Rule 114

Question 1

What is Bail

Answer 1

Paderanga v. CA

Question 2

Types of Bail

Question 3

Purpose of Bail

Question 4

Conditions of Bail

Question 5

Instances where person in detention can be released

Answer 5

1. Order of Court
2. Admitted to Bail.

Question 6

When bail is discretionary

Answer 6

LDR
Upon convivtion of offenses not punishable by LDR
L- Life Imprisonment
D- Death
R- Reclusion Perpeta

Question 7

Rule on bail in People v. Padua

Answer 7

Indeed, a person applying for admission to bail must be in the custody of the law or otherwise deprived of his liberty. A person who has not submitted himself to the jurisdiction of the court has no right to invoke the processes of that court.

Question 8

Exception to the rule on bail in Ppl. v. Padua

Answer 8

However, applying also the same pronouncement in Tuliao, the Court also held therein that, “in adjudication of other reliefs sought by accused, it requires neither jurisdiction over the person of the accused, nor custody of law over the body of the person.” Thus, except in applications for bail, it is not necessary for the court to first acquire jurisdiction over the person of the accused to dismiss the case or grant other relief.

Question 9

When can Bail be denied?
(Bail Negating Factors)

Answer 9

1. imprisonment beyond 6 yrs
2. Recidivist
3. Escaped
4. Under probation/parole
   5.Probability of Flight
5. Undue risk that may commit crime again

Question 10

Rule re Bail Negating Factors

Answer 10

(Leviste v. CA) Even if BNF are absent, appellate’s denial of bail pending appeal does not constitute abuse of discretion

Question 11

Where to question cancellation/revokation of bail?

Answer 11

Court of Appeals via special civil action

note: may only be aavailes if no pending appeal or anu remedy under the ordinary course of law (Chua v. CA)

Question 12

What is a capital offense?

Answer 12

R114 Sec 16
- an offense which under the law existing at that time of commission and application for bail may be PUNISHED WITH DEATH

Question 13

When should bail be deinied? (CRS)

Answer 13

C- Capital Punishment
R- Reclusion Perpetua
S- Strong Evidence of Guilt

Question 14

How to determine if Capital offense?

Answer 14

Rule 114 Sec 5
determined by the penalty prescribed by law at the time of commission

Question 15

What evidence of guilt means in Constitution?

Answer 15

• refers to finding of INNOCENCE or CULPABILITY regardles of modifying circumstances (Bravo v. Borja)

Question 16

Reason why Right to bail is not available for accused charged with capital offense?

Answer 16

Bravo v. Borja

Because he has particularly STRONG TEMPTATION TO FLEE.

Question 17

WHO HAS THE BURDE OF PROOF IN BAIL APPLICATION hearing?

Answer 17

THE PROSECUTION HAS BURDEN TO SHOW STRONG EVIDENCE OF GUILT (SEOG)

Question 18

DUTIES OF A JUDGE ONCE AN APPLICATION FOR BAIL IS FILED

Answer 18

N-C-D-D
N- Notify prosecutor of hearing
C- Conduct Hearing
D- decide wether guilt is strong based on summary of evidence of prosecution
D- Discharhe upon approval of bail bond if guilt of accused is not strong

Question 19

IS HEARING on application of bail MANDATORY?

Answer 19

Yes. whether bail is a matter of right or discretion. (Gacal v. Infante)

Question 20

CAN A JUDGE MERELY RELY ON THE AFFIDAVITSFOR THE GRANTING OF BAIL?

Answer 20

NO. SUPPORTING AFFIDAVITS are only intended to establish probable cause, NOT TO DENY GRANTING of BAIL or CONTROL DISCRETION (Aurillo v. Francisco)

Question 21

Guidelines in Fixing Bail

FFACPNPWFF

Answer 21

Accused’s FFACP
Fact if Fugitive or not
Financial Ability
Age and Health
Character and Reputation
Probability to appear in trial

Offense’s
N- Nature and Circumstance
P- Penalty
W- Weight of evidence
F- Forfeiture of other bail
F- pendency of ther cases

Question 22

Rule re execessive bail

Answer 22

Rule 114 Sec 9
Excessive bail shall not be required

Question 23

When is bail not required?

Answer 23

R114, S16, P1
No bail shall be required when the law or these Rules so provide

Question 24

WHEN MAY A PERSON UNDER DETENTION ADMITTED ON BAIL BE RELEASED?

Answer 24

R114, S16, P2

When in custody for a period equal to or more than the possible MAXIMUM IMPRISONMENT PRESCRIBED for offense charged.

If Distierro, 30 days.

Question 25

WHEN IS RECOGNIZANCE ALLOWED?

Answer 25

=>minimum penalty When in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged

Question 26

OTHER Circumstances where RECOGNIZANCE ALLOWED (L-A-Y)

Answer 26

Light felony/violation of ordinance(6 mos or 2kfine) Accused applied for probation, pending resolution of case, but no bail was filed//incapable of filing one Youthful offender if unable to furnish bail and under the circumstances envisaged in P.D. No. 603

Question 27

WHEN IS RECOGNIZANCE ALLOWED under RA 7610?

Answer 27

RA 7610.25 Children Arrested for Reasons Related to Armed Conflict. — Any child who has been arrested for reasonsrelated to armed conflict, either as combatant, courier, guide or spy

Question 28

Where child can be held in custody under recognizance?

Answer 28

custody of the Department of Social Welfare and Development or any responsible member of the community as determined by the court.

Question 29

WHO MUST SIGN THE SWORN STATEMENT IN CASE OF RECOGNIZANCE UNDER RA 6036?

Answer 29

If not by the accused, HIS FATHER.

Question 30

What is the implication of sworn statement was not signed?

Answer 30

It is a clear contravention of the express mandate of the law that the person charged shall sign a sworn statement binding himself to report to the Clerk of Court.

Question 31

Where to file application for bail?

Answer 31

RA 114 S. 17 with the court where the case is pending, or in the absence or unavailability of the judge thereof, with any regional trial judge, metropolitan trial judge,municipal trial judge, or municipal province, city, or municipality.

Question 32

What If the accused is arrested in a province, city, or municipality otherthan where the case is pending?

Answer 32

bail may also be filed with any regional trial court of said place, or if no judge thereof is available, with any metropolitan trial judge, municipal trial judge,or municipal circuit trial judge therein (R114, S17, PA

Question 33

If not yet charged, where to file bail?

Answer 33

with any court in the province, city, ormunicipality where he is held R114, S17, PC

Question 34

WHAT HAPPENS IF BAIL IS APPROVED?

Answer 34

accused must be discharged

Question 35

What happens if bail is filed with a court other than where the caseis pending?

Answer 35

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 (R117,S19)

Question 36

MAY THE AMOUNT OF BAIL BE INCREASED OF REDUCED?

Answer 36

Yes, R114, S20 provides that the court may, upon good cause, either increase or reduce its amount.

Question 37

WHEN MAY THE BAIL BOND BE FORFEITED?

Answer 37

If the accused fails to appear in person as required (Rule 114, S.21)

Question 38

What myst bondsmen do within 30 days after non-appearance?

Answer 38

(a) produce the body of their principal or give the reason for his non-production; (b) explain why the accused did not appear before the court when first required to do so.

Question 39

If 2 requisites not fulfilled, by bodsmen, what will happen?

Answer 39

(R114, S21) judgment shall be rendered against thebondsmen, jointly and severally, for the amount of the bail.

Question 40

IS THE ORDER OF FORFEITURE OF THE BAIL BOND THESAME AS JUDGMENT ON THE BOND?

Answer 40

No. As stated in Mendoza v. Alarma, order of forfeiture of the bail bond is conditional and interlocutory, and is different from a judgment on the bond which is issued if the accused was not produced within the 30-dayperiod. The judgment on the bond is the one that ultimately determines the liability of the surety, and when it becomes final,execution may issue at once.

Question 41

When may bail be cancelled?

Answer 41

(R114, S22) Upon application of the bondsmen, with due notice to theprosecutor, the bail may be cancelled upon SURREDNDER OF THE accused or proof of his DEATH.

Question 42

When may bail be AUTOMATICALLY cancelled?

Answer 42

R114, S22 upon acquittal of the accused, dismissal of the case, or execution judgment of conviction

Question 43

IS BAIL STILL ALLOWED EVEN AFTER A JUDGMENT OF CONVICTION EXECUTORY?

Answer 43

No. R114, S24 provides that No bail shall be allowed after the judgment of conviction has become final.

Question 44

can bail be allowed if accused has started to serve sentencE?

Answer 44

No. In no case shall bail beallowed after the accused has commenced to serve sentence(R114, S24).