Right To Bail

Bail defined:

Security required by the court and given for the provisional and temporary release of a person who is in the custody of law conditioned upon his appearance before any court as required under the provisions specified.

Rules of court, Rule 114, Sec. 1

Who may invoke the right to bail?All persons… be bailable by sufficient sureties, or be released on recognizance as may be provided by law.

When?Before conviction

Except: those charged with offenses punishable by reclusion perpetua, when evidence of guilt is strong

Article III, Section 13 of the Constitution

When a matter of right

When a matter of right

1. Before conviction by the MTC,RTC, or MCTC (Section 4, a);2. After conviction by the MTC (Section 4, a)3. Before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment (Section 4,b)

“traditionally not been recognized and is not available in the military, as an exception to the general rule embodied in the Bill of Rights.”

Aswat vs. Galido

When matter of discretion“Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary.

“If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be denied bail.

Rule 114, SEC. 5

“An offense is capital, if it may be punished by death under both the law prevailing at the time of its commission and that prevailing at the time of the application for bail, even if after conviction a penalty less than death imposed.”

People vs. ICA

“…if the decision of the trial court conviction the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the appellate court.”

Shall be denied of bail when:(a) That he is a recidivist, quasi-recidivist, or

habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration;

(b) he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without valid justification;

Shall be denied of bail when:

(c) That he committed the offense while under probation, parole, or conditional pardon;

(d) That the circumstances of his case indicate the probability of flight if released on bail; or

(e) That there is undue risk that he may commit another crime during the pendency of the appeal

Standards for fixing a bail

“…right to bail can only be availed of by a person who is in custody of the law or otherwise deprived of his liberty and it would be premature, not to say incongruous, to file a petition for bail for someone whose freedom has yet to be curtailed.”

Cortes v. Catral

Considerations for reasonable amount of bail:

(a) Financial liability of the accused to give bail;(b) Nature and circumstance of the offense;(c) Penalty for the offense charged;(d) Character and reputation of the accused;(e) Age and health of the accused;

Considerations for reasonable amount of bail:

(f) Weight of the evidence against the accused;(g) Probability of the accused appearing at the trial;(h) Forfeiture of other bail;(i) The fact that the accused was a fugitive from justice when arrested; and(j) Pendency of other cases where the accused is on bail.

Right to bail and Right to Travel

Effect on Right when Detention is Questioned

• Effect on right when detention is questioned:• Rule 114, SEC. 26. Bail not a bar to objections on

illegal arrest, lack of or irregular preliminary investigation. – An application for or admission to bail shall not bar the accused from challenging the validity of his arrest or the legality of the warrant issued therefore, or from assailing the regularity or questioning the absence of a preliminary investigation of the charge against him, provided that he raises them before entering his plea. The court shall resolve the matter as early as practicable but not later than the start of the trial of the case.

Effect on Right when Detention is Questioned

• NOTE: before- application for bail forfeits your right to question the validity of your arrest

• Now- because of the new provision in the Rules of Court, it is recognized that the right to bail is a separate right fr not a bar against your right to assail the validity of your arrest, provided that you have not yet filed a plea on the right against unreasonable seizure/arrest. Therefore filing a bail bond is

Right to bail and Extradition Proceedings

“”…does not apply to extradition proceedings because extradition courts do not render judgments of conviction or acquittal.”

U.S. vs Puruganan