Rules of Courts 114

Sections 9-15
THE JUDGE SHALL FIX A REASONABLE
AMOUNT OF BAIL CONSIDERING
PRIMARILY, BUT NOT LIMITED TO
THE FOLLOWING:
a) Financial ability of the accused to give bail
b) Nature and circumstances of the offense
c) The penalty for the offense charged
d) Character and reputation of the accused
e) Age and health of the accused
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 accused was a fugitive from
justice when arrested; and
j) Pendency of other cases where the
accused is on bail
WHO POSTS CORPORATE SURETY?
Any domestic or foreign corporation
Licensed as surety in accordance
with law
And currently authorized to act such

HOW?
- Subscribed jointly by the accused and
an officer of the corporation duly
authorized by the board of directors
PROPERTY BOND
-It is an undertaking constituted as a
lien on the real property given as a
security for the amount of bail.
HOW POSTED:
Within 10 days after the approval of
the bond, the accused shall annotate
the lien on the certificate of title with
the Registry of Deeds and on the
corresponding tax declaration in the
office of provincial, city and municipal
assessor concerned.
FAILURE OF COMPLIANCE:
Shall be a sufficient cause for
cancellation of the property bond and
his re-arrest and detention.
QUALIFICATIONS:
a) Each must be a resident owner of real estate
in the Philippines.
b) Where there is only one surety, his real
estate must be worth at least the amount of
the undertaking
c) If there are two or more sureties, each may
justify in an amount less than that expressed
in the undertaking but the aggregate of the
justified sums must be equivalent to the
whole amount of bail demanded.
Every surety must be worth the
amount specified in his own
undertaking over and above all just
debts, obligations and properties
exempt from execution.
 Affidavit taken by the judge
Qualifications prescribed in the preceding
section
Described the property given as security
Stating the nature of his title
Encumbrances
Number and amount of the other bails
entered into by him and still undischarged
Other liabilities
 The court may examine the sureties
upon oath concerning their
sufficiency in such manner as it may
deem proper
No bail shall be approved unless the
surety is qualified.
 The accused or any person acting in his behalf
May deposit in cash with the nearest collector
on internal revenue or provincial, city or
municipal treasurer the amount of bail fixed by
court, or recommended by the prosecutor who
investigated or filed the case.
Upon submission of the certificate deposit
And a written undertaking, showing compliance
with the requirements of section 2 of this Rule
The accused will 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.
Whenever allowed by law, or the
Rules, the court may release a person
in custody to his own recognizance or
that of a responsible person.
 RECOGNIZANCE is an obligation of
record, entered into before some
court or magistrate duly authorized
to take it, with the condition to do
some particular act, the most usual
condition in criminal cases being the
appearance of the accused for trial.
(People vs Abner, 87 phil. 566,569)