody of the law may not post a bail because if you are not in custody of the law then there is no reason for you to secure your temporary release; you are not in any way restraint by or to your person. THERE ARE TWO KINDS OF BAIL: It can be furnished by the person seeking release himself or a third person. THERE ARE 3 INSTANCES WHERE THE ACCUSER’S PERSONAL APPEARANCE IS REQUIRED During arraignment when the accused is presented before the court and the court and the information is read to him, the personal appearance of the accused is required. During identification, the witness for the prosecution will have to point out to the person of the accused, and During promulgation of judgment. If a person is released on bail the he is required to appear in those circumstances because the rules of court demand the personal appearance of a person release on bail. The right to bail is a constitutional right which flows from the presumption of innocence in favour of every accused who should not be subjected to the loss of freedom. Thus the right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that the accused is under legal custody. CONDITION ATTACHED TO THE GRANT OF BAIL Undertaking is a statement, a warranty or promise of the accused that he will appear personally before the court whenever required by rules or by the order of the court. TRAIL IN ABSENTIA means that the accused opted to give his right to be present in the proceeding and participate therein. LIABILITY OF THE SURETY OR BONDSMEN The accused has no financial means to pay the cash bond, now the accused can obtain a surety bond. A surety bond will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsman will have to pay the amount of the cash bond. If the offense is bailable then you will see in the resolution or the information the recommended bail by the public prosecutor. If the offense is non-bailable in nature, then can the accused post bail. The remedy of the accused is to file a petition for bail before the court hears or tries his case. NATURE OF BAIL PROCEEDINGS A bail proceeding is summary in nature. Summary - it’s supposed to be continuous and expeditious. THE PURPOSES OF BAIL Before the accused judge guilty of the crime charge then he has a right for temporary release or freedom. It will appear that while the case is being tried and the accused is detained it would appear that he is being punished of a crime to which he was not yet convicted. To enable the accused to prepare his defense then he can avail of his right to post bail. FORMS OF BAIL CORPORATE SURETY OR BAIL BOND The accused goes to an authorized bonding company and he will pay premium for the service. The advantage is the accused will not pay the entire amount of the bail, the accused will only pay the premium that will premium is only a small percentage of the total amount of the bail. The corporate surety is resorted to if the accused lacks financial capacity to post cash bond. If the accused jump bail or if he skips hearing despite notice then the bond will be cancelled and then the bonding company will be given sufficient time to locate the whereabouts of the accused who posted bail but later on jump bail. If the bonding company fails to locate the accused the court will cancel the bail and issue a warrant of arrest. PROPERTY BOND Annotation means that bail will inscribe or annotated at the back of the title before the registry of deeds if the property is registered. CASH DEPOSIT OR CASH BOND The common is cash deposit for cash bond. RECOGNIZANCE There is no property, no cash or surety which is being brought or paid to the court. It is the undertaking of a credible person or custodian. The temporary release of the accused will entrusted to the credible persons, who has no interest in the case. In case that the court requires the presence of the accused, the custodian will have to bring the person on of the accused to attend the hearing. But recognizance does not apply to all kinds of offenses. It is only available in light felonies. WHERE DO YOU FILE BAIL? - You can post bail in the court where the case is pending. - In any RTC, MTC in case of absence of unavailability of the judge - If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested. - But if the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held arrested. LAWS ON JUVENILES IN CONFLICT WITH THE LAW WITH RESPECT TO BAIL OF NON-CAPITAL OFFENSES Where a child is detained, the court shall order the: 1. Release of the minor on cognizance 2. Release of the child in conflict with the law on bail or 3. Transfer of a minor to a youth detention home/youth rehabilitation center. - If the minor is unable to post bail, then he can committed to the care of the DSWD or a local rehabilitation center or upon recommendation of the DSWD. COURT MARTIAL OFFENSES If a military person has been accused of war crimes or violation of the articles of war then he does not enjoy the right to post bail. FILING OF BAIL AFTER A FINAL JUDGEMENT As a general rule, bail may not be filed once there is already a final judgement except even after the conviction of the MTC, bail is still a matter of right. DUTIES OF THE TRIAL JUDGE IF AN APPLICATION FOR BAIL IS FILED The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution. If the evidence of guilt is not strong, then the court will have to allow the accused to post bail. PARTY WITH THE BURDEN OF PROOF IN ALL APPLICATIONS If the accused filed petition for bail, the prosecution has the burden to prove that the evidence of guilt is strong. Prosecution is the first one who present in bail hearing because he has the burden of proof. EFFECT OF A GRANT OF BAIL If a bail is granted, the accused shall be released upon approval of the bail by the judge. BAIL WHEN NOT REQUIRED Bail is not required for violation of an ordinance, light felony or criminal offense with an imposable penalty not exceeding 6 months of imprisonment and/or Php2,000.00 fine. WHEN ACCUSED DOES NOT HAVE THE FINANCIAL ABILITY TO POST BAIL INITIALLY FIXED BY THE COURT The accused can file motion to reduce bail but he must submit documents and affidavits that may warrant his claim for reduction.
MANTO, KYLA M. 3C2 Thank you sir for this lecture, this is the summary of what I've learned: Bail, Rule 114 is the security given for the release of a person in custody of the law, furnished by him or a bodnsman, to guarantee his apperance before any court as a required under the conditions prescribed under Section 1, Rule 114. According to Section 1, Rule 114 that person who posting a bail is in the custody of the law, either detention with the police centers or cells or the jail s or when the person voluntary surrender in court. One of the requirement before the accused can post a bill there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender. There are 3 instances where the accused personal appearance is required: 1. During arraignment 2. During identification 3. During promulgation Basis of the Right to Bail: Whenever a person or an accused post bail that right belonging to him is enshrined under the constitution. Constitutional right enshrined in the constitution is called the presumption of innocence, presumption of innocence means that every person is presumed innocent until proven otherwise. The right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that the accused is under the legal custody. Conditions Attached to Grant of Bail: All kinds of bail are subjects to the following conditions; *The accused must execute an undertaking. (Undertaking- is a statement, a warranty or promise of the accused will appear personally before the court, whenever required by the rules or by the order of the court.) *Trial in absentia means that the accused opted to give his right to be present in the proceedings and participate therein. Liability of the Surety or Bondsman: *A surety bond- is where a third person will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsmen will have to pay the amount of the cash bond. *The liability if surety or bondsman is civil in nature it means it consists in payment of sum of money and it emerges in the contract. Nature of bail proceedings: -Summary in nature. - The hearing of an application for bail should be summary or otherwise in the discretion of the court. Purposes of Bail: Before the accused is charge guilty of the crime then he has the right to secure temporary release or freedom. Bail is also to honor the presumption of innocence as enshrined in the constitution To enable him to prepare his defense without being subjected to punishment prior to conviction. Forms of Bail: *Corporate surety/bail bond *Property bond *Cash deposit/Cash bond *Recognizance Laws on Juveniles in conflict with the law with respect to bail of non-capital offenses: *Release of the minor or recognizance to his/her parents and other suitable person *Release of the child in conflict with the law on bail *Transfer of the minor to a youth detention home/youth rehabilitation If the minor is unable to post bail then he can committed to the care of the DSWD or a local rehabilitation center or upon recommendation of the DSWD. Court Martial Offenses: If a military person has been accused of war crimes or violation of the articles of war then he does not enjoy the right to post bail. Filing of bail after a final judgement: As a general rule, bail may not be filed once there is already a final judgement except even after the conviction of the MTC, bail is still a matter of right. Duties of the trial judge if an application for bail is filed: The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution. If the evidence of guilt is not strong, then the court will have to allow the accused to post bail. Party with the burden of proof in ball applications: If the accused filed petition for bail, the prosecution has the burden to prove that the evidence of guilt is strong. Prosecution is the first one who present in bail hearing because he has the burden of proof. Effect of a grant of bail: If a bail is granted, the accused shall be released upon approval of the bail by the judge. Bail when not required: Bail is not required for violation of an ordinance, light felony or criminal offense with an imposable penalty not exceeding 6 months of imprisonment and/or Php2,000 fine. When accused does not have the financial ability to post bail initially fixed by the court: The accused can file motion to reduce bail but he must submit documents and affidavits that may warrant his claim for reduction. Priority of hearing for motion for education of Bail: *Such motion shall enjoy priority in the hearing of cases. *In order fixing the amount of the bail shall not be subject to appeal. Where do you Filed Bail? *Court where the case is pending. *In any RTC, MTC in case of absence of unavailability of the judge. *If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested. *But if the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held.
TAÑO, AIRA JOY M. 3C3 Thank you for this lesson, Sir. This is the summary of what I’ve learned from this video lecture. The rules on bail. Bail is the security given for the release of a person in the custody of law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions prescribed under the rules (Section 1, Article 114). According to Section 1, Rule 114 that person who is posting a bail is in the custody of law. In the custody of law means that the person posting bail, it's either in detention with the police detention cells or detention centers or the jails or when the accused voluntarily surrender in the court. One of the requirements before the accused can post a bail there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender. Rule 114 Section 1 requires that a person posting a bail must be first in the custody of the law. A person who is not in the custody of the law may not post bail because if you are not in the custody of the law then there is no reason for you to secure you temporary release. A bail can be furnished by the person seeking release himself or bondsman or a third person. Three instances wherein the accused personal appearance is required . 1. During arraignment when the accused is presented before the court and the information is read to him the personal appearance of the accused is required. 2. During identification - the witness for the prosecution will have to point out the person of the accused. 3. During promulgation of judgment. Basis of the right to bail -Whenever a person or an accused post bail that right belonging to him is enshrined under the constitution. -Constitutional right enshrined in the constitution is called presumption of innocence. -Presumption of Innocence means that every person is presumed innocent until proven otherwise. -If the accuses is at large, then he can post bail without surrender or without presenting himself to the court. -The right to bail presupposes that the accused is under legal custody without voluntary surrender, without arrest or detention then the accused may not post bail. Conditions attached to the grant of bail The accused must execute an undertaking. An undertaking is a statement, it is a warranty or promise of the accused that he will appear personally before the court whenever required by the rules or the orders of the court. Trial in absentia means that the accused opted to give his right to be present in the proceedings and participate therein. Nature of bail proceedings >a bail proceedings is summary in nature. >summary - it supposed to be continuous and expeditios. Purposes of Bail Before the accused is a judge guilty of the crime charge then he has the right to secure temporary release or freedom. Bail is also to honor the presumption of innocence or enshrined in the constitution To enable him to prepare his defense without being subjected to punishment prior to conviction. Forms of Bail Corporate surety/Bail bond Advantages of corporate surety - the accused will not pay the entire amount of the bail or the recommended amount of bail instead the accused will only pay a premium and the premium is only a small percentage of the total amount of bail. Property Bond Lien - it is an incumbent or a burden Cash deposit/Cash bond - it is deposited by the accused himself or on person acting in his behalf Recognizance - there is no property, cash or money which is being brought of paid to the court instead a recognizance, this is the undertaking of a credible person or as a custodian. The temporary release of the accused will be entrusted to a credible person who has no interest in the case. In case that the court requires the presence of the accused, the custodian will have to bring the person of the accused to attend the hearing but it does not apply to all kinds of offenses, and allowed only for light offense. Where do you filed bail 1. You can post bail in the court where the case is pending 2. In any RTC, MTC in case of absence of unavailability of the judge 3. If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested. 4. But if the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held arrested. Laws on Juveniles in conflict with the law with respect to bail of non-capital offenses Where a child is detained, the court shall order the: a. Release of the minor on cognizance b. Release of the child in conflict with the law on bail or c. Transfer of a minor to a youth detention home/youth rehabilitation center. There is automatic cancellation of bail when there is acquittal of the accused, dismissal of the accused, and execution of judgment of conviction.
Renz Noreal Palomares 3C4. Noted: Rule 114- Bail It is 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 prescribed under the rules. The right to bail is constitutional rights which flows from the presumption of innocence in favor of every accused who should not be subjected to the loss of freedom. Thus the right to bail only accrues when a person is arrested or deprived of his liberty tge right yo bail presupposes that the accused is under legal custody. All kinds of bail are subject to the following Conditions. * Undertaking shall be effective upon approval, and unless cancelled shall remain in form at all stages of the case until promulgation of the judgement of the Regional trial court, irrespective of whether the case was originally filled in or appealed to it. * The accused shall appear before the proper court whenever required by the court bor these rules. * 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 threat. In such case the trial may proceed in absentia and * The bondsman shall surrender the accused to the court for thw final execution. NOTE. The original papers shall state the full name and address of the accused, tge amount of the undertaking and the Conditions required by this section. Photographs ( passport size ) taken within the last 6 months showing the face left and right profiles of the accused must be attached to the bail. Liability of surety or bondsman * It is inherently civil in nature, the liability ofbthe bondsman or the bail bond arises not from the violation of or an obligation to comply with a penal provision of law. * It is emerges instead from a contract the bond subscribed jointly by the accused and surely or bondsman. The hearing of an application for bail should be summary or otherwise in the discretion of court. To relieve an accused from the rigors of imprisonment until his conviction and yet secure his appearance at the trial. To honor the presumption of innocence until his guilt is proven beyond reasonable doubt. To enable him to prepare hid defense without being subjected to punishment prior to conviction. Forms of bonds * Corporate surety/ bail bond * Property bond * Cash deposit/ cash bond * Recognizance Where filed bail In the court where the case is pending. In the absence or unavailability of the judge thereof, with any RTC judge, MTC judge or MCTC judge in the Province, city, or municipality. NOTE. when bail is filed with a court other than whre the case is pending tge judge who accepted the bail shall forward it, together with the order or release and other supporting papers, to tge court where the case is pending. If the accused is arrested in a Province, City, or municipality other than where tge case is pending, bail may also be filed with any RTC of said place, or if no judge thereof is available with any MTC judge, MCTC therein or Any person in custody who is not yet charge in court may apply for bail with any court in the Province, City or municipality where he is held.
Bianzon, Edmon M. 3C2 In this video lecture I've learned that bail is the security given for the release of a person in the custody of law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions prescribed under the rules (Section 1, Article 114). According to Section 1, Rule 114 that person who is posting a bail is in the custody of law. In the custody of law means that the person posting bail, it's either in detention with the police detention cells or detention centers or the jails or when the accused voluntarily surrender in the court. Requirements before the accused can post a bail there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender. Rule 114 Section 1 requires that a person posting a bail must be first in the custody of the law. Forms of Bail - most common place is Cash Deposit/Cash Bond - Corporate Surety/ Bail Bond - Property Bond - Recognizance If the accused is arrest at the province, city or municipality other than where the case is pending where filed - case is pending - In RTC, MTC therein - Accuse is arrested When a person lawfully arrested without a warrant ask for the preliminary investigation before the complain Law on Juvenile in conflict with the Law with respect to bail of non-capital offenses - release of a minor or recognizance to his/her parents and other suitable persons - release of the child in conflict If the minor is furnish bail committed to the care of DSWD or rehabilitation center upon recommendation of DSWD Thank you sir
FAJANILAN, KRISTEL ANNE C. 3C1 Thank you Sir, this is the summary of what I've learned: Bail is the security given for tbe release of a person in the custody of law, furnished by him or a bondsma, to gurantee his appearance before any court as required under the conditions presdribed under the rules. According to Section 1, Rule 114 that person who is posting a bail is in the custody of law. In the custody of law means that the person posting bail, it's either in detention with the police detention cells or detention centers or the jails or when the accused voluntarily surrender in court. One of the requirements before the accused can post a bail there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender. Rule 114 Section 1 requires that a person posting a bail must be first in the custody of the law. A person who is not in the custody of the law may not post bail because if you are not in thr custody of the law then there is no reason for you to secure you temporary release. A bail can be furnished by the person seeking release himself or bondsman or a third person. Three instances wherein the accused personal appearance is required 1. During arraignment when the accused is presented before the court and the information is read to him the personal appearance of the accused is required. 2. During identification - the witness for the prosecution will have to point out the person of the accused. 3. During promulgation of judgment Basis of the right to bail •whenever a person or an accused post bail that right belonging ti him is enshrined under the constitution. •constitutional right enshrined in the constitution is called presumption of innocence. •Presumption of Innocence means that every person is presumed innocent until proven otherwise. •if the accuses is at large, then he can post bail without surrender or without presenting himself to the court. (At large - did not voluntarily surrender to the court or he was not arrested. •The right to bail presupposes that the accused is under legal custody without voluntary surrender, without arrest or detention then the accused may not post bail. Conditions attached to the grant of bail •The accused must execute an undertaking. An undertaking is a statement, it is a warranty or promise of the accused that he will appear personally before the court whenever required by the rules or the orders of the court. •Trial in absentia means that the accused opted to give his right to be presebt in the proceedings and participate therein. Liability of the surety or bondsmen is civil in nature. A surety bond is where a third person will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsmen will have to pat the amount of the cash bond. If the offense is bailable then you will see in the resolution or the information the recommended bail by the public prosecutor. If the offense is non-bailable in nature, then can the accused post bail. The remedy of the accused is to file a petitio for bail before the court hears or tries his case. Nature of bail proceedings • a bail proceedings is summary in nature. • summary - it supposed to be continuous and expeditios. Purposes of Bail • Before the accused is a judge guilty of the crime charge then he has the right to secure tenporary release or freedom. • Bail is also to honor the presumption of innocence or enshrined in the constitution • To enable him to prepare his defense without being subjected to punishment prior to conviction. Forms of Bail •Corporate surety/Bail bond Advantages of corporate surety - the accused will not pay the entire amount of the bail or the recommended amount of bail instead the accused will only pay a premium and the premium is only a small percentage of the total amount of bail. •Property Bond Lien - it is an incumbent or a burden •Cash deposit/Cash bond - it is deposited by the accused himseld or on person acting in his behalf •Recognizance - there is no property, cash or money which is being brought ot paid to the court instaed a recognizance, this is the undertaking of a credible person or as a custodian. - The temporary release of the accused will be entrusted oto a credible person who has no interest in the case. In case that the court requires the presence of the accused, the custoduan will have to bring the person of the accysed to attend the hearing but it does not apply to all kinds of offenses, and allowed only for light offense. Where do you filed bail 1. You can post bail in the court where the case is pending 2. In any RTC, MTC in case of absence of unavailability of the judge 3. If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested. 4. But if the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held arrested. Laws on Juveniles in conflict with the law with respect to bail of non-capital offenses Where a child is detained, the court shall order the: a. Release of the minor on cognizance b. Release of the child in conflict with the law on bail or c. Transfer of a minor to a youth detention home/youth rehabilitation center. If the minor is unable to post bail then he can committed to the care of the DSWD or a local rehabilitation center or upon recommendation of the DSWD. Court Martial Offenses • If a military person has been accused of war crimes or violation of the articles of war then he does not enjoy the right to post bail. Filing of bail after a final judgement •As a general rule, bail may not be filed once there is already a final judgement except even after the conviction of the MTC, bail is still a matter of right. Duties of the trial judge if an application for bail is filed •The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution. If the evidence of guilt is not strong, then the court will have to allow the accused to post bail. Party with the burden of proof in ball applications •If the accused filed petition for bail, the prosecution has the burden to prove that the evidence of guilt is strong. Prosecution is the first one who present in bail hearing because he has the burden of proof. Effect of a grant of bail •If a bail is granted, the accused shall be released upon approval of the bail by the judge. Bail when not required •Bail is not required for violation of an ordinance, light felony or criminal offense with an imposable penalty not exceeding 6 months of imprisonment and/or Php2,000 fine. When accused does not have the financial ability to post bail initially fixed by the court •The accused can file motion to reduce bail but he must submit documents and affidavits that may warrant his claim for reduction.
Done watching sir! AVERION, DIANNE D. 3C4 In this video recorded lecture, I've learned that Bail is a release of a person it is a security posted by the accused to secure his release or temporary release of a person. In custody of a law means that a person posting bail is either in detention centers or where the accused voluntarily surrender at the court. that a person is set to be in custody of the law. -There must be a certificate of detention to be issued by the PNP, this requirements mention because rule 114 requires that a person must be in custody of law to secure the temporary release -by the person or bondsman 3 instances were in the accused personal appearance is required 1. during arraignment 2. during identification 3. during promulgation of judgement -The right to bail is a constitutional rights -presumption of innocence any person presumed innocence unti proven either wise The liability of the surety or bondsman is civil in nature NATURE -nature of bail proceedings -a bail procedure is summary FORMS OF BAIL •Bail Bond •Property Bond •Cash Deposit/Cash Bond- if the accused does not appea •Recognizance- disinterested person with high credibility. this allowed light felonies only. If the accused is arrest at the provinve, city or municipality other than where the case is pending where filed 1. case is pending 2. In RTC, MTC therein 3. Accuse is arrested When a person lawfully arrested without a warrant ask for the preliminary investigation before the complain -Law on Juvinile in conflict with the Law with respect to bail of non-capital offenses a. release of a minor or recognizance to his/her parents and other suistable persons b. release of the child in conflict If the minor is furnish bail committed to the care of DSWD or rehabilitation center upon recommendation of DSWD GENERAL RULE: Bail may not be fuled once there is already final judgement
ILAGAN, WILLIAM M. 3C3 Thank you for for this topic in rule 114. Bail A security is a bond posted by the defendant to obtain or secure his release or the temporary release of his people. In custody means that the person posting the bond is being held with the police in a cell or prison, or when the defendant voluntarily goes to court. In both cases: when a person is arrested and detained by the police and when the accused voluntarily surrenders his person to the jurisdiction of the court, this person is said to be in police custody. One of the conditions before the accused can post; must have a detention certificate issued by the PNP or a certificate of voluntary surrender. Section 1 Rule 114 requires that a person posting a bond first be subject to legal scrutiny. A person who is not detained by law cannot sign up because if you are not detained by law there is no reason for you to be temporarily released; you are not bound by or towards yourself at all. There are two types of warranties: It can be provided by the release requester or by a third party. Three cases require the personal appearance of the accuser (1) the arrangement - at the placement, when the defendant is brought before the court and panel and the information is read to him, then The personal appearance of the accused is required. (2) When determining, the prosecution witness must designate the defendant's person, and (3) when issuing the sentence. If a person is released on bail, they are required to appear in these cases because court regulations require a person's personal appearance on bail. Basis of the right to Bail The right to bail is a constitutional right derived from the presumption of innocence in favor of any defendant not deprived of liberty. Therefore, the right to bail only exists when a person is arrested or deprived of liberty. The right to bail presupposes that the accused is in lawful custody. Condition attached to the grant of bail An undertaking is a statement, guarantee or promise by the defendant that he will appear in person whenever required by regulation or court order. Example: Defendant failed to appear at trial without justification and, despite giving notice, the consequences were deemed to be a waiver of his right to be present and the trial could therefore take place in ABSENTIA . Absentee trial means that the defendant chooses to delegate his/her right to appear and participate in the proceedings. Liability of the surety or bondsmen Example: Defendant did not have enough financial resources to pay the bond in cash. A bond will guarantee the release of the accused, provided that if the defendant does not appear, the guarantor or the guarantor will have to pay the bond in cash. Purposes of bail Before being charged with a crime by the judge, he is then entitled to provisional release or release. It appears that while the case is pending and the accused is in custody, it appears that he is being punished for a crime for which he has not been convicted. In order for the accused to prepare his defense, he may use his bail registration right. Forms of bail Corporate surety or bail bond The defendant is considered a certified liaison company and pays a service premium. The advantage will not pay the total amount of the defendant of the deposit. The defendant pays a bonus and a small percentage of the total amount of the deposit. The corporate guarantor also applies to defendants if the financial capacity to publish cash credits. If this does not blame the deposit, the binding will be canceled if you jump hearing, but the defendant published the deposit will be sufficiently disabled to find the defendant material posted on the jump deposit later. If a liaison company can not find the defendant, the Tribunal will annul the deposit and will issue the arrest warrant. Property bond The annotation means that the guarantee will be registered or annotated on the back of the title before the registration of the deed if the property is registered. Cash deposit or cash bond The common is cash deposit for cash bond. Recognizance In the affidavit, no property, money or security was brought to court or paid to the court. It is the commitment of a trusted person or custodian. The temporary release of the accused will be entrusted to trusted people who have no interest in the case. In case the court requires the defendant to be present, the housekeeper must bring the defendant's person to the court hearing. But the pledge does not apply to all crimes. It is only available for misdemeanors. When a matter of right; Exceptions when a matter of discretion - Bail as a matter of right - Before or after conviction by the MeTC and MTC, and; - Before conviction by the RTC of an offense not punishable by death, reclusion Perpetua or life imprisonment Sec 4; - Before the final conviction by all children in conflict with the law for an offense not punishable by reclusion Perpetua or life imprisonment. Bail as a matter of discretion Upon conviction by the RTC of an offense not punishable by death, reclusion Perpetua or life imprisonment. Regardless of the stage of the criminal prosecution, a person charged with a capital offense, or an offense punishable by reclusion Perpetua or life imprisonment, when evidence of guilt is not strong Sec 7. A child in conflict with the law charged with an offense punishable by death, reclusion Perpetua or life imprisonment when evidence of guilt is not strong. Instances when there is automatic cancellation of bail Acquittal of the accused Dismissal of the case and; Execution of judgment of conviction. SEC 22 Rule 114.
RULE 114-BAIL BAIL - is the security given for the release of a person in the custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions prescribed under the rules. Meaning to say, it is the accused guarantee for his/her temporary release. In able for the accused to post a bail, he must possessed a certificate of detention or even certificate of voluntary surrender issued by the PNP. BASIS OF THE RIGHT TO BAIL CONSTITUTIONAL RIGHTS - it only means that he will remain innocent until the court has proven his guilt. So there are 3 instances (as stated in RULES OF CRIMINAL PROCEDURE) where the personal appearance of the accused is required: a. During arraignment; b. During identification; and c. During promulgation CONDITIONS ATTACHED TO THE GRANT OF BAIL 1. The accused shall appear before the proper court whenever required by the court or the rules. 2. Trial may proceed even without the presence of the accused, that is called trial in absentia. FORMS OF BAIL Corporate Surety/Bail Bond - The accused will not pay the total amount of the bail, instead, he will only pay the premium amount of it. Property Bond -posting bail using properties such as home, car, business and alike. Cash bond -in this kind of bail, the accused will pay its total amount using cash. Recognizance-the accused will not the pay bail.He will just make a written promise that he will appear in court whenever it is required. WHERE TO FILE? 1. In the court where the case is pending 2. In any RTC, MTC in case of absence of unavailability of the judge 3.. With any RTC or MTC where the accused was arrested. BAIL AS A MATTER OF RIGHT - it is indeed true that even the accused person still have rights for his own and the purpose of this bail is to allow that person to freely exercise it. WHEN DOES BAIL SHALL NOT BE REQUIRED? When the offense charged is for violation of an ordinance, a light, or a criminal offense, the imposable penalty of which does not exceed 6 months imprisonment and or Php 2,000.00 fines, under circumstances provided under RA 6036. Thank you po , Atty. SABONG, ROVILYN M. 3C3
TUBOG, MARIEL ANNE O. 3C2 In this particular lesson, I have learned about the bail, though it was already mentioned in my previous subjects, this enhance my knowledge regarding bail which refers to the security given for the release of a person in custody of the law, furnished by him or bondsman, to guarantee his appearance before any court as required under the conditiona prescribed under section 1, rule 114. Thus, there must be a certificate of detention to be issued by the PNP as a requirement if you want to bail or a certificate of voluntary surrender. Also, I have learned the three instances where the personal appearance of the accused is required: during arraignment; during identification; and during promulgation. Moreover, I knew the nature of bail proceedings which says that the hearing of an application for bail should be summarized and otherwise in the discretion of the court as well as the different forms of bail such as corporate surety/bail bond; property bond; cash bond or cash deposit; and recognizance. Lastly, I have learned the things to consider in fixing appropriate bail such as the financial ability of the accused to give bail; nature and circumstances of the offense; penalty for the offense charged; character and reputation of the accused; age and health of the accused; weight of the evidence against the accused; probability of tge accused appearing in trial; forfeiture of other bonds; facts that the accused was a fugitive from justice when arrested; and pendency of the cases in which the accused is under the bond. These are all the knowledge I have gained in this lesson. Thank you sir and Godbless!
DE LUNA JR., DOMINADOR A. 3C4 Thank you Sir, this is the summary of what I've learned regarding bail: Defining bail, basically it refers to the security given for tbe release of a person in the custody of law, furnished by him or a bondsma, to gurantee his appearance before any court as required under the conditions presdribed under the rules. According to Section 1 of Rule 114 that person who is posting a bail is in the custody of law. In custody of law means that the person posting bail, it's either in detention with the police detention cells or detention centers or the jails or when the accused voluntarily surrender in court. One of the requirements before the accused can post a bail there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender. According to the Rule 114 Section 1 requires that a person posting a bail must be first in the custody of the law. A person who is not in the custody of the law may not post bail because if you are not in thr custody of the law then there is no reason for you to secure you temporary release. A bail can be furnished by the person seeking release himself or bondsman or a third person. Three instances wherein the accused personal appearance is required 1. During arraignment when the accused is presented before the court and the information is read to him the personal appearance of the accused is required. 2. During identification - the witness for the prosecution will have to point out the person of the accused. 3. During promulgation of judgment Basis of the right to bail •whenever a person or an accused post bail that right belonging ti him is enshrined under the constitution. •constitutional right enshrined in the constitution is called presumption of innocence. •Presumption of Innocence means that every person is presumed innocent until proven otherwise. •if the accuses is at large, then he can post bail without surrender or without presenting himself to the court. (At large - did not voluntarily surrender to the court or he was not arrested. •The right to bail presupposes that the accused is under legal custody without voluntary surrender, without arrest or detention then the accused may not post bail. Conditions attached to the grant of bail •The accused must execute an undertaking. An undertaking is a statement, it is a warranty or promise of the accused that he will appear personally before the court whenever required by the rules or the orders of the court. •Trial in absentia means that the accused opted to give his right to be presebt in the proceedings and participate therein. Furthermore, the liability of the surety or bondsmen is civil in nature. A surety bond is where a third person will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsmen will have to pat the amount of the cash bond. In addition, If the offense is bailable then you will see in the resolution or the information the recommended bail by the public prosecutor. If the offense is non-bailable in nature, then can the accused post bail. The remedy of the accused is to file a petitio for bail before the court hears or tries his case. Nature of bail proceedings • a bail proceedings is summary in nature. • summary - it supposed to be continuous and expeditios. Purposes of Bail • Before the accused is a judge guilty of the crime charge then he has the right to secure tenporary release or freedom. • Bail is also to honor the presumption of innocence or enshrined in the constitution • To enable him to prepare his defense without being subjected to punishment prior to conviction. Forms of Bail •Corporate surety/Bail bond Advantages of corporate surety - the accused will not pay the entire amount of the bail or the recommended amount of bail instead the accused will only pay a premium and the premium is only a small percentage of the total amount of bail. •Property Bond Lien - it is an incumbent or a burden •Cash deposit/Cash bond - it is deposited by the accused himseld or on person acting in his behalf •Recognizance - there is no property, cash or money which is being brought ot paid to the court instaed a recognizance, this is the undertaking of a credible person or as a custodian. - The temporary release of the accused will be entrusted oto a credible person who has no interest in the case. In case that the court requires the presence of the accused, the custoduan will have to bring the person of the accysed to attend the hearing but it does not apply to all kinds of offenses, and allowed only for light offense. Where do you filed bail 1. You can post bail in the court where the case is pending 2. In any RTC, MTC in case of absence of unavailability of the judge 3. If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested. 4. But if the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held arrested. Laws on Juveniles in conflict with the law with respect to bail of non-capital offenses Where a child is detained, the court shall order the: a. Release of the minor on cognizance b. Release of the child in conflict with the law on bail or c. Transfer of a minor to a youth detention home/youth rehabilitation center. Take note that If the minor is unable to post bail then he can committed to the care of the DSWD or a local rehabilitation center or upon recommendation of the DSWD. Court Martial Offenses • If a military person has been accused of war crimes or violation of the articles of war then he does not enjoy the right to post bail. Filing of bail after a final judgement •As a general rule, bail may not be filed once there is already a final judgement except even after the conviction of the MTC, bail is still a matter of right. Duties of the trial judge if an application for bail is filed •The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution. If the evidence of guilt is not strong, then the court will have to allow the accused to post bail. Party with the burden of proof in ball applications •If the accused filed petition for bail, the prosecution has the burden to prove that the evidence of guilt is strong. Prosecution is the first one who present in bail hearing because he has the burden of proof. Effect of a grant of bail •If a bail is granted, the accused shall be released upon approval of the bail by the judge. Bail when not required •Bail is not required for violation of an ordinance, light felony or criminal offense with an imposable penalty not exceeding 6 months of imprisonment and/or Php2,000 fine. Take note that when the accused does not have the financial ability to post bail initially fixed by the court: -The accused can file motion to reduce bail but he must submit documents and affidavits that may warrant his claim for reduction.
DEL MUNDO, SHAINA D. 3C4 This is the summary of what I've learned: Regarding Rule 114 Bail is a security given for the release of a person in custody of the law, furnished by him or a bund's men to guarantee his appearance before any court as required under the conditions prescribed under the rules now based on the definition of bail is a security, it is a security for what purpose that security posted by the accused is to secure or guarantee his release. According to section 1 or rule 114, the person posting bail is in custody of the law. What do you mean by custody of the law? Custody of the law means that the person posting bail is either in detention with the police detention cells, detention centers, or jails, or when the accused voluntarily surrenders the court. When a person is arrested and held by police, and the accused voluntarily surrenders his or her person to the court's authority, that person is said to be in custody of the law.
PASTRANA, KATRINE L. 3C2 BAIL (RULE 114) - It is the security given for the release of a person in custody of the law furnished by him or a bondsmen to guarantee his appearance before any court as required under the conditions prescribed under the rules. - To secure or guarantee the release of the accused whether it is temporary or no. - “The person who is posting a bill is in the custody of the law” this means that the person posting the bail is either in detention (with the police detention cells or detention centers) or the jails or when the accused voluntarily surrendered in the court. TWO INSTANCES: 1. When a person is arrested and detained by police authorities; and 2. When the accused voluntarily surrenders to the authority of the court. REQUIREMENTS BEFORE THE ACCUSED CAN POST A BILL: - There must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender. - REASON: That a person posting a bill must first be in the custody of the law so that there is no reason for you to secure your temporary release; or you’re not in any way restrained by or to your person. TWO KINDS OF BAIL: 1. It can be furnished by the person seeking to release himself; or 2. A bondsman or a third person. • The posting of a bail is with the end view that the appearance of the accused will be guaranteed with the court as may be required under the rules of court and as may be ordered by the court. THREE INSTANCES WHERE IN THE ACCUSED PERSONAL APPEARANCE IS REQUIRED: 1. During arraignment- when the accused is presented before the court and the information is read to him, the personal appearance of the accused is required. 2. During identification- the witness for the prosecution will have to point out to the person of the accused. 3. During promulgation of judgment NOTE: Under these three circumstances, the personal appearance of the accused is required and therefore if a person is released on bail then he is required to appear in court demand. BASIS OF THE RIGHT OF THE ACCUSED: 1. To post bail where is this right coming from the right to bail is a constitutional right which flows from the presumption of innocence in favor of the accused who should not be subjected to the loss of freedom. - Whenever a person or an accused post bail that right belonging to him is enshrined under the constitution) CONSTITUTIONAL RIGHT- The right is called the presumption of innocence. PRESUMPTION OF INNOCENCE- every person is presumed innocent until proven guilty. 2. The right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that accused is under legal custody. - Example: that if in if the accused is at large (did not voluntarily surrender to the court or he was not arrested) when he uses representative the right to bail presupposes that the accused may not post bail. If a person has successfully granted bail there are conditions that he or she must undertake, the conditions attached to the grant of bail are the following: 1. There must be an undertaking - Remain informed at all stages of the case until promulgation of the judgment of the regional trial court. - 2. That the accused shall appear before the court whenever required by the court - Failed to appear at the trial without justification appear on the part of the accused and shall be deemed as a waiver of his right to be present. Therefore, the trial may proceed in absentia (accused is opted to give his right to be present in the proceedings and participate there in now the advancement shall surrender the accused of the court from exit for execution of the final judgment). LIABILITY OF THE SURETY OT BONDSMEN: - This is civil in nature which consists of payment in a sum of money that emerges from a contract. SURETY OR BONDSMEN- a third person that will guarantee the release of the accused on the condition that if the accused fails to appear then they will have to pay the amount of the cash. CAN THE ACCUSED FILE A POST BAIL EVEN IF THAT OFFENSE THAT HE ALLEGEDLY COMMITTED IS NON-BAILABLE? - Yes, a petition for bail before the court that hears or tries his case NATURE OF BAIL PROCEEDINGS - The hearing of an application for bail should be summary or otherwise in the discretion of the court. SUMMARY- it must be expeditious or it is supposed to be continuous that will not allow several postponements. PURPOSES OF BAIL 1. To relieve an accused from rigors of imprisonment until his conviction and yet secure his appearance at the trial. 2. To honor the presumption of innocence until his guilt is proven beyond reasonable doubt. 3. To enable the accused to prepare his defense without being subjected to punishment prior to conviction. FORMS OF BAIL 1. CORPORATE SURETY OR BAIL BOND - Obligation under seal given by the accused with one or more sureties and made payable to the proper officer with the condition to be void upon performance by the accused of such acts as he may be legally required to perform. - The accused goes to an authorized bonding company and he will pay a premium for the service which is the percentage of the total amount of bail. - If the accused jumps bail or he if he skips hearing despite notice then the bond will be cancelled and then the bonding company will be given sufficient time to locate the whereabouts of the accused who posted bail but later on jumps bail. 2. PROPERTY BOND - The title of the property will be used as security for the provisional liberty of the accused which shall constitute a lien (incumbent or a burden) over the property; and - The accused shall cause the annotation of the lien within 10 days after the approval of the bond before the: • REGISTRY OF DEEDS (if the property is registered); or • REGISTRATION OF BOOKS IN THE REGISTRY OF DEEDS of the place where the land lies and before the provincial, city or municipal assessor on the corresponding tax declaration (if the property is not registered) 3. CASH DEPOSIT OR CASH BOND - If the accused does not appear when required by the court or by the rules then the whole amount of the cash bond will be forfeited in favor of the government and that the accused will now be arrested. 4. RECOGNIZANCE - Is an obligation of record entered into before some court or magistrate duly authorized to take it with the condition to do some particular act. - It is an undertaking of a disinterested person with high credibility wherein he will execute an affidavit of recognizance to the effect that when the presence of the accused is required in court the custodian will bring him to that court. - The temporary release of the accused will be entrusted to a credible person who has no interest in the case.
WHERE DO YOU FILE YOUR BAIL? 1. You can file it in the court where the case is pending. - (Can you file a bill to another court? Yes, you can file it in the RTC or the MTC) 2. In the absence or unavailability of the judge thereof, the accused can post bail before the RTC Judge, MTC Judge, MCTC Judge, Judge in the Province, City or Municipality. NOTE: When bail is filed with a court other than where the case is pending, the judge who have accepted the bail shall forward it to the court where the case is pending. 3. The accused is arrested in a Province, City or Municipality other than worthy cases pending then bail may also be filed with any RTC, MTC or MCTC of said place. 4. If the accused or a person in custody has not yet been charged in court then he can apply for bail in any court in the province city or municipality where he is held. OTHER INSTANCES WHEN BAIL MAY BE AVAILED OF: 1. When a person is lawfully arrested without a warrant ask for a preliminary investigation then he may apply for bail. 2. The court may require witness to post bail if the material witness and bail is need to secure his appearance. LAWS ON JUVENILE IN CONFLICT WITH THE LAW WITH RESPECT TO BAIL OF NON-CAPITA OFFENSES: Where a child is detained the court shall order the: 1. Release of the minor on recognizance to his parents or any other suitable persons; 2. Release of a child in conflict with the law on bail; or 3. Transfer of the minor to a youthful detention home or youth rehabilitation center. NOTE: If a minor is unable to furnished bail then he can be committed to the care of the DSWD or a local rehabilitation center or upon recommendation of the DSWD. COURT MARTIAL OFFENSES: - If a military person has been accused of war crimes or violation of the articles of war then he does not have to enjoy the right to post bail. GENERAL RULE: Bail may not be filed once there is already a final judgment. EXCEPTION: Even after conviction by the MTC bail is still a matter of right. NOTE: If such finality, the accused applies for probation, he may be allowed temporary liberty under his bail. - In no case, bail be allowed after the accused has commenced to serve sentence. BAIL AS A MATTER OF RIGHT: - Before or after conviction by the METC and MTC. - Before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment. - Before final conviction by all children in conflict with the law for an offense not punishable by reclusion perpetua or life imprisonment. BAIL AS A MATTER OF DISCRETION: - Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment; - Regardless of the stage of the criminal prosecution a person charged with the capital offense punishable by reclusion perpetua or life imprisonment, when evidence of guilt is not strong. PARTY WHO HAS THE BURDEN OF PROOF IN BAIL APPLICATIONS: - The prosecution has the burden of showing that the evidence of guilt is strong at the hearing of an application for bail. EFFECT OF GRANT OF BAIL: - The accused shall be released upon approval of the bail by the judge. REMEDY OF THE ACCUSED WHEN BAIL IS DENIED BY THE TRIAL COURT: - File a petition for certiorari BAIL WHEN NOT REQUIRED: - Bail is not required for violation of an ordinance, light felony or criminal offense with an impossible penalty not exceeding six months of imprisonment.
Good afternoon po sir! Based on what I learned and what I heard on the discussion it is all about Bail Rule 114 of Criminal Procedure. BAIL- RULE 114- A security given for the release of a person in custody of the law, furnished by him or bondsman, to guarantee his appearance before any court as required under the conditions prescribed under this rule. Good evening po sir! Based on what I learned and what I heard on the discussion it is all about Bail Rule 114 of Criminal Procedure. BAIL- RULE 114- A security given for the release of a person in custody of the law, furnished by him or bondsman, to guarantee his appearance before any court as required under the conditions prescribed under this rule. - whenever an accused post bail that right belonging to him is enshrined under the constitution the right is called presumption of innocence, it is every person is presumed innocent until proven guilty. - the right to bail presupposes that the accused is under legal custody without voluntary surrender then the accused may not post bail. Conditions attached to the Grant of Bail - the accused must undergo an undertaking in which an undertaking is a statement it is a warranty or promise of the accused that he will appear personally before the court. - failure to appear on the part of the accused shall be deemed as the waiver of his right to be present there at and therefore the trial may proceed in absentia. Forms of Bail - most common place is Cash Deposit/Cash Bond - Corporate Surety/ Bail Bond - Property Bond - Recognizance Where to Filed - you can only file the bail-in that court where the case is pending, you can file it in RTC or the MTC or in MCTC. Bail as a matter of RIght - before or after conviction by the MeTC and MTC, before conviction by the RTC of an offense not punishable by Reclusion Perpetua, or death, before final conviction by all children in conflict with the law. Bail as a matter of Discretion - upon conviction by the RTC of an offense not punishable by death, or reclusion perpetual - a person charged with a capital offense, or an offense punishable by reclusion perpetual or life imprisonment, when evidence of guilt is not strong.
JAVIER, KAYCE R. 3C1 Good day Sir! Thank you for the lesson of the day. This comment will be served as my summary in this video-recorded lecture. Under rule 114. Bail is the security given for the release of a person in the custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions prescribed under the rules. According to Section 1, Rule 114, that person who is posting bail is in the custody of the law. The basis of the right to bail is that the right to bail is a constitutional right that flows from the presumption of innocence in favor of every accused who should not be subjected to the loss of freedom. Thus the right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that the accused is under legal custody. In the conditions attached to the grant of bail, the undertaking shall be effective upon approval and unless shall remain in the form at all stages of the case until the promulgation of the judgment of RT, and the accused shall appear before the proper court whenever required by the court or those rules. The Liability of the surety or bondsmen is civil in nature is that s surety bond is where a third person will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsmen will have to pay the amount of the cash bond. If the offense is bailable, you will see in the resolution or the information the recommended bail by the public prosecutor. If the offense is nonbailable in nature then can the accused post bail. The remedy of the accused is to file a petition for bail before the court hears or tries his case. There are forms of bail which are the: Corporate surety/Bail bond Advantages of corporate surety - accused will not pay the entire amount of the bail or the recommended amount of bail instead the accused will only pay a premium and the premium is only a small percentage of the total amount of bail. Property Bond Lien - an incumbent or a burden. Cash deposit/Cash bond - deposited by the accused himself or on the person acting on his behalf Recognizance - there is no property, cash, or money that is being brought to pay to the court instead of a recognizance, and this is the undertaking of a credible person or as a custodian. The bail is filed in the court where the case is pending. In any RTC, MTC in case of absence or unavailability of the judge. If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested. But if the accused has been arrested but there is no charge yet in court, it can be filed in any court in the province, city, or municipality where he is held. Other instances when bail may be availed of. When a person lawfully arrested without a warrant asks for a preliminary investigation before the complainant or information is filed in court. In bail as a matter of discretion, upon conviction by the RTC of an offense not punishable by death, Reclusion Perpetua or life imprisonment and regardless of the stage of the criminal prosecution, a person charged with a capital offense, or an offense punishable by Reclusion Perpetua or life imprisonment when evidence of guilt is not strong.
Laws on Juveniles in conflict with the law concerning bail of non-capital offenses Where a child is detained, the court shall order the: (a) Release of the minor on cognizance (b) Release of the child in conflict with the law on bail or (c) Transfer of a minor to a youth detention home/youth rehabilitation center. Court martial offenses - An accused military personnel triable by courts martial or those charged with a violation of the Articles of war does not enjoy the right to bail. The Effect of a grant of bail is that if bail is granted, the accused shall be released upon approval of the bail by the judge. When charged does not have the budgetary capacity to post safeguard at first settled by the court. The blamed can record movement to decrease safeguard but he must yield records and sworn statements that will warrant his claim for decrease.
CALONGCALONG, CRISTIANTIE MARIE L. 3C3 Good Day! I have learned from this lesson are the following BAIL According to Section 1 of Rule 114, 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. Additionally, on our previous lesson we talked about the meaning and role of bail, as i remembered bail is a temporary release of person with his case before the final conviction of the person, unless he was applied for probation before commencing to serve his sentence. POSTING BAIL/ CUSTODY OF LAW It is under detention or the accused is voluntarily surrender his person to the authority of court. They can be post a bail if they have a certificate of detention to be issued by the PNP vice versa to voluntarily surrender because they requires the person must be in custody of law the reason for the security of your temporary release. THREE INSTANCES 1. During Alignment- person appearance is requires 2. During Identification- must point out the person 3. During Promulgation- personal appearance also. RIGHT TO BAIL is a constitutional rights, this right is given to prove his guilty where this right called presumption of innocence. Also it must be under the authority of custody, the right to bail is under legal custody. The surety or bondsmen's civil liability is that a surety bond is a contract in which a third party guarantees the accused's release on the condition that if the accused fails to appear, the surety or bondsmen must pay the amount of the cash bond. If the offense is bailable, the public prosecutor's suggested bond will be listed in the decision or information. Bail can take the following forms: Surety/bail bond for corporations Advantages of corporate surety- the accused will not have to pay the entire bail amount or the suggested bail amount; instead, the accused will only have to pay a premium, which is a tiny proportion of the overall bail amount. Property Bond- An incumbent or a burden is referred to as a lien. Cash deposit/ Cash Bond- deposit made by the accused or a person acting on his behalf Recognizance- There is no property, cash, or money brought to court in lieu of a recognizance, and this is the undertaking of a credible person or as a custodian. The bail is posted in the court where the case is being heard. In the absence or incapacity of the judge, any RTC or MTC may be convened. If the accused is arrested, a complaint can be filed with any RTC in the area where he was arrested or any MTC where he was arrested. However, if the accused has been arrested but no charge has been filed, it can be filed in any court in the province, city, or municipality where he is being held. Other situations in which bail may be granted When a person who has been lawfully arrested without a warrant requests a preliminary investigation before filing a complaint or information in court. Juvenile laws that conflict with the law governing bail for non-capital offenses When a child is detained, the court must order: (a) the minor's release on cognizance; and (b) the minor's re-arrest. (c) Bail release of the child in violation of the law; or (d) Transfer of a minor to a youth detention home/youth rehabilitation center. Lastly, The effect of granting bail is that if bail is granted, the accused will be released upon the judge's approval of the bail. THANKYOU PO ATTY! :)
SOLIS, JHESYL L. 3C4 Good day sir. In this lesson I've learned the Rule 114 Section 1 that Bail is the security given for the release of a person held by the law, provided by him or a bondsman, to ensure his attendance before any court as needed under the terms hereof mentioned. Bail is the sum of money that defendants must pay in order to be freed from custody before their case is heard in court. Bail is not the same as a fine. It is not meant to be used as a form of punishment. The objective of bail is to ensure that defendants show up for their trials and any pre-trial hearings that they are required to attend. Where is the bail? - (a) Bail in the amount set may be lodged with the court where the matter is pending, or, if the judge is unavailable, with any regional trial judge, metropolitan trial judge, municipal trial judge, or municipal circuit trial judge in the province, city, or municipality. Also there are three instances where the accused personal appearance is required, 1. During arraignment 2. During identification 3. During promulgation
ALMARIO, ARMIE ALECZA A. 3C1 THANK YOU PO ATTORNEY. Bail is the security supplied for the release of a person in custody of the law, either by him or a bondsman, in order to guarantee his attendance before any court as required by the regulations. According to Section 1 Rule 114, a person who posts bail is in the custody of the law and is either detained in police facilities, cells, or jails, or when the individual voluntarily surrenders in court. The accused's personal appearance is essential in three situations: during arraignment, during identification, and during promulgation. The right to bail is based on the presumption of innocence, and it only applies when someone is arrested. The undertaking, which is connected to the grant of bail, becomes effective upon approval and must be kept in effect throughout the case until the RT's judgment is issued. The accused must then appear in court when the court or those rules compel it. Failure of the accused to attend at the trial without cause and despite adequate notice is regarded a waiver of his right to be present. The surety or bondman's liability arises when the matter is intrinsically civil in character and arises from an emergency rather than a contract, and the bond is jointly subscribed by the accused and the surety or bondsman. The nature of bail procedures is when the court decides whether or not to hold a summary hearing on an application for bail. The goal of bail is to protect an accused from the rigors of incarceration while ensuring his appearance at trial, to honour the assumption of innocence until his guilt is proven beyond a reasonable doubt, and to allow him to prepare his case without being punished prior to conviction. The Advantages of Corporate Surety/Bail Bond include that the accused will not have to pay the entire amount of bail or the suggested amount of bail; instead, the accused will only have to pay a premium, which is a tiny fraction of the whole amount of bail. Property Bond Lien - it is an incumbent or a burden Cash deposit/Cash bond - the accused or someone acting on his behalf deposits money. Recognizance - a recognizance is an undertaking made by a credible person or as a custodian, and it does not include any property, cash, or money being brought or given to the court. A credible person with no stake in the case will be entrusted with the accused's interim release. If the court orders the appearance of the accused, the custodian must bring the accused's person to the hearing; however, this does not apply to all types of violations and is only permitted for minor infractions. Bail is filed in: 1. in the court where the case is currently pending; and 2. in the court where the case is now pending. 2. With any RTC judge, MTC judge, or MCTC judge in the province, city, or municipality in the absence or unavailability of the judge thereof. 3. If the accused is apprehended in a province, city, or municipality other than where the matter is pending, bail may be sought from any RTC in that location, or, if no RTC judge is available, from any MTC judge in that location. 4. Anyone in custody who has not yet been charged with a crime may request for bail in any court in the province, city, or municipality where he is being kept. When the legislation on minors conflicts with the rule on bail for non-capital offenses, the court must order the minor's release or recognizance by his or her parents or another appropriate person. Release on bond of a youngster who has broken the law and placement of the minor in a youth correctional facility or youth rehabilitation facility. Bail may not be filed until a final judgment has been issued, but it is still a matter of right following a conviction by the MTC. When military personnel accused of a court martial offense or those charged with a violation of the Articles of War is denied the right to bail, this is known as a court martial offense. When an accused does not have the financial means to post the bail set by the court, he or she may request that the bond be reduced by producing documents and affidavits that support his claim. Priority of hearing for motions for education of bail, in which such motions will be heard first in the queue of cases, and the ruling determining the amount of bail will not be appealable.
SUBIJANO, ARLENE V. BS CRIMINOLOGY -3C3 In this lesson, I've learned that: RULE 114 - BAIL Bail - is the security given for the release of a person in custody of the law by him or a bondsman, to guarantee his appearance before any court as required under the conditions prescribed under the rules. - temporary release of a person - IN CUSTODY OF THE LAW - that the person posting bail is either in detention with the police detention cells or detention center or the jails or when the accused voluntarily surrender in the court Requirements before the accused can post a bail that there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender. Why these requirements are mentioned among those necessary documents? - The reason is that Rule 114 section 1 requires that a person posting a bail must first be in the custody of the law. A person who is not in the custody of the law may not post bail, because if you are not in custody of the law then there is no reason for you to secure your temporary release because not in any way restrained. Two kinds of bail 1. It can be furnished by the person seeking release himself 2. bondsman or a third person 3 instances where in the accused personal appearance is required : 1. During arraignment - when the accused presented before the court and the information is read to him the personal appearance of the accused is required 2. During identification - identification the witness for the prosecution will have to point out to the person of the accused that 3. During promulgation of judgment Basis of the Right to Bail - The right to Bail is a constitutional right which flows from the presumption of innocence -constitutional right enshrined in the constitution that right is called presumption of innocence - presumption of innocence that means every person is presumed innocent until proven - The right to Bail only accrues when a person is arrested or deprived of his liberty. -i.e. if the accused is at large then can he post bail without voluntary surrender or without presenting himself to the court * At large - he did not voluntarily surrender to the court or he was not arrested. If the person successfully granted bail are there condition answer must be YES Conditions attached to the grant of bail • The undertaking shall be effective upon approval and unless cancelled. • The accused shall appear before the proper court. • 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. Trial in Absentia that means that the accused opted to give his right to be present in the proceedings and participate. • The bondsman shall surrender the accused to the court. - The original papers shall state the full name and address of the accused and the house sketch. - Photographs taken within the last 6 months showing the face, left and right profiles of the accused must be attached to the bail. Liability of the surety or bondsmen • It is inherently civil in nature. • It emerges instead from a contract. Nature of Bail Proceedings - The hearing of an application for bail should be summary. - SUMMARY it must be expeditious and it supposed to be continuous. Meaning not allow several postponements because by nature of bail proceedings. Purpose of Bail • To relieve an accused from rigors of imprisonment • To honor the presumption of innocence • To enable him to prepare his defense Forms of Bail • Corporate surety / bail bond - is an obligation under seal given by the accused • Property bond - title of the property will be used as security for the provisional liberty of the acvused • Cash deposit / cash bond - common place • Recognizance - obligation of record entered into before some court or magistrate. - Disinterested person with high credibility - Allowed for light felonies only. Where filed 1. In court where the case is pending. 2. In the absence or unavailability of the judge thereof with any RTC judge, MTC or MCTC judge in the province, city, or municipality. 3. If the accused is arrested in province, city or municipality 4. Who is not yet charged in court may apply for bail Court Martial Offenses - An accused military personnel triable by courts martial or those charges with a violation of the articles of war does not enjoy the right to bail. Filling of Bail After a Final Judgment - Bail may not be filed once there is already a final judgment. Duties of the Trial Judge if an Application for Bail is Filed - Decide whether the evidence of guilt of the accused is strong - If the guilt of the accused is not strong, discharge the accused upon the approval of the bailbond. Party with the Burden of Proof in Bail Application - The Prosecution who has the burden of showing that evidence of guilt is strong at the hearing of an application for bail. Effect of a Grant of Bail - The accused shall be released upon approval of the bail by the judge. Duty of the Court to Fix Appropriate Bail 1. Financial ability of the accused to give bail 2. Nature and circumstances of the offense 3. Penalty for the offense charged 4. Character and reputation of the accused 5. Age and health of the accused 6. Weight of the evidence against the accused 7. Probability of the accused appearing in trial 8. Forfeiture of other bonds 9. Fact that the accused was a fugitive from justice when arrested 10. Pendency of the cases in which the accused is under the bond Bail when not required When the offense charged is for violation of an ordinance, a light, or a criminal offense, the imposable penalty of which does not exceed 6 months imprisonment and or PHP 2 000 fine under circumstances provided under RA 6036. Thank you po sir
Mea, Katherine Joy 3C2 Good day Atty. In this lesson this is the summary that I have learned, on the topic of bail under rule 114, it says It 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 prescribed under the rules, the basis of the bail is a constitutional right which flows from the presumption of innocence, furthermore, the undertaking shall be effective upon approval, and unless canceled shall remain in the form at all stages of the case until the promulgation of the judgment of the regional trial court, irrespective of whether the case was originally filed in or appealed to it, but 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 On the liability of surety or bondsmen, it explains the bonds arises not from the violation of or an obligation to comply with a penal provision of law, emerges instead from a contract the bond subscribed, and the obligation of the accused on the bond is different from the surety in that the former can be made to suffer a criminal penalty. However, of the nature of bail proceedings, the hearing of an application for bail should be summary or otherwise in the discretion of the court, it will relieve an accused, To honor the presumption of innocence, and To enable him to prepare his defense These lessons include the four (4) from of bail, these are corporate surety or bail bond, property bond, cash deposit or cash bond, and lastly the recognizance. It 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. However, the duty of the court to fix appropriate bail includes the 10 supporting documents that will submitter to the public prosecutor these are the following: 1. Financial ability of the accused to give bail 2. Nature and circumstances of the offense 3. Penalty for the offense charged 4. Character and reputation of the accused 5. Age and health of the accused. 6. Weight of the evidence against the accused 7. Probability of the accused appearing in the trial 8. Forfeiture of other bonds 9. Fact that the accused was a fugitive from justice when arrested 10. Pendency of the cases in which the accused is under the bond In these instances when the accused does not have the financial ability to post the bail initially fixed by the court the accused may move for its reduction by submitting documents and affidavits that may warrant his claim for reduction.
I'VE LEARNED THAT THE BAIL IS THE SECURITY GIVEN FOR THE RELEASE OF A PERSON IN CUSTODY OF THE LAW, FURNISHED BY HIM OR A BONDSMAN,TO GUARANTER HIS APPEARANCE BEFORE ANY COURT AS REQUIRED UNDER THE CONDITIONS PRESCRIBED UNDER THE RULES. BASIS OF THE RIGHT TO BAIL THE RIGHT TO BAIL IS A CONSTITUTIONAL RIGHT WHICH FLOWS FROM THE PRESUMPTION OF INNOCENCE IN FAVOR OF EVERY ACCUSED WHO SHOULD NOT BE SUBJECTED TO THE LOSS OF THE FREEDOM. THUS THE RIGHT TO BAIL ONLY ACCRUES WHEN A PERSON IS ARRESTED OR DEPRIVED OF HIS LIBERTY. THE RIGHT TO BAIL PRESUPPOSES THAT THE ACCUSED IS UNDER LEGAL CUSTODY. CONDITIONS ATTACHED TO THE GRANT OF BAIL ALL KINDS OF BAIL ARE SUBJECT TO THE FOLLOWING CONDITIONS; THE UNDERTAKING SHALL BE EEFFECTIVE UPON APPROVAL, AND UNLESS CANCELLED, SHALL REMAIN IN FORM AT ALL STAGES OF THE CASE UNTIL PROMULGATION OF THE JUDGEMENT OF THE RTC, IRRESPECTIVE OF WHETHER THE CASE WAS ORIGINALLY FILED IN OR APPEALED TO IT; THE ACCUSED SHALL APPEAR BEFORE THE PROPER COURT WHENEVER REQUIRED BY THE COURT OF THESE RULES; 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 THREAT. IN SUCH CASE, THE TRIAL MAY PROCEED ABSENTIA, AND THE BONDSMAN SHALL SURRENDER THE ACCUSED TO THE COURT FOR EXECUTION OF THE FINAL EXECUTION.
MONSERRAT, MARIA CECILIA C. 3C1- BS CRIMINOLOGY Thank you sir for this lesson. This is the summary of what I've learned on the topic. - According to Section 1 Of Rule 114 Bail it is the security given for the release of a person in the custody of the law, that furnished by him or a bondsman’s to guarantee his appearance before any court as required under the condition that prescribed. - And according to Section 1 of Rule 114 the person posting a bail it either in detention centers for jail and when the accused is voluntary surrender or must be first in custody or to the authority of the court. Note: · But their have a requirement, like one of the requirement before the accused can post a bail their must be a certification of detention to be issued by the PNP. · But if a person is not in the custody of the law they may not post a bail because there have no reason to secure the temporary release. Their have 2 kinds of bail · Furnished by the person that can release himself · Or A bondsman of the third person They have also 3 Instances where the accused the personal appearance is required; · During arraignment- accused is presented before the court and the information is read to him · During Identification- the witness prosecution will have a point out person of the accused. · During Promulgation of Judgement Note that: If the person released bail then he is required to appear in the circumstances because the rules of court demand the personal appearance of a person release on bail. BASIS OF THE RIGHT TO BAIL - The right to bail is a Constitutional right which flows from the presumption pf innocence of favor of every accused who should not be subjected to the loss of freedom. Thus the right to bail is only accrues when a person is arrested or deprived of his liberty. And the right to bail presupposes that the accused is under legal authority or custody. CONDITIONS ATTACHED TO THE GRANT OF BAIL - ALL KINDS OF BAIL ARE SUBJECTED: • The accused shall appear before the proper court whenever required by the court of the rules. • The Undertaking shall be effective upon the approval and unless cancelled shall remain in the form at all stages of the case until the promulgation of the judgement of the RTC • Failure of the accused to appear at the trial without justification it shall be deemed a waiver of his right to be present threat. • The bondsman shall surrender the accused to the court for the execution of the final execution. Note: Their have a requirement of the court in bail like the accused original papers that state the full name and address of the accused and also the amount of the undertaking and also the photographs with a passport size taken within the last 6 months showing the face left, and right profiles. THE LIABILITY OR THE SURETY PR BONDSMAN • Inherent the civil nature • And it emerges instead from the contract the bond subscribe jointly by the accused and surety of the bondman. NATURE OF BAIL PROCEEDINGS • A bail proceeding is the summary in nature That the summary means is that it supposed to be continuous and expeditions. PURPOSE OF BAIL • To relieve an accused from the rigors of imprisonment until his conviction • To ho or the presumption of innocence until his guilt • To enable him to prepare his defense without being subjected to punishment prior to conviction. FORMS OF BAIL • Corporate surety/ Bail bond -accused with one or more sureties made payable to the proper officer with a condition to be void upon the performance by the accused. - BUT heir have ADVANTAGE ,LIKE the accused will not pay the entire amount of the bail or recommended of bail instead that the accused will pay the premium is only a small percentage of the total amount of the bail. • Property bond- the property will be used a security for the provincial liberty of the accused will shall institute in a LIEN. That lien means is to burden. And the accused shall cause the annotation of lien within 10 days. • Cash and deposit/ Cash bond- it is the common place where the cash shall be in the amount fixed by the court or it must be deposited by the accused himself or any person. - But if the accused does not appear when required the whole amount of the cash bond will be forfeited. · Recognizance- an obligation of records before some court duly authorizes. It is also an undertaking of a person with high credibility wherein execute a affidavit. -this is only allowed for LIGHT FELONIES. WHERE FILED BAIL? · In court where the case is pending and in the absence of unavailability pf the judge Note: when the bail is filed with a court other than where the case is pending the judge accepted the bail and shall forward it together with the order of release to the court where the case is pending and also if the accused is arrested in province , city or municipalities the bail may be filed either the RTC. LAWS ON JUVENILES IN CONFLICT WITH THE LAW WITH RESPECT TO BAIL OF NON- CAPITAL OFFENSES - Where the child is detained the court shall order to; · Release of the minor on recognizance · Release of the child in conflict with the law on bail · Transfer of the minor to a youth detention home/ youth rehabilitation center Note: But if the minor is unable to post a bail then he can committed to the care of the FSWD or other local rehabilitation center that upon in the recommendation of the DSWD. COURT MARTIAL OFFENSES - If Military person has been accused of war rimes or violation of the articles of war then he does not enjoy the right to post bail. FILLING OF BAIL AFTER FINAL JUDGEMENT - According to general rule, bail not be filed once that there is already a final judgement except even after the conviction pf the MTC. DUTIES OF THE TRIAL JUDGE IF THE APPLICATION FOR BAIL IS FILED - The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the presumption. But it the evidence of guilt is not strong the court will have to allow the accused to post a bail. PARTY WITH THE BURDEN PF PROOF IN BAIL APPLICATIONS - If the accused filed petition for bail , the prosecution has the burden to prove that the evidence of guilt is strong . The Prosecution is the first one who will present in the bail that hearing because he has the burden to proof. EFFECTS OF A GRANT OF BAIL - If the bail is granted the accused shall be released upon the approval of the bail by the judge. BAIL WHEN IS NOT REQUIRED - Bail is not required for violation of an ordinances, light felony or criminal offense with an imposable penalty that not exceeding 6 months of imprisonment and have a fine of 2, 000 thousand pesos. WHEN THE ACCUSED DOES NOT HAVE THE FINANCIAL ABILITY TO POST A BAIL INITIALLY FIXED BY THE COURT - The accused can file a motion to reduce the bail but must be submit documents and affidavit’s that may warrant his claim for reduction. FORFEITURE AND CANCELLATION OF BAIL - The effects of the failure of the accused to appear in court when required · The bail shall be declared forfeited · The bondsman is given 30 days within to a. Produce their principal Or reason for non production b. Explanation why the accused did not appear before the court when required to do so.
CORONADO JANE 3C4 Bail rule 114 Bail it is a security given for the release of a person in custody of law security to accused to guarantee his temporary release what do we mean in custody of law -peron posting bail its either in jails or cells when the accused voluntarily surrender his person to the authority of the court. requirement can post a bail is there must be a certificate of detention issued by the PNP. if the person is released on bail Personal appearance of the accused in court is required during arraignment is when the accused is presented before the court and the information read to him, during identification is the witness will have to point out to the person of the accused, and during promulgation of judgement. -basis of the right to bail whenever a person post bail that right belonging to him is enshrined according to constitution called presumption of innocence. at large means that he did not voluntarily surrender to the court . the person at large cannot post bail without voluntary surrender. -condition attached to the grant of bail is tge accused must execute an undertaking a warranty or promise of the accused that he will appear before the court whenever required in addition failure to appear of the accused shall be deemed as a waiver of his right to be present there at and the trial will proceed in absentia. - Liability of the surety or bondman it is inherently civil in nature example of bondman if the accused has no financial means to pay cash bond and the accused can obtain a surety bond and guarantee the accused release. - purposes of bail is to relieve the accused from rigors imprisonment, to honor his presumption and ton enable him to prepare his defense. - corporate surety the accused goes to an authorized bonding company and will pay the bail and the advantage of a corporate surety is that the accused will not pay the entire amount of the bail instead going to pay the premium and if the accused did not appear in hearing the bond will be cancelled and if the company did not locate the location of the accused the bond will be cancelled and the court will issued a warrant of arrest. - Property bond the title of the property will be use - cash deposit if the accused will not appear the whole amount bond will be forfeited in favor of the government. - recognizance is obligation of record and only allowed for light felonies only and recognizance there is no property and there is no cash or surety instead is an undertaking a credible person or custodian. - the bail is filed in court where the case is pending and bail can be filed in another court like RTC or MTC . - law on juvenile in conflict with the law with respect to bail. if the accused is child inconflict with the law he can post a bail by release of the minor on recognizance and transfer to youth detention home then if the minor is unabale to post bail then cen be commited to the care of DSWD or local rehabilitation center - court martial offense if the mail personnel accuse with the violation of war and he is not granted to post bail . - bail cannot be filed once there is already a final judgement except after conviction by the court bail is still a matter of right. - the duties of judge if the application of bail is filed the trial judge will have to decide whether the evidence of guilt of the accused is strong if the evidence is not strong the court will have to allow the accused to post bail. - prosecution has the burden to prove that evidence of guilt is strong. if the petition for bail filed by the accused has been denied by the trial court then the accused can file for certiorari rule 65. the court will fix the amount of bail base on the accusation, penalties, character, financial ability and age and health of the accused. bail is not required if the offense charge penalty is not exceeding 6 months imprisonment. Can the prosecution can appeal ? according to section 4 administrative matter number 12-12-2 supreme court the order fixing the amount of bail shall not be subject to appeal CORONADO, JANE 3C4
John Erico A. Bautista 3C4- Bs Criminology Thank you sir for the discussion, this is the summary of what I learned: Basis of the proper to Bail - whenever an accused post bail that right belonging to him is enshrined under the constitution the correct is termed presumption of innocence, it's every body is presumed innocent until proven guilty. Conditions attached to the Grant of Bail - the accused must undergo an undertaking during which an undertaking may be a statement it's a guaranty or promise of the accused that he will appear personally before the court. Forms of Bail - commonest place is Cash Deposit/Cash Bond - Corporate Surety/ bond - Property Bond - Recognizance Where to Filed - you'll only file the bail-in that court where the case is pending - you'll be able to file it in RTC or the MTC or in MCTC. Bail as a matter of RIght - before or after conviction by the MeTC and MTC - before conviction by the RTC of an offense not punishable by Reclusion Perpetua, or death - before final conviction by all children in conflict with the law. Bail as a matter of Discretion - upon conviction by the RTC of an offense not punishable by death, or reclusion perpetual.
DE GUZMAN, KIMBERLY M. 3C1 Good day Sir! Thank you for the lesson of the day. According to Section 1 Of Rule 114 Bail it is the security given for the release of a person in the custody of the law, that furnished by him or a bondsman’s to guarantee his appearance before any court as required under the condition that prescribed the person posting a bail it either in detention centers for jail and when the accused is voluntary surrender or must be first in custody or to the authority of the court. They have also 3 Instances where the accused the personal appearance is required; During arraignment- The information is read to the accused while he stands before the court. During Identification- A person of the accused will be singled out by the witness prosecution. During Promulgation of Judgement Basis of the right to bail is that the right to bail is a constitutional right that flows from the presumption of innocence in favor of every accused who should not be subjected to the loss of freedom. Thus the right to bail is only accrues when a person is arrested or deprived of his liberty. And the right to bail presupposes that the accused is under legal authority or custody. In the conditions attached to the grant of bail, The accused shall appear before the proper court whenever required by the court of the rules. The undertaking shall be effective upon approval and unless shall remain in the form at all stages of the case until the promulgation of the judgment of RTC, and the accused shall appear before the proper court whenever required by the court or those rules.Failure of the accused to appear at the trial without justification it shall be deemed a waiver of his right to be present threat. The bondsman shall surrender the accused to the court for the execution of the final execution. The liability or the surety of the Bondsman Inherent the civil nature And it emerges instead from the contract the bond subscribe jointly by the accused and surety of the bondman. If the offense is bailable, you will see in the resolution or the information the recommended bail by the public prosecutor. The nature of bail proceedings a bail proceeding is the summary in nature that the summary means is that it supposed to be continuous and expeditions. The purpose of bail is to relieve an accused from the rigors of imprisonment until his conviction, the presumption of innocence until his guilt and To enable him to prepare his defense without being subjected to punishment prior to conviction. Corporate surety/ Bail bond advantages of corporate surety - accused with one or more sureties made payable to the proper officer with a condition to be void upon the performance by the accused. Property Bond Lien - an incumbent or a burden. Cash deposit/Cash bond - deposited by the accused himself or on the person acting on his behalf. A person charged with a capital offense, or an offense punishable by Reclusion Perpetua or life imprisonment when evidence of guilt is not strong, may be released on bail if convicted by the RTC of an offense not punishable by death, Reclusion Perpetua, or life imprisonment, regardless of the stage of the criminal prosecution Laws on Juveniles in conflict with the law concerning bail of non-capital offenses Where a child is detained, the court shall order the: (a) Release of the minor on cognizance (b) Release of the child in conflict with the law on bail or (c) Transfer of a minor to a youth detention home/youth rehabilitation center. Court martial offenses - Bail is not available to suspected military members who are being tried by courts martial or who have been charged with a violation of the Articles of War. The effect of a bail grant is that if bail is granted, the accused will be released once the judge approves the bail. When a person is charged, he or she lacks the financial means to post a safeguard until the case is resolved by the court. The blamed can track movement to reduce safeguard, but he must produce data and sworn testimonies to back up his allegation.
BICOMONG RYAN GIMEL M. 3C4 Good day sir , this is what i learn about this certain topic. 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. 13, Art. III, The Constitution). (2) 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). (3) Bail is the security required by the court and given by the accused to ensure that the accused appear before the proper court at the scheduled time and place to answer the charges brought against him. It is awarded to the accused to honor the presumption of innocence until his guilt is proven beyond reasonable doubt, and to enable him to prepare his defense without being subject to punishment prior to conviction (Cortes vs. Catral, 279 SCRA 1. Its main purpose is to relieve an accused from the rigors of imprisonment until his conviction and secure his appearance at the trial (Paderanga vs. CA, 247 SCRA 741). (4) The person seeking provisional release need not wait for a formal complaint or information to be filed against him as it is available to all persons where the offense is bailable, so long as the applicant is in the custody of the law (Paderanga vs. CA, 247 SCRA 741). (5) Kinds of bail: (a)Corporate bond - one issued by a corporation licensed to provide bail subscribed jointly by the accused and an officer duly authorized by its board of directors (Sec. 10). (b)Property bond - an undertaking constituted as a lien on the real property given as security for the amount of the bond (Sec. 11). (c)Recognizance - an obligation of record entered into usually by the responsible members of the community before some court or magistrate duly authorized to take it, with the condition to do some particular act, the most usual act being to assure the appearance of the accused for trial (People vs. Abner, 87 Phil. 566). (d)Cash deposit - the money deposited by the accused or any person acting on his behalf, with the nearest collector of internal revenue, or provincial, city or municipal treasurer. Considered as bail, it may be applied to the payment of any fees and costs, and the excess, if any, shall be returned to the accused or to whoever made the deposit (Sec. 14).
RIVERA, MARY ROSE H. 3C4 Thank you Attorney for this lesson. I've learned in this video lecture Rule 114 Bail, are the following: BAIL- is a security given for the release of a person in custody of the law, furnished by him or bondsman by guarantee his appearance before any court as required under the condition prescribed under this rule. According to Section 1, Rule 114 that person who is posting a bail is in the custody of law. IN CUSTODY OF THE LAW- it means that the person posting bail, it's either in detention with the police detention cells or detention centers or the jails or when the accused voluntarily surrender in court. There are two instances: When a person arrested and detained by police authorities and When the accused voluntarily surrenders his person to the authority of the court then the person is said to be in custody of the law. One of the requirement before the accused can post a bill there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender. Rule 114 Section 1 requires that a person posting a bail must be first in the custody of the law. A person who is not in the custody of the law may not post bail because if you are not in the custody of the law then there is no reason for you to secure you temporary release. A bail can be furnished either by the accused or by a bondsman or third person. Three instances wherein the accused personal appearance is required: 1. During arraignment when the accused is presented before the court and the information is read to him the personal appearance of the accused is required. 2. During identification the witness for the prosecution will have to point out the person of the accused. 3. During promulgation of judgment Basis of the right to bail -whenever a person or an accused post bail that right belonging to him is enshrined under the constitution. -constitutional right enshrined in the constitution is called presumption of innocence. Presumption of Innocence means that every person is presumed innocent until proven otherwise. -if the accuses is at large, then he can post bail without surrender or without presenting himself to the court. (At large - did not voluntarily surrender to the court or he was not arrested. -The right to bail presupposes that the accused is under legal custody without voluntary surrender, without arrest or detention then the accused may not post bail. The liability if surety or bondsman is civil in nature it means it consists in payment of sum of money and it emerges in the contract. Moreover, the nature of bail proceedings, the hearing of an application for bail should be summary or otherwise in the discretion of the court, it will relieve an accused, To honor the presumption of innocence, and To enable him to prepare his defense . PURPOSE OF BAIL Before the accused is a judge guilty of the crime charge then he has the right to secure tenporary release or freedom, bail is also to honor the presumption of innocence or enshrined in the constitution and to enable him to prepare his defense without being subjected to punishment prior to conviction. FORMS OF BAIL CORPORATE SURETY/BAIL BOND it has the advantages such as the accused will not pay the entire amount of the bail or the recommended amount of bail instead the accused will only pay a premium and the premium is only a small percentage of the total amount of bail. If the accused jump bail or if he skips hearing despite notice then the bond will be cancelled and then the bonding company will be given sufficient time to locate the whereabouts of the accused who posted bail but later on jump bail. If the bonding company fails to locate the accused the court will cancel the bail and issue a warrant of arrest. PROPERTY BOND Lien - it is an incumbent or a burden CASH DEPOSIT/CASH BOND - If the accused does not appear by the court or by the rules then the whole amount of the cash bond will be forfeited in favor of the government and the accused will be arrested. RECOGNIZANCE- In recognizance there is no property, no cash or surety which is being brought or paid to the court. It is the undertaking of a credible person or custodian. The temporary release of the accused will entrusted to the credible persons, who has no interest in the case. In case that the court requires the presence of the accused, the custodian will have to bring the person on of the accused to attend the hearing. But recognizance does not apply to all kinds of offenses. It is only available in light felonies. WHERE DO YOU FILED BAIL 1. You can post bail in the court where the case is pending 2. In any RTC, MTC in case of absence of unavailability of the judge 3. If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested. 4. But if the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held arrested. Laws on Juveniles in conflict with the law with respect to bail of non-capital offenses Where a child is detained, the court shall order the: a. Release of the minor on cognizance b. Release of the child in conflict with the law on bail or c. Transfer of a minor to a youth detention home/youth rehabilitation center. COURT MARTIAL OFFENSES If a military person has been accused of war crimes or violation of the articles of war then he does not enjoy the right to post bail. FILING OF BAIL AFTER A FINAL JUDGEMENT As a general rule, bail may not be filed once there is already a final judgement except even after the conviction of the MTC, bail is still a matter of right. Duties of the trial judge if an application for bail is filed: The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution. If the evidence of guilt is not strong, then the court will have to allow the accused to post bail. EFFECT OF A GRANT BAIL -According to Section 19, Rule 114, the accused shall be released upon approval of the bail by the judge. Additional, there are the Duties of the court to fix appropriate bill: 1. Financial ability of the accused to give bail 2. Nature and circumstances of the offense 3. Penalty for the offense charged 4. Character and reputation of the accused 5. Age and health of the accused. 6. Weight of the evidence against the accused 7. Probability of the accused appearing in the trial 8. Forfeiture of other bonds 9. Fact that the accused was a fugitive from justice when arrested 10. Pendency of the cases in which the accused is under the bond
UMALI, ANGELICA JANE M. 3C2 Thank you po Attorney for the lecture I’ve learned a lot in Rule 114. BAIL Bail is a security posted by the accused to secure or guarantee his release or temporary release of his person. In custody of the law means the person posting bail is it’s either in detention with the police in detention cells or jails or when the accused voluntarily surrender in the court. Under the two instances: when a person is arrested and detained by police authorities and when the accused voluntarily surrender his person to the authority of the court, that person is said to be in custody of the law. One of the requirements before the accused can post a bail; there must be a certificate of detention, to be issued by the PNP or a certificate of voluntary surrender. Section 1 Rule 114 requires that a person posting a bail must first be I the custody of the law. A person who is not in custody of the law may not post a bail because if you are not in custody of the law then there is no reason for you to secure your temporary release; you are not in any way restraint by or to your person. There are two kinds of bail: It can be furnished by the person seeking release himself or a third person. Three instances where the accuser’s personal appearance is required (1) arraignment- during arraignment when the accused is presented before the court and the court and the information is read to him, the personal appearance of the accused is required. (2) During identification, the witness for the prosecution will have to point out to the person of the accused, and (3) during promulgation of judgment. If a person is released on bail the he is required to appear in those circumstances because the rules of court demand the personal appearance of a person release on bail. Basis of the right to bail The right to bail is a constitutional right which flows from the presumption of innocence in favor of every accused who should not be subjected to the loss of freedom. Thus the right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that the accused is under legal custody. CONDITION ATTACHED TO THE GRANT OF BAIL Undertaking is a statement, a warranty or promise of the accused that he will appear personally before the court whenever required by rules or by the order of the court. Example: The accused failed to appear at the trial without justification and despite due notice, the effect is deemed as a waiver of his right to be present there at and therefore the trial may proceed in ABSENTIA. Trial in absentia means that the accused opted to give his right to be present in the proceeding and participate therein. Liability of the surety or bondsmen Example: The accused has no financial means to pay the cash bond, now the accused can obtain a surety bond. A surety bond will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsman will have to pay the amount of the cash bond. Purposes of bail Before the accused judge guilty of the crime charge then he has a right for temporary release or freedom. It will appear that while the case is being tried and the accused is detained it would appear that he is being punished of a crime to which he was not yet convicted. To enable the accused to prepare his defense then he can avail of his right to post bail. Forms of bail Corporate surety or bail bond The accused goes to an authorized bonding company and he will pay premium for the service. The advantage is the accused will not pay the entire amount of the bail, the accused will only pay the premium that will premium is only a small percentage of the total amount of the bail. The corporate surety is resorted to If the accused lacks financial capacity to post cash bond. If the accused jump bail or if he skips hearing despite notice then the bond will be cancelled and then the bonding company will be given sufficient time to locate the whereabouts of the accused who posted bail but later on jump bail. If the bonding company fails to locate the accused the court will cancel the bail and issue a warrant of arrest. Property bond Annotation means that bail will inscribe or annotated at the back of the title before the registry of deeds if the property is registered. Cash deposit or cash bond The common is cash deposit for cash bond. Recognizance In recognizance there is no property, no cash or surety which is being brought or paid to the court. It is the undertaking of a credible person or custodian. The temporary release of the accused will entrusted to the credible persons, who has no interest in the case. In case that the court requires the presence of the accused, the custodian will have to bring the person on of the accused to attend the hearing. But recognizance does not apply to all kinds of offenses. It is only available in light felonies. When a matter of right; Exceptions when a matter of discretion Bail as a matter of right Before or after conviction by the MeTC and MTC, and Before conviction by the RTC of an offense not punishable by death, reclusionPerpetua or life imprisonment Sec 4 Before the final conviction by all children in conflict with the law for an offense not punishable by reclusion Perpetua or life imprisonment. Bail as a matter of discretion Upon conviction by the RTC of an offense not punishable by death, reclusion Perpetua or life imprisonment Regardless of the stage of the criminal prosecution, a person charged with a capital offense, or an offense punishable by reclusion Perpetua or life imprisonment, when evidence of guilt is not strong Sec 7. A child in conflict with the law charged with an offense punishable by death, reclusion Perpetua or life imprisonment when evidence of guilt is not strong. Instances when there is automatic cancellation of bail Acquittal of the accused Dismissal of the case and Execution of judgment of conviction. SEC 22 Rule 114.
PASTRANA, KATRINE L. 3C2 BAIL (RULE 114) - It is the security given for the release of a person in custody of the law furnished by him or a bondsmen to guarantee his appearance before any court as required under the conditions prescribed under the rules. - To secure or guarantee the release of the accused whether it is temporary or no. - “The person who is posting a bill is in the custody of the law” this means that the person posting the bail is either in detention (with the police detention cells or detention centers) or the jails or when the accused voluntarily surrendered in the court. TWO INSTANCES: 1. When a person is arrested and detained by police authorities; and 2. When the accused voluntarily surrenders to the authority of the court. REQUIREMENTS BEFORE THE ACCUSED CAN POST A BILL: - There must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender. - REASON: That a person posting a bill must first be in the custody of the law so that there is no reason for you to secure your temporary release; or you’re not in any way restrained by or to your person. TWO KINDS OF BAIL: 1. It can be furnished by the person seeking to release himself; or 2. A bondsman or a third person. • The posting of bail is with the end view that the appearance of the accused will be guaranteed with the court as may be required under the rules of court and as may be ordered by the court. THREE INSTANCES WHEREIN THE ACCUSED PERSONAL APPEARANCE IS REQUIRED: 1. During arraignment- when the accused is presented before the court and the information is read to him, the personal appearance of the accused is required. 2. During identification- the witness for the prosecution will have to point out to the person of the accused. 3. During promulgation of judgment NOTE: Under these three circumstances, the personal appearance of the accused is required; therefore, if a person is released on bail, he is required to appear in court demand. BASIS OF THE RIGHT OF THE ACCUSED: 1. To post bail where is this right coming from the right to bail is a constitutional right that flows from the presumption of innocence in favor of the accused who should not be subjected to the loss of freedom. - Whenever a person or an accused post bail that right belonging to him is enshrined under the constitution) CONSTITUTIONAL RIGHT- The right is called the presumption of innocence. PRESUMPTION OF INNOCENCE- every person is presumed innocent until proven guilty. 2. The right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that the accused is under legal custody. For example, if the accused is at large (did not voluntarily surrender to the court or he was not arrested) when he uses representative, the right to bail presupposes that the accused may not post bail. If a person has successfully granted bail there are conditions that he or she must undertake, the conditions attached to the grant of bail are the following: 1. There must be an undertaking - Remain informed at all stages of the case until the promulgation of the judgment of the regional trial court. - 2. That the accused shall appear before the court whenever required by the court - Failed to appear at the trial without justification appears on the part of the accused and shall be deemed as a waiver of his right to be present. Therefore, the trial may proceed in absentia (accused is opted to give his right to be present in the proceedings and participate therein now the advancement shall surrender the accused of the court from exit for the execution of the final judgment). LIABILITY OF THE SURETY OR BONDSMEN: - This is civil in nature which consists of payment in a sum of money that emerges from a contract. SURETY OR BONDSMEN- a third person that will guarantee the release of the accused on the condition that if the accused fails to appear, they will have to pay the amount of the cash. CAN THE ACCUSED FILE A POST BAIL EVEN IF THAT OFFENSE THAT HE ALLEGEDLY COMMITTED IS NON-BAILABLE? - Yes, a petition for bail before the court that hears or tries his case NATURE OF BAIL PROCEEDINGS - The hearing of a bail application should be summary or otherwise in the discretion of the court. SUMMARY- it must be expeditious or it is supposed to be continuous that will not allow several postponements. PURPOSES OF BAIL 1. To relieve an accused from rigors of imprisonment until his conviction and yet secure his appearance at the trial. 2. To honor the presumption of innocence until his guilt is proven beyond reasonable doubt. 3. To enable the accused to prepare his defense without being subjected to punishment prior to conviction.
FORMS OF BAIL 1. CORPORATE SURETY OR BAIL BOND - Obligation under seal given by the accused with one or more sureties and made payable to the proper officer with the condition to be void upon performance by the accused of such acts as he may be legally required to perform. - The accused goes to an authorized bonding company and he will pay a premium for the service which is the percentage of the total amount of bail. - If the accused jumps bail or he if he skips hearing despite notice then the bond will be cancelled and then the bonding company will be given sufficient time to locate the whereabouts of the accused who posted bail but later on jumps bail. 2. PROPERTY BOND - The title of the property will be used as security for the provisional liberty of the accused which shall constitute a lien (incumbent or a burden) over the property; and - The accused shall cause the annotation of the lien within 10 days after the approval of the bond before the: • REGISTRY OF DEEDS (if the property is registered); or • REGISTRATION OF BOOKS IN THE REGISTRY OF DEEDS of the place where the land lies and before the provincial, city or municipal assessor on the corresponding tax declaration (if the property is not registered) 3. CASH DEPOSIT OR CASH BOND - If the accused does not appear when required by the court or by the rules then the whole amount of the cash bond will be forfeited in favor of the government and that the accused will now be arrested. 4. RECOGNIZANCE - Is an obligation of record entered into before some court or magistrate duly authorized to take it with the condition to do some particular act. - It is an undertaking of a disinterested person with high credibility wherein he will execute an affidavit of recognizance to the effect that when the presence of the accused is required in court the custodian will bring him to that court. - The temporary release of the accused will be entrusted to a credible person who has no interest in the case. WHERE DO YOU FILE YOUR BAIL? 1. You can file it in the court where the case is pending. - (Can you file a bill to another court? Yes, you can file it in the RTC or the MTC) 2. In the absence or unavailability of the judge thereof, the accused can post bail before the RTC Judge, MTC Judge, MCTC Judge, Judge in the Province, City, or Municipality. NOTE: When bail is filed with a court other than where the case is pending, the judge who have accepted the bail shall forward it to the court where the case is pending. 3. The accused is arrested in a Province, City or Municipality other than worthy cases pending then bail may also be filed with any RTC, MTC or MCTC of said place. 4. If the accused or a person in custody has not yet been charged in court then he can apply for bail in any court in the province city or municipality where he is held. OTHER INSTANCES WHEN BAIL MAY BE AVAILED OF: 1. When a person is lawfully arrested without a warrant ask for a preliminary investigation then he may apply for bail. 2. The court may require a witness to post bail if the material witness and bail is need to secure his appearance. LAWS ON JUVENILE IN CONFLICT WITH THE LAW WITH RESPECT TO BAIL OF NON-CAPITA OFFENSES: Where a child is detained the court shall order the: 1. Release of the minor on recognizance to his parents or any other suitable persons; 2. Release of a child in conflict with the law on bail; or 3. Transfer of the minor to a youthful detention home or youth rehabilitation center. NOTE: If a minor is unable to furnished bail then he can be committed to the care of the DSWD or a local rehabilitation center or upon recommendation of the DSWD. COURT MARTIAL OFFENSES: - If a military person has been accused of war crimes or violation of the articles of war then he does not have to enjoy the right to post bail. GENERAL RULE: Bail may not be filed once there is already a final judgment. EXCEPTION: Even after conviction by the MTC bail is still a matter of right. NOTE: If such finality, the accused applies for probation, he may be allowed temporary liberty under his bail. - In no case, bail be allowed after the accused has commenced to serve sentence. BAIL AS A MATTER OF RIGHT: - Before or after conviction by the METC and MTC. - Before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment. - Before final conviction by all children in conflict with the law for an offense not punishable by reclusion perpetua or life imprisonment. BAIL AS A MATTER OF DISCRETION: - Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment; - Regardless of the stage of the criminal prosecution a person charged with the capital offense punishable by reclusion perpetua or life imprisonment, when evidence of guilt is not strong. PARTY WHO HAS THE BURDEN OF PROOF IN BAIL APPLICATIONS: - The prosecution has the burden of showing that the evidence of guilt is strong at the hearing of an application for bail. EFFECT OF GRANT OF BAIL: - The accused shall be released upon approval of the bail by the judge. REMEDY OF THE ACCUSED WHEN BAIL IS DENIED BY THE TRIAL COURT: - File a petition for certiorari BAIL WHEN NOT REQUIRED: - Bail is not required for a violation of an ordinance, light felony, or criminal offense with an impossible penalty not exceeding six months of imprisonment.
Thank you for this lesson, Sir. I have learned lots of knowledge through this discussion and to summarize it all, here are my notes:
According to Rule 114, BAIL is the security given for the release of a person in the custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions prescribed under the rules. According to Section 1, Rule 114, that person who is posting bail is in the custody of the law, either detention with the police centers or cells or the jail s or when the person voluntary surrender in court.
One of the requirement before the accused can post a bill there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender.
There are 3 instances where the accused personal appearance is required:
a. During arraignment;
b. During identification; and
c. During promulgation
Conditions Attached to Grant of Bail:
All kinds of bail are subjects to the following conditions:
The accused must execute an undertaking.
(Undertaking- is a statement, a warranty or promise of the accused will appear personally before the court, whenever required by the rules or by the order of the court.)
In the conditions attached to the grant of bail, the undertaking shall be effective upon approval and unless shall remain in the form at all stages of the case until the promulgation of the judgment of RT, and the accused shall appear before the proper court whenever required by the court or those rules.
The Liability of the surety or bondsmen is civil in nature is that s surety bond is where a third person will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsmen will have to pay the amount of the cash bond. If the offense is bailable, you will see in the resolution or the information the recommended bail by the public prosecutor. If the offense is non-bailable in nature then can the accused post bail. The remedy of the accused is to file a petition for bail before the court hears or tries his case.
There are forms of bail which are the:
Corporate surety/Bail bond Advantages of corporate surety - accused will not pay the entire amount of the bail or the recommended amount of bail instead the accused will only pay a premium and the premium is only a small percentage of the total amount of bail.
Property Bond Lien - an incumbent or a burden.
Cash deposit/Cash bond - deposited by the accused himself or on the person acting on his behalf
Recognizance - there is no property, cash, or money that is being brought to pay to the court instead of a recognizance, and this is the undertaking of a credible person or as a custodian.
The bail is filed in the court where the case is pending. In any RTC, MTC in case of absence or unavailability of the judge. If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested. But if the accused has been arrested but there is no charge yet in court, it can be filed in any court in the province, city, or municipality where he is held. Other instances when bail may be availed of. When a person lawfully arrested without a warrant asks for a preliminary investigation before the complainant or information is filed in court.
In bail as a matter of discretion, upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment and regardless of the stage of the criminal prosecution, a person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment when evidence of guilt is not strong.
Laws on Juveniles in conflict with the law concerning bail of non-capital offenses Where a child is detained, the court shall order the: (a) Release of the minor on cognizance (b) Release of the child in conflict with the law on bail or (c) Transfer of a minor to a youth detention home/youth rehabilitation center.
Court martial offenses - An accused military personnel triable by courts martial or those charged with a violation of the Articles of war does not enjoy the right to bail.
The effect of a grant of bail is that if bail is granted, the accused shall be released upon approval of the bail by the judge.
VILLASORDA, ISRAEL JIRE R
3C4 BSCRIM
Thankyou so much po Atty. I am always grateful to have you as my mentor. You were so generous with your time and efforts. Thank you for being a great teacher and here are the summary of what I've learned for the lesson proper:
Bail
This is a security given for the release of a person in custody of the law, furnished by him or bondsman, to guarantee his appearance before any court as required under the conditions prescribed under this. The individual posting bail is in the possession of the law, according to Section 1, Rule 114.. In the custody of the law, it means that a person who posts bail is either detained in police detention cells, detention facilities, or jails, or the accused voluntarily surrenders in court. It stipulates that a person posting bail must first be in the custody of the law; a person who is not in the law's custody may not post bail since there is no need to secure the temporary release if the person is not in the law's custody. A bail can be furnished by the person seeking release himself or bondsman or a third person.
3 instances wherein the accused personal appearance is required
1. During arraignment = when the accused is presented before the court and the information is read to him. The personal appearance of the accused is required.
2. During identification - the witness for the prosecution will have to point out the person of the accused.
3. During promulgation of judgment
Basis of the right of the accused
1. To post bail where is this right coming from the right to bail is a constitutional right that flows from the presumption of innocence in favor of the accused who should not be subjected to the loss of freedom.
• Whenever a person or an accused post bail that right belonging to him is enshrined under the constitution
Constitutional right- enshrined in the constitution called the presumption of innocence.
Presumption of innocence- means that every person is presumed innocent until proven guilty.
2. The right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that the accused is under legal custody.
• If the accused is at large when he uses representative, the right to bail presupposes that the accused may not post bail without surrender or without presenting himself to the court.
At large means did not voluntarily surrender to the court or he was not arrested.
The conditions attached to the grant of bail
1. The accused must execute an undertaking
Undertaking- is a statement, a warranty or promise of the accused will appear personally before the court, whenever required by the rules or by the order of the court.
2. That the accused shall appear before the court whenever required by the court
Trial in absentia= the accused opted to give his right to be present in the proceedings and participate therein.
Liability of the surety or bondsmen is civil in nature it consists of payment in a sum of money that emerges from a contract. A surety bond is where a third person will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsmen will have to pat the amount of the cash bond
If the offense is bailable, the public prosecutor's suggested bond will be listed in the decision or information. Is it possible for the accused to post bail if the offense is not bailable? Before the court hears or tries the accused's case, he might file a petition for bail.
Nature of bail proceedings - the hearing of a bail application should be summary or otherwise in the discretion of the court.
Summary- it must be expeditious or it is supposed to be continuous that will not allow several postponements.
Purposes of bail- the accused is a judge guilty of the crime charge then he has the right to secure temporary release or freedom, to honor the presumption of innocence until his guilt is proven beyond reasonable doubt and to enable him to prepare his defense without being subjected to punishment prior to conviction.
FORMS OF BAIL.
Corporate surety or bail bond= The accused will not pay the entire bail amount or the suggested bail amount. Instead, the accused will pay a premium, which will be a tiny fraction of the total bond sum.
Property bond= The property's title will be used as security for the accused's provisional liberty, resulting in a lien on the property.
Lien means a incumbent or a burden
Cash bond= it is deposited by the accused himself or on person acting in his behalf. If the accused fails to appear when the court or the rules require it, the entire monetary bail will be forfeited in favor of the government, and the accused will be arrested.
Recognizance= There is no property, currency, or money brought or paid to the court in a recognizance. Rather, it is the undertaking of a trustworthy person or as a custodian. The accused's temporary release will be handed to a trustworthy individual who is uninterested in the case. If the court demands the presence of the accused, the custodian must bring the accused's person to the hearing; however, this does not apply to all types of charges and is only authorized for minor offenses.
Where do you filed bail?
1. In the court where the case is pending
2. In the absence or unavailability of the judge thereof, with any RTC judge, MTC judge or MCTC judge in the province, city, or municipality.
3. If the accused is arrested in a province, city, or municipality other than where the case is pending, bail may filed with any RTC of said place, or if no judge thereof is available with any MTC judge, MCTC therein.
4. If the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held arrested.
Laws on Juveniles in conflict with the law with respect to bail of non-capital offenses Where a child is detained, the court shall order the:
Release of the minor on cognizance
Release of the child in conflict with the law on bail or
Transfer of a minor to a youth detention home/youth rehabilitation center.
If the minor is unable to post bail, he may be committed to the DSWD's custody or a local rehabilitation center on the DSWD's suggestion.
“Bail may not be filed once already a final judgement”
Court Martial Offenses
Bail is not available to suspected military members who are being tried by courts martial or who have been charged with a violation of the Articles of War.
Filing of Bail after a Final Judgment
Bail may not be filed once there is already a final judgement except even after the conviction of the MTC, bail is still a matter of right.
Duties of the trial judge if an application for bail is filed
The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution. Then if the evidence of guilt is not strong, then the court will have to allow the accused to post bail.
Party with the burden of proof in ball applications
If the accused filed petition for bail, the prosecution has the burden to prove that the evidence of guilt is strong. The prosecution is the first one who present in bail hearing because he has the burden of proof.
Remedy of the accused when bail is denied by the trial court
The accused can file a petition for certiorari under rule. The grave abuse of discretion amounting to lack or excess of jurisdiction.
Effect of a grant of bail
If bail is granted, the accused will be released once the judge has approved the bail.
Bail when not required
Bail is not required for violations of ordinances, small felonies, or criminal offenses with a maximum sentence of 6 months in prison and/or a fine of Php2,000.
When accused does not have the financial ability to post bail initially fixed by the court
The accused can request a reduction of bail, but he must present documents and affidavits to support his request.
Good Day Atty. Thank you for this lesson. In this video lecture I have learned the following;
BAIL- RULE 114
- A security given for the release of a person in custody of the law, furnished by him or bondsman, to guarantee his appearance before any court as required under the conditions prescribed under this rule.
Two Instances;
- When a person arrested and detained by police authorities
- When the accused voluntarily surrenders his person to the authority of the court.
One of the requirement before the accused can post a bill there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender.
RULE 114 -SECTION 1
- It requires that a person posting a bail must first be in the custody of the law, a person who is not in custody by the law may not post bail because if the person is not in custody by the law then there is no reason to secure the temporary release.
A bail can be furnished by the person seeking release himself or bondsman or a third person. Three instances wherein the accused personal appearance is required
- During arraignment when the accused is presented before the court and the information is read to him the personal appearance of the accused is required.
- During identification - the witness for the prosecution will have to point out the person of the accused.
- During promulgation of judgment
Basis of the Right to Bail
- Whenever a person or an accused post bail that right belonging to him is enshrined under the constitution, constitutional right enshrined in the constitution is called the presumption of innocence, presumption of innocence means that every person is presumed innocent until proven otherwise.
- The right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that the accused is under the legal custody.
Example
- If the accuses is at large, then he can post bail without surrender or without presenting himself to the court.
(At large - did not voluntarily surrender to the court or he was not arrested.)
- The right to bail presupposes that the accused is under legal custody without voluntary surrender, without arrest or detention then the accused may not post bail.
Conditions Attached to Grant of Bail
All kinds of bail are subjects to the following conditions;
- The accused must execute an undertaking
(Undertaking- is a statement, a warranty or promise of the accused will appear personally before the court, whenever required by the rules or by the order of the court.)
- Trial in absentia means that the accused opted to give his right to be present in the proceedings and participate therein.
NOTE:
- The original paper shall state the full name and address of the accused, the amount of the undertaking and the undertaking and the condition required by this section.
- There are different requirements of courts, sometimes the requirement of court in posting bail will vary from jurisdiction to jurisdiction or from executive judges to another.
Liability of the Surety or Bondsman
- A surety bond- is where a third person will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsmen will have to pay the amount of the cash bond.
- The liability if surety or bondsman is civil in nature it means it consists in payment of sum of money and it emerges in the contract.
Nature of Bail Proceedings
- If the offense is bailable then you will see in the resolution or the information the recommended bail by the public prosecutor.
(The amount is already included so all you have to do is pay the amount and submit the necessary requirement.)
- If the offense is non-bailable in nature, then can the accused post bail. The remedy of the accused is to file a petition for bail before the court that hears or tries his case.
- The hearing of an application for bail should be summary or otherwise in the discretion of the court.
Purposes of Bail
- Before the accused is charge guilty of the crime then he has the right to secure temporary release or freedom.
- Bail is also to honor the presumption of innocence as enshrined in the constitution
- Also to enable him to prepare his defense without being subjected to punishment prior to conviction.
Forms of Bail
- Corporate surety/bail bond
- Property bond
- Cash deposit/Cash bond
- Recognizance
Corporate surety/Bail Bond
- Corporate surety has the advantages such as the accused will not pay the entire amount of the bail or the recommended amount of bail instead the accused will only pay a premium and the premium is only a small percentage of the total amount of bail.
- If the accused jump bail or if he skips hearing despite notice then the bond will be cancelled and then the bonding company will be given sufficient time to locate the whereabouts of the accused who posted bail but later on jump bail. If the bonding company fails to locate the accused the court will cancel the bail and issue a warrant of arrest.
Property Bond
- Lien - it is an incumbent or a burden -
- Annotation of the lien within 10 days after the approval of the bond
(Annotation means that bail will inscribe or annotated at the back of the title before the registry of deeds if the property is registered)
Cash deposit/Cash Bond
- If the accused does not appear by the court or by the rules then the whole amount of the cash bond will be forfeited in favor of the government and the accused will be arrested.
Recognizance
- In recognizance there is no property, no cash or surety which is being brought or paid to the court. It is the undertaking of a credible person or custodian. The temporary release of the accused will entrusted to the credible persons, who has no interest in the case. In case that the court requires the presence of the accused, the custodian will have to bring the person on of the accused to attend the hearing. But recognizance does not apply to all kinds of offenses. It is only available in light felonies.
Where do you Filed Bail?
- Court where the case is pending
- In any RTC, MTC in case of absence of unavailability of the judge
- If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested.
- But if the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held.
Other instances when bail may be availed of
- When a person lawfully arrested without a warrant asks for a preliminary investigation before the complainant or information is filed in court.
- The court may require a witness to post bail if he is a material witness and bail is needed to secure his appearance.
Laws on Juveniles in conflict with the law with respect to bail of non-capital offenses
Where a child is detained, the court shall order the;
- Release of the minor on cognizance to his parent or other suitable person
- Release of the child in conflict with the law on bail
- Transfer of a minor to a youth detention home/youth rehabilitation center.
- If the minor is unable to post bail then he can committed to the care of the DSWD or a local rehabilitation center or upon recommendation of the DSWD.
Court Martial Offenses
- If a military person has been accused of war crimes or violation of the articles of war then he does not enjoy the right to post bail.
Filing of Bail after a Final Judgment
General Rule
- Bail may not be filed once there is already a final judgment except even after the conviction of the MTC, bail is still a matter of right.
Bail as matter of right
- Before or after conviction by the MeTC and MTC.
- Before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment.
- Before final conviction by all children in conflict with the law for an offense not punishable by reclusion perpetua or life imprisonment.
Bail as a Matter of Discretion
- Upon conviction by the RTC of an offense not punishable by death, reclusion Perpetua or life imprisonment
- Regardless of the stage of the criminal prosecution, a person charged with a capital offense, or an offense punishable by reclusion Perpetua or life imprisonment, when evidence of guilt is not strong.
- A child in conflict with the law charged with an offense punishable by death, reclusion perpetua or life imprisonment when evidence of guilt is not strong.
Duties of the trial judge if an application for bail is filed
- The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution.
(If the evidence of guilt is not strong, then the court will have to allow the accused to post bail.)
Party with the burden of proof in ball applications
- If the accused filed petition for bail, the prosecution has the burden to prove that the evidence of guilt is strong.
(That is why the prosecution is the first one who present in bail hearing because he has the burden of proof.)
Remedy of the accused when bail is denied by the trial court
- The accused can file a petition for certiorari under rule 65 based on the grave abuse of discretion amounting to lack or excess of jurisdiction.
Effect of a grant of bail
- If a bail is granted, the accused shall be released upon approval of the bail by the judge. Bail when not required
Bail is not required
- When the violation is an ordinance, light felony with an imposable penalty not exceeding 6 months of imprisonment and/or 2,000 pesos.
When the accused does not have financial ability to post the bail initially fixed by the court
- The accused may move for its reduction by submitting document and affidavits that may warrant his claim for reduction.
Priority of hearing for motion for reduction of bail
- Such motion shall enjoy priority in the hearing of cases
- The order fixing the amount of the bail shall not be subject to appeal.
CHARLENE MAY M. OSUNA
3C2 BS-CRIMINOLGY LSPU-SPCC
Thank you sir for the discussion. good day, this is the list of what I've learned;
Basis of the Right to Bail
- whenever an accused post bail that right belonging to him is enshrined under the constitution the right is called presumption of innocence, it is every person is presumed innocent until proven guilty.
- the right to bail presupposes that the accused is under legal custody without voluntary surrender then the accused may not post bail.
Conditions attached to the Grant of Bail
- the accused must undergo an undertaking in which an undertaking is a statement it is a warranty or promise of the accused that he will appear personally before the court.
- failure to appear on the part of the accused shall be deemed as the waiver of his right to be present there at and therefore the trial may proceed in absentia.
Forms of Bail
- most common place is Cash Deposit/Cash Bond
- Corporate Surety/ Bail Bond
- Property Bond
- Recognizance
Where to Filed
- you can only file the bail-in that court where the case is pending
- you can file it in RTC or the MTC or in MCTC.
Bail as a matter of RIght
- before or after conviction by the MeTC and MTC
- before conviction by the RTC of an offense not punishable by Reclusion Perpetua, or death
- before final conviction by all children in conflict with the law.
Bail as a matter of Discretion
- upon conviction by the RTC of an offense not punishable by death, or reclusion perpetual
- a person charged with a capital offense, or an offense punishable by reclusion perpetual or life imprisonment, when evidence of guilt is not strong.
RAMOS DANIEL R.
3C4
Good Day Attorney!!! This is the summary of what I've learned from the Video Recorded Lecture you’ve uploaded.
Bail defined is the security given for the release of a person in the custody of law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions prescribed under the rules.
According to Section 1, Rule 114 that person who is posting a bail is in the custody of law. In the custody of law means that the person posting bail, it's either in detention with the police detention cells or detention centers or the jails or when the accused voluntarily surrender in court. One of the requirements before the accused can post a bail there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender. Rule 114 Section 1 requires that a person posting a bail must be first in the custody of the law. A person who is not in the custody of the law may not post bail because if you are not in thr custody of the law then there is no reason for you to secure you temporary release. A bail can be furnished by the person seeking release himself or bondsman or a third person.
There are three instances in which the accused personal appearance is required such as :
1. During arraignment when the accused is presented before the court and the information is read to him the personal appearance of the accused is required.
2. During identification - the witness for the prosecution will have to point out the person of the accused.
3. During promulgation of judgment Basis of the right to bail •whenever a person or an accused post bail that right belonging ti him is enshrined under the constitution.
-constitutional right enshrined in the constitution is called presumption of innocence
When we say Presumption of Innocence means that every person is presumed innocent until proven otherwise.
-if the accuses is at large, then he can post bail without surrender or without presenting himself to the court. (At large - did not voluntarily surrender to the court or he was not arrested.
-The right to bail presupposes that the accused is under legal custody without voluntary surrender, without arrest or detention then the accused may not post bail. Conditions attached to the grant of bail
-The accused must execute an undertaking. An undertaking is a statement, it is a warranty or promise of the accused that he will appear personally before the court whenever required by the rules or the orders of the court.
When we say Trial in absentia it means that the accused opted to give his right to be presebt in the proceedings and participate therein. Liability of the surety or bondsmen is civil in nature.
A surety bond is where a third person will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsmen will have to pat the amount of the cash bond. If the offense is bailable then you will see in the resolution or the information the recommended bail by the public prosecutor. If the offense is non-bailable in nature, then can the accused post bail. The remedy of the accused is to file a petition for bail before the court hears or tries his case.
In terms of the nature of bail proceedings such as
-A bail proceedings is summary in nature.
-Summary - it supposed to be continuous and expeditios.
The following are the purpose of Bail
-Before the accused is a judge guilty of the crime charge then he has the right to secure tenporary release or freedom.
- Bail is also to honor the presumption of innocence or enshrined in the constitution
-To enable him to prepare his defense without being subjected to punishment prior to conviction. Forms of Bail
-Corporate surety/Bail bond Advantages of corporate surety - the accused will not pay the entire amount of the bail or the recommended amount of bail instead the accused will only pay a premium and the premium is only a small percentage of the total amount of bail.
-Property Bond
Lien - it is an incumbent or a burden
-Cash deposit or Cash bond - it is deposited by the accused himself or on person acting in his behalf
When we say RECOGNIZANCE - there is no property, cash or money which is being brought ot paid to the court instead a recognizance, this is the undertaking of a credible person or as a custodian. - The temporary release of the accused will be entrusted to a credible person who has no interest in the case. In case that the court requires the presence of the accused, the custodian will have to bring the person of the accused to attend the hearing but it does not apply to all kinds of offenses, and allowed only for light offense.
Here are the way on where you can filed a bail
1. You can post bail in the court where the case is pending
2. In any RTC, MTC in case of absence of unavailability of the judge
3. If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested.
4. But if the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held arrested. Laws on Juveniles in conflict with the law with respect to bail of non-capital offenses
Where a child is detained, the court shall order the following:
1. Release of the minor on cognizance
2. Release of the child in conflict with the law on bail or
3. Transfer of a minor to a youth detention home/youth rehabilitation center. If the minor is unable to post bail then he can committed to the care of the DSWD or a local rehabilitation center or upon recommendation of the DSWD.
In terms of Court Martial Offenses
• If a military person has been accused of war crimes or violation of the articles of war then he does not enjoy the right to post bail.
Here are the way on Filing of bail after a final judgement
•As a general rule, bail may not be filed once there is already a final judgement except even after the conviction of the MTC, bail is still a matter of right. Duties of the trial judge if an application for bail is filed
•The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution. If the evidence of guilt is not strong, then the court will have to allow the accused to post bail. Party with the burden of proof in ball applications
•If the accused filed petition for bail, the prosecution has the burden to prove that the evidence of guilt is strong.
WHEN WE SAY Prosecution is the first one who present in bail hearing because he has the burden of proof. Effect of a grant of bail
•If a bail is granted, the accused shall be released upon approval of the bail by the judge.
The basis in which bail is not required
Bail is not required for violation of an ordinance, light felony or criminal offense with an imposable penalty not exceeding 6 months of imprisonment and/or Php2,000 fine. When accused does not have the financial ability to post bail initially fixed by the court •The accused can file motion to reduce bail but he must submit documents and affidavits that may warrant his claim for reduction.
TULAWE RICO O. BSCRIM-3C1
Good day atty. In this particular lecture series I've learned about 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 prescribed under the rules (Sec. 1, Rule 114). Based in this definition bail is the security posted by the accused to temporarily release of his person. Based on Sec. 1, Rule 114 In custody of the law. In detention with the police detention cell or jails or the accused voluntarily surrenders his person to the authority of the court.
Requirements to post a bail is the certificate of detention to be issued by the PNP or a certification of voluntary surrender.
Person of appearance is required
* During arraignment
* During identification
* During promulgation of judgement
Basis of the right to Bail
* The right to bail is a constitutional right which flows form the presumption of innocence in favor of every accused who should not be subjected to the loss of freedom.
* Thus, the right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that the accused is under legal custudy.
Conditions attached to the garant of Bail
All kinds of bail are subject to the following conditions:
* The undertaking shall be effective upon approval, unless cancelled, shall remain in form at all stages of the case until promulgation of the judgement of the RTC, irrespective of whether the case was originally filled in or appealed to it.
* The accused shall appear before the proper court whenever required by the court or these rules.
* The failure of the accused to appear at the trial court 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 (TRIAL IN ABSENTIA)
* the bondsman shall surrender the accusedto the court for execution of the final execution.
Note : 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 6 months shiwing the face, left and right profiles of the accused must be attached to the bail (Sec 2, Rule 114).
Liability of the surety or bondsman
* It is inherently civil in nature. The liability of the bondsman on the bail arises not from the violation of, or an obligation to comply with, a penal provision of law.
* It emerges instead from a contract, the bind subscribed jointly by the accused and the surety or bondsmen.
NATURE OF BAIL PROCEEDINGS
* the hearing of an application for bail should be summary or otherwise in the discretion of the court.
If the offense committed is not bailable, the accused can still file a bail, provided that the accused will apply petition for bail.
PURPOSES OF BAIL
* To relieve an accused from the rigora of imprisonment until his conviction and yet secure his appearance at the trial.
* To honor the presumption of innocent until his guilt is proven beyond reasonable doubt.
* To enable hin to prepare his defense without being subjected to punishment prior to conviction.
Forms of Bail
* Corporate surety/ Bail bond
- An obligation under seal given by the accused with one or more sureties and made payable to the proper officer with the condition to be void upon performance by the acused of such acts as he may be legally required to perform.
-The acused goes to an authorized bonding company and he will pay a premium for the service which is percentage of the total amount of bail.
PROPERTY BOND
* The title of the property will be used as security for the provisonal liberty of the accused which shall constitute a lien over the property.
* The accused shall cause annotation of the lein within 10 days after approval the bond before the registry of deeds.
CASH DEPOSIT /CASH BOND
* No further order from the court is necessary for the release of the accused if the conditionss prescribed were complied with.
* If the accused does not appear when required, the whole amount of the cash bond will be forfeited in favir of the government and the accised will now be arrested.
RECOGNIZANCE- An obligation of the record, entered into before some court or magistrate duly authorized to take it with the condition to do some particular act. Iy is undertaking of. a disinterested person with high credibility wherein he will execute an affidavit of recognizance to the effect that when the presence of the accused is reuired in court, the custudian will bring him to that court.
* This is allowed for light felonies only.
Where filed a bail?
* In the court where the case is pending or,
* In any RTC, MTC in case in unavailability of the judge.
Bail is not required when the violation or ordinance, light or criminal offense the imposable penalty of which does not exceeds 6 months impresonment and or 2000 pesos fine.
Good evening po sir! Based on what I learned and what I heard on the discussion it is all about Bail Rule 114 of Criminal Procedure.
BAIL- RULE 114- A security given for the release of a person in custody of the law, furnished by him or bondsman, to guarantee his appearance before any court as required under the conditions prescribed under this rule.
Two Instances; When a person arrested and detained by police authorities and when the accused voluntarily surrenders his person to the authority of the court. One of the requirement before the accused can post a bill there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender.
Basis of the Right to Bail- The first basis is whenever a person or an accused post bail that right belonging to him is enshrined under the constitution, constitutional right enshrined in the constitution is called the presumption of innocence, presumption of innocence means that every person is presumed innocent until proven otherwise. And last The right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that the accused is under the legal custody.
Conditions Attached to Grant of Bail- All kinds of bail are subjects to the following conditions; The accused must execute an undertaking
(Undertaking- is a statement, a warranty or promise of the accused will appear personally before the court, whenever required by the rules or by the order of the court.)
And the Trial in absentia means that the accused opted to give his right to be present in the proceedings and participate therein.
Liability of the Surety or Bondsman
- A surety bond- is where a third person will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsmen will have to pay the amount of the cash bond.
- The liability if surety or bondsman is civil in nature it means it consists in payment of sum of money and it emerges in the contract.
Nature of Bail Proceedings
- If the offense is bailable then you will see in the resolution or the information the recommended bail by the public prosecutor.
(The amount is already included so all you have to do is pay the amount and submit the necessary requirement.)
- If the offense is non-bailable in nature, then can the accused post bail. The remedy of the accused is to file a petition for bail before the court that hears or tries his case.
- The hearing of an application for bail should be summary or otherwise in the discretion of the court.
Purposes of Bail
- Before the accused is charge guilty of the crime then he has the right to secure temporary release or freedom.
- Bail is also to honor the presumption of innocence as enshrined in the constitution
- Also to enable him to prepare his defense without being subjected to punishment prior to conviction.
Forms of Bail
- Corporate surety/bail bond
- Property bond
- Cash deposit/Cash bond
- Recognizance
Corporate surety/Bail Bond
- Corporate surety has the advantages such as the accused will not pay the entire amount of the bail or the recommended amount of bail instead the accused will only pay a premium and the premium is only a small percentage of the total amount of bail.
- If the accused jump bail or if he skips hearing despite notice then the bond will be cancelled and then the bonding company will be given sufficient time to locate the whereabouts of the accused who posted bail but later on jump bail. If the bonding company fails to locate the accused the court will cancel the bail and issue a warrant of arrest.
Property Bond
- Lien - it is an incumbent or a burden -
- Annotation of the lien within 10 days after the approval of the bond
(Annotation means that bail will inscribe or annotated at the back of the title before the registry of deeds if the property is registered)
Cash deposit/Cash Bond
- If the accused does not appear by the court or by the rules then the whole amount of the cash bond will be forfeited in favor of the government and the accused will be arrested.
Recognizance
- In recognizance there is no property, no cash or surety which is being brought or paid to the court. It is the undertaking of a credible person or custodian. The temporary release of the accused will entrusted to the credible persons, who has no interest in the case. In case that the court requires the presence of the accused, the custodian will have to bring the person on of the accused to attend the hearing. But recognizance does not apply to all kinds of offenses. It is only available in light felonies.
Where do you Filed Bail?
- Court where the case is pending
- In any RTC, MTC in case of absence of unavailability of the judge
- If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested.
- But if the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held.
Other instances when bail may be availed of
- When a person lawfully arrested without a warrant asks for a preliminary investigation before the complainant or information is filed in court.
- The court may require a witness to post bail if he is a material witness and bail is needed to secure his appearance.
Laws on Juveniles in conflict with the law with respect to bail of non-capital offenses
Where a child is detained, the court shall order the;
- Release of the minor on cognizance to his parent or other suitable person
- Release of the child in conflict with the law on bail
- Transfer of a minor to a youth detention home/youth rehabilitation center.
- If the minor is unable to post bail then he can committed to the care of the DSWD or a local rehabilitation center or upon recommendation of the DSWD.
General Rule
- Bail may not be filed once there is already a final judgment except even after the conviction of the MTC, bail is still a matter of right.
Bail as matter of right
- Before or after conviction by the MeTC and MTC.
- Before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment.
- Before final conviction by all children in conflict with the law for an offense not punishable by reclusion perpetua or life imprisonment.
Duties of the trial judge if an application for bail is filed
- The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution.
(If the evidence of guilt is not strong, then the court will have to allow the accused to post bail.)
Remedy of the accused when bail is denied by the trial court
- The accused can file a petition for certiorari under rule 65 based on the grave abuse of discretion amounting to lack or excess of jurisdiction.
Effect of a grant of bail
- If a bail is granted, the accused shall be released upon approval of the bail by the judge. Bail when not required
Bail is not required
- When the violation is an ordinance, light felony with an imposable penalty not exceeding 6 months of imprisonment and/or 2,000 peson.
Cabangon, Marvin V.
3C1 BSCRIMINOLGY LSPU-SPCC
Despite the fact that I had already learned about bail in previous subjects, this lesson has expanded my knowledge of bail, which refers to 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 set forth in section 1, rule 114. If you wish to bail out, you'll need a certificate of custody from the PNP, as well as a document of voluntary surrender. I've also learnt that the accused must present in person three times: at arraignment, identification, and promulgation. In addition, I was familiar with the nature of bail proceedings, which stipulates that the hearing of an application for bail should be summarized and otherwise left to the discretion of the court, as well as the different types of bail, such as corporate surety/bail bond; property bond; cash bond or cash deposit; and recognizance. Finally, I learned about factors to consider when determining appropriate bail, such as the accused's financial ability to post bail, the nature and circumstances of the offense, the penalty for the offense charged, the accused's character and reputation, his or her age and health, the weight of the evidence against the accused, the likelihood of the accused appearing in court, and the forfeiture of other bonds. facts that the accused was a fugitive from justice at the time of his capture; and the status of the cases in which the accused is on bail.
thankyou for the lesson sir
Ju b
Thank you Atty. In the video recorded lecture I have learned that
Under rule 114, Bail is defined as a 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 prescribed under this rule.
There are two instances;
-when a person arrested and detained by police authority and;
-when the accused voluntarily surrenders before the court.
There must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender.
Under sec 1 rule 114, it requires that a person posting a bail must be firstbe in the custody by the law may not post bail because if the person is not in the custody by the law then there is no reason to secure his temporary release.
3 instances wherein the accused personal appearance is required:
-during arraignment, when the information is read to him personally.
-during identification, the witness will point out the person accused.
-during promulgation of judgment
Basis of the right to bail
-when an accused post a bail that right belonging to him that is enshrined the constitution which is presumption of innocence, means that every one is presumed innocent until proven guilty.
-the right to bail only accrues when a person is arrested or deprived of his liberty.
Example is when a person or accused is at large (he was not arrested).
-and those accused is under the custody without voluntary surrender then he may not post bail.
Conditions attached to grant of bail
Bails were subjected to these following conditions;
-the accused must execute undertaking (it is a statement, a warranty or promise that he/she will appear personally before the court.)
-trial in absentia (means that the accused opted to give his right to be present in the proceedings and participate therein.)
Liability of a bondsman
-it is the bondsman liabiliy in civil natute that it means it consists in payment of sun of money and emerges it un the contract.
Nature of bail proceedings
-if the offense is bailable then the accused can see on the information or resolution the amount of bail and it is recommended by the public prosecutor.
-if the offense is non-bailable in nature, then the accused is to file a petition for bail before the court whom hears or tries his case.
-the hearing for application for bail should be in the court's discretion.
Purpose of bail
-the accused has the right to secure temporary release or freedom before he is charged guilty of an offense.
-bail is an honor that presumed the innocent of a person as enshrined in the constitution.
-it enables the accused to prepare his/her defense without subjected to punishment prior to conviction.
Forms of bail
1. Corporate surity/bail bond -has the advantages such as the accused will not pay the amount of bail instead the accused will pay only a premium wherein it is a small percentage of the total amount of the bail.
-if the accused jump or skip hearing then the bond will be cancelled and the court will issue a warrant of arrest to the accused.
2. Property bond - it is a lien (incumbent or burden)
-annotation of lien is within 10days aftr the approval kf the bond.
3. Cash deposit / cash bond - the whole amount of the cash bond will be forfeited in favor to the government and the accused will be then arrested if he does not appear before the court.
4. Recognizance - there is no property, cash or surety. It is the undertaking of a credible person or custodian. The custodian will take full responsibility to bring the accused in court whenever he is summoned. But, release in recognizance is applicable only to light felonies.
Where do you file bail?
-court where the case is pending
-any RTC, MTC in case absence of unavailability of the judge
-any RTC or MTC where the accused is arrested
-if the accused is not yet charge but is arrested it can be filed at any court in province, city or municipal where he is held.
Court Martial Offenses
-if a military person has been accused of war crimes or violation of the articles of war then he does not enjoy the right to post bail.
Filing of Bail after a Final judgment
As a general rule, bail may not be filed onced there is already a final judgment except even after the conviction of the MTC, baik is still a matter of right.
Bail as a matter of right
-before or after the conviction by the METC and MTC
-before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment
-before final conviction by all children in conflict with the law for an offrnse not punishable by reclusion perpetua or life imprisonment.
Bail as a matter of discretion
-upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment
-when evidence of guilt is not strong
-a CICL charged with an offense punishable by death, reclusion perpetua or life imprisonment when evidence of guilt is not strong.
Duties of the trial judge if an application for bail is filed
-the trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution.
Party with the burden of proof in bail applications
-if the accused filed petition fkr bail, the prosecution has the burden to prove that the evidence of guilt is strong in nature.
Remedy of the accused when bail is denied by court
-the accused can file a petition certiorari under rule 65 based on the grave abuse of discretion amounting to lack of excess of jurisdiction.
Effects of a grant of bail
-the accused shall be released upon the approval of the bail by the judge.
Bail is not require
-when the violation is an ordinance or light felonies that are imposable of a penalty not exceeding 6months of imprisonment.
When the accused does not have financial ability to post the bail initially fixed by the court.
-the accused may move its reduction by submitting document and affidavits that may warrant his claim for reduction.
RIVERA, KAYCELINE B. (3C3)
Good day, Atty. Thank you for taking the time to teach us this lesson. I learned from this video lecture are the following:
BAIL- RULE 114 - A security offered for the release of a person in custody of the law, furnished by him or his bondsman, to ensure his attendance before any court as needed under the terms prescribed by this rule.
There are two scenarios, first is when a person is arrested and detained by police authorities. Second is when the accused voluntarily surrenders himself to the court's authority.
SECTION 1 RULE 114
- It requires that a person posting bail must first be in the custody of the law; a person who is not in the law's custody may not post bail since there is no need to secure the temporary release if the person is not in the law's custody.
A bail can be furnished by the individual who is seeking release, a bondsman, or a third party. The accused's personal appearance is required in three situations such as during arraignment if the accused is presented before the court and the information is read to him, during identification if the prosecution witness will have to point out the accused's face and during the issuance of the decision.
The right to bail is incorporated in the constitution whenever a person or an accused posts bail. The constitutional right enshrined in the constitution is known as the presumption of innocence. Presumption of innocence indicates that everyone is presumed innocent until proven guilty.
All kinds of bail are subjects to the following conditions;
The following conditions apply to all types of bail: - The accused must sign an undertaking which is a statement, a warranty or promise of the accused will appear personally before the court, whenever required by the rules or by the order of the court.
A trial in absentia indicates that the accused waived his right to be present and participate in the proceedings.
Bail can be filed in court where the case is pending or in any RTC, MTC in case of absence of unavailability of the judge. However If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested. And if the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held.
In an instance where in a child is detained, the court shall order the;
- Release of the minor on cognizance to his parent or other suitable person
- Release of the child in conflict with the law on bail
- Transfer of a minor to a youth detention home/youth rehabilitation center.
- If the minor is unable to post bail then he can committed to the care of the DSWD or a local rehabilitation center or upon recommendation of the DSWD.
However if a military person has been accused of war crimes or violation of the articles of war then he does not enjoy the right to post bail.
When it comes of filing of bail after a final judgment as a general rule the bail may not be filed once there is already a final judgment except even after the conviction of the MTC, bail is still a matter of right.
Burden of proof in bail applications is whe the accused filed petition for bail, the prosecution has the burden to prove that the evidence of guilt is strong.
The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution.
If the bail is granted, the accused shall be released upon approval of the bail by the judge. And bail is not required if the violation is an ordinance, light felony with an imposable penalty not exceeding 6 months of imprisonment and/or 2,000 pesos.
I Learned a lot from this lesson, regarding to rule 114 Bail it is purpose is to secure a person in the custody of the law, In custody of the law is the person posting bail is either in detention cells , centers or jails or when the accused voluntary surrender in the authority of the court.
The bail is filed in the court where the case is pending. In any RTC, MTC in case of absence or unavailability of the judge. If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested. But if the accused has been arrested but there is no charge yet in court, it can be filed in any court in the province, city, or municipality where he is held. Other instances when bail may be availed of. When a person lawfully arrested without a warrant ask for a preliminary investigation before the complainant or information is filed in court.
Good afternoon sir. Im Rio Vanessa M. Timbas 3C2
here are the things that i learn from your video lecture thank you for this lessons Sir.
The right to bail accrues when a person is arrested or deprived of his liberty. All kinds of bail are subject to the following conditions Trial in absentia means that the accused opted to give his right to be present in the proceedings and participate therein. If the offense is non-bailable in nature, then can the accused post bail. A surety bond is where a third person will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsmen will have to pay the amount of the cash bond. The bail conditions include that the accused be released on bail to prepare his defense without being subjected to punishment prior to conviction.
all types of bail: - The accused must sign an undertaking which is a statement, a warranty or promise of the accused will appear personally before the court, whenever required by the rules or by the order of the court. A trial in absentia indicates that the accused waived his right to be present and participate in the proceedings. Bail can be filed in court where the case is pending or in any RTC, MTC in case of absence of unavailability of the judge. However If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested.
Atty. Pwede pa discuss ng Cil Procedure and Rules and Evidence. Maliwanag ka kasi mag explain. THank you po
Leonidas, Joana Marie M.
3c1
Thank you sir, this is the summary of what ive'd learned in part 7.
According to the Rule 114, Bail is the security given for the release of a person in the custody of the law furnished by him or a bondsman to guarantee his appearance before any court as required under the conditions prescribed under the rules.
They have also 3 Instances where the accused the personal appearance is required.
- During Arraignment: The information is read to athe accused while he stands before the court.
- During Identification: A person of the accused will be singled out by the witness prosecution.
- During Promulgation: If a person is released on bail he is required to appear in those circumstances because the rules of court demand the personal appearance of a person release on bail.
Bail can take the following:
SURETY/ BAIL BOND CORPORATIONS ADVANTAGES OF CORPORATE SURETY- the accused will not have to pay theentire bail ammount of the suggested bail amount
PROPERTY BOND- An incumbent or a burden is refferred to as lien.
CASH DEPOSIT/ CASH BOND- deposit made by the accused or a person acting on his behalf.
RECOGNIZANCE- there is no property, cash or money brought to court in life of a recognizance, and this is the understaking of a credible person or as a custodian.
Where do you filed bail?
1. You can post bail in yhe coust where the case is pending.
2. in any RTC, MTC in case of absence of unavailability of the judge
3. If the accused is arrested, it can be filed with any RTC of the said place or MTC where he was arrested.
4. But if the accused has been arrested but there is no changed yet in court then it can be filed in any court in the province, city or municipality where he held arrested
Court martial offenses- An accused military personnel triable by courts martial or those changed with a violation of the articles of war does not enjoy the right to bail.
The effect of a grant a bail is that bail is granted the accused shall be released upon approval of the bail by the judge.
LANDICHO, NEIL M.
3C2
Thank you for this lesson Atty, this is the summary of this video.
On the rules of Bail. Is the security given for the release of a person in the custody of law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions prescribed under the rules (Section 1, Article 114).
Basis of the right to bail.
-Whenever a person or an accused post bail that right belonging to him is enshrined under the constitution.
-Constitutiomal right enshrined in the constitution is called presumption of innocence.
-Presumption of Innocence means that every person is presumed innocent until proven otherwise.
-If the accuses is at large, then he can post bail without surrender or without presenting himself to the court.
-The right to bail presupposes that the accused is under legal custody without voluntary surrender, without arrest or detention then the accused may not post bail.
Conditions attached to the grant of bail
-The accused must execute an undertaking. An undertaking is a statement, it is a warranty or promise of the accused that he will appear personally before the court whenever required by the rules or the orders of the court.
-Trial in absentia means that the accused opted to give his right to be present in the proceedings and participate therein.
Purposes of Bail
-Before the accused is a judge guilty of the crime charge then he has the right to secure temporary release or freedom.
- Bail is also to honor the presumption of innocence or enshrined in the constitution.
-To enable him to prepare his defense without being subjected to punishment prior to conviction.
Forms of Bail
-Corporate surety/Bail bond
-Advantages of corporate surety - the accused will not pay the entire amount of the bail or the recommended amount of bail instead the accused will only pay a premium and the premium is only a small percentage of the total amount of bail.
-Property Bond
Lien - it is an incumbent or a burden
-Cash deposit/Cash bond - it is deposited by the accused himself or on person acting in his behalf
-Recognizance - there is no property, cash or money which is being brought of paid to the court instend a recognizance, this is the undertaking of a credible person or as a custodian.
- The temporary release of the accused will be entrusted to a credible person who has no interest in the case. In case that the court requires the presence of the accused, the custodian will have to bring the person of the accused to attend the hearing but it does not apply to all kinds of offenses, and allowed only for light offense.
Roque, Alexandra 3C2
Thank you, Sir!
The following are what I have learned through this video.
BAIL
Bail is the security given for the release of a person in the custody of law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions prescribed under the rules. Bail is a security posted by the accused to secure or guarantee his release or temporary release of his person. In custody of the law means the person posting bail is it’s either in detention with the police in detention cells or jails or when the accused voluntarily surrender in the court.
Under the two instances: when a person is arrested and detained by police authorities and when the accused voluntarily surrender his person to the authority of the court, that person is said to be in custody of the law. One of the requirements before the accused can post a bail; there must be a certificate of detention, to be issued by the PNP or a certificate of voluntary surrender.
According to section 1 of Rule 114, a person posting a bail must first be in the custody of the law. A person who is not in custody of the law may not post a bail because if you are not in custody of the law then there is no reason for you to secure your temporary release; you are not in any way restraint by or to your person.
THERE ARE TWO KINDS OF BAIL:
It can be furnished by the person seeking release himself or a third person.
THERE ARE 3 INSTANCES WHERE THE ACCUSER’S PERSONAL APPEARANCE IS REQUIRED
During arraignment when the accused is presented before the court and the court and the information is read to him, the personal appearance of the accused is required.
During identification, the witness for the prosecution will have to point out to the person of the accused, and
During promulgation of judgment.
If a person is released on bail the he is required to appear in those circumstances because the rules of court demand the personal appearance of a person release on bail.
The right to bail is a constitutional right which flows from the presumption of innocence in favour of every accused who should not be subjected to the loss of freedom.
Thus the right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that the accused is under legal custody.
CONDITION ATTACHED TO THE GRANT OF BAIL
Undertaking is a statement, a warranty or promise of the accused that he will appear personally before the court whenever required by rules or by the order of the court.
TRAIL IN ABSENTIA means that the accused opted to give his right to be present in the proceeding and participate therein.
LIABILITY OF THE SURETY OR BONDSMEN
The accused has no financial means to pay the cash bond, now the accused can obtain a surety bond. A surety bond will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsman will have to pay the amount of the cash bond.
If the offense is bailable then you will see in the resolution or the information the recommended bail by the public prosecutor. If the offense is non-bailable in nature, then can the accused post bail. The remedy of the accused is to file a petition for bail before the court hears or tries his case.
NATURE OF BAIL PROCEEDINGS
A bail proceeding is summary in nature.
Summary - it’s supposed to be continuous and expeditious.
THE PURPOSES OF BAIL
Before the accused judge guilty of the crime charge then he has a right for temporary release or freedom. It will appear that while the case is being tried and the accused is detained it would appear that he is being punished of a crime to which he was not yet convicted. To enable the accused to prepare his defense then he can avail of his right to post bail.
FORMS OF BAIL
CORPORATE SURETY OR BAIL BOND
The accused goes to an authorized bonding company and he will pay premium for the service. The advantage is the accused will not pay the entire amount of the bail, the accused will only pay the premium that will premium is only a small percentage of the total amount of the bail. The corporate surety is resorted to if the accused lacks financial capacity to post cash bond. If the accused jump bail or if he skips hearing despite notice then the bond will be cancelled and then the bonding company will be given sufficient time to locate the whereabouts of the accused who posted bail but later on jump bail. If the bonding company fails to locate the accused the court will cancel the bail and issue a warrant of arrest.
PROPERTY BOND
Annotation means that bail will inscribe or annotated at the back of the title before the registry of deeds if the property is registered.
CASH DEPOSIT OR CASH BOND
The common is cash deposit for cash bond.
RECOGNIZANCE
There is no property, no cash or surety which is being brought or paid to the court. It is the undertaking of a credible person or custodian. The temporary release of the accused will entrusted to the credible persons, who has no interest in the case. In case that the court requires the presence of the accused, the custodian will have to bring the person on of the accused to attend the hearing. But recognizance does not apply to all kinds of offenses. It is only available in light felonies.
WHERE DO YOU FILE BAIL?
- You can post bail in the court where the case is pending.
- In any RTC, MTC in case of absence of unavailability of the judge
- If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested.
- But if the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held arrested.
LAWS ON JUVENILES IN CONFLICT WITH THE LAW WITH RESPECT TO BAIL OF NON-CAPITAL OFFENSES
Where a child is detained, the court shall order the:
1. Release of the minor on cognizance
2. Release of the child in conflict with the law on bail or
3. Transfer of a minor to a youth detention home/youth rehabilitation center.
- If the minor is unable to post bail, then he can committed to the care of the DSWD or a local rehabilitation center or upon recommendation of the DSWD.
COURT MARTIAL OFFENSES
If a military person has been accused of war crimes or violation of the articles of war then he does not enjoy the right to post bail.
FILING OF BAIL AFTER A FINAL JUDGEMENT
As a general rule, bail may not be filed once there is already a final judgement except even after the conviction of the MTC, bail is still a matter of right.
DUTIES OF THE TRIAL JUDGE IF AN APPLICATION FOR BAIL IS FILED
The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution. If the evidence of guilt is not strong, then the court will have to allow the accused to post bail.
PARTY WITH THE BURDEN OF PROOF IN ALL APPLICATIONS
If the accused filed petition for bail, the prosecution has the burden to prove that the evidence of guilt is strong. Prosecution is the first one who present in bail hearing because he has the burden of proof.
EFFECT OF A GRANT OF BAIL
If a bail is granted, the accused shall be released upon approval of the bail by the judge.
BAIL WHEN NOT REQUIRED
Bail is not required for violation of an ordinance, light felony or criminal offense with an imposable penalty not exceeding 6 months of imprisonment and/or Php2,000.00 fine.
WHEN ACCUSED DOES NOT HAVE THE FINANCIAL ABILITY TO POST BAIL INITIALLY FIXED BY THE COURT
The accused can file motion to reduce bail but he must submit documents and affidavits that may warrant his claim for reduction.
MANTO, KYLA M.
3C2
Thank you sir for this lecture, this is the summary of what I've learned:
Bail, Rule 114 is the security given for the release of a person in custody of the law, furnished by him or a bodnsman, to guarantee his apperance before any court as a required under the conditions prescribed under Section 1, Rule 114.
According to Section 1, Rule 114 that person who posting a bail is in the custody of the law, either detention with the police centers or cells or the jail s or when the person voluntary surrender in court.
One of the requirement before the accused can post a bill there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender.
There are 3 instances where the accused personal appearance is required:
1. During arraignment
2. During identification
3. During promulgation
Basis of the Right to Bail:
Whenever a person or an accused post bail that right belonging to him is enshrined under the constitution.
Constitutional right enshrined in the constitution is called the presumption of innocence, presumption of innocence means that every person is presumed innocent until proven otherwise.
The right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that the accused is under the legal custody.
Conditions Attached to Grant of Bail:
All kinds of bail are subjects to the following conditions;
*The accused must execute an undertaking.
(Undertaking- is a statement, a warranty or promise of the accused will appear personally before the court, whenever required by the rules or by the order of the court.)
*Trial in absentia means that the accused opted to give his right to be present in the proceedings and participate therein.
Liability of the Surety or Bondsman:
*A surety bond- is where a third person will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsmen will have to pay the amount of the cash bond.
*The liability if surety or bondsman is civil in nature it means it consists in payment of sum of money and it emerges in the contract.
Nature of bail proceedings:
-Summary in nature.
- The hearing of an application for bail should be summary or otherwise in the discretion of the court.
Purposes of Bail:
Before the accused is charge guilty of the crime then he has the right to secure temporary release or freedom.
Bail is also to honor the presumption of innocence as enshrined in the constitution
To enable him to prepare his defense without being subjected to punishment prior to conviction.
Forms of Bail:
*Corporate surety/bail bond
*Property bond
*Cash deposit/Cash bond
*Recognizance
Laws on Juveniles in conflict with the law with respect to bail of non-capital offenses:
*Release of the minor or recognizance to his/her parents and other suitable person
*Release of the child in conflict with the law on bail
*Transfer of the minor to a youth detention home/youth rehabilitation
If the minor is unable to post bail then he can committed to the care of the DSWD or a local rehabilitation center or upon recommendation of the DSWD.
Court Martial Offenses:
If a military person has been accused of war crimes or violation of the articles of war then he does not enjoy the right to post bail.
Filing of bail after a final judgement:
As a general rule, bail may not be filed once there is already a final judgement except even after the conviction of the MTC, bail is still a matter of right.
Duties of the trial judge if an application for bail is filed:
The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution. If the evidence of guilt is not strong, then the court will have to allow the accused to post bail.
Party with the burden of proof in ball applications:
If the accused filed petition for bail, the prosecution has the burden to prove that the evidence of guilt is strong. Prosecution is the first one who present in bail hearing because he has the burden of proof.
Effect of a grant of bail:
If a bail is granted, the accused shall be released upon approval of the bail by the judge.
Bail when not required:
Bail is not required for violation of an ordinance, light felony or criminal offense with an imposable penalty not exceeding 6 months of imprisonment and/or Php2,000 fine.
When accused does not have the financial ability to post bail initially fixed by the court:
The accused can file motion to reduce bail but he must submit documents and affidavits that may warrant his claim for reduction.
Priority of hearing for motion for education of Bail:
*Such motion shall enjoy priority in the hearing of cases.
*In order fixing the amount of the bail shall not be subject to appeal.
Where do you Filed Bail?
*Court where the case is pending.
*In any RTC, MTC in case of absence of unavailability of the judge.
*If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested.
*But if the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held.
TAÑO, AIRA JOY M.
3C3
Thank you for this lesson, Sir. This is the summary of what I’ve learned from this video lecture.
The rules on bail. Bail is the security given for the
release of a person in the custody of law, furnished by him or a bondsman, to guarantee
his appearance before any court as required under the conditions prescribed
under the rules (Section 1, Article 114). According to Section 1, Rule 114 that
person who is posting a bail is in the custody of law. In the custody of law
means that the person posting bail, it's either in detention with the police
detention cells or detention centers or the jails or when the accused
voluntarily surrender in the court. One of the requirements before the accused
can post a bail there must be a certificate of detention to be issued by the
PNP or a certificate of voluntary surrender. Rule 114 Section 1 requires that a
person posting a bail must be first in the custody of the law.
A person who is not in the custody of the law may not post
bail because if you are not in the custody of the law then there is no reason
for you to secure you temporary release. A bail can be furnished by the person
seeking release himself or bondsman or a third person. Three instances wherein
the accused personal appearance is required .
1. During arraignment when the accused is presented before the court and the information is read to him the personal appearance of the accused is required.
2. During identification
- the witness for the prosecution will have to point out the person of the accused.
3. During promulgation of judgment.
Basis of the right to bail
-Whenever a person or an accused post bail that right belonging to him is enshrined under the constitution.
-Constitutional right enshrined in the constitution is called presumption of innocence.
-Presumption of Innocence means that every person is presumed innocent until proven otherwise.
-If the accuses is at large, then he can post bail without surrender or without presenting himself to the court.
-The right to bail presupposes that the accused is under legal custody without voluntary surrender, without arrest or detention then the accused may not post bail.
Conditions attached to the grant of bail
The accused must execute an undertaking. An undertaking is a statement, it is a warranty or promise of the accused that he will appear personally before the court whenever required by the rules or the orders of the court.
Trial in absentia means that the accused opted to give his right to be present in the proceedings and participate therein.
Nature of bail proceedings
>a bail proceedings is summary in nature.
>summary - it supposed to be continuous and expeditios.
Purposes of Bail
Before the accused is a judge guilty of the crime charge then he has the right to
secure temporary release or freedom.
Bail is also to honor the presumption of innocence or enshrined in the constitution
To enable him to prepare his defense without being subjected to punishment prior to
conviction.
Forms of Bail
Corporate surety/Bail bond Advantages of corporate surety - the accused will not pay the entire amount of the bail or the recommended amount of bail instead the accused will only pay a premium and the premium is only a small percentage of the total amount of bail.
Property Bond Lien - it is an incumbent or a burden
Cash deposit/Cash bond - it is deposited by the accused himself or on person acting in his behalf Recognizance - there is no property, cash or money which is being brought of paid to the court instead
a recognizance, this is the undertaking of a credible person or as a custodian. The temporary release of the accused will be entrusted to a credible person who has no interest in the case. In case that the court requires the presence of the accused, the custodian will have to bring the person of the accused to attend the hearing but it does not apply to all kinds of offenses, and allowed only for light offense.
Where do you filed bail
1. You can post bail in the court where the case is pending
2. In any RTC, MTC in case of absence of unavailability of the judge
3. If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested.
4. But if the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held arrested.
Laws on Juveniles in conflict with the law
with respect to bail of non-capital offenses Where a child is detained, the
court shall order the:
a. Release of the minor on cognizance
b. Release of the child in conflict with the law on bail or
c. Transfer of a minor to a youth detention home/youth rehabilitation center.
There is automatic cancellation of bail when there is acquittal of the accused, dismissal of the accused, and execution of judgment of conviction.
Renz Noreal Palomares 3C4.
Noted:
Rule 114- Bail
It is 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 prescribed under the rules.
The right to bail is constitutional rights which flows from the presumption of innocence in favor of every accused who should not be subjected to the loss of freedom.
Thus the right to bail only accrues when a person is arrested or deprived of his liberty tge right yo bail presupposes that the accused is under legal custody.
All kinds of bail are subject to the following Conditions.
* Undertaking shall be effective upon approval, and unless cancelled shall remain in form at all stages of the case until promulgation of the judgement of the Regional trial court, irrespective of whether the case was originally filled in or appealed to it.
* The accused shall appear before the proper court whenever required by the court bor these rules.
* 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 threat. In such case the trial may proceed in absentia and
* The bondsman shall surrender the accused to the court for thw final execution.
NOTE. The original papers shall state the full name and address of the accused, tge amount of the undertaking and the Conditions required by this section.
Photographs ( passport size ) taken within the last 6 months showing the face left and right profiles of the accused must be attached to the bail.
Liability of surety or bondsman
* It is inherently civil in nature, the liability ofbthe bondsman or the bail bond arises not from the violation of or an obligation to comply with a penal provision of law.
* It is emerges instead from a contract the bond subscribed jointly by the accused and surely or bondsman.
The hearing of an application for bail should be summary or otherwise in the discretion of court.
To relieve an accused from the rigors of imprisonment until his conviction and yet secure his appearance at the trial.
To honor the presumption of innocence until his guilt is proven beyond reasonable doubt.
To enable him to prepare hid defense without being subjected to punishment prior to conviction.
Forms of bonds
* Corporate surety/ bail bond
* Property bond
* Cash deposit/ cash bond
* Recognizance
Where filed bail
In the court where the case is pending.
In the absence or unavailability of the judge thereof, with any RTC judge, MTC judge or MCTC judge in the Province, city, or municipality.
NOTE. when bail is filed with a court other than whre the case is pending tge judge who accepted the bail shall forward it, together with the order or release and other supporting papers, to tge court where the case is pending.
If the accused is arrested in a Province, City, or municipality other than where tge case is pending, bail may also be filed with any RTC of said place, or if no judge thereof is available with any MTC judge, MCTC therein or
Any person in custody who is not yet charge in court may apply for bail with any court in the Province, City or municipality where he is held.
Bianzon, Edmon M.
3C2
In this video lecture I've learned that bail is the security given for the release of a person in the custody of law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions prescribed under the rules (Section 1, Article 114). According to Section 1, Rule 114 that person who is posting a bail is in the custody of law. In the custody of law means that the person posting bail, it's either in detention with the police detention cells or detention centers or the jails or when the accused voluntarily surrender in the court.
Requirements before the accused can post a bail there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender. Rule 114 Section 1 requires that a person posting a bail must be first in the custody of the law.
Forms of Bail
- most common place is Cash Deposit/Cash Bond
- Corporate Surety/ Bail Bond
- Property Bond
- Recognizance
If the accused is arrest at the province, city or municipality other than where the case is pending where filed
- case is pending
- In RTC, MTC therein
- Accuse is arrested
When a person lawfully arrested without a warrant ask for the preliminary investigation before the complain
Law on Juvenile in conflict with the Law with respect to bail of non-capital offenses
- release of a minor or recognizance to his/her parents and other suitable persons
- release of the child in conflict
If the minor is furnish bail committed to the care of DSWD or rehabilitation center upon recommendation of DSWD
Thank you sir
FAJANILAN, KRISTEL ANNE C.
3C1
Thank you Sir, this is the summary of what I've learned:
Bail is the security given for tbe release of a person in the custody of law, furnished by him or a bondsma, to gurantee his appearance before any court as required under the conditions presdribed under the rules.
According to Section 1, Rule 114 that person who is posting a bail is in the custody of law.
In the custody of law means that the person posting bail, it's either in detention with the police detention cells or detention centers or the jails or when the accused voluntarily surrender in court.
One of the requirements before the accused can post a bail there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender.
Rule 114 Section 1 requires that a person posting a bail must be first in the custody of the law. A person who is not in the custody of the law may not post bail because if you are not in thr custody of the law then there is no reason for you to secure you temporary release.
A bail can be furnished by the person seeking release himself or bondsman or a third person.
Three instances wherein the accused personal appearance is required
1. During arraignment when the accused is presented before the court and the information is read to him the personal appearance of the accused is required.
2. During identification - the witness for the prosecution will have to point out the person of the accused.
3. During promulgation of judgment
Basis of the right to bail
•whenever a person or an accused post bail that right belonging ti him is enshrined under the constitution.
•constitutional right enshrined in the constitution is called presumption of innocence.
•Presumption of Innocence means that every person is presumed innocent until proven otherwise.
•if the accuses is at large, then he can post bail without surrender or without presenting himself to the court. (At large - did not voluntarily surrender to the court or he was not arrested.
•The right to bail presupposes that the accused is under legal custody without voluntary surrender, without arrest or detention then the accused may not post bail.
Conditions attached to the grant of bail
•The accused must execute an undertaking. An undertaking is a statement, it is a warranty or promise of the accused that he will appear personally before the court whenever required by the rules or the orders of the court.
•Trial in absentia means that the accused opted to give his right to be presebt in the proceedings and participate therein.
Liability of the surety or bondsmen is civil in nature. A surety bond is where a third person will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsmen will have to pat the amount of the cash bond.
If the offense is bailable then you will see in the resolution or the information the recommended bail by the public prosecutor. If the offense is non-bailable in nature, then can the accused post bail. The remedy of the accused is to file a petitio for bail before the court hears or tries his case.
Nature of bail proceedings
• a bail proceedings is summary in nature.
• summary - it supposed to be continuous and expeditios.
Purposes of Bail
• Before the accused is a judge guilty of the crime charge then he has the right to secure tenporary release or freedom.
• Bail is also to honor the presumption of innocence or enshrined in the constitution
• To enable him to prepare his defense without being subjected to punishment prior to conviction.
Forms of Bail
•Corporate surety/Bail bond
Advantages of corporate surety - the accused will not pay the entire amount of the bail or the recommended amount of bail instead the accused will only pay a premium and the premium is only a small percentage of the total amount of bail.
•Property Bond
Lien - it is an incumbent or a burden
•Cash deposit/Cash bond - it is deposited by the accused himseld or on person acting in his behalf
•Recognizance - there is no property, cash or money which is being brought ot paid to the court instaed a recognizance, this is the undertaking of a credible person or as a custodian.
- The temporary release of the accused will be entrusted oto a credible person who has no interest in the case. In case that the court requires the presence of the accused, the custoduan will have to bring the person of the accysed to attend the hearing but it does not apply to all kinds of offenses, and allowed only for light offense.
Where do you filed bail
1. You can post bail in the court where the case is pending
2. In any RTC, MTC in case of absence of unavailability of the judge
3. If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested.
4. But if the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held arrested.
Laws on Juveniles in conflict with the law with respect to bail of non-capital offenses
Where a child is detained, the court shall order the:
a. Release of the minor on cognizance
b. Release of the child in conflict with the law on bail or
c. Transfer of a minor to a youth detention home/youth rehabilitation center.
If the minor is unable to post bail then he can committed to the care of the DSWD or a local rehabilitation center or upon recommendation of the DSWD.
Court Martial Offenses
• If a military person has been accused of war crimes or violation of the articles of war then he does not enjoy the right to post bail.
Filing of bail after a final judgement
•As a general rule, bail may not be filed once there is already a final judgement except even after the conviction of the MTC, bail is still a matter of right.
Duties of the trial judge if an application for bail is filed
•The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution. If the evidence of guilt is not strong, then the court will have to allow the accused to post bail.
Party with the burden of proof in ball applications
•If the accused filed petition for bail, the prosecution has the burden to prove that the evidence of guilt is strong. Prosecution is the first one who present in bail hearing because he has the burden of proof.
Effect of a grant of bail
•If a bail is granted, the accused shall be released upon approval of the bail by the judge.
Bail when not required
•Bail is not required for violation of an ordinance, light felony or criminal offense with an imposable penalty not exceeding 6 months of imprisonment and/or Php2,000 fine.
When accused does not have the financial ability to post bail initially fixed by the court
•The accused can file motion to reduce bail but he must submit documents and affidavits that may warrant his claim for reduction.
Done watching sir! AVERION, DIANNE D. 3C4
In this video recorded lecture, I've learned that Bail is a release of a person it is a security posted by the accused to secure his release or temporary release of a person. In custody of a law means that a person posting bail is either in detention centers or where the accused voluntarily surrender at the court. that a person is set to be in custody of the law.
-There must be a certificate of detention to be issued by the PNP, this requirements mention because rule 114 requires that a person must be in custody of law to secure the temporary release
-by the person or bondsman
3 instances were in the accused personal appearance is required
1. during arraignment
2. during identification
3. during promulgation of judgement
-The right to bail is a constitutional rights
-presumption of innocence any person presumed innocence unti proven either wise
The liability of the surety or bondsman is civil in nature
NATURE
-nature of bail proceedings
-a bail procedure is summary
FORMS OF BAIL
•Bail Bond
•Property Bond
•Cash Deposit/Cash Bond- if the accused does not appea
•Recognizance- disinterested person with high credibility. this allowed light felonies only.
If the accused is arrest at the provinve, city or municipality other than where the case is pending where filed
1. case is pending
2. In RTC, MTC therein
3. Accuse is arrested
When a person lawfully arrested without a warrant ask for the preliminary investigation before the complain
-Law on Juvinile in conflict with the Law with respect to bail of non-capital offenses
a. release of a minor or recognizance to his/her parents and other suistable persons
b. release of the child in conflict
If the minor is furnish bail committed to the care of DSWD or rehabilitation center upon recommendation of DSWD
GENERAL RULE: Bail may not be fuled once there is already final judgement
ILAGAN, WILLIAM M. 3C3
Thank you for for this topic in rule 114.
Bail
A security is a bond posted by the defendant to obtain or secure his release or the temporary release of his people. In custody means that the person posting the bond is being held with the police in a cell or prison, or when the defendant voluntarily goes to court. In both cases: when a person is arrested and detained by the police and when the accused voluntarily surrenders his person to the jurisdiction of the court, this person is said to be in police custody. One of the conditions before the accused can post; must have a detention certificate issued by the PNP or a certificate of voluntary surrender.
Section 1 Rule 114 requires that a person posting a bond first be subject to legal scrutiny. A person who is not detained by law cannot sign up because if you are not detained by law there is no reason for you to be temporarily released; you are not bound by or towards yourself at all.
There are two types of warranties: It can be provided by the release requester or by a third party. Three cases require the personal appearance of the accuser (1) the arrangement - at the placement, when the defendant is brought before the court and panel and the information is read to him, then The personal appearance of the accused is required. (2) When determining, the prosecution witness must designate the defendant's person, and (3) when issuing the sentence.
If a person is released on bail, they are required to appear in these cases because court regulations require a person's personal appearance on bail.
Basis of the right to Bail
The right to bail is a constitutional right derived from the presumption of innocence in favor of any defendant not deprived of liberty. Therefore, the right to bail only exists when a person is arrested or deprived of liberty. The right to bail presupposes that the accused is in lawful custody.
Condition attached to the grant of bail
An undertaking is a statement, guarantee or promise by the defendant that he will appear in person whenever required by regulation or court order. Example: Defendant failed to appear at trial without justification and, despite giving notice, the consequences were deemed to be a waiver of his right to be present and the trial could therefore take place in ABSENTIA . Absentee trial means that the defendant chooses to delegate his/her right to appear and participate in the proceedings.
Liability of the surety or bondsmen
Example: Defendant did not have enough financial resources to pay the bond in cash. A bond will guarantee the release of the accused, provided that if the defendant does not appear, the guarantor or the guarantor will have to pay the bond in cash.
Purposes of bail
Before being charged with a crime by the judge, he is then entitled to provisional release or release. It appears that while the case is pending and the accused is in custody, it appears that he is being punished for a crime for which he has not been convicted. In order for the accused to prepare his defense, he may use his bail registration right.
Forms of bail
Corporate surety or bail bond
The defendant is considered a certified liaison company and pays a service premium. The advantage will not pay the total amount of the defendant of the deposit. The defendant pays a bonus and a small percentage of the total amount of the deposit. The corporate guarantor also applies to defendants if the financial capacity to publish cash credits.
If this does not blame the deposit, the binding will be canceled if you jump hearing, but the defendant published the deposit will be sufficiently disabled to find the defendant material posted on the jump deposit later. If a liaison company can not find the defendant, the Tribunal will annul the deposit and will issue the arrest warrant.
Property bond
The annotation means that the guarantee will be registered or annotated on the back of the title before the registration of the deed if the property is registered.
Cash deposit or cash bond
The common is cash deposit for cash bond.
Recognizance
In the affidavit, no property, money or security was brought to court or paid to the court. It is the commitment of a trusted person or custodian. The temporary release of the accused will be entrusted to trusted people who have no interest in the case. In case the court requires the defendant to be present, the housekeeper must bring the defendant's person to the court hearing. But the pledge does not apply to all crimes. It is only available for misdemeanors.
When a matter of right; Exceptions when a matter of discretion
- Bail as a matter of right
- Before or after conviction by the MeTC and MTC, and;
- Before conviction by the RTC of an offense not punishable by death, reclusion Perpetua or life imprisonment Sec 4;
- Before the final conviction by all children in conflict with the law for an offense not punishable by reclusion Perpetua or life imprisonment.
Bail as a matter of discretion
Upon conviction by the RTC of an offense not punishable by death, reclusion Perpetua or life imprisonment. Regardless of the stage of the criminal prosecution, a person charged with a capital offense, or an offense punishable by reclusion Perpetua or life imprisonment, when evidence of guilt is not strong Sec 7.
A child in conflict with the law charged with an offense punishable by death, reclusion Perpetua or life imprisonment when evidence of guilt is not strong.
Instances when there is automatic cancellation of bail
Acquittal of the accused
Dismissal of the case and;
Execution of judgment of conviction. SEC 22 Rule 114.
RULE 114-BAIL
BAIL - is the security given for the release of a person in the custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions prescribed under the rules.
Meaning to say, it is the accused guarantee for his/her temporary release.
In able for the accused to post a bail, he must possessed a certificate of detention or even certificate of voluntary surrender issued by the PNP.
BASIS OF THE RIGHT TO BAIL
CONSTITUTIONAL RIGHTS - it only means that he will remain innocent until the court has proven his guilt.
So there are 3 instances (as stated in RULES OF CRIMINAL PROCEDURE) where the personal appearance of the accused is required:
a. During arraignment;
b. During identification; and
c. During promulgation
CONDITIONS ATTACHED TO THE GRANT OF BAIL
1. The accused shall appear before the proper court whenever required by the court or the rules.
2. Trial may proceed even without the presence of the accused, that is called trial in absentia.
FORMS OF BAIL
Corporate Surety/Bail Bond - The accused will not pay the total amount of the bail, instead, he will only pay the premium amount of it.
Property Bond -posting bail using properties such as home, car, business and alike.
Cash bond -in this kind of bail, the accused will pay its total amount using cash.
Recognizance-the accused will not the pay bail.He will just make a written promise that he will appear in court whenever it is required.
WHERE TO FILE?
1. In the court where the case is pending
2. In any RTC, MTC in case of absence of unavailability of the judge
3.. With any RTC or MTC where the accused was arrested.
BAIL AS A MATTER OF RIGHT - it is indeed true that even the accused person still have rights for his own and the purpose of this bail is to allow that person to freely exercise it.
WHEN DOES BAIL SHALL NOT BE REQUIRED?
When the offense charged is for violation of an ordinance, a light, or a criminal offense, the imposable penalty of which does not exceed 6 months imprisonment and or Php 2,000.00 fines, under circumstances provided under RA 6036.
Thank you po , Atty.
SABONG, ROVILYN M.
3C3
TUBOG, MARIEL ANNE O.
3C2
In this particular lesson, I have learned about the bail, though it was already mentioned in my previous subjects, this enhance my knowledge regarding bail which refers to the security given for the release of a person in custody of the law, furnished by him or bondsman, to guarantee his appearance before any court as required under the conditiona prescribed under section 1, rule 114. Thus, there must be a certificate of detention to be issued by the PNP as a requirement if you want to bail or a certificate of voluntary surrender.
Also, I have learned the three instances where the personal appearance of the accused is required: during arraignment; during identification; and during promulgation.
Moreover, I knew the nature of bail proceedings which says that the hearing of an application for bail should be summarized and otherwise in the discretion of the court as well as the different forms of bail such as corporate surety/bail bond; property bond; cash bond or cash deposit; and recognizance.
Lastly, I have learned the things to consider in fixing appropriate bail such as the financial ability of the accused to give bail; nature and circumstances of the offense; penalty for the offense charged; character and reputation of the accused; age and health of the accused; weight of the evidence against the accused; probability of tge accused appearing in trial; forfeiture of other bonds; facts that the accused was a fugitive from justice when arrested; and pendency of the cases in which the accused is under the bond.
These are all the knowledge I have gained in this lesson. Thank you sir and Godbless!
...Tnanks a lot
God Bless po 🥰
DE LUNA JR., DOMINADOR A.
3C4
Thank you Sir, this is the summary of what I've learned regarding bail:
Defining bail, basically it refers to the security given for tbe release of a person in the custody of law, furnished by him or a bondsma, to gurantee his appearance before any court as required under the conditions presdribed under the rules.
According to Section 1 of Rule 114 that person who is posting a bail is in the custody of law.
In custody of law means that the person posting bail, it's either in detention with the police detention cells or detention centers or the jails or when the accused voluntarily surrender in court.
One of the requirements before the accused can post a bail there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender.
According to the Rule 114 Section 1 requires that a person posting a bail must be first in the custody of the law. A person who is not in the custody of the law may not post bail because if you are not in thr custody of the law then there is no reason for you to secure you temporary release.
A bail can be furnished by the person seeking release himself or bondsman or a third person.
Three instances wherein the accused personal appearance is required
1. During arraignment when the accused is presented before the court and the information is read to him the personal appearance of the accused is required.
2. During identification - the witness for the prosecution will have to point out the person of the accused.
3. During promulgation of judgment
Basis of the right to bail
•whenever a person or an accused post bail that right belonging ti him is enshrined under the constitution.
•constitutional right enshrined in the constitution is called presumption of innocence.
•Presumption of Innocence means that every person is presumed innocent until proven otherwise.
•if the accuses is at large, then he can post bail without surrender or without presenting himself to the court. (At large - did not voluntarily surrender to the court or he was not arrested.
•The right to bail presupposes that the accused is under legal custody without voluntary surrender, without arrest or detention then the accused may not post bail.
Conditions attached to the grant of bail
•The accused must execute an undertaking. An undertaking is a statement, it is a warranty or promise of the accused that he will appear personally before the court whenever required by the rules or the orders of the court.
•Trial in absentia means that the accused opted to give his right to be presebt in the proceedings and participate therein.
Furthermore, the liability of the surety or bondsmen is civil in nature. A surety bond is where a third person will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsmen will have to pat the amount of the cash bond.
In addition, If the offense is bailable then you will see in the resolution or the information the recommended bail by the public prosecutor. If the offense is non-bailable in nature, then can the accused post bail. The remedy of the accused is to file a petitio for bail before the court hears or tries his case.
Nature of bail proceedings
• a bail proceedings is summary in nature.
• summary - it supposed to be continuous and expeditios.
Purposes of Bail
• Before the accused is a judge guilty of the crime charge then he has the right to secure tenporary release or freedom.
• Bail is also to honor the presumption of innocence or enshrined in the constitution
• To enable him to prepare his defense without being subjected to punishment prior to conviction.
Forms of Bail
•Corporate surety/Bail bond
Advantages of corporate surety - the accused will not pay the entire amount of the bail or the recommended amount of bail instead the accused will only pay a premium and the premium is only a small percentage of the total amount of bail.
•Property Bond
Lien - it is an incumbent or a burden
•Cash deposit/Cash bond - it is deposited by the accused himseld or on person acting in his behalf
•Recognizance - there is no property, cash or money which is being brought ot paid to the court instaed a recognizance, this is the undertaking of a credible person or as a custodian.
- The temporary release of the accused will be entrusted oto a credible person who has no interest in the case. In case that the court requires the presence of the accused, the custoduan will have to bring the person of the accysed to attend the hearing but it does not apply to all kinds of offenses, and allowed only for light offense.
Where do you filed bail
1. You can post bail in the court where the case is pending
2. In any RTC, MTC in case of absence of unavailability of the judge
3. If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested.
4. But if the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held arrested.
Laws on Juveniles in conflict with the law with respect to bail of non-capital offenses
Where a child is detained, the court shall order the:
a. Release of the minor on cognizance
b. Release of the child in conflict with the law on bail or
c. Transfer of a minor to a youth detention home/youth rehabilitation center.
Take note that If the minor is unable to post bail then he can committed to the care of the DSWD or a local rehabilitation center or upon recommendation of the DSWD.
Court Martial Offenses
• If a military person has been accused of war crimes or violation of the articles of war then he does not enjoy the right to post bail.
Filing of bail after a final judgement
•As a general rule, bail may not be filed once there is already a final judgement except even after the conviction of the MTC, bail is still a matter of right.
Duties of the trial judge if an application for bail is filed
•The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution. If the evidence of guilt is not strong, then the court will have to allow the accused to post bail.
Party with the burden of proof in ball applications
•If the accused filed petition for bail, the prosecution has the burden to prove that the evidence of guilt is strong. Prosecution is the first one who present in bail hearing because he has the burden of proof.
Effect of a grant of bail
•If a bail is granted, the accused shall be released upon approval of the bail by the judge.
Bail when not required
•Bail is not required for violation of an ordinance, light felony or criminal offense with an imposable penalty not exceeding 6 months of imprisonment and/or Php2,000 fine.
Take note that when the accused does not have the financial ability to post bail initially fixed by the court:
-The accused can file motion to reduce bail but he must submit documents and affidavits that may warrant his claim for reduction.
DEL MUNDO, SHAINA D.
3C4
This is the summary of what I've learned:
Regarding Rule 114 Bail is a security given for the release of a person in custody of the law, furnished by him or a bund's men to guarantee his appearance before any court as required under the conditions prescribed under the rules now based on the definition of bail is a security, it is a security for what purpose that security posted by the accused is to secure or guarantee his release. According to section 1 or rule 114, the person posting bail is in custody of the law. What do you mean by custody of the law? Custody of the law means that the person posting bail is either in detention with the police detention cells, detention centers, or jails, or when the accused voluntarily surrenders the court. When a person is arrested and held by police, and the accused voluntarily surrenders his or her person to the court's authority, that person is said to be in custody of the law.
PASTRANA, KATRINE L.
3C2
BAIL (RULE 114)
- It is the security given for the release of a person in custody of the law furnished by him or a bondsmen to guarantee his appearance before any court as required under the conditions prescribed under the rules.
- To secure or guarantee the release of the accused whether it is temporary or no.
- “The person who is posting a bill is in the custody of the law” this means that the person posting the bail is either in detention (with the police detention cells or detention centers) or the jails or when the accused voluntarily surrendered in the court.
TWO INSTANCES:
1. When a person is arrested and detained by police authorities; and
2. When the accused voluntarily surrenders to the authority of the court.
REQUIREMENTS BEFORE THE ACCUSED CAN POST A BILL:
- There must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender.
- REASON: That a person posting a bill must first be in the custody of the law so that there is no reason for you to secure your temporary release; or you’re not in any way restrained by or to your person.
TWO KINDS OF BAIL:
1. It can be furnished by the person seeking to release himself; or
2. A bondsman or a third person.
• The posting of a bail is with the end view that the appearance of the accused will be guaranteed with the court as may be required under the rules of court and as may be ordered by the court.
THREE INSTANCES WHERE IN THE ACCUSED PERSONAL APPEARANCE IS REQUIRED:
1. During arraignment- when the accused is presented before the court and the information is read to him, the personal appearance of the accused is required.
2. During identification- the witness for the prosecution will have to point out to the person of the accused.
3. During promulgation of judgment
NOTE: Under these three circumstances, the personal appearance of the accused is required and therefore if a person is released on bail then he is required to appear in court demand.
BASIS OF THE RIGHT OF THE ACCUSED:
1. To post bail where is this right coming from the right to bail is a constitutional right which flows from the presumption of innocence in favor of the accused who should not be subjected to the loss of freedom.
- Whenever a person or an accused post bail that right belonging to him is enshrined under the constitution)
CONSTITUTIONAL RIGHT- The right is called the presumption of innocence.
PRESUMPTION OF INNOCENCE- every person is presumed innocent until proven guilty.
2. The right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that accused is under legal custody.
- Example: that if in if the accused is at large (did not voluntarily surrender to the court or he was not arrested) when he uses representative the right to bail presupposes that the accused may not post bail.
If a person has successfully granted bail there are conditions that he or she must undertake, the conditions attached to the grant of bail are the following:
1. There must be an undertaking
- Remain informed at all stages of the case until promulgation of the judgment of the regional trial court.
-
2. That the accused shall appear before the court whenever required by the court
- Failed to appear at the trial without justification appear on the part of the accused and shall be deemed as a waiver of his right to be present. Therefore, the trial may proceed in absentia (accused is opted to give his right to be present in the proceedings and participate there in now the advancement shall surrender the accused of the court from exit for execution of the final judgment).
LIABILITY OF THE SURETY OT BONDSMEN:
- This is civil in nature which consists of payment in a sum of money that emerges from a contract.
SURETY OR BONDSMEN- a third person that will guarantee the release of the accused on the condition that if the accused fails to appear then they will have to pay the amount of the cash.
CAN THE ACCUSED FILE A POST BAIL EVEN IF THAT OFFENSE THAT HE ALLEGEDLY COMMITTED IS NON-BAILABLE?
- Yes, a petition for bail before the court that hears or tries his case
NATURE OF BAIL PROCEEDINGS
- The hearing of an application for bail should be summary or otherwise in the discretion of the court.
SUMMARY- it must be expeditious or it is supposed to be continuous that will not allow several postponements.
PURPOSES OF BAIL
1. To relieve an accused from rigors of imprisonment until his conviction and yet secure his appearance at the trial.
2. To honor the presumption of innocence until his guilt is proven beyond reasonable doubt.
3. To enable the accused to prepare his defense without being subjected to punishment prior to conviction.
FORMS OF BAIL
1. CORPORATE SURETY OR BAIL BOND
- Obligation under seal given by the accused with one or more sureties and made payable to the proper officer with the condition to be void upon performance by the accused of such acts as he may be legally required to perform.
- The accused goes to an authorized bonding company and he will pay a premium for the service which is the percentage of the total amount of bail.
- If the accused jumps bail or he if he skips hearing despite notice then the bond will be cancelled and then the bonding company will be given sufficient time to locate the whereabouts of the accused who posted bail but later on jumps bail.
2. PROPERTY BOND
- The title of the property will be used as security for the provisional liberty of the accused which shall constitute a lien (incumbent or a burden) over the property; and
- The accused shall cause the annotation of the lien within 10 days after the approval of the bond before the:
• REGISTRY OF DEEDS (if the property is registered); or
• REGISTRATION OF BOOKS IN THE REGISTRY OF DEEDS of the place where the land lies and before the provincial, city or municipal assessor on the corresponding tax declaration (if the property is not registered)
3. CASH DEPOSIT OR CASH BOND
- If the accused does not appear when required by the court or by the rules then the whole amount of the cash bond will be forfeited in favor of the government and that the accused will now be arrested.
4. RECOGNIZANCE
- Is an obligation of record entered into before some court or magistrate duly authorized to take it with the condition to do some particular act.
- It is an undertaking of a disinterested person with high credibility wherein he will execute an affidavit of recognizance to the effect that when the presence of the accused is required in court the custodian will bring him to that court.
- The temporary release of the accused will be entrusted to a credible person who has no interest in the case.
WHERE DO YOU FILE YOUR BAIL?
1. You can file it in the court where the case is pending.
- (Can you file a bill to another court? Yes, you can file it in the RTC or the MTC)
2. In the absence or unavailability of the judge thereof, the accused can post bail before the RTC Judge, MTC Judge, MCTC Judge, Judge in the Province, City or Municipality.
NOTE: When bail is filed with a court other than where the case is pending, the judge who have accepted the bail shall forward it to the court where the case is pending.
3. The accused is arrested in a Province, City or Municipality other than worthy cases pending then bail may also be filed with any RTC, MTC or MCTC of said place.
4. If the accused or a person in custody has not yet been charged in court then he can apply for bail in any court in the province city or municipality where he is held.
OTHER INSTANCES WHEN BAIL MAY BE AVAILED OF:
1. When a person is lawfully arrested without a warrant ask for a preliminary investigation then he may apply for bail.
2. The court may require witness to post bail if the material witness and bail is need to secure his appearance.
LAWS ON JUVENILE IN CONFLICT WITH THE LAW WITH RESPECT TO BAIL OF NON-CAPITA OFFENSES:
Where a child is detained the court shall order the:
1. Release of the minor on recognizance to his parents or any other suitable persons;
2. Release of a child in conflict with the law on bail; or
3. Transfer of the minor to a youthful detention home or youth rehabilitation center.
NOTE: If a minor is unable to furnished bail then he can be committed to the care of the DSWD or a local rehabilitation center or upon recommendation of the DSWD.
COURT MARTIAL OFFENSES:
- If a military person has been accused of war crimes or violation of the articles of war then he does not have to enjoy the right to post bail.
GENERAL RULE: Bail may not be filed once there is already a final judgment.
EXCEPTION: Even after conviction by the MTC bail is still a matter of right.
NOTE: If such finality, the accused applies for probation, he may be allowed temporary liberty under his bail.
- In no case, bail be allowed after the accused has commenced to serve sentence.
BAIL AS A MATTER OF RIGHT:
- Before or after conviction by the METC and MTC.
- Before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment.
- Before final conviction by all children in conflict with the law for an offense not punishable by reclusion perpetua or life imprisonment.
BAIL AS A MATTER OF DISCRETION:
- Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment;
- Regardless of the stage of the criminal prosecution a person charged with the capital offense punishable by reclusion perpetua or life imprisonment, when evidence of guilt is not strong.
PARTY WHO HAS THE BURDEN OF PROOF IN BAIL APPLICATIONS:
- The prosecution has the burden of showing that the evidence of guilt is strong at the hearing of an application for bail.
EFFECT OF GRANT OF BAIL:
- The accused shall be released upon approval of the bail by the judge.
REMEDY OF THE ACCUSED WHEN BAIL IS DENIED BY THE TRIAL COURT:
- File a petition for certiorari
BAIL WHEN NOT REQUIRED:
- Bail is not required for violation of an ordinance, light felony or criminal offense with an impossible penalty not exceeding six months of imprisonment.
Good afternoon po sir! Based on what I learned and what I heard on the discussion it is all about Bail Rule 114 of Criminal Procedure. BAIL- RULE 114- A security given for the release of a person in custody of the law, furnished by him or bondsman, to guarantee his appearance before any court as required under the conditions prescribed under this rule. Good evening po sir! Based on what I learned and what I heard on the discussion it is all about Bail Rule 114 of Criminal Procedure. BAIL- RULE 114- A security given for the release of a person in custody of the law, furnished by him or bondsman, to guarantee his appearance before any court as required under the conditions prescribed under this rule.
- whenever an accused post bail that right belonging to him is enshrined under the constitution the right is called presumption of innocence, it is every person is presumed innocent until proven guilty. - the right to bail presupposes that the accused is under legal custody without voluntary surrender then the accused may not post bail.
Conditions attached to the Grant of Bail - the accused must undergo an undertaking in which an undertaking is a statement it is a warranty or promise of the accused that he will appear personally before the court. - failure to appear on the part of the accused shall be deemed as the waiver of his right to be present there at and therefore the trial may proceed in absentia.
Forms of Bail
- most common place is Cash Deposit/Cash Bond
- Corporate Surety/ Bail Bond
- Property Bond
- Recognizance
Where to Filed - you can only file the bail-in that court where the case is pending, you can file it in RTC or the MTC or in MCTC.
Bail as a matter of RIght - before or after conviction by the MeTC and MTC, before conviction by the RTC of an offense not punishable by Reclusion Perpetua, or death, before final conviction by all children in conflict with the law.
Bail as a matter of Discretion
- upon conviction by the RTC of an offense not punishable by death, or reclusion perpetual
- a person charged with a capital offense, or an offense punishable by reclusion perpetual or life imprisonment, when evidence of guilt is not strong.
JAVIER, KAYCE R.
3C1
Good day Sir! Thank you for the lesson of the day.
This comment will be served as my summary in this video-recorded lecture.
Under rule 114. Bail is the security given for the release of a person in the custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions prescribed under the rules. According to Section 1, Rule 114, that person who is posting bail is in the custody of the law.
The basis of the right to bail is that the right to bail is a constitutional right that flows from the presumption of innocence in favor of every accused who should not be subjected to the loss of freedom. Thus the right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that the accused is under legal custody.
In the conditions attached to the grant of bail, the undertaking shall be effective upon approval and unless shall remain in the form at all stages of the case until the promulgation of the judgment of RT, and the accused shall appear before the proper court whenever required by the court or those rules.
The Liability of the surety or bondsmen is civil in nature is that s surety bond is where a third person will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsmen will have to pay the amount of the cash bond. If the offense is bailable, you will see in the resolution or the information the recommended bail by the public prosecutor. If the offense is nonbailable in nature then can the accused post bail. The remedy of the accused is to file a petition for bail before the court hears or tries his case.
There are forms of bail which are the:
Corporate surety/Bail bond Advantages of corporate surety - accused will not pay the entire amount of the bail or the recommended amount of bail instead the accused will only pay a premium and the premium is only a small percentage of the total amount of bail.
Property Bond Lien - an incumbent or a burden.
Cash deposit/Cash bond - deposited by the accused himself or on the person acting on his behalf
Recognizance - there is no property, cash, or money that is being brought to pay to the court instead of a recognizance, and this is the undertaking of a credible person or as a custodian.
The bail is filed in the court where the case is pending. In any RTC, MTC in case of absence or unavailability of the judge. If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested. But if the accused has been arrested but there is no charge yet in court, it can be filed in any court in the province, city, or municipality where he is held. Other instances when bail may be availed of. When a person lawfully arrested without a warrant asks for a preliminary investigation before the complainant or information is filed in court.
In bail as a matter of discretion, upon conviction by the RTC of an offense not punishable by death, Reclusion Perpetua or life imprisonment and regardless of the stage of the criminal prosecution, a person charged with a capital offense, or an offense punishable by Reclusion Perpetua or life imprisonment when evidence of guilt is not strong.
Laws on Juveniles in conflict with the law concerning bail of non-capital offenses Where a child is detained, the court shall order the: (a) Release of the minor on cognizance (b) Release of the child in conflict with the law on bail or (c) Transfer of a minor to a youth detention home/youth rehabilitation center.
Court martial offenses - An accused military personnel triable by courts martial or those charged with a violation of the Articles of war does not enjoy the right to bail.
The Effect of a grant of bail is that if bail is granted, the accused shall be released upon approval of the bail by the judge.
When charged does not have the budgetary capacity to post safeguard at first settled by the court. The blamed can record movement to decrease safeguard but he must yield records and sworn statements that will warrant his claim for decrease.
CALONGCALONG, CRISTIANTIE MARIE L. 3C3
Good Day!
I have learned from this lesson are the following
BAIL
According to Section 1 of Rule 114, 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. Additionally, on our previous lesson we talked about the meaning and role of bail, as i remembered bail is a temporary release of person with his case before the final conviction of the person, unless he was applied for probation before commencing to serve his sentence.
POSTING BAIL/ CUSTODY OF LAW
It is under detention or the accused is voluntarily surrender his person to the authority of court. They can be post a bail if they have a certificate of detention to be issued by the PNP vice versa to voluntarily surrender because they requires the person must be in custody of law the reason for the security of your temporary release.
THREE INSTANCES
1. During Alignment- person appearance is requires
2. During Identification- must point out the person
3. During Promulgation- personal appearance also.
RIGHT TO BAIL
is a constitutional rights, this right is given to prove his guilty where this right called presumption of innocence. Also it must be under the authority of custody, the right to bail is under legal custody.
The surety or bondsmen's civil liability is that a surety bond is a contract in which a third party guarantees the accused's release on the condition that if the accused fails to appear, the surety or bondsmen must pay the amount of the cash bond. If the offense is bailable, the public prosecutor's suggested bond will be listed in the decision or information.
Bail can take the following forms:
Surety/bail bond for corporations Advantages of corporate surety- the accused will not have to pay the entire bail amount or the suggested bail amount; instead, the accused will only have to pay a premium, which is a tiny proportion of the overall bail amount.
Property Bond- An incumbent or a burden is referred to as a lien.
Cash deposit/ Cash Bond- deposit made by the accused or a person acting on his behalf
Recognizance- There is no property, cash, or money brought to court in lieu of a recognizance, and this is the undertaking of a credible person or as a custodian.
The bail is posted in the court where the case is being heard. In the absence or incapacity of the judge, any RTC or MTC may be convened. If the accused is arrested, a complaint can be filed with any RTC in the area where he was arrested or any MTC where he was arrested. However, if the accused has been arrested but no charge has been filed, it can be filed in any court in the province, city, or municipality where he is being held. Other situations in which bail may be granted When a person who has been lawfully arrested without a warrant requests a preliminary investigation before filing a complaint or information in court.
Juvenile laws that conflict with the law governing bail for non-capital offenses When a child is detained, the court must order:
(a) the minor's release on cognizance; and
(b) the minor's re-arrest.
(c) Bail release of the child in violation of the law; or
(d) Transfer of a minor to a youth detention home/youth rehabilitation center.
Lastly, The effect of granting bail is that if bail is granted, the accused will be released upon the judge's approval of the bail.
THANKYOU PO ATTY! :)
SOLIS, JHESYL L. 3C4
Good day sir.
In this lesson I've learned the
Rule 114 Section 1 that Bail is the security given for the release of a person held by the law, provided by him or a bondsman, to ensure his attendance before any court as needed under the terms hereof mentioned.
Bail is the sum of money that defendants must pay in order to be freed from custody before their case is heard in court. Bail is not the same as a fine. It is not meant to be used as a form of punishment. The objective of bail is to ensure that defendants show up for their trials and any pre-trial hearings that they are required to attend.
Where is the bail? - (a) Bail in the amount set may be lodged with the court where the matter is pending, or, if the judge is unavailable, with any regional trial judge, metropolitan trial judge, municipal trial judge, or municipal circuit trial judge in the province, city, or municipality.
Also there are three instances where the accused personal appearance is required,
1. During arraignment
2. During identification
3. During promulgation
ALMARIO, ARMIE ALECZA A. 3C1 THANK YOU PO ATTORNEY.
Bail is the security supplied for the release of a person in custody of the law, either by him or a bondsman, in order to guarantee his attendance before any court as required by the regulations. According to Section 1 Rule 114, a person who posts bail is in the custody of the law and is either detained in police facilities, cells, or jails, or when the individual voluntarily surrenders in court.
The accused's personal appearance is essential in three situations: during arraignment, during identification, and during promulgation. The right to bail is based on the presumption of innocence, and it only applies when someone is arrested. The undertaking, which is connected to the grant of bail, becomes effective upon approval and must be kept in effect throughout the case until the RT's judgment is issued. The accused must then appear in court when the court or those rules compel it. Failure of the accused to attend at the trial without cause and despite adequate notice is regarded a waiver of his right to be present.
The surety or bondman's liability arises when the matter is intrinsically civil in character and arises from an emergency rather than a contract, and the bond is jointly subscribed by the accused and the surety or bondsman. The nature of bail procedures is when the court decides whether or not to hold a summary hearing on an application for bail. The goal of bail is to protect an accused from the rigors of incarceration while ensuring his appearance at trial, to honour the assumption of innocence until his guilt is proven beyond a reasonable doubt, and to allow him to prepare his case without being punished prior to conviction.
The Advantages of Corporate Surety/Bail Bond include that the accused will not have to pay the entire amount of bail or the suggested amount of bail; instead, the accused will only have to pay a premium, which is a tiny fraction of the whole amount of bail.
Property Bond Lien - it is an incumbent or a burden
Cash deposit/Cash bond - the accused or someone acting on his behalf deposits money.
Recognizance - a recognizance is an undertaking made by a credible person or as a custodian, and it does not include any property, cash, or money being brought or given to the court.
A credible person with no stake in the case will be entrusted with the accused's interim release. If the court orders the appearance of the accused, the custodian must bring the accused's person to the hearing; however, this does not apply to all types of violations and is only permitted for minor infractions.
Bail is filed in:
1. in the court where the case is currently pending; and 2. in the court where the case is now pending.
2. With any RTC judge, MTC judge, or MCTC judge in the province, city, or municipality in the absence or unavailability of the judge thereof.
3. If the accused is apprehended in a province, city, or municipality other than where the matter is pending, bail may be sought from any RTC in that location, or, if no RTC judge is available, from any MTC judge in that location.
4. Anyone in custody who has not yet been charged with a crime may request for bail in any court in the province, city, or municipality where he is being kept.
When the legislation on minors conflicts with the rule on bail for non-capital offenses, the court must order the minor's release or recognizance by his or her parents or another appropriate person. Release on bond of a youngster who has broken the law and placement of the minor in a youth correctional facility or youth rehabilitation facility.
Bail may not be filed until a final judgment has been issued, but it is still a matter of right following a conviction by the MTC.
When military personnel accused of a court martial offense or those charged with a violation of the Articles of War is denied the right to bail, this is known as a court martial offense.
When an accused does not have the financial means to post the bail set by the court, he or she may request that the bond be reduced by producing documents and affidavits that support his claim.
Priority of hearing for motions for education of bail, in which such motions will be heard first in the queue of cases, and the ruling determining the amount of bail will not be appealable.
SUBIJANO, ARLENE V.
BS CRIMINOLOGY -3C3
In this lesson, I've learned that:
RULE 114 - BAIL
Bail - is the security given for the release of a person in custody of the law by him or a bondsman, to guarantee his appearance before any court as required under the conditions prescribed under the rules.
- temporary release of a person
- IN CUSTODY OF THE LAW
- that the person posting bail is either in detention with the police detention cells or detention center or the jails or when the accused voluntarily surrender in the court
Requirements before the accused can post a bail that there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender.
Why these requirements are mentioned among those necessary documents?
- The reason is that Rule 114 section 1 requires that a person posting a bail must first be in the custody of the law.
A person who is not in the custody of the law may not post bail, because if you are not in custody of the law then there is no reason for you to secure your temporary release because not in any way restrained.
Two kinds of bail
1. It can be furnished by the person seeking release himself
2. bondsman or a third person
3 instances where in the accused personal appearance is required
:
1. During arraignment - when the accused presented before the court and the information is read to him the personal appearance of the accused is required
2. During identification
- identification the witness for the prosecution will have to point out to the person of the accused that
3. During promulgation of judgment
Basis of the Right to Bail
- The right to Bail is a constitutional right which flows from the presumption of innocence
-constitutional right enshrined in the constitution that right is called presumption of innocence
- presumption of innocence that means every person is presumed innocent until proven
- The right to Bail only accrues when a person is arrested or deprived of his liberty.
-i.e. if the accused is at large then can he post bail without voluntary surrender or without presenting himself to the court
* At large - he did not voluntarily surrender to the court or he was not arrested.
If the person successfully granted bail are there condition answer must be YES
Conditions attached to the grant of bail
• The undertaking shall be effective upon approval and unless cancelled.
• The accused shall appear before the proper court.
• 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.
Trial in Absentia that means that the accused opted to give his right to be present in the proceedings and participate.
• The bondsman shall surrender the accused to the court.
- The original papers shall state the full name and address of the accused and the house sketch.
- Photographs taken within the last 6 months showing the face, left and right profiles of the accused must be attached to the bail.
Liability of the surety or bondsmen
• It is inherently civil in nature.
• It emerges instead from a contract.
Nature of Bail Proceedings
- The hearing of an application for bail should be summary.
- SUMMARY it must be expeditious and it supposed to be continuous. Meaning not allow several postponements because by nature of bail proceedings.
Purpose of Bail
• To relieve an accused from rigors of imprisonment
• To honor the presumption of innocence
• To enable him to prepare his defense
Forms of Bail
• Corporate surety / bail bond - is an obligation under seal given by the accused
• Property bond - title of the property will be used as security for the provisional liberty of the acvused
• Cash deposit / cash bond - common place
• Recognizance - obligation of record entered into before some court or magistrate.
- Disinterested person with high credibility
- Allowed for light felonies only.
Where filed
1. In court where the case is pending.
2. In the absence or unavailability of the judge thereof with any RTC judge, MTC or MCTC judge in the province, city, or municipality.
3. If the accused is arrested in province, city or municipality
4. Who is not yet charged in court may apply for bail
Court Martial Offenses
- An accused military personnel triable by courts martial or those charges with a violation of the articles of war does not enjoy the right to bail.
Filling of Bail After a Final Judgment
- Bail may not be filed once there is already a final judgment.
Duties of the Trial Judge if an Application for Bail is Filed
- Decide whether the evidence of guilt of the accused is strong
- If the guilt of the accused is not strong, discharge the accused upon the approval of the bailbond.
Party with the Burden of Proof in Bail Application
- The Prosecution who has the burden of showing that evidence of guilt is strong at the hearing of an application for bail.
Effect of a Grant of Bail
- The accused shall be released upon approval of the bail by the judge.
Duty of the Court to Fix Appropriate Bail
1. Financial ability of the accused to give bail
2. Nature and circumstances of the offense
3. Penalty for the offense charged
4. Character and reputation of the accused
5. Age and health of the accused
6. Weight of the evidence against the accused
7. Probability of the accused appearing in trial
8. Forfeiture of other bonds
9. Fact that the accused was a fugitive from justice when arrested
10. Pendency of the cases in which the accused is under the bond
Bail when not required
When the offense charged is for violation of an ordinance, a light, or a criminal offense, the imposable penalty of which does not exceed 6 months imprisonment and or PHP 2 000 fine under circumstances provided under RA 6036.
Thank you po sir
Mea, Katherine Joy 3C2
Good day Atty. In this lesson this is the summary that I have learned, on the topic of bail under rule 114, it says It 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 prescribed under the rules, the basis of the bail is a constitutional right which flows from the presumption of innocence, furthermore, the undertaking shall be effective upon approval, and unless canceled shall remain in the form at all stages of the case until the promulgation of the judgment of the regional trial court, irrespective of whether the case was originally filed in or appealed to it, but 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
On the liability of surety or bondsmen, it explains the bonds arises not from the violation of or an obligation to comply with a penal provision of law, emerges instead from a contract the bond subscribed, and the obligation of the accused on the bond is different from the surety in that the former can be made to suffer a criminal penalty. However, of the nature of bail proceedings, the hearing of an application for bail should be summary or otherwise in the discretion of the court, it will relieve an accused, To honor the presumption of innocence, and To enable him to prepare his defense
These lessons include the four (4) from of bail, these are corporate surety or bail bond, property bond, cash deposit or cash bond, and lastly the recognizance. It 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. However, the duty of the court to fix appropriate bail includes the 10 supporting documents that will submitter to the public prosecutor these are the following:
1. Financial ability of the accused to give bail
2. Nature and circumstances of the offense
3. Penalty for the offense charged
4. Character and reputation of the accused
5. Age and health of the accused.
6. Weight of the evidence against the accused
7. Probability of the accused appearing in the trial
8. Forfeiture of other bonds
9. Fact that the accused was a fugitive from justice when arrested
10. Pendency of the cases in which the accused is under the bond
In these instances when the accused does not have the financial ability to post the bail initially fixed by the court the accused may move for its reduction by submitting documents and affidavits that may warrant his claim for reduction.
I'VE LEARNED THAT THE BAIL IS THE SECURITY GIVEN FOR THE RELEASE OF A PERSON IN CUSTODY OF THE LAW, FURNISHED BY HIM OR A BONDSMAN,TO GUARANTER HIS APPEARANCE BEFORE ANY COURT AS REQUIRED UNDER THE CONDITIONS PRESCRIBED UNDER THE RULES.
BASIS OF THE RIGHT TO BAIL
THE RIGHT TO BAIL IS A CONSTITUTIONAL RIGHT WHICH FLOWS FROM THE PRESUMPTION OF INNOCENCE IN FAVOR OF EVERY ACCUSED WHO SHOULD NOT BE SUBJECTED TO THE LOSS OF THE FREEDOM.
THUS THE RIGHT TO BAIL ONLY ACCRUES WHEN A PERSON IS ARRESTED OR DEPRIVED OF HIS LIBERTY. THE RIGHT TO BAIL PRESUPPOSES THAT THE ACCUSED IS UNDER LEGAL CUSTODY.
CONDITIONS ATTACHED TO THE GRANT OF BAIL
ALL KINDS OF BAIL ARE SUBJECT TO THE FOLLOWING CONDITIONS;
THE UNDERTAKING SHALL BE EEFFECTIVE UPON APPROVAL, AND UNLESS CANCELLED, SHALL REMAIN IN FORM AT ALL STAGES OF THE CASE UNTIL PROMULGATION OF THE JUDGEMENT OF THE RTC, IRRESPECTIVE OF WHETHER THE CASE WAS ORIGINALLY FILED IN OR APPEALED TO IT;
THE ACCUSED SHALL APPEAR BEFORE THE PROPER COURT WHENEVER REQUIRED BY THE COURT OF THESE RULES;
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 THREAT. IN SUCH CASE, THE TRIAL MAY PROCEED ABSENTIA, AND
THE BONDSMAN SHALL SURRENDER THE ACCUSED TO THE COURT FOR EXECUTION OF THE FINAL EXECUTION.
MONSERRAT, MARIA CECILIA C.
3C1- BS CRIMINOLOGY
Thank you sir for this lesson. This is the summary of what I've learned on the topic.
- According to Section 1 Of Rule 114 Bail it is the security given for the release of a person in the custody of the law, that furnished by him or a bondsman’s to guarantee his appearance before any court as required under the condition that prescribed.
- And according to Section 1 of Rule 114 the person posting a bail it either in detention centers for jail and when the accused is voluntary surrender or must be first in custody or to the authority of the court.
Note:
· But their have a requirement, like one of the requirement before the accused can post a bail their must be a certification of detention to be issued by the PNP.
· But if a person is not in the custody of the law they may not post a bail because there have no reason to secure the temporary release.
Their have 2 kinds of bail
· Furnished by the person that can release himself
· Or A bondsman of the third person
They have also 3 Instances where the accused the personal appearance is required;
· During arraignment- accused is presented before the court and the information is read to him
· During Identification- the witness prosecution will have a point out person of the accused.
· During Promulgation of Judgement
Note that: If the person released bail then he is required to appear in the circumstances because the rules of court demand the personal appearance of a person release on bail.
BASIS OF THE RIGHT TO BAIL
- The right to bail is a Constitutional right which flows from the presumption pf innocence of favor of every accused who should not be subjected to the loss of freedom. Thus the right to bail is only accrues when a person is arrested or deprived of his liberty. And the right to bail presupposes that the accused is under legal authority or custody.
CONDITIONS ATTACHED TO THE GRANT OF BAIL
- ALL KINDS OF BAIL ARE SUBJECTED:
• The accused shall appear before the proper court whenever required by the court of the rules.
• The Undertaking shall be effective upon the approval and unless cancelled shall remain in the form at all stages of the case until the promulgation of the judgement of the RTC
• Failure of the accused to appear at the trial without justification it shall be deemed a waiver of his right to be present threat.
• The bondsman shall surrender the accused to the court for the execution of the final execution.
Note: Their have a requirement of the court in bail like the accused original papers that state the full name and address of the accused and also the amount of the undertaking and also the photographs with a passport size taken within the last 6 months showing the face left, and right profiles.
THE LIABILITY OR THE SURETY PR BONDSMAN
• Inherent the civil nature
• And it emerges instead from the contract the bond subscribe jointly by the accused and surety of the bondman.
NATURE OF BAIL PROCEEDINGS
• A bail proceeding is the summary in nature
That the summary means is that it supposed to be continuous and expeditions.
PURPOSE OF BAIL
• To relieve an accused from the rigors of imprisonment until his conviction
• To ho or the presumption of innocence until his guilt
• To enable him to prepare his defense without being subjected to punishment prior to conviction.
FORMS OF BAIL
• Corporate surety/ Bail bond
-accused with one or more sureties made payable to the proper officer with a condition to be void upon the performance by the accused.
- BUT heir have ADVANTAGE ,LIKE the accused will not pay the entire amount of the bail or recommended of bail instead that the accused will pay the premium is only a small percentage of the total amount of the bail.
• Property bond- the property will be used a security for the provincial liberty of the accused will shall institute in a LIEN. That lien means is to burden. And the accused shall cause the annotation of lien within 10 days.
• Cash and deposit/ Cash bond- it is the common place where the cash shall be in the amount fixed by the court or it must be deposited by the accused himself or any person.
- But if the accused does not appear when required the whole amount of the cash bond will be forfeited.
· Recognizance- an obligation of records before some court duly authorizes. It is also an undertaking of a person with high credibility wherein execute a affidavit.
-this is only allowed for LIGHT FELONIES.
WHERE FILED BAIL?
· In court where the case is pending and in the absence of unavailability pf the judge
Note: when the bail is filed with a court other than where the case is pending the judge accepted the bail and shall forward it together with the order of release to the court where the case is pending and also if the accused is arrested in province , city or municipalities the bail may be filed either the RTC.
LAWS ON JUVENILES IN CONFLICT WITH THE LAW WITH RESPECT TO BAIL OF NON- CAPITAL OFFENSES
- Where the child is detained the court shall order to;
· Release of the minor on recognizance
· Release of the child in conflict with the law on bail
· Transfer of the minor to a youth detention home/ youth rehabilitation center
Note: But if the minor is unable to post a bail then he can committed to the care of the FSWD or other local rehabilitation center that upon in the recommendation of the DSWD.
COURT MARTIAL OFFENSES
- If Military person has been accused of war rimes or violation of the articles of war then he does not enjoy the right to post bail.
FILLING OF BAIL AFTER FINAL JUDGEMENT
- According to general rule, bail not be filed once that there is already a final judgement except even after the conviction pf the MTC.
DUTIES OF THE TRIAL JUDGE IF THE APPLICATION FOR BAIL IS FILED
- The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the presumption. But it the evidence of guilt is not strong the court will have to allow the accused to post a bail.
PARTY WITH THE BURDEN PF PROOF IN BAIL APPLICATIONS
- If the accused filed petition for bail , the prosecution has the burden to prove that the evidence of guilt is strong . The Prosecution is the first one who will present in the bail that hearing because he has the burden to proof.
EFFECTS OF A GRANT OF BAIL
- If the bail is granted the accused shall be released upon the approval of the bail by the judge.
BAIL WHEN IS NOT REQUIRED
- Bail is not required for violation of an ordinances, light felony or criminal offense with an imposable penalty that not exceeding 6 months of imprisonment and have a fine of 2, 000 thousand pesos.
WHEN THE ACCUSED DOES NOT HAVE THE FINANCIAL ABILITY TO POST A BAIL INITIALLY FIXED BY THE COURT
- The accused can file a motion to reduce the bail but must be submit documents and affidavit’s that may warrant his claim for reduction.
FORFEITURE AND CANCELLATION OF BAIL
- The effects of the failure of the accused to appear in court when required
· The bail shall be declared forfeited
· The bondsman is given 30 days within to
a. Produce their principal Or reason for non production
b. Explanation why the accused did not appear before the court when required to do so.
CORONADO JANE 3C4
Bail rule 114
Bail it is a security given for the release of a person in custody of law security to accused to guarantee his temporary release
what do we mean in custody of law -peron posting bail its either in jails or cells when the accused voluntarily surrender his person to the authority of the court.
requirement can post a bail is there must be a certificate of detention issued by the PNP. if the person is released on bail
Personal appearance of the accused in court is required during arraignment is when the accused is presented before the court and the information read to him, during identification is the witness will have to point out to the person of the accused, and during promulgation of judgement.
-basis of the right to bail whenever a person post bail that right belonging to him is enshrined according to constitution called presumption of innocence.
at large means that he did not voluntarily surrender to the court . the person at large cannot post bail without voluntary surrender.
-condition attached to the grant of bail is tge accused must execute an undertaking a warranty or promise of the accused that he will appear before the court whenever required in addition failure to appear of the accused shall be deemed as a waiver of his right to be present there at and the trial will proceed in absentia. - Liability of the surety or bondman
it is inherently civil in nature
example of bondman if the accused has no financial means to pay cash bond and the accused can obtain a surety bond and guarantee the accused release.
- purposes of bail is to relieve the accused from rigors imprisonment, to honor his presumption and ton enable him to prepare his defense.
- corporate surety the accused goes to an authorized bonding company and will pay the bail and the advantage of a corporate surety is that the accused will not pay the entire amount of the bail instead going to pay the premium and if the accused did not appear in hearing the bond will be cancelled and if the company did not locate the location of the accused the bond will be cancelled and the court will issued a warrant of arrest.
- Property bond the title of the property will be use
- cash deposit if the accused will not appear the whole amount bond will be forfeited in favor of the government.
- recognizance is obligation of record and only allowed for light felonies only and recognizance there is no property and there is no cash or surety instead is an undertaking a credible person or custodian.
- the bail is filed in court where the case is pending and bail can be filed in another court like RTC or MTC .
- law on juvenile in conflict with the law with respect to bail. if the accused is child inconflict with the law he can post a bail by release of the minor on recognizance and transfer to youth detention home then if the minor is unabale to post bail then cen be commited to the care of DSWD or local rehabilitation center
- court martial offense if the mail personnel accuse with the violation of war and he is not granted to post bail .
- bail cannot be filed once there is already a final judgement except after conviction by the court bail is still a matter of right.
- the duties of judge if the application of bail is filed the trial judge will have to decide whether the evidence of guilt of the accused is strong if the evidence is not strong the court will have to allow the accused to post bail.
- prosecution has the burden to prove that evidence of guilt is strong. if the petition for bail filed by the accused has been denied by the trial court then the accused can file for certiorari rule 65. the court will fix the amount of bail base on the accusation, penalties, character, financial ability and age and health of the accused.
bail is not required if the offense charge penalty is not exceeding 6 months imprisonment.
Can the prosecution can appeal ? according to section 4 administrative matter number 12-12-2 supreme court the order fixing the amount of bail shall not be subject to appeal
CORONADO, JANE
3C4
John Erico A. Bautista
3C4- Bs Criminology
Thank you sir for the discussion, this is the summary of what I learned:
Basis of the proper to Bail
- whenever an accused post bail that right belonging to him is enshrined under the constitution the correct is termed presumption of innocence, it's every body is presumed innocent until proven guilty.
Conditions attached to the Grant of Bail
- the accused must undergo an undertaking during which an undertaking may be a statement it's a guaranty or promise of the accused that he will appear personally before the court.
Forms of Bail
- commonest place is Cash Deposit/Cash Bond
- Corporate Surety/ bond
- Property Bond
- Recognizance
Where to Filed
- you'll only file the bail-in that court where the case is pending
- you'll be able to file it in RTC or the MTC or in MCTC.
Bail as a matter of RIght
- before or after conviction by the MeTC and MTC
- before conviction by the RTC of an offense not punishable by Reclusion Perpetua, or death
- before final conviction by all children in conflict with the law.
Bail as a matter of Discretion
- upon conviction by the RTC of an offense not punishable by death, or reclusion perpetual.
DE GUZMAN, KIMBERLY M. 3C1
Good day Sir! Thank you for the lesson of the day.
According to Section 1 Of Rule 114 Bail it is the security given for the release of a person in the custody of the law, that furnished by him or a bondsman’s to guarantee his appearance before any court as required under the condition that prescribed the person posting a bail it either in detention centers for jail and when the accused is voluntary surrender or must be first in custody or to the authority of the court.
They have also 3 Instances where the accused the personal appearance is required;
During arraignment- The information is read to the accused while he stands before the court.
During Identification- A person of the accused will be singled out by the witness prosecution.
During Promulgation of Judgement
Basis of the right to bail is that the right to bail is a constitutional right that flows from the presumption of innocence in favor of every accused who should not be subjected to the loss of freedom. Thus the right to bail is only accrues when a person is arrested or deprived of his liberty. And the right to bail presupposes that the accused is under legal authority or custody.
In the conditions attached to the grant of bail, The accused shall appear before the proper court whenever required by the court of the rules. The undertaking shall be effective upon approval and unless shall remain in the form at all stages of the case until the promulgation of the judgment of RTC, and the accused shall appear before the proper court whenever required by the court or those rules.Failure of the accused to appear at the trial without justification it shall be deemed a waiver of his right to be present threat. The bondsman shall surrender the accused to the court for the execution of the final execution.
The liability or the surety of the Bondsman Inherent the civil nature And it emerges instead from the contract the bond subscribe jointly by the accused and surety of the bondman. If the offense is bailable, you will see in the resolution or the information the recommended bail by the public prosecutor.
The nature of bail proceedings a bail proceeding is the summary in nature that the summary means is that it supposed to be continuous and expeditions.
The purpose of bail is to relieve an accused from the rigors of imprisonment until his conviction, the presumption of innocence until his guilt and To enable him to prepare his defense without being subjected to punishment prior to conviction.
Corporate surety/ Bail bond advantages of corporate surety - accused with one or more sureties made payable to the proper officer with a condition to be void upon the performance by the accused.
Property Bond Lien - an incumbent or a burden.
Cash deposit/Cash bond - deposited by the accused himself or on the person acting on his behalf.
A person charged with a capital offense, or an offense punishable by Reclusion Perpetua or life imprisonment when evidence of guilt is not strong, may be released on bail if convicted by the RTC of an offense not punishable by death, Reclusion Perpetua, or life imprisonment, regardless of the stage of the criminal prosecution
Laws on Juveniles in conflict with the law concerning bail of non-capital offenses Where a child is detained, the court shall order the: (a) Release of the minor on cognizance (b) Release of the child in conflict with the law on bail or (c) Transfer of a minor to a youth detention home/youth rehabilitation center.
Court martial offenses - Bail is not available to suspected military members who are being tried by courts martial or who have been charged with a violation of the Articles of War.
The effect of a bail grant is that if bail is granted, the accused will be released once the judge approves the bail. When a person is charged, he or she lacks the financial means to post a safeguard until the case is resolved by the court. The blamed can track movement to reduce safeguard, but he must produce data and sworn testimonies to back up his allegation.
ANDA, MARIFER H.
BS CRIMINOLOGY
3C3
-DONE WATCHING
BICOMONG RYAN GIMEL M. 3C4
Good day sir , this is what i learn about this certain topic.
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. 13, Art. III, The Constitution).
(2) 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).
(3) Bail is the security required by the court and given by the accused to ensure that the accused appear before the proper court at the scheduled time and place to answer the charges brought against him. It is awarded to the accused to honor the presumption of innocence until his guilt is proven beyond reasonable doubt, and to enable him to prepare his defense without being subject to punishment prior to conviction (Cortes vs. Catral, 279 SCRA 1. Its main purpose is to relieve an accused from the rigors of imprisonment until his conviction and secure his appearance at the trial (Paderanga vs. CA, 247 SCRA 741).
(4) The person seeking provisional release need not wait for a formal complaint or information to be filed against him as it is available to all persons where the offense is bailable, so long as the applicant is in the custody of the law (Paderanga vs. CA, 247 SCRA 741).
(5) Kinds of bail:
(a)Corporate bond - one issued by a corporation licensed to provide bail subscribed jointly by the accused and an officer duly authorized by its board of directors (Sec. 10).
(b)Property bond - an undertaking constituted as a lien on the real property given as security for the amount of the bond (Sec. 11).
(c)Recognizance - an obligation of record entered into usually by the responsible members of the community before some court or magistrate duly authorized to take it, with the condition to do some particular act, the most usual act being to assure the appearance of the accused for trial (People vs. Abner, 87 Phil. 566).
(d)Cash deposit - the money deposited by the accused or any person acting on his behalf, with the nearest collector of internal revenue, or provincial, city or municipal treasurer. Considered as bail, it may be applied to the payment of any fees and costs, and the excess, if any, shall be returned to the accused or to whoever made the deposit (Sec. 14).
RIVERA, MARY ROSE H. 3C4
Thank you Attorney for this lesson.
I've learned in this video lecture Rule 114 Bail, are the following:
BAIL- is a security given for the release of a person in custody of the law, furnished by him or bondsman by guarantee his appearance before any court as required under the condition prescribed under this rule. According to Section 1, Rule 114 that person who is posting a bail is in the custody of law.
IN CUSTODY OF THE LAW- it means that the person posting bail, it's either in detention with the police detention cells or detention centers or the jails or when the accused voluntarily surrender in court.
There are two instances:
When a person arrested and detained by police authorities
and When the accused voluntarily surrenders his person to the authority of the court then the person is said to be in custody of the law.
One of the requirement before the accused can post a bill there must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender.
Rule 114 Section 1 requires that a person posting a bail must be first in the custody of the law. A person who is not in the custody of the law may not post bail because if you are not in the custody of the law then there is no reason for you to secure you temporary release.
A bail can be furnished either by the accused or by a bondsman or third person.
Three instances wherein the accused personal appearance is required:
1. During arraignment when the accused is presented before the court and the information is read to him the personal appearance of the accused is required.
2. During identification the witness for the prosecution will have to point out the person of the accused.
3. During promulgation of judgment
Basis of the right to bail
-whenever a person or an accused post bail that right belonging to him is enshrined under the constitution.
-constitutional right enshrined in the constitution is called presumption of innocence.
Presumption of Innocence means that every person is presumed innocent until proven otherwise.
-if the accuses is at large, then he can post bail without surrender or without presenting himself to the court. (At large - did not voluntarily surrender to the court or he was not arrested.
-The right to bail presupposes that the accused is under legal custody without voluntary surrender, without arrest or detention then the accused may not post bail.
The liability if surety or bondsman is civil in nature it means it consists in payment of sum of money and it emerges in the contract.
Moreover, the nature of bail proceedings, the hearing of an application for bail should be summary or otherwise in the discretion of the court, it will relieve an accused, To honor the presumption of innocence, and To enable him to prepare his defense .
PURPOSE OF BAIL
Before the accused is a judge guilty of the crime charge then he has the right to secure tenporary release or freedom, bail is also to honor the presumption of innocence or enshrined in the constitution and to enable him to prepare his defense without being subjected to punishment prior to conviction.
FORMS OF BAIL
CORPORATE SURETY/BAIL BOND it has the advantages such as the accused will not pay the entire amount of the bail or the recommended amount of bail instead the accused will only pay a premium and the premium is only a small percentage of the total amount of bail. If the accused jump bail or if he skips hearing despite notice then the bond will be cancelled and then the bonding company will be given sufficient time to locate the whereabouts of the accused who posted bail but later on jump bail. If the bonding company fails to locate the accused the court will cancel the bail and issue a warrant of arrest.
PROPERTY BOND
Lien - it is an incumbent or a burden
CASH DEPOSIT/CASH BOND - If the accused does not appear by the court or by the rules then the whole amount of the cash bond will be forfeited in favor of the government and the accused will be arrested.
RECOGNIZANCE- In recognizance there is no property, no cash or surety which is being brought or paid to the court. It is the undertaking of a credible person or custodian. The temporary release of the accused will entrusted to the credible persons, who has no interest in the case. In case that the court requires the presence of the accused, the custodian will have to bring the person on of the accused to attend the hearing. But recognizance does not apply to all kinds of offenses. It is only available in light felonies.
WHERE DO YOU FILED BAIL
1. You can post bail in the court where the case is pending
2. In any RTC, MTC in case of absence of unavailability of the judge
3. If the accused is arrested, it can be filed with any RTC of the said place or any MTC where he was arrested.
4. But if the accused has been arrested but there is no charged yet in court then it can filed in any court in the province, city or municipality where he is held arrested.
Laws on Juveniles in conflict with the law with respect to bail of non-capital offenses
Where a child is detained, the court shall order the:
a. Release of the minor on cognizance
b. Release of the child in conflict with the law on bail or
c. Transfer of a minor to a youth detention home/youth rehabilitation center.
COURT MARTIAL OFFENSES
If a military person has been accused of war crimes or violation of the articles of war then he does not enjoy the right to post bail.
FILING OF BAIL AFTER A FINAL JUDGEMENT
As a general rule, bail may not be filed once there is already a final judgement except even after the conviction of the MTC, bail is still a matter of right.
Duties of the trial judge if an application for bail is filed:
The trial judge will have to decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the prosecution. If the evidence of guilt is not strong, then the court will have to allow the accused to post bail.
EFFECT OF A GRANT BAIL
-According to Section 19, Rule 114, the accused shall be released upon approval of the bail by the judge.
Additional, there are the Duties of the court to fix appropriate bill:
1. Financial ability of the accused to give bail
2. Nature and circumstances of the offense
3. Penalty for the offense charged
4. Character and reputation of the accused
5. Age and health of the accused.
6. Weight of the evidence against the accused
7. Probability of the accused appearing in the trial
8. Forfeiture of other bonds
9. Fact that the accused was a fugitive from justice when arrested
10. Pendency of the cases in which the accused is under the bond
Pwede nman e Tagalog, pilipino nman tayo
UMALI, ANGELICA JANE M.
3C2
Thank you po Attorney for the lecture I’ve learned a lot in Rule 114.
BAIL
Bail is a security posted by the accused to secure or guarantee his release or temporary release of his person. In custody of the law means the person posting bail is it’s either in detention with the police in detention cells or jails or when the accused voluntarily surrender in the court. Under the two instances: when a person is arrested and detained by police authorities and when the accused voluntarily surrender his person to the authority of the court, that person is said to be in custody of the law. One of the requirements before the accused can post a bail; there must be a certificate of detention, to be issued by the PNP or a certificate of voluntary surrender.
Section 1 Rule 114 requires that a person posting a bail must first be I the custody of the law. A person who is not in custody of the law may not post a bail because if you are not in custody of the law then there is no reason for you to secure your temporary release; you are not in any way restraint by or to your person. There are two kinds of bail: It can be furnished by the person seeking release himself or a third person. Three instances where the accuser’s personal appearance is required (1) arraignment- during arraignment when the accused is presented before the court and the court and the information is read to him, the personal appearance of the accused is required. (2) During identification, the witness for the prosecution will have to point out to the person of the accused, and (3) during promulgation of judgment.
If a person is released on bail the he is required to appear in those circumstances because the rules of court demand the personal appearance of a person release on bail.
Basis of the right to bail
The right to bail is a constitutional right which flows from the presumption of innocence in favor of every accused who should not be subjected to the loss of freedom. Thus the right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that the accused is under legal custody.
CONDITION ATTACHED TO THE GRANT OF BAIL
Undertaking is a statement, a warranty or promise of the accused that he will appear personally before the court whenever required by rules or by the order of the court.
Example: The accused failed to appear at the trial without justification and despite due notice, the effect is deemed as a waiver of his right to be present there at and therefore the trial may proceed in ABSENTIA. Trial in absentia means that the accused opted to give his right to be present in the proceeding and participate therein.
Liability of the surety or bondsmen
Example: The accused has no financial means to pay the cash bond, now the accused can obtain a surety bond. A surety bond will guarantee the release of the accused on the condition that if the accused fails to appear then the surety or the bondsman will have to pay the amount of the cash bond.
Purposes of bail
Before the accused judge guilty of the crime charge then he has a right for temporary release or freedom. It will appear that while the case is being tried and the accused is detained it would appear that he is being punished of a crime to which he was not yet convicted. To enable the accused to prepare his defense then he can avail of his right to post bail.
Forms of bail
Corporate surety or bail bond
The accused goes to an authorized bonding company and he will pay premium for the service. The advantage is the accused will not pay the entire amount of the bail, the accused will only pay the premium that will premium is only a small percentage of the total amount of the bail. The corporate surety is resorted to If the accused lacks financial capacity to post cash bond.
If the accused jump bail or if he skips hearing despite notice then the bond will be cancelled and then the bonding company will be given sufficient time to locate the whereabouts of the accused who posted bail but later on jump bail. If the bonding company fails to locate the accused the court will cancel the bail and issue a warrant of arrest.
Property bond
Annotation means that bail will inscribe or annotated at the back of the title before the registry of deeds if the property is registered.
Cash deposit or cash bond
The common is cash deposit for cash bond.
Recognizance
In recognizance there is no property, no cash or surety which is being brought or paid to the court. It is the undertaking of a credible person or custodian. The temporary release of the accused will entrusted to the credible persons, who has no interest in the case. In case that the court requires the presence of the accused, the custodian will have to bring the person on of the accused to attend the hearing. But recognizance does not apply to all kinds of offenses. It is only available in light felonies.
When a matter of right; Exceptions when a matter of discretion
Bail as a matter of right
Before or after conviction by the MeTC and MTC, and
Before conviction by the RTC of an offense not punishable by death, reclusionPerpetua or life imprisonment Sec 4
Before the final conviction by all children in conflict with the law for an offense not punishable by reclusion Perpetua or life imprisonment.
Bail as a matter of discretion
Upon conviction by the RTC of an offense not punishable by death, reclusion Perpetua or life imprisonment
Regardless of the stage of the criminal prosecution, a person charged with a capital offense, or an offense punishable by reclusion Perpetua or life imprisonment, when evidence of guilt is not strong Sec 7.
A child in conflict with the law charged with an offense punishable by death, reclusion Perpetua or life imprisonment when evidence of guilt is not strong.
Instances when there is automatic cancellation of bail
Acquittal of the accused
Dismissal of the case and
Execution of judgment of conviction. SEC 22 Rule 114.
PASTRANA, KATRINE L.
3C2
BAIL (RULE 114)
- It is the security given for the release of a person in custody of the law furnished by him or a bondsmen to guarantee his appearance before any court as required under the conditions prescribed under the rules.
- To secure or guarantee the release of the accused whether it is temporary or no.
- “The person who is posting a bill is in the custody of the law” this means that the person posting the bail is either in detention (with the police detention cells or detention centers) or the jails or when the accused voluntarily surrendered in the court.
TWO INSTANCES:
1. When a person is arrested and detained by police authorities; and
2. When the accused voluntarily surrenders to the authority of the court.
REQUIREMENTS BEFORE THE ACCUSED CAN POST A BILL:
- There must be a certificate of detention to be issued by the PNP or a certificate of voluntary surrender.
- REASON: That a person posting a bill must first be in the custody of the law so that there is no reason for you to secure your temporary release; or you’re not in any way restrained by or to your person.
TWO KINDS OF BAIL:
1. It can be furnished by the person seeking to release himself; or
2. A bondsman or a third person.
• The posting of bail is with the end view that the appearance of the accused will be guaranteed with the court as may be required under the rules of court and as may be ordered by the court.
THREE INSTANCES WHEREIN THE ACCUSED PERSONAL APPEARANCE IS REQUIRED:
1. During arraignment- when the accused is presented before the court and the information is read to him, the personal appearance of the accused is required.
2. During identification- the witness for the prosecution will have to point out to the person of the accused.
3. During promulgation of judgment
NOTE: Under these three circumstances, the personal appearance of the accused is required; therefore, if a person is released on bail, he is required to appear in court demand.
BASIS OF THE RIGHT OF THE ACCUSED:
1. To post bail where is this right coming from the right to bail is a constitutional right that flows from the presumption of innocence in favor of the accused who should not be subjected to the loss of freedom.
- Whenever a person or an accused post bail that right belonging to him is enshrined under the constitution)
CONSTITUTIONAL RIGHT- The right is called the presumption of innocence.
PRESUMPTION OF INNOCENCE- every person is presumed innocent until proven guilty.
2. The right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that the accused is under legal custody.
For example, if the accused is at large (did not voluntarily surrender to the court or he was not arrested) when he uses representative, the right to bail presupposes that the accused may not post bail.
If a person has successfully granted bail there are conditions that he or she must undertake, the conditions attached to the grant of bail are the following:
1. There must be an undertaking
- Remain informed at all stages of the case until the promulgation of the judgment of the regional trial court.
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2. That the accused shall appear before the court whenever required by the court
- Failed to appear at the trial without justification appears on the part of the accused and shall be deemed as a waiver of his right to be present. Therefore, the trial may proceed in absentia (accused is opted to give his right to be present in the proceedings and participate therein now the advancement shall surrender the accused of the court from exit for the execution of the final judgment).
LIABILITY OF THE SURETY OR BONDSMEN:
- This is civil in nature which consists of payment in a sum of money that emerges from a contract.
SURETY OR BONDSMEN- a third person that will guarantee the release of the accused on the condition that if the accused fails to appear, they will have to pay the amount of the cash.
CAN THE ACCUSED FILE A POST BAIL EVEN IF THAT OFFENSE THAT HE ALLEGEDLY COMMITTED IS NON-BAILABLE?
- Yes, a petition for bail before the court that hears or tries his case
NATURE OF BAIL PROCEEDINGS
- The hearing of a bail application should be summary or otherwise in the discretion of the court.
SUMMARY- it must be expeditious or it is supposed to be continuous that will not allow several postponements.
PURPOSES OF BAIL
1. To relieve an accused from rigors of imprisonment until his conviction and yet secure his appearance at the trial.
2. To honor the presumption of innocence until his guilt is proven beyond reasonable doubt.
3. To enable the accused to prepare his defense without being subjected to punishment prior to conviction.
FORMS OF BAIL
1. CORPORATE SURETY OR BAIL BOND
- Obligation under seal given by the accused with one or more sureties and made payable to the proper officer with the condition to be void upon performance by the accused of such acts as he may be legally required to perform.
- The accused goes to an authorized bonding company and he will pay a premium for the service which is the percentage of the total amount of bail.
- If the accused jumps bail or he if he skips hearing despite notice then the bond will be cancelled and then the bonding company will be given sufficient time to locate the whereabouts of the accused who posted bail but later on jumps bail.
2. PROPERTY BOND
- The title of the property will be used as security for the provisional liberty of the accused which shall constitute a lien (incumbent or a burden) over the property; and
- The accused shall cause the annotation of the lien within 10 days after the approval of the bond before the:
• REGISTRY OF DEEDS (if the property is registered); or
• REGISTRATION OF BOOKS IN THE REGISTRY OF DEEDS of the place where the land lies and before the provincial, city or municipal assessor on the corresponding tax declaration (if the property is not registered)
3. CASH DEPOSIT OR CASH BOND
- If the accused does not appear when required by the court or by the rules then the whole amount of the cash bond will be forfeited in favor of the government and that the accused will now be arrested.
4. RECOGNIZANCE
- Is an obligation of record entered into before some court or magistrate duly authorized to take it with the condition to do some particular act.
- It is an undertaking of a disinterested person with high credibility wherein he will execute an affidavit of recognizance to the effect that when the presence of the accused is required in court the custodian will bring him to that court.
- The temporary release of the accused will be entrusted to a credible person who has no interest in the case.
WHERE DO YOU FILE YOUR BAIL?
1. You can file it in the court where the case is pending.
- (Can you file a bill to another court? Yes, you can file it in the RTC or the MTC)
2. In the absence or unavailability of the judge thereof, the accused can post bail before the RTC Judge, MTC Judge, MCTC Judge, Judge in the Province, City, or Municipality.
NOTE: When bail is filed with a court other than where the case is pending, the judge who have accepted the bail shall forward it to the court where the case is pending.
3. The accused is arrested in a Province, City or Municipality other than worthy cases pending then bail may also be filed with any RTC, MTC or MCTC of said place.
4. If the accused or a person in custody has not yet been charged in court then he can apply for bail in any court in the province city or municipality where he is held.
OTHER INSTANCES WHEN BAIL MAY BE AVAILED OF:
1. When a person is lawfully arrested without a warrant ask for a preliminary investigation then he may apply for bail.
2. The court may require a witness to post bail if the material witness and bail is need to secure his appearance.
LAWS ON JUVENILE IN CONFLICT WITH THE LAW WITH RESPECT TO BAIL OF NON-CAPITA OFFENSES:
Where a child is detained the court shall order the:
1. Release of the minor on recognizance to his parents or any other suitable persons;
2. Release of a child in conflict with the law on bail; or
3. Transfer of the minor to a youthful detention home or youth rehabilitation center.
NOTE: If a minor is unable to furnished bail then he can be committed to the care of the DSWD or a local rehabilitation center or upon recommendation of the DSWD.
COURT MARTIAL OFFENSES:
- If a military person has been accused of war crimes or violation of the articles of war then he does not have to enjoy the right to post bail.
GENERAL RULE: Bail may not be filed once there is already a final judgment.
EXCEPTION: Even after conviction by the MTC bail is still a matter of right.
NOTE: If such finality, the accused applies for probation, he may be allowed temporary liberty under his bail.
- In no case, bail be allowed after the accused has commenced to serve sentence.
BAIL AS A MATTER OF RIGHT:
- Before or after conviction by the METC and MTC.
- Before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment.
- Before final conviction by all children in conflict with the law for an offense not punishable by reclusion perpetua or life imprisonment.
BAIL AS A MATTER OF DISCRETION:
- Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment;
- Regardless of the stage of the criminal prosecution a person charged with the capital offense punishable by reclusion perpetua or life imprisonment, when evidence of guilt is not strong.
PARTY WHO HAS THE BURDEN OF PROOF IN BAIL APPLICATIONS:
- The prosecution has the burden of showing that the evidence of guilt is strong at the hearing of an application for bail.
EFFECT OF GRANT OF BAIL:
- The accused shall be released upon approval of the bail by the judge.
REMEDY OF THE ACCUSED WHEN BAIL IS DENIED BY THE TRIAL COURT:
- File a petition for certiorari
BAIL WHEN NOT REQUIRED:
- Bail is not required for a violation of an ordinance, light felony, or criminal offense with an impossible penalty not exceeding six months of imprisonment.