Bail

Section 1, Rule 14 of the 1985 Rules of Criminal Procedure, 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.
The object of the bail is to relieve the accused of imprisonment and the state
of the burden of keeping him, pending the trial, and at the same time, to put
the accused as much under the power of the court as if he were in custody of
the proper officer, and to secure the appearance of the accused so as to
answer the call of the court and do what the law may require of him.

Kinds of Bail bond:

A. Corporate Surety
Sec 10, Rule 114 provides for the rule in allowing the accused to post a surety
bail bond for his temporary release in the form of a corporate surety. It states
that:
“Section 10. Corporate Surety - Any domestic or foreign
corporation licensed as a surety in accordance with law and
currently authorized to acts as such, may provide bail by a bond
subscribed jointly by the accused and an officer of the corporation
duly authorized by its board of directors.”

Paragraph 1.3.1.5 (d.1), Section E, Chapter VI of the 2002 Revised Manual for
Clerks of Court, outlines the requirements for the approval of bail bonds
posted in the courts, as follows:
(1) Photographs of accused It shall be obligatory on the part of the surety and
bonding companies issuing such bond to attach photographs (face, left and
right profiles), passport size, recently taken of the accused on all of the
corresponding personal bail bond to be issued or posted.
(2) Affidavit of justification The bond shall be accompanied by an affidavit of
justification to include a statement to the effect that the company has no
pending obligation demandable and outstanding in any amount to the
Government or any of its agencies as of the last day of the month preceding
the date the bond is issued or posted.
(3) Clearance from the Supreme Court Every bond shall be accompanied by a
clearance from the Supreme Court showing that the company concerned is
qualified to transact business which is valid only for thirty (30) days from the
date of its issuance.
(4) Certificate of compliance with the Circular from the Office of the Insurance
Commissioner
(5) Authority of agent in case the bond is issued through a branch office or
through an agent, a copy of the authority or power of attorney shall be
submitted to the Clerk of Court for filing, together with the schedule of limits
of its authority.
(6) Current certificate of authority The bond shall be accompanied by a
current certificate of authority issued by the Insurance Commission with the
financial statement (OIC Form No. 1) showing the maximum underwriting
capacity of the company.
In Criminal cases, the following additional documents shall be submitted:
1. Valid ID of the accused
2. Cedula
3. Original copy of the Waiver of Appearance of accused under oath
4. Original copy of the Certificate of Detention
5. Certified True Copy of the Information
6. Certification from the Barangay Captain attesting to the real name of
the accused, his/her actual residence in the Barangay and attaching a
location plan showing the residence of the accused.
All applications for bail/judicial bonds, before their approval by the Judge
concerned, shall be coursed thru the Clerk of Court or his duly authorized
personnel who shall see to it that the bond is in order and the signature of
the bonding officer authentic before affixing his signature thereto. He shall
also indicate therein the outstanding liability of the bonding company, if any,
for the information and guidance of the Court. For this particular purpose,
the Clerk of Court shall keep a file of specimen signature of authorized
bonding officers, to prevent the submission of “fake bail bond.”
B) Property Bail bond
A property bond is an undertaking constituted as lien on the real property
given as security for the amount of the bail
It is now required under Section 10 of Rule 114 that the lien on the property
shall be annotated in the Register of Deeds whether titled or not. It states that
within ten (10) days after the approval of the bond, the accused shall cause
the annotation of the lien on the certificate of title on file with the Registry of
Deeds if the land is registered or if unregistered, in the Registration book on
the space provided therefor, in the Registry of Deeds for the province or city
where the land lies, and on the corresponding tax declaration in the office of
the provincial, city and municipal assessor concerned.
C) Cash Bond
Sec 14, Rule 114 on the Revised Rule on Criminal Procedure provides for
another kind of bond which may be posted by the accused which is the so
called cash bond.

OCA Circular No. 50-9536 provides that all collections from bail bonds, rental
deposits and other fiduciary collections shall be deposited with the Land Bank
of the Philippines by the clerk of court concerned. The deposit must be made
within 24 hours from receipt. In localities where there are no Land Bank of
the Philippines branches, fiduciary collections shall be deposited by the clerk
of court with the provincial, city or municipal treasurer

An official receipt/certificate of deposit must be signed by the Clerk of Court

with photograph of the accused which should be presented to the Court.
(2002 Revised Manual for Clerks of Court)