Bail in the Philippines: Understanding Its Purpose and Process

In the realm of criminal law, bail serves as a fundamental principle that allows accused individuals to secure their temporary freedom while awaiting trial or resolution of their case. The concept of bail plays a crucial role in upholding the rights of the accused, ensuring the principle of “innocent until proven guilty.” In this blog, we delve into the significance of bail in the Philippines, its purpose, the process involved, and its implications on the justice system.

What is the purpose of Bail?

Bail is a legal mechanism that guarantees an accused person’s release from detention during the trial process. The primary objective is to strike a balance between the individual’s right to liberty and society’s interest in ensuring the accused’s presence during court proceedings. Bail provides an opportunity for those accused of a crime to continue their regular life while their case is pending, reducing the adverse effects of pretrial detention.

What is the nature of Bail?

The right to bail is a constitutional right. It flows from the presumption innocence in favor of every accused who should not be subjected to the loss of freedom as thereafter he would be entitled to acquittal, unless his guilt be proved beyond reasonable doubt. [1]

May a person apply for bail when he is detained during inquest proceedings?

Yes. Any person in custody who is not yet charged in court may apply for bail, with any court in the province, city or municipality where he is held. [2]

What are the conditions of bail?

All kinds of bail are subject to the following conditions:

1. The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all stages of the case until promulgation of the judgment of the Regional Trial Court, irrespective of whether the case was originally filed in or appealed to it;
2. The accused shall appear before the proper court whenever required by the court of these Rules;
3. 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 thereat. In such case, the trial may proceed in absentia; and
4. The bondsman shall surrender the accused to the court for execution of the final judgment[3].

May bail be granted in extradition proceedings?

Yes, an extradition proceeding, while ostensibly administrative, bears all earmarks of a criminal process. [4]

Where is bail filed?

1. If in custody but not yet charged in court – With any court in the province or city where he is held
2. If there is already a case pending – In the court where the case is pending or in the absence or unavailability of judge, with any RTC or MTC judge in the province, city or municipality
3. If there is case pending and the accused is arrested in a province, city or municipality, other than where the case is pending – in the court where the case is pending; or with any RTC in the province, city or municipality where he was arrested; or if no judge of the said RTC, with any MTC judge.
4. Where the grant of bail is a matter of discretion or accused seeks to be release on recognizance – application may only be filed in the court where the case is pending, whether on preliminary investigation, trial or appeal. [5]

When is bail a matter of right?

1. Before or after conviction by the MTC;
2. Before conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment[6].
3. Prior to conviction for an offense punishable by death, reclusion perpetua, or life imprisonment when evidence of guilt is not strong. [7]

When is bail a matter of discretion?

1. Before judgment of conviction by the RTC of an offense punishable by death, reclusion perpetua or life imprisonment, and the evidence of guilt is strong.
2. After judgment of conviction by the RTC of an offense punishable by death, reclusion perpetua or life imprisonment
3. After judgment of conviction by the RTC and the penalty imposed is imprisonment exceeding 6 years but less than death, reclusion perpetua or life imprisonment, and any of the following bail-negating circumstances is present:

1. That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration;
2. That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without valid justification;
3. That he committed the offense while under probation, parole, or conditional pardon;
4. That the circumstances of his case indicate the probability of flight if released on bail; or
5. That there is undue risk that he may commit another crime during the pendency of the appeal.
6. Upon finality of judgment of conviction unless the Accused file an application for probation.[8]

May the hearing on an application for bail be dispensed with if bail is a matter of right?

No. A hearing on an application for bail is mandatory. Whether bail is a matter of right or of discretion, the prosecutor should be given reasonable notice of hearing, or at least his recommendation on the matter must be sought. [9]

When may a person be released from custody even without bail?

1. When the law or the rules so provide; and
2. When a person has been in custody of a period equal to or more than the possible maximum imprisonment prescribed for the offense charge, he shall be released immediately without prejudice to the continuation of trial or the proceedings on appeal. If the maximum penalty to which the accused may be sentenced is destierro, he shall be released after 30 days of preventive suspension.[10]

When may the bail be forfeited?

When the presence of the accused is required by the court or the Rules, and the accused failed to appear in person as required despite the notice given to the bondsmen to produce him before the court on a given date and time, his bail shall be declared forfeited. The bondsmen shall be given 30 days within which to produce the principal and to show cause why no judgment should be rendered against them for the amount of their bail[11].

Is bail allowed after judgment becomes final?

Generally, no bail shall be allowed after the judgment has become final.

May bail be allowed when an accused applies for probation?

Yes. If before finality of judgment the accused has applied for probation, he may be allowed temporary liberty under his bail. When no bail was filed, or the accused is incapable of filing one, the court may allow his release on recognizance to the custody of a responsible member of the community. [12]

Bail is an essential element of the Philippine criminal justice system, allowing individuals accused of bailable offenses to maintain their freedom during trial proceedings. It serves as a safeguard for the rights of the accused and upholds the principle of innocence until proven guilty. Understanding the significance of bail provides a glimpse into the delicate balance between personal liberties and the administration of justice in the Philippines.

[1] Government of the United State of America v. Purganan, G.R. No. 148571, September 24, 2002.

[2] Section 17(c), Rule 114, Rules of Court

[3] Id., Section 2

[4] Government of Hongkong Special Administrative Region v. Olalia Jr., G.R. No. 153675, April 19, 2007.

[5] Section 17, Rule 114, Rules of Court.

[6] Id., Section 4

[7] Enrile v. Sandiganbayan, G.R. No. 213847, August 18, 2015.

[8] Sections 5, 6, and 7, Rule 114, Rules of Court.

[9] Mabutas v. Perello, A.M. No. RTC-03-1817, June 8, 2005.

[10] Section 16, Rule 114, Rules of Court.

[11] Id., Section 21.

[12] Id., Section 24.

Please follow and like us: