A.M. No.

12-11-2-Sc
Guidelines for Decongesting Holding Jails by Enforcing the Rights of Accused Persons to
Bail and To Speedy Trial
1. What are the forms of bail?
The following are the forms of bail:
o Cash or check for the full amount of the bail
o Property worth the full amount of the bail
o A surety bond (that is, a guaranteed payment of the full bail amount)
o A waiver of payment on the condition that the accused appear in court at the
required time (commonly called "release on one's own recognizance").

2. When is bail a matter of judicial discretion?

Bail is a matter of judicial discretion: (a) before conviction by the rtc of an offense
punishable by death, reclusion perpetua, or life imprisonment; and (b) after conviction by
the rtc of an offense not punishable by death, reclusion perpetua, or life imprisonment.
3. How bail is set?
Public prosecutors are responsible for setting bail. The court shall, after finding sufficient
cause to hold the accused for trial, fix the amount of bail the latter may post for his
provisional release, taking into account the public prosecutor’s recommendation.

4. What are considered in setting the amount for bail?

Financial ability of the accused to give bail;
Nature and circumstances of the offense;
Penalty for the offense charged;
Character and reputation of the accused;
Age and health of the accused;
Weight of the evidence against the accused;
Probability of the accused appearing in trial;
Forfeiture of other bonds;
Fact that accused was a fugitive from justice when arrested; and
Pendency of cases in which the accused is under bond.

5. What is the remedy if a person can't afford the amount of bail?

He or she can ask a judge to lower it by filing a “Motion to Reduce Bail Bond”. (Section
3). The accused can also file a petition for bail on the ground that the evidence against
him is not strong, even if he or she is facing a non-bailable offense.

6. Who can process the papers to apply for bail?

Accused, relative of the accused, counsel of the accused. Any person can also process the
posting of a bond in behalf of the accused.

7. Where to get the requirements for posting of a bond?

The requirements are given by the assigned personnel in the office of the clerk of court.

8. What are the requirements for posting a bond?

 The following are the requirements for posting of cash bond. (updated as of march 21,
2017):
 Certified true copy of the information
 Barangay certification with seal
purpose to indicate in the certification: for cash bond/bail bond
 Picture of the accused: 12 pieces with name and case number
 Certificate of detention
 Waiver of appearance
 Id and cedula (community tax certificate) of the respondent/accused
 House sketch with seal

9. What are the proofs of service of notice?

 Return card
 Print out of e-mail and acknowledgment
 Print out of electronic messages
 Reports of call