Bail

October 5

A: Is Bail monetary in nature?

S: Yes, Sir.

A: So, when you apply for bail you always have money in you?
S: No Sir, because there are other schemes of bail.

A: For example, in property bond. In property bond, you do not shell out cash. The property
has a monetary value may not be equated with the amount rendered by Court.

A: What is the purpose of bail?

S: The purpose of bail serves as a security for the release of a person, which is furnished by a
bondsman so that it will assure that he will for his trial and not evade his obligation in court.

A: What is the Constitutional provision of Bail?

A: Article III, Section 13
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.

A: This is very important. The first part of Section 13 of Article III is the basis of the entire
Rule 114.

Next student
A: Why are persons charged with an offense granted the right to bail?
S: The person charge with an offense has the right to bail……because there is such thing as
presumption of innocence. An accused shall not be convicted unless proven beyond
reasonable doubt that he was guilty of the crime charged.

A: Almost all of the rights of the accused are sourced from the presumption of innocence.
That is the primary right of an accused…..….The right to be presumed innocent until proven
guilty before our courts.

A: What are the two types of bail…. before conviction?

S: Before conviction, the two types of are bail as a matter of right and bail as a matter of
discretion.

A: When is bail a matter of right?

S: As provided in the rules, before or after conviction of an offense triable in MTC, MCTC,
MeTC and before conviction of RTC of an offense not punishable by life imprisonment, capital
offense and reclusion perpetua.
A: Suppose your client was validly arrested without a warrant, how will you apply for bail?
Let’s say the crime is homicide.
S: The application for bail may be upon… when the accused has been subjected to the custody
of the court… Meaning….. where the body of the accused has been under the control of the
court.

A: Suppose your client is still undergoing preliminary investigation and he was detained by
the police officers; how will you apply for bail?
S: Application for bail, being summary in nature can… by filing a motion..

A: Where will you file it?

S: To the Court where the case is pending.

A: It is still preliminary investigation…

S: During the preliminary investigation……

A: Can you apply for bail during preliminary investigation?

S: No Sir.

A: So if preliminary investigation lasted for two years, you cannot apply for bail?
A: In Preliminary Investigation, the accused is not yet detained..

A: So during the preliminary investigation, the accused cannot be detained?

A: Suppose the accused is detained during preliminary investigation, how will you apply for
bail?
S: Inquest……

A: During preliminary investigation, how can you apply for bail?

S: The bail may be applied to the prosecutor.

A: Not to the judge?

S: To the judge…

A: How can there be a judge in preliminary investigation?

A: Bail may be applied, according to the rules and even to the Constitution, right to bail is
available at any stage of the proceeding including preliminary investigation. So bail may be
applied even during preliminary investigation. So how can you apply for bail if the case is
not yet filed in court?
The answer is: You will file a separate application for bail even without a criminal case
where the crime is committed. If crime is committed in Lipa, you will file in any RTC of Lipa
and there’s no, in MTC.

Next student:

A: Can you give a crime that is bailable?

S: Homicide.
A: Why is it bailable?
S: Because homicide is punishable by reclusion temporal. Since the law provides that all
persons charged with offenses not punishable by reclusion perpetua or life imprisonment is
bailable as a matter of right.

A: Suppose a person charged with homicide is a flight risk, can the court deny him of bail?
A: A flight risk is included in the circumstances wherein the court may consider granting or
denying bail?
A: When person charged with homicide who is a flight risk, the court can deny bail?
S: No.

A: When a person is a flight risk, the court will grant bail?

S: Before conviction the accused has a right to bail. The Court can only grant the bail.

A: What is the meaning of jump bail? When a person jumps bail, what’s that?
S: When a person who is on bail attempts to leave the country.

A: So, when he’s leaving the country, he’s jumping bail? Jumping bail is jumping from
country to another?
S: When the accused does not follow the conditions that the petition for bail entails.

Next Student

A: Suppose the court grants bail to the person charged with homicide but he jumps bail,
what happens?
S: If the accused jumps bail and he was asked to appear in court and he fails to do so, his right
to be present will be waived and the trial will proceed.

A: What happens to the bail?

S: It will be forfeited po.
A: Forfeited or cancelled?
S: Cancelled.
A: or Forfeited?
S: Cancelled
A: It shall be forfeited.

A: Suppose the accused was rearrested because his bail was forfeited, can he file for second
bail?
S: Yes po, the forfeiture of the bail does not remove the right to bail.

A: Will the grant of second bail does not defeat the purpose of bail which is to guarantee
the appearance of the accused?
S: Yes po, as long as there is no evidence that he is a flight risk.
A: Does it defeat the purpose of bail which is to secure the attendance of the accused? So
even if the accused initially jumped bail and is rearrested, you will still grant the second bail
because he is not a flight risk?
S: If he is a flight risk then the second bail will not be granted po.

A: So you can deny a person charged with homicide if he is a flight risk?

S: It is provided under section 5 of the rules of court that if the penalty imposed to the accused
is not reclusion perpetua, life imprisonment…
A: stop there….Section 5 talks about conviction, we are talking about trial. We’ll go to
conviction later.

A: Suppose the Court follow your advice and grant second, third, fourth… What should the
court do to ensure the appearance of the accused.
S: To impose a reasonable but not excessive bail.

A: So even if the accused is a flight risk you will grant him bail.
S: Provided po that it will not be excessive and just reasonable.
A: Are you sure?

Next Student

A: The accused may post as many bail as he wants for that is the consequence of bail as a
matter of right, what is the assurance of the court that the accused will not abscond? What
the rules of Court provides is to increase the amount of bail so as to assure his appearance.
When is bail a matter of discretion?
S: A bail is a matter of discretion when the alleged accused is charged for a crime punishable
by reclusion perpetua, life imprisonment or death.

A: What are non-bailable offenses?

S: Non-bailable offenses are those that are crimes charged with a penalty of reclusion
perpetua, death, or life imprisonment when the evidence of guilt is strong.

A: Give me three examples of crimes which are non-bailable?

S: Murder, rape, statutory rape,
A: Not really…..
S: Murder, parricide,
A: Favorite crime of our president
S: Drugs……?
A: So many crimes of drugs…..
S: Plunder?
(Di ko talaga marinig yung third nagtawanan kasi… 23:19)
Murder at parricide yung narinig ko na correct.

A: When the offense is non-bailable can you apply for bail?

S: Yes po.
A: The term non-bailable is a wrong connotation and it is usually told in the media that the
person is charged with non-bailable offense of rape with homicide.. therefore he will not
be released…that is wrong because non-bailable offenses there is a chance to be released
when the evidence of guilt is not strong.. So as fellow law students it is your job to promote
to teh public the proper interpretation of laws. If you hear your neighbor, friend etc. explain
to them that non-bailable offense does not necessarily mean that the person shall be
detained during the period of trial. He may still be released when the evidence of guilt is
not strong.

A: The Child Abuse Law, Section 5B of the Child Abuse Law states that when a child is raped,
it is penalized by reclusion temporal in its maximum to reclusion perpetua. Is it bailable or
a non-bailable offense? Is it a matter of right or discretion?
S: It is a matter of discretion.

A: What does the Constitution provide?

S: The Constitution provides that bail is a matter of right….

A: No, the Constitution provides that bail is a matter of right when a person charged with
offenses punishable by reclusion perpetua, life imprisonment…… So, is violation of child
abuse a matter of right or discretion?
S: It is a matter of discretion because the penalty is reclusion perpetua.

A: But the Constitution provides that when the offense is PUNISHABLE…..PUNISHABLE..

What does punishable mean?
S: The prescribed penalty.

A: In this case, the prescribed penalty is….

A: So the word punishable means the imposable penalty?
A: The answer to that class is: The Constitution is very clear punishable by reclusion
perpetua, life imprisonment or death. In this case, is the prescribed penalty reclusion
perpetua? The answer is no because the range of the penalty is not confined to reclusion
perpetua, life imprisonment or death only. It includes reclusion temporal maximum. So
therefore, you do not satisfy the exception provided under section 13 of the Constitution.
Meaning the crime under 5B of Child Abuse Law is a bailable offense and as a matter of
right. We are not talking about imposable penalty, we are talking about prescribed penalty.

Next Student

A: What is a capital offense?

S: A capital offense is when the crime is committed the punishment is death.

A: Republic Act 9346 talks about death penalty. What does it provide?
S: That death penalty has been removed.
A: Removed?
S: Suspended?
A: Suspended? or abolished?
S: Suspended po pala.
A: The law is very clear. It is abolished.
A: May Congress enact a law to re-enact death penalty.
S: Yes po.

A: As discussed in your Consti law, that death penalty may be restored provided that it is
not excessive. Currently death penalty is abolished unless the president succeeds. However,
some crimes in the revised Penal Code has a penalty of death. for example, rape with
homicide. The prescribed penalty for that is only one, death. What should the court impose
when a person is convicted with a crime of rape with homicide?
S: The penalty to be imposed would be reclusion perpetua.

A: The crime of simple rape, the prescribed penalty is reclusion perpetua. Suppose a person
is convicted of a crime of simple rape, what is the penalty?
S: Reclusion perpetua.

A: What is the graver offense?

S: Rape with homicide.

A: Why is it that they have the same imposable penalty?

S: Due to the fact that the penalty for rape with homicide was supposedly death penalty was
abolished. They impose the next higher penalty.

A: So you will categorize rape with homicide as same level with simple rape?
Anyway, we will discuss this later when we discuss judgment. Read AM15-08-02 of teh
Supreme Court to know the answer.

A: When a person validly arrested is charged before the Court with a crime of murder, may
he apply for bail? Do you know the prescribed penalty for murder? It’s reclusion perpetua.
S: No po.

A: So when a person is charged with a crime of murder he cannot apply for bail?
S: I change my answer po. Yes po ala.

A: When he applies for bail, will it be granted by the court?

S: If there is a strong evidence of guilt the court could not grant bail but there is no stromg
evidence the court could grant.

Next Student

A: Suppose the person arrested is charged with the crime of murder, from the time of his
arrest until he applies for petition for bail and until the court decides for the petition for
bail, will he be detained?
S: Yes po.
A: Suppose it takes ten years for the Court to determine the petition for bail? Will he be
detained for ten years?
S: No po.
A: So the accused can still be released even if the Court has not determined teh petition for
bail.
S: Yes po, provided that he has already served….

A: So for ten years while the court is determining the petition for bail, he will be detained?
A: Is that fair?
S: Yes po..
A: What does Section 13, Article 3 provide?
A: When accused is charged with murder and information is filed, is the evidence of guilt
strong?
A: Before the Court determines the petition for bail, you are not sure if the evidence of guilt
is strong and in the meantime under the present justice system, the accused is detained.
Anyway, even the Justices of the Supreme Court have difficulty in resolving that.

A: Can the Supreme Court amend the current rules of criminal procedure and state that the
accused shall only be detained for the crimes punishable by reclusion perpetua, life
imprisonment or death when the Court resolves when the evidence of guilt is strong?

S: Yes po, because it is merely procedural and it is not in contravention to the Constitution.

A: If your read Section 7 of Rule 114 if the Supreme Court removes “regardless of the stage
of the proceeding, it will change…. I’ll give you two sides of the coin. Under our current
rules, when the person is charged with the crime of murder he is detained and yet we do
not know whether the evidence of guilt is strong. It is only after the Court decides.
Nevertheless, in that limbo the accused is detained.
When there is another view, that the accused should be released and should only
be detained when the Court determines if the evidence of guilt is strong. Our Supreme Court
decided on the first set of rules. Why did the Supreme Court decide that way?
The answer to that is: it’s because of the policy of public security and safety. But the
Constitution is very clear… you can only detain a person when the evidence of guilt is
strong… Can the Supreme Court change that? Yes, it is merely procedural, by amending and
removing the phrase “regardless of the stage of the proceeding” it can actually change the
entire system.
I personally agree with the Supreme Court that because of public safety… that but
the problem is, it is being abused in the political vendetta scene. In 2012, a certain president
was arrested for the crime of economic sabotage because of an alleged affidavit, she was
arrested in the airport before she can go to the Singapore. The evidence of guilt was not
strong when she was about to leave for Singapore. In fact, it was found out that the
complaint against her was fabricated. and yet for three to four years she was detained
without determining if the evidence of guilt is strong. How was that possible? The previous
administration has a political vendetta against her. Now we go to the present
administration, the rules of bail were also abused. Recently, a senator was detained for
conspiracy to commit drug trafficking. Is it determined that the evidence of guilt is strong?
Not yet. Why? Because there is no judge that wants to handle. For two and half years, there
had been 17 inhibitions in her cases. How can there be a determination and hearing with
respect to her petition for bail if no judge wants to hear her case. And that is abused by our
political institutions….. So as future lawyers, I hope you will not abuse the loopholes in our
rules of court particularly those involving the rights of the accused.

Next Student

Case of Enrile vs. Sandiganbayan

A: For the first time in our justice system, bail is granted because of health. Because under
International Law, the person is considered as a subject and not as an object.
A: Does the Rule of Court provide that health may be considered in granting petition for
bail?
S: No.

A: When is bail granted when the offense charged is punishable by reclusion perpetua, life
imprisonment or death?
S: When the evidence of guilt is not strong.

A: Do age and health affect the strongness of the evidence?

S: In depends on the crime charged.

A: The age and health do not affect. The only considered is evidence and not the condition
of the accused. That is the point of Justice Leonen. There is nothing in the Rules of Court
that considers age and health in granting petition for bail. In effect, Enrile vs. Sandiganbayan
amended the Rules of Court. It included age and health as ground for the release of persons
charged with non-bailable offense.

Next Student
A: When bail is a matter of discretion, how can the accused apply for bail?
S: The Rules of Court, Section 5 provides when a bail is a matter of discretion. A bail is a matter
of discretion when upon conviction by Regional Trial Court the prescribed penalty is not
reclusion perpetua, life imprisonment or death.

A: When is bail a matter of discretion?

S: Bail is a matter of discretion when upon conviction…

A: We’re not yet in conviction. We’re still in trial.

S: It is a matter of discretion when the prescribed penalty is reclusion perpetua, life
imprisonment or death because the judge may upon the recommendation of the
prosecution………. must first determined whether the evidence of guilt is strong.

A: When the crime charged is punishable by reclusion perpetua, how will you apply for bail?
S: first, there must be a petition for bail to the court.

A: After the filing of petition, what happens?

S: After the filing, the prosecution will determine….

A: The Court will conduct a hearing..

S: whether the evidence of guilt is strong.

A: Is it summary in nature?
S: It is summary in nature.

A: Who presents the evidence?

S: The prosecution presents the evidence.

A: Why is it that the prosecution and not the accused who files for petition for bail?
S: Because in cases of determination whether the accused would qualify for bail, the burden
of proof is with the prosecution.

A: Why is the burden of proof upon the prosecution?

S: The prosecution is the one who recommends whether the bail will be granted or not.

A: The prosecution recommends?

It is because the burden to convict is with the prosecution because of the right to be
presumed innocent.
Again, the root cause of bail is the presumption of innocence. That’s why in bail proceeding
everything is in the burden of the prosecution.

A: May the Court dispense the hearing in a petition for bail?

S: Yes.
A: The answer to that is No. Hearing is mandatory and subject to disciplinary action for
failure to do so.

Next Student
A: What is the meaning of evidence of guilt is strong?
S: It means that the findings of the prosecutor is not strong enough.

A: What is the meaning of evidence of guilt is strong?

S: It means clear and convincing evidence.

A: So it is the same as clear and convincing evidence? No!

What are the quantums of proof?

In Criminal Procedure:
1.) Proof beyond reasonable doubt
2.) Prima Facie- presentation of evidence of prosecution. In case of weak evidence, it shall
be dismissed through demurrer.
3.) Evidence of Guilt is Strong- Bail application
4.) Probable Cause- least
-there are four aspects: executive, judicial, warrantless arrest, and search warrant

A: Why did I number them? It is because it is based on difficulty in proving. The most difficult
is proof beyond reasonable doubt. Do not be confused in the quantum of proof in criminal
case. If you know their rank, you will know the difficulty in proving. We’ll discuss that next
meeting in the rights of the accused.

(Eto yung hanggang 7:30 lang ang recit)- Discussion na nya yan

We now know the quantum of proof. Is it required for both parties to present their evidence?
The answer is no. It is only the prosecution who is required. Why the prosecution? Because
he is the one tasked to prove the guilt of the accused beyond reasonable doubt.

Suppose the Court finally finishes the hearing for the petition bail, is there a period where the
court must resolve the petition for bail? According to rules of the Supreme Court, after the
prosecution presents the evidence, the Court only has 48 hours to resolve the petition for
bail. Two days, yet in reality petition for bail takes years and even decades.

Q: Suppose the Court now wants to decide, what will it do?

A: The Court will issue a resolution.

Q: Is resolution, mandatory?

A: Yes, it is mandatory to show to the parties the basis for granting or denying the petition for
bail.

Q: Is the Court required to state all the factual findings in the petition for bail?

A: Yes, it is mandatory for the Court to discuss the factual findings and even the analysis and
issues for the petition for bail.

Q: Suppose the Court fails to discuss the factual findings in a resolution for the petition for
bail, what is the effect?

A: The effect is a void resolution. The judge will be subjected to a disciplinary proceeding. The
purpose is to prevent anomalous granting of bail.

Q: Suppose the Court determines that the evidence of guilt is strong, the Court denies bail,
can the accused file for a second petition for bail?

A: That is a question asked in the 2014 Bar question.

The answer to that according to the Chair, Justice Peralta, you can file a second petition for
bail even if it is a matter of discretion. Why? His answer is simple, because there is no
prohibition in the Rules of Court. And since there is no prohibition, you can apply unlimited
number of petition even it is a matter of discretion as long as you can prove that evidence of
guilt is not strong.

Is there a jurisprudential guideline for Justice Peralta’s answer? There is no existing

jurisprudence. Why was it asked? I have no idea. Because he is the Chairman, he can ask
everything.
Let’s now go to bail when there is a judgment.

Q: Suppose the Court promulgate a judgment of conviction, is there an instance when a bail
is a matter of right pending appeal?

A: No! When there is conviction, there is no more bail as a matter of right because Section 13
only pertains to right to bail before conviction. After conviction, it will now be always a matter
of discretion of the Court.

Q: Suppose the former first lady was convicted of seven counts of graft and corruption under
the R.A. 1319 or the Anti-Graft Law, and she appeals. Can the she file for bail pending appeal?

A: Yes, because the violation of 1319 is not covered by reclusion perpetua, life imprisonment
or death.

Q: Suppose she files bail upon her conviction, will the bail be granted?

A: It is a matter of discretion of Sandiganbayan whether to grant bail to the former first lady
for being convicted of seven graft cases.

Q: Is there an instance where the Court promulgates judgment of conviction and the accused
cannot ask bail as a matter of discretion?

A: Yes, when the conviction for the crime of reclusion perpetua, life imprisonment, or death.

Q: Why is it that when the Court convicts you of reclusion perpetua, life imprisonment, or
death, bail as matter of discretion cannot be granted?

A: Conviction automatically makes the evidence of guilt strong. Since you are now convicted
the evidence of guilt is very strong.

Q: Suppose there is a judgment of conviction and the accused files a notice of appeal, where
will the application be filed?

A: It depends where the records are. If it is still in RTC.. in the RTC if already transmitted to
appellate court, to the appellate court.

Q: Is there an instance when the accused can only file bail pending appeal in the appellate
Court?

A: Yes, if the penalty for the convicted offense was non-bailable turned to bailable. Because
when you appeal it opens the criminal case entirely for review. Therefore, the appellate court
has the power to change from the bailable to back to non-bailable offense. The appellate
court can review the entire proceeding even the imposable penalty.
Q: Suppose you attend the promulgation of judgment of your client and he is convicted,
suppose homicide, how will you apply for bail pending appeal?

A: Right there and there you will manifest in open court that you will file the necessary
remedies to appeal the judgment of your client and at the same time you will apply for bail
pending appeal.

Q: Why is it required that right there and there you will manifest that your will apply for bail
pending appeal?

A: Because if your do not apply for bail automatically right there and there your client will be
detained. Because in conviction there is proof beyond reasonable doubt and when there is
proof beyond reasonable doubt, your client must be detained.

Q: Suppose you apply for bail pending appeal on that open court, will the court right there
and there rule on the application for bail…….Yes.

Q: Will the Court apply the same bail you paid during trial.

A: It depends because bail is a matter of discretion after conviction.

Q: May the Court increase the amount of bail after conviction?

A: It is very possible to increase the amount of bail after conviction.

Q: If the accused is acquitted, can reimbursement for the bail paid be asked?

A: Yes, bail can be reimbursed. You have not committed any crime so why will you pay bail.
You may ask the Court to reimburse bail.

However, there are circumstances in the Rules of Court after conviction where bail as a matter
of discretion will be denied.

1.) recidivist;
2.) quasi-recidivist;
3.) habitual delinquent;
4.) previously escaped from confinement;
5.) committed an offense while under parole, probation or pardon;
6.) flight risk;
7.) commits another crime.

When those circumstances are present and the penalty for conviction is more than six years,
it is automatic that bail will be denied. Bail after conviction will be denied.

Q: What if none of those circumstances are present, will the bail automatically be granted?
A; No, even in the absence of those circumstances bail will not be automatically be granted
because bail is a matter of discretion after conviction.

Q: Suppose conviction is less than six years, will bail be automatically granted?

A; No, even lower than six years bail is a matter of discretion after conviction.

Based on our discussion, there will be instances when bail will always be denied;

1.) If the penalty for the crime charged is reclusion perpetua, life imprisonment, or death and
evidence of guilt is strong;

2.) when judgment of conviction becomes final and executory;

3.) when the accused start serving his sentence.

Q: Isn’t that the same when the judgment of conviction becomes final and executory and
when the accused start serving his sentence?

A: They are completely different. When it is final and executory, that’s the time one applies
for probation but before your serve sentence. When you start serving sentence you cannot
anymore apply for probation. We will discuss probation as we discuss judgment.