Laws & Jurisprudence
RIGHT TO BAIL
6:42 AM
Q: What is bail?
A: Under the Rules of Court it is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions prescribed under the rules (Sec. 1, Rule 114).
Q: What is the nature of the right to bail?
A: The right to bail is a constitutional right which flows from the presumption of innocence in favor of every accused who should not be subjected to the loss of freedom. Thus, the right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that the accused is under legal custody (Paderanga v. Court of Appeals, 247 ACRS 741)
Q: What are the purposes of bail?
A:
1. To relieve an accused from the rigors of imprisonment until his conviction and yet secure his appearance at the trial (Almeda v. Villaluz GR No L31665, August 6, 1975);
2. To honor the presumption of innocence until his guilt is province beyond reasonable doubt;
3. To enable him to prepare his defense without being subjected to punishment prior to conviction
Q: When is bail a matter of right?
A:
In the MTC, it is a matter of right before or after conviction, regardless of the offense. In the RTC, GR: it is a matter of right before conviction,
EXCEPTIONS: offenses punishable by death, reclusion perpetua, or life sentence and the evidence of guilt is strong, in which case it is discretionary.
Note: The prosecution cannot adduce evidence for the denial of bail where it is a matter of right. However where the grant of bail is discretionary, the prosecution may show proof to deny the bail.
Q: When the accused is entitled as a matter of right to bail, may the court refuse to grant him bail on the ground that there exists a high degree of probability that he will abscond or escape?
A: No. What the court can do is to increase the amount of bail. One of the guidelines that the judge may use in fixing a reasonable amount of bail is the probability of the accused appearing in trial. (Sy Guan v. Amparo, G.R. No. L-1771, Dec. 4, 1947).
Q: When is bail a MATTER OF DISCRETION?
A: Bail is a matter of discretion
1. Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua imprisonment;
2. If or life the penalty of imprisonment exceeds six (6) years but not more than 20 years, bail shall be denied upon a showing by the prosecution, with notice to the accused, of the following or other similar circumstances:
a. That he is a recidivist, quasirecidivist or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration;
b. That he previously escaped from legal confinement, evaded sentence, or has violated the conditions of his bail without valid justification;
c. That he committed the offense while on probation, parole, or under conditional pardon;
d. That the circumstances of his case indicate the probability of flight if released on bail; or e. That there is undue risk that during the pendency of the appeal, he may commit another crime (Sec. 5).
3. Regardless of the stage of the criminal prosecution, a person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, when EViDENCE OF GUILT IS NOT STRONG (Sec. 7); and
4. Juvenile charged with an offense punishable by death, reclusion perpetua or life imprisonment evidence of guilt is strong (Sec. 17, A.M. No. 02-1-18-SC).
Q: What is the remedy of the accused when bail is discretionary?
A: When bail is discretionary, the remedy of the accused is to file a petition for bail. Once a petition for bail is filed, the court is mandated to set a hearing. The purpose of the hearing is to give opportunity to the PROSECUTION TO PROVE that the evidence of guilt is strong. If STRONG, bail will be denied. If WEAK, the bail will be granted.
Q: Who has the burden of proof in bail applications?
A: It is the prosecution who has the burden of showing that evidence of guilt is strong at the hearing of an application for bail filed by a person who is charged for the commission of a capital offense or offense punishable by reclusion perpetua or life imprisonment (Sec. 8, Rule 114).
The author takes no responsibility for the validity, correctness and result of this work. The information provided is not a legal advice and it should not be used as a substitute for a competent legal advice from a licensed lawyer. See the disclaimer
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