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BAIL

SEC. 1. Bail Defined. - Bail is the security given for the release of a person in custody of the law, furnished by him or
a bondsman, conditioned upon 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.
Definitions
Bail is the security given for the release of a person in custody of the law.
May be 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
As a noun means of procuring the release of one charged with an offense by insuring his future attendance in
court. The security or bond for a defendants appearance in court.
As a verb the delivery of a person to his sureties, upon their giving, together with him, sufficient security for his
appearance to answer the charge against him at the time and place appointed.

Bail as a Constitutional Right
CASE: DE LA CAMARA vs. ENAGE, 42 SCRA 3
FACTS:
Ricardo dela Camara who was accused of multiple frustrated murder and multiple murder was arrested and
detained at the Provincial Jail of Agusan
On November 25, 1968, petitioner filed an application for bail premised on the assertion that there was no
evidence to link him with the incident maintaining his innocence.
Respondent Judge Manuel Lopez Enage granted the application but fixed an excessive amount og P1,195,200.00
ISSUE:
Whether the bail was excessive
HELD:
Yes, the Secretary of Justice suggested only a bail of P40,000 for two crimes. Excessive bail bars the accused from
enjoying his right to bail making the same meaningless

Limitations on the right to bail
CASE: PICO vs. COMBONG 215 SCRA 421
FACTS:
Complainant Pete M. Pico is the brother of Fr. Narciso M. Pico, a minister of the Iglesia Filipina Independiente,
who was brutally shot to death by the accused Eddie Villegas
The Provincial Fiscal filed a murder case and recommended that no bail be granted; a warrant of arrest was issued
by Respondent Judge Alfonso V. Combong
Before the accused was taken into custody, he was granted bail for P50,000

ISSUE: Whether the respondent Judge committed a grave abuse of discretion for having granted bail to the accused

HELD:
Yes, a person applying for admission to bail must be in the custody of the law or otherwise deprived of his liberty
An application for bail from a person charged with a an offense punishable by reclusion perpetua must be set for
hearing at which both the prosecution and the defense must be given a reasonable opportunity to prove that
evidence of guilt of the applicant is strong

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SEC. 2. Conditions of the Bail; Requirements. All kinds of bail are subject to the following conditions:
a. The undertaking shall be effective upon approval and remain in force at all stages of the case, unless sooner
cancelled, until the promulgation of the judgment of the Regional Trial Court, irrespective of whatever the
case was originally filed in or appealed to it;
b. The accused shall appear before the proper court whenever so required by the court or these Rules;
c. The failure of the accused to appear at the trial without justification despite due notice to him or his
bondsman shall be deemed an express waiver of his right to be present on the date specified in the notice.
In such case, the trial may proceed in absentia; and
d. The bondsman shall surrender the accused to the court for execution of the final judgment.
The original papers shall state the full name and address of the accused, the amount of the undertaking and the
conditions herein required. Photographs (passport size) taken recently showing the face, left and right profiles of
the accused must be attached thereto.

CASE:
PEOPLE VS. UY TUISING (GR No. 42118-42120)
FACTS:
Uy Tuising was the accused in three cases
Luzon Surety Company, Inc. Issued bailbonds for Uys provisional release
On January 15, 1932, the surety company received notice requiring it to produce and surrender Uy
Uy died on January 27, 1932 in Inchong, Amoy, China

ISSUE: Whether or not Luzon Surety Company may be compelled to satisfy the value of the issued bonds

HELD:
Yes, it is incumbent upon Luzon Surety Company (LSC) to keep the accused at all times under his surveillance.
In allowing Uy to leave the jurisdiction of the Philippines, LSC violated the terms of its bail bonds because it
failed to produce the said accused on January 15, 1932.


Forms of Bail
Cash bail bond sum of money, in the amount designated in an order fixing bail, posted by a defendant or by
another person on his behalf with a court or other authorized public officer upon condition that such money shall
be forfeited if the defendant does not comply with the directive of a court requiring his attendance at the criminal
action or proceeding involved and does not otherwise render himself amenable to the order and processes of the
court.
Recognizance is a contract between the sureties and the State for the production of the principal at the
required time. A waiver of the payment with an obligation to do some particular act appearance of the accused
for trial.
Corporate Surety is one issued by a professional bondsman (one who is habitually engaged in the business of
furnishing bonds in civil actions or for persons arrested or detained for prosecution
Property Bond an undertaking constituted as a lien on the real property given as security for the amount of the
bail
Bail as a Constitutional Right
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
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impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. (Section 13, Article
III 1987 PH Constitution)
There is always a presumption of innocence in favour of the accussed no one should be subjected to the loss of
freedom until such time that his guilt is proven without reasonable doubt.
Limitation/ Exception: Those which are not covered by this constitutional rights are those charged with offenses
punishable by death, reclusion perpetua or life imprisonment when evidence of guilt is strong. Also not covered
are those who are not yet within the custody of the law.
Duties of a Judge in an application for bail
Notify the prosecutor of the hearing of the application for bail or require him to submit his recommendation
Conduct a hearing of whether or not the prosecution refuses to present evidence to show that the guilt of the
accused is strong, in discretionary cases of bail
Decide where the guilt of the accused is strong based on the summary evidence of the prosecution
Discharge the accused when guilt is not strong
Bail and arraignment
Arraignment before grant of bail is unnecessary and invalid
Bail and the bondsmen
The bondsmen becomes, of law, the jailer of the accused and is subrogated to all the rights and means which the
government possesses to make his control of him effective
Constructive custody he has custody of the accused and has an obligation to make sure that the latter
appears in court when so required and failure to do so will entail him forfeiture of his bond
Cancellation of the bond the court or the bondsmen may cancel the bond any time provided that he
submit the accused to the court
Arrest and delivery - the bondsmen may validly arrest the accused, even without a valid warrant, and
deliver the same to the proper authorities
Conditions of the Bond
The bond is effective upon approval and until promulgation of the judgment by the Regional Trial Court, unless
cancelled;
The accused shall appear before the proper court whenever required;
If the bailee fails to appear at the trial without justification, it shall mean his waiver of the right therefore trial
may continue in absentia;
The bondsman shall surrender the accused for execution of the final judgement

SEC. 3. No Release or Transfer Except on Order of the Court or Bail. No person under detention by legal process
shall be released or transferred except upon lawful order of the court or when he is admitted to bail as prescribed
in this Rule.

SEC. 4. Bail, a Matter of Right. All persons in custody shall:
a. before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in
Cities and Municipal Circuit Trial Court, and
b. before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua or
life imprisonment, be admitted to bail as a matter of right, with sufficient sureties, or be released on
recognizance as prescribed by law or this Rule.

Applicability
Bail is applicable to ALL persons in custody:
Before or after conviction by the MTC/ MCTC
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Before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua or life
imprisonment
No hearing required except in cases when bail is discretionary
Absconding from bail or probability that an accused will abscond shall only give the court authority to increase bail but
not to the point when its excessive.

CASE:
SY GUAN vs. AMPARO (79 Phil. 670)
FACTS:
Sy Guan is under prosecution for visiting an opium den.
Having failed to appear for hearing, Sys bond of P300 was forfeited and a warrant of arrest was issues
Upon being rearrested, Sy offered to put up a new bond
Hon Judge Rafael Amparo denied him bail because he has jumped his previous bail

ISSUE: Whether or not an accused be denied bail if he absconds or jumps his previous bail

HELD:
No, even if the petitioner intentionally absconds his bail, it does not operate as a forfeiture of his right to
temporary liberty.
The existence of high probability that the defendant will abscond confers upon the court no greater discretion
than to increase the bond as would reasonably tend to assure the presence of the defendant

SEC. 5. Bail, when discretionary.

Bail is a matter of right or discretion.
1. Bail is a matter of right when the offense charged is not punishable by death, reclusion perpetua or life
imprisonment.

2. Bail is a matter of discretion on the following instances:
a.) Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua
or life imprisonment.
- The application for bail may be filed with and acted upon by the trial court despite the
filing of a notice of appeal, provided it has not transmitted the record of the case to the
appellate court.
b.) If the decision of the Regional Trial Court convicting the accused change the nature of the offense from
non-bailable to bailable.
- Application for bail can only be filed with and resolved by the appellate court.

When bail may be denied or cancelled.
a.) If the penalty imposed by the trial court exceeds six years of imprisonment; and
b.) When upon the showing by the prosecution with notice to the accused of the following and other
similar reasons:
That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime
aggravated by the circumstances of reiteracion.
That he has previously escaped from legal confinement, evaded sentence, or violated the
condition of his bail without valid justification.
That he committed the offense while under probation, parole, or conditional pardon.
That the circumstances of his case indicate the probability of flight on bail.
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That there is undue risk that he may commit another crime during the pendency of the appeal.

SEC. 6. Capital offense defined. A capital offense is an offense which, under the law existing at the
time of its commission and of the application for admission to bail, may be punished with death.

Not a capital offense for purposes of bail:
1. If the offense be punishable with reclusion perpetua or life imprisonment or death at the time of the
commission but no longer so at the time of the application for bail.
2. If the offense was not yet punishable with reclusion perpetua or life imprisonment or death when the
crime was committed but already so at the time admission to bail was applied for.
Similarly, if such penalty is not likely to be imposed on account of the attendance of mitigating circumstances,
the crime falls not under the category of a capital offense for purposes of bail.

SEC. 7. Capital offense or an offense punishable by reclusion perpetua or life imprisonment, not bailable.
No person charged with a capital offense, or an offense punishable by reclusion perpetua or life
imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the stage of the
criminal prosecution.

Reason for the rule. The denial of bail in capital offenses is on theory that the proof being strong, the
defendant would flee, if he has the opportunity, rather than face a verdict in court.

SEC. 8. Burden of proof in bail application. At the hearing of an application for bail filed by a person
who is in custody for the commission of an offense punishable by death, reclusion perpetua, or life
imprisonment, the prosecution has the burden of showing that evidence of guilt is strong. The evidence
presented during the bail hearing shall be considered automatically reproduced at the trial, but upon
motion of either party, the court may recall any witness for additional examination unless the latter is
dead, outside the Philippines, or otherwise unable to testify.

Burden of proof.
At the hearing of the application for bail, the burden of showing that the case falls under the exception is on the
prosecution.

Marcos vs. Cruz, 67 Phil. 82- The mere filing of the information does not raise the presumption of guilt or destroy
the presumption of defendants innocence, so that when a person accused of a capital offense asks to be
admitted to bail before conviction, the burden of proof lies, not to him, but on the prosecution to show that he
is not bailable.

Hearing for bail application.
As the grant of bail becomes a matter of judicial discretion on the part of the court, a hearing, mandatory in
nature is required with the participation of both the defense and a duly notified representative of the
prosecution, this time to ascertain whether or not the evidence of guilt is strong for the provisional liberty of
the applicant.

Basco vs Rapatalo,- The absence of objection from the prosecution is never a basis for granting bail to the
accused. It is the court's determination after a hearing that the guilt of the accused is not strong that forms the
basis for granting bail. Respondent Judge should not have relied solely on the recommendation made by the
prosecutor but should have ascertained personally whether the evidence of guilt is strong. After all, the judge is
not bound by the prosecutor's recommendation.

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In the light of the applicable rules on bail and the jurisprudential principles just enunciated, this Court
reiterates the duties of the trial judge in case an application for bail is filed:
1. Notify the prosecutor of the hearing of the application for bail or require him to submit his
recommendation (Section 18, Rule 114 of the Rules of Court as amended);
2. Conduct a hearing of the application for bail regardless of whether or not the prosecution refuses to
present evidence to show that the guilt of the accused is strong for the purpose of enabling the court to
exercise its sound discretion (Sections 7 and 8, supra);
3. Decide whether the evidence of guilt of the accused is strong based on the summary of evidence of the
prosecution (Baylon v. Sison, supra);
4. If the guilt of the accused is not strong, discharge the accused upon the approval of the bailbond.
(Section 19, supra). Otherwise, petition should be denied.

Nature of hearing.
Siazon vs The Presiding Judge of the Circuit Criminal Court, G.R. No. L-34156- - Neither under the old nor under the new
Rules is there any specific provision defining what kind of hearing it should be, but in the cases of Herras
Tehankee vs Director of Prisons and Ocampo vs. Bernabe, it was stated that the hearing should be summary or
otherwise in the discretion of the court.
Summary hearing- such brief and speedy method of receiving and considering the evidence of guilt as is
practicable and consistent with the purpose of the hearing which is merely to determine the weight of
the evidence for purposes of bail

Right of prosecution to present evidence.
A proper exercise of judicial discretion requires that the evidence of guilt be submitted to the court with the
petitioner having the right of cross-examination and to introduce his own evidence in rebuttal.

People vs. San Diego, 26 SCRA 522- If the prosecution should be denied such an opportunity, there would be a
violation of procedural due process, and the order of the court granting bail would be considered void on that
ground.

The evidence presented during the bail hearings are considered automatically reproduced at the trial
This provision underscores the difference between the hearing for purposes of the petition for bail and the trial
on the merits.

The court may recall any witness for additional examination unless the latter is dead, outside the
Philippines, or otherwise unable to testify.



SEC. 9. Guidelines for the amount of bail

-financial capacity of the accused
-nature and circumstances of the offense
-penalty for the offense
-character and reputation of the accused
-age and wealth of the accused
-weight of the evidence against the accused
-probability of the accused appearing at the trial
-forfeiture of other bail
-the fact that the accused was a fugitive when arrested
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-pendency of other cases where the accused is on bail

*the main factor in imposing the amount of bail is the probability of the accuseds appearance before the
court during his trial.

Excessive bail is not allowed
-the amount of bail solely depends on the discretion of the judge, but it shall not be more than
the amount necessary to secure the presence of the accused during his trial.

When is the bail considered excessive?
-when it is higher than that reasonably calculated to insure that the accused will appear before
the court during his trial and possible conviction

SEC. 10, corporate surety
-any foreign or domestic company licensed as a surety may provide bail by a bond subscribed jointly by
the accused and the duly authorized agent of the said company

What are professional bondsmen?
-a person habitually engaged in the business of furnishing bonds in civil actions or for persons arrested
or detained for prosecution in exchange for interest or premium.

SEC. 11, Property Bond

What is a property bond?
-an undertaking where in the accused will post his bail by giving the trial court a legal claim on a
certain property he owns. Such property will serve as a security for the amount of the bail.

How is it done?
1. The accused will inform the court that he will post bail through property bond.
2. Within ten days after approval, the accused shall annotate the courts lien over his property on the
certificate of title in the Registry of Deeds where the property is situated.
3. Within the same period, the accused shall submit to the court his compliance and his failure to do
so will result to the cancellation of the bail and his rearrest.
*the bailee must be the owner of the property, otherwise the court may refuse to accept the
property bond

SEC. 12, Qualifications of sureties in property bonds

-must be a resident owner of the property within the Philippines
-if there is only one surety, the worth of the property must be worth at least the amount of the bail
-if there is more than one surety, the aggregate amount must be equivalent to the amount of the bail
demanded

*in all cases, every suretys net worth must be worth the amount of the bail, including the deductions
from debts, obligations and properties exempt from execution

SEC. 13, justification of sureties

-the surety shall give an affidavit before the court stating that he was able to satisfy all qualifications
stated in section 12 of the present rule.
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-he shall describe the property encumbered as security
-he shall state the nature of his title along with its encumbrances
-he shall state the number and amount of other bails entered into by him and his other liabilities
-the court may examine first the sureties regarding their sufficiency and no bail shall be approved unless
the surety is qualified

SEC. 14. Deposit of Cash Bail
The accused or any person acting in his behalf may deposit in cash with the nearest collector of internal revenue
or provincial, city, or municipal treasurer the amount of bail fixed by the court, or recommended by the prosecutor who
investigated or file the case. Upon submission of a proper certificate of deposit and a written undertaking showing
compliance with the requirements of section 2 of this Rule, the accused shall be discharged from custody. The money
deposited shall be considered as bail and applied to the payment of fine and costs while the excess, if any, shall be
returned to the accused or to whoever made the deposit.

NAUI vs MAURICIO, Sr., 414 SCRA 11
A judge is not one of those authorized to receive a deposit of cash bail; nor should such cash be kept in the judges office,
much less in his own residence.

SEC. 15. Recognizance
Whenever allowed by law or these Rules, the court may release a person in custody on his own recognizance or
that of a responsible person.

Instances when an arrested person may be released on a recognizance:
1. When he is in custody for a period equal to or more than the minimum of the principal penalty prescribed for the
offense charged.

2. Violation of city or municipal ordinance, a light felony or an offense the prescribed penalty for which is not higher than
6 months imprisonment or a fine of 2,000 pesos, but is not exempted from posting a bail.

3. When accused applies for probation and no bail was filed of that he is incapable of filing one.

4. Where a child under the age of 18 years be under detention.

5. In summary procedure.

SEC. 16. Bail, when not required; reduced bail or recognizance.
No bail shall be required when the law or these Rules so provide.
When a person has been in custody for a period equal to or more than the possible maximum imprisonment
prescribed for the offense charged, he shall be released immediately, without prejudice to the continuation of the trial or
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 imprisonment.
A person in custody for a period equal to or more than the minimum of the principal penalty prescribed for the
offense charged, without application of the Indeterminate Sentence Law or any modifying circumstance, shall be released
on a reduced bail or on his own recognizance, at a discretion of the court.

Cases where bail is not required:
1. Under R.A. No. 6036
2. In cases covered by the Rule on Summary Procedure
3. Article 29 of RPC
4. in certain cases filed with the MTC or MCTC.

SEC. 17. Bail, where filed.
a. Bail in the amount fixed may be filed with the court where the case is pending, or in the absence or unavailability of the
judge thereof, with any regional trial judge, metropolitan judge, municipal trial judge, or municipal circuit trial judge in
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the province, city, or municipality. If the accused us arrested in a province, city or a municipality other than where the
case is pending, bail may be filed with any RTC of the said place, or if no judge thereof is available, with any metropolitan
judge, municipal trial judge, or municipal circuit trial judge therein.
b. Where the grant of bail is a matter of discretion, or the accused seeks to released on a recognizance, the application
may be filed only in the court here the case is pending on trial or appeal.
c. 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.

SEC. 18. Notice of application to the prosecutor.
In the application for bail under section 8 of this Rule, the court must give reasonable notice of the hearing to the
prosecutor or require him to submit his recommendation.

PEOPLE vs RABA, 130 Phil 384
Such notice is necessary because the burden of proving that the evidence of guilt is strong is on the prosecution
and that the discretion of the court in admitting the accused on bail can only be exercised after the fiscal has been heard
regarding the nature of the evidence in his possession.

PEOPLE vs DACUDAO, 170 SCRA 489
Certain guidelines in the fixing of a bailbond call for the presentation of evidence and reasonable opportunity for the
prosecution to refute it. Among them are:
The nature and circumstances of the crime
Character and reputation of the accused
The weight of the evidence against the accused
The probability of the accused appearing on the trial
Whether or not the accused is fugitive from justice
Whether or not the accused is under any bond in other cases
It is highly doubtful if the trial court can appreciate these guidelines in an ex-parte determination where the fiscal is
neither present nor heard.

PEOPLE vs SAN DIEGO, 26 SCRA 522
The courts order granting or refusing bail must contain a summary of the evidence for the prosecution followed
by its conclusion whether or not evidence of guilt is strong. An order granting bail to a defendant is defective in form and
substance if it does not contain summary of the evidence presented by the prosecution. Being thus defective in form and
substance, the order cannot be allowed to stand.

SEC. 19. Release on bail- The accused must be discharged upon approval of the bail by the judge with whom it was
filed in accordance with section 17 of this Rule.
Whenever bail 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, which may, for
good reason, require a different one to be filed.
Upon approval of the bail by the judge, the accused must be discharge
An officer who fails or refuses to release him from the detention notwithstanding the approval by the proper
court of his bail bond may be held liable under Art. 126 for the delaying the release.

SEC. 20. Increase or reduction of bail- After the accused is admitted to bail, the court may, upon good cause, either
increase or reduce its amount. When increased, the accused may be committed to custody if he does not give bail in the
increased amount within a reasonable period. An accused held to answer a criminal charge, who is released without bail
upon filing of the complaint or information, may, at any subsequent stage of the proceedings and whenever a strong
showing of guilt appears to the court, be required to give bail in the amount fixed, or in lieu thereof, committed to
custody. (20a)
Increase or reduction of bail discretionary
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o Along with the power to grant bail in bailable cases is its discretion to fix the amount thereof and to
increase and reduce the same.
o The question of whether bail is excessive is for the court to determine. (Villasenor vs Abano, 21 SCRA
312)
o Where accused has been in the custody for a period equal to or more than the minimum of the principal
penalty prescribed for the offense, without application of ISLAW or any modifying circumstances, the
rules command his release on a reduced bail or on his own recognizance.
o Guidelines provided for section 9 of rule 114 in fixing the amount of bail are also applicable.
NOTE: Where the offense is bailable, the mere probability that the accused will escape or if he had previously
escaped while under detention does not deprive him of his right to bail. The remedy is to increase the amount of
bail, provided the amount is not excessive.

SEC. 21. Forfeiture of bail- When the presence of the accused is required by the court or these Rules, his bondsmen
shall be notified to produce him before the court on a given date and time. If the accused fails to appear in person as
required, his bail shall be declared forfeited and the bondsmen given thirty (30) days within which to produce their
principal and to show cause why no judgment should be rendered against them for the amount of their bail. Within the
said period, the bondsmen must:
(a) produce the body of their principal or give the reason for his non-production; and
(b) explain why the accused did not appear before the court when first required to do so.
Failing in these two requisites, a judgment shall be rendered against the bondsmen, jointly and severally, for the amount
of the bail. The court shall not reduce or otherwise mitigate the liability of the bondsmen, unless the accused has been
surrendered or is acquitted. (21a)
Liability of bondsmen- When the presence of the accused is required by the court or these Rules, his bondsmen
shall be notified to produce him before the court on a given date and time. If the accused fails to appear in person
as required, his bail shall be declared forfeited and the bondsmen given thirty (30) days within which to produce
their principal and to show cause why no judgment should be rendered against them for the amount of their bail.
To justify exemption from liability on a bail bond or reduction thereof two requisites must be satisfied:
o Production or surrender of the person of the accused within 30 days from notice of the order of the court
to produce the body of the accused or giving reasons for its non-production
o Satisfactory explanations for the non appearance of the accused when first required by the trial court to
appear.
(People vs Cabanero, 22 SCRA 52)
Sureties must be heard- Implicit in this procedure is the requirement that the bondsmen are entitled to be heard
and to plead such defense or explanation they deem apposite in abatement of their liability under their
undertaking
Requisites for exoneration-
o Production or surrender of the person of the accused within 30 days from notice of the order of the court
to produce the body of the accused or giving reasons for its non-production
o Satisfactory explanations for the non appearance of the accused when first required by the trial court to
appear.
These requisites are cumulative and must be both satisfied
Sufficiency of bondsmens explanation- the question of whether or not the explanation of the bondsmen for
their failure to produce the accused is satisfactory is addressed to the discretion of the court.
o Courts are liberal in accepting the explanation of the bondsmen provided the body of the defendant is
produced.
Courts may mitigate liability- the court has no discretion to reduce or otherwise mitigate the liability of the
bondsmen except when the accused has been surrendered or acquitted.

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SEC. 22. Cancellation of bail- Upon application of the bondsmen, with due notice to the prosecutor, the bail may
be cancelled upon surrender of the accused or proof of his death. The bail shall be deemed automatically cancelled
upon acquittal of the accused, dismissal of the case, or execution of the judgment of conviction.
In all instances, the cancellation shall be without prejudice to any liability on the bail.

In order to be relieved from the obligation contracted by them by virtue of their bond, a judicial order relieving the
bondsmen of their liability is necessary
Upon application of the bondsman with due notice to the prosecutor, upon surrender of the accused or proof of
his death.
Upon acquittal of the accused
Upon dismissal of the case
Execution of judgment of conviction

SEC. 23- Arrest of accused out on bail. For the purpose of surrendering the accused, the bondsmen
may arrest him or, upon written authority endorsed on a certified copy of the undertaking, cause him to
be arrested by a police officer or any other person of suitable age and discretion.

An accused released on bail may be re-arrested without the necessity of a warrant if he attempts to
depart from the Philippines without permission of the court where the case is pending.


The bondsman may arrest him
By a police officer
Any other person of suitable age and discretion

US vs Addison: A court with or without application of sureties, has power to order the arrest of the accused
person released on bail if it is shown that he is attempting or planning to escape or is in hiding.

SEC. 24- No bail after final judgment; exception. No bail shall be allowed after the judgment of
conviction has become final. If before such finality, the accused has applies 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. In no case shall bail be allowed after the accused has commenced to serve sentence.

General Rule: The finality of the judgment terminates the criminal proceeding. Bail becomes of no avail

Exeeption:
If the accused filed for probation he may be allowed temporary liberty
No bail was filed
Incapable of filing one

He may be released on recognizance to the custody of a responsible member of the community.

Recognizance

This is an obligation of record entered into before a court or officer duly authorized for that purpose, with a
condition to do act required by law

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Espiritu vs. Javellanos: In case of a youthful offender held for physical and mental examination, trial, or appeal,
if he is unable to furnish bail and under the circumstances envisaged in P.D. 603 as amended

SEC. 25- Court supervision of detainees. The court shall exercise supervision over all persons in
custody for the purpose of eliminating unnecessary detention. The executive judges of the Regional Trial
Courts shall conduct monthly personal inspections of provincial, city, and municipal jails and their
prisoners within their respective jurisdictions. They shall ascertain the number of detainees, inquire on
their proper accommodation and health and examine the condition of the jail facilities. They shall order
the segregation of sexes and of minors from adults, ensure the observance of the right of detainees to
confer privately with counsel, and strive to eliminate conditions inimical to the detainees.

In cities and municipalities to be specified by the Supreme Court, the municipal trial judges or municipal
circuit trial judges shall conduct monthly personal inspections of the municipal jails in their respective
municipalities and submit a report to the executive judge of the Regional Trial Court having jurisdiction
therein.

A monthly report of such visitation shall be submitted by the executive judges to the Court Administrator
which shall state the total number of detainees, the names of those held for more than thirty (30) days, the
duration of detention, the crime charged, the status of the case, the cause for detention, and other pertinent
information.

Section 19(2) Article III, 1987 Constitution: The employment of physical, psychological or degrading punishment
against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall
be dealt by law


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 therefor, 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.


An Application for or admission to bail shall not bar the accused from:
Challenging the validity of his arrest
Legality of the warrant issued thereof, or
From assailing the regularity or questioning the absence of preliminary investigation of the charge
against him provided he raised them before entering his plea.



Zacarias vs. Cruz: This is an entirely new provision and is intended to modify previous ruling of the court that
an application for bail by an accused shall be considered as a waiver of his right to challenge the legality of his
arrest or the absence of preliminary investigation.