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Title V - E. Bail - Rule 114 - Coggle Diagram
Title V - E. Bail - Rule 114
Bail before Detention
- generally, the right to bail is available for anytime so long as under the custody of the law. (Redondo v. Dimaano)
Denial of Bail
- Cases where bail is denied before issuance of warrant of arrest i.e. evidence of guilty (Leviste v. CA)
Bail denied when evidence of guilt is strong. This is determined by the judge in the course of the application for bail. Question of denying bail prior to bail applications.
When court determines probable cause for issuance of warrantless arrest, it can evaluate the evidence of guilt w/n strong at the same time. (Enrile)
REVISED RULES ON CONTINUOUS TRIAL
Bail After Filing of Information
- Shall be set for summary hearing after arraignment and pre-trial
Period for Resolution
- Petition for bail heard and resolved within a non-extendible period of (30) days from the date of the first hearing.
Exception
- Drug cases which shall be heard and resolved within (20) calendar days without need of oral arguments, submission of memo,
Motion for Reconsideration
- On resolution of petition for bail resolved within (10) calendar days from date of submission of the motion, non-extendible.
Probable Cause
- An application for bail does not affect the finding of probable cause. It may be filed even before a warrant of arrest has been issued. (Redondo)
Bail after issuance of warrant prior to arrest
- A person can submit themselves to custody.
Bail pending appeal -
Generally, the trial court after promulgation of judgment can allow the same bail to persist pending appeal.
Exception
- when the original charge was changed from bailable to non-bailable after conviction. At this point, bail issue should be resolved with the appellate court. (Leviste v. CA)
NOT YET CHARGED -
Bail only requires that a person be in custody of the law. Thus, a person detained but not yet charged may avail of the right to bail. (Ruiz v. Beldia, RoC 114 S. 17)
General Rule - Matter of Right
- at every stage of the case before final conviction by the RTC when the imposable penalty is below RP or Life imprisonment where the evidence of guilt is strong.
Exception - Matter of Discretion
Non-Bailable Offense Evidence of Guilt is strong
Capital offense or an offense punishable by reclusion perpetua or life imprisonment, not bailable
. – No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment,
shall be admitted to bail when evidence of guilt is strong
, regardless of the state of the criminal prosecution.
In non-bailable offenses
- accused can be detained outside of jail due to valid reasons. (Ocampo v. Abendo)
Grant of Bail without application -
Based off of Ocampo, yes.
EVIDENCE OF GUILT IS STRONG
- Need not be proof beyond reasonable doubt. Subject to judicial discretion, but the judge must clearly state facts which support conclusion of evidence of guilt. (People v. Cabral)
BURDEN OF PROOF
(RoC 114 S. 8) - On the Prosecution.
RTC judgment of Conviction
- regardless of penalty imposable.
Rationale
- Because presumption of innocence is overturned. Grant of Bail is discretionary here. (Leviste v. CA)
Bail-Negating Circumstances
- may be considered in the grant of bail.
WHERE PENALTY IS RP or HIGHER (People v. Nitcha)
- Bail must be denied as evidence of guilt is strong.
When Bail not available
(114 S. 24)
Military (Comendador v. de Villa)
- Right to bail is not recognized in the military. This is because of its unique structure.
Deportation
Hold departure order
- can only be issued after motion before the first level courts. Not an automatic issuance. Here, absolute prohibition from leaving the country. Always judicial in nature, as a restraint to travel.
HDO by DoJ
- watch-list order. Case is pending preliminary investigation. HDO is issued pursuant to the watch-list order. DoJ cannot prevent you from leaving the country under the law. But, can make it difficult for you to leave the country by providing additional requirements.
Precautionary Hold Departure
- remedy to DoJ watch-list. Here, DOJ cannot prevent by themselves. They must apply with the RTC courts for a precautionary HDO.
Final judgment of conviction
- No bail shall be allowed after a judgment of conviction has become final.
Exception
- If before such finality, the accused applies for probation, he may be allowed temporary liberty under his bail. When no bail was filed or the accused is incapable of filing one, the court may allow his release on recognizance to the custody of a responsible member of the community
BEGINS SENTENCE
- When the accused begins to serve his sentence.
Recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteracion
Previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without valid justification
Committed the offense while under probation, parole, or conditional pardon
Circumstances of his case indicate the probability of flight if released on bail
There is undue risk that he may commit another offense during the pendency of the appeal
Extradition (Government of the United States of America v. Purganan)
Bail may be granted as a matter of discretion if:
That, once granted bail, the applicant will not be a flight risk or a danger to the community;
That there exist special, humanitarian and compelling circumstances including, as a matter of reciprocity, those cited by the highest court in the requesting state when it grants provisional liberty in extradition cases therein.
BAIL NOT REQUIRED
PROLONGED CUSTODY (114 S. 16)
- Person has been in custody for a period equal to or more than the possible maximum imprisonment prescribed for the offense charged shall be released immediately.
DESTIERRO
(Rule 114 S. 16) - Accused shall be released after (30) days of preventive imprisonment.
JUDGE DEEMS ARREST NOT NECESSARY (RoC 112 S. 8b)
- Offense not requiring a PI where judge deems arrest not necessary. Thus, no need for bail.
LIGHT FELONY (RA 6036)
- If person charged with violation of ordinance or felony with a prescribed penalty of not higher than (6) months or fine of P2k if it is established that he is unable to post cash required or bond.
EVIDENCE OF GUILT IS STRONG (San Miguel v. Maceda) -
Not a grounds for denial of bail when it is a matter of right. Instead, remedy is to fix a higher amount.
Concept of Bail
- Refers to the security given for the release of a person in custody of the law. Purpose is to guarantee the appearance of the accused at trial. (Enrile v. Sandiganbayan)
Application for Bail Process
(Sec. 9)
Hearing (Extra Excel Intl. v. Cajigal)
- Mandatory, regardless if bail is a matter of right or discretion so that Court may fix the amount of bail.
Matter of Discretion
- Here, prosecution must establish if the evidence of guilt is strong.
Has option of Examining witnesses on direct or adopting their affidavits from preliminary investigation.
Time
- Within 48 hours of hearing, Court shall issue an order with the complete summary of evidence presented. (People v. Cabral)
Accused own Evidence
- May submit evidence in support of his motion the affidavits of witnesses attesting to his innocence.(AM 12 11 12 Sec. 6)
Both sides may allow counsels to examine respective witnesses.
EVIDENCE PRESENTED (114 S. 8) -
During bail hearings are automatically reproduced during trial. Witnesses may be recalled upon motion of either party for additional examination unless otherwise unable to testify.
Matter of Right
- Here, prosecution may submit evidence to contest the amount of the bail set.
Bail Once Granted
(Sec. 2)
Presence of the Accused
-
GR
- Accused need not be in court after bail has been granted.
Exceptions
:
(1) Arraignment;
(2) Promulgation of Judgment;
(3) Identification purposes
Period of Bail
- bail shall remain valid and effective at all stages until the determination of RTC.
BAIL AFTER CONVICTION BY RTC
- Here, a new bond must be posted or bondsman must consent to continue the same bond.
WHERE FILED (114 S. 5)
- If the notice of appeal has not been transmitted to the appellate court, then trial court may act upon the application for bail. Otherwise, application for bail must be with the appellate court.
1 more item...
UPON JUDGMENT (Maguddatu v. CA)
- The bail bond that the accused previously posted can only be used during the 15-day period to appeal (Rule 122) and not during the entire period of appeal
Cancellation of Bail
Death
- Upon application of the bondsmen, with due notice to the prosecutor, the bail may be cancelled upon surrender of the accused or proof of his death
Dismissal
of the case
Acquittal
of the accused
Execution
of final judgment
REMEDIES
- Appropriate remedy is a motion to review with the regular appeal proceedings, not a certiorari. (Chua v. CA)
Forfeiture of Bail
Motion to Summon
- When accused fails to appear in person when required by court, prosecution makes motion to summon the accused and forfeiture of the bail.
30 Day Period
- Bondsman has 30 days to produce the accused.
3 more items...
Increase of bail
- there must be a basis for the court to increase the bail.
If accused does not give the increase, he will be committed back to custody.
FORMS OF BAIL
REMEDIES FOR DENIAL OF BAIL
Matter of discretion
- Certiorari 65 - grave abuse of discretion in denial of the bail.
Contesting Amount of Bail
-
GR - no appeal can be filed as to the amount of bail
XCPN - when accused does not have the financial ability to post bail fixed, he can move for reduction via submitting documents and affidavits to reduce the bail.
Matter of right
- may file mandamus to compel the judge to grant. Or, may file a writ of habeas corpus because wrongful detainment
4. Recognizance
- Whenever allowed by law or these Rules, the court may release a person in custody on his own recognizance or that of a responsible person
Recognizance
- bail may be granted upon recognizance by a responsible person. (Sec. 15)
Remedy
- against the recognizance person, penalty of (6) months to (2) years imprisonment that may be imposed against custodian. (RA 10389)
1. Corporate Surety (114 S. 10)
- Any domestic or foreign corporation which is licensed as a surety may provided bail by a bond subscribed jointly by the accused and an officer of the corporation duly authorized by its board.
2. Property Bond -
An undertaking constituted as a lien on the real property given as a security for the amount of bail. Accused must annotate on the TCT within (10) days from approval. If unregistered on the Registration Books in the same. Registration must also be in the corresponding tax declaration in the assessor. Accused must submit compliance within (10) days from performance of the above acts. Otherwise, grounds for cancellation of bond.
3. Cash Deposit (RoC 114 S. 14)
- Cash deposit made with collector of internal revenue, treasurer or clerk of court where the case is pending. Discharged upon submission fo certificate of deposit + written undertaking compliance with teh RoC. Money deposited is bail and applied to payment of fines and costs.
Mandatory Hearing (Enrile v. Sandiganbayan)
A bail hearing is mandatory even if the accused has not filed an application for bail or the prosecutor already recommends an amount for bail. Note that this refers to cases where bail is a matter of discretion but under the rules mandatory regardless.
BAIL HEARING v. OTHER HEARINGS (Jorda v. Bitas) -
Bail hearing is different from the hearing to determine probable cause. The latter is a pre-condition for the former and the two cannot be held simultaneously.
OFFENSES PUNISHED WITH RP (Narciso v. Santa-Romana Cruz)
- Bail cannot be granted here without giving notice to prosecutor of the hearing and requiring him to submit recommendations.
Where Filed
-
GR
- Where the case is pending.
XCPN
- Where the accused is held - when there is no charge in court yet (Example: Arrested in a rally)
Absence of Judge
- in the absence of the judge that issued the warrant of arrest, accused may go to any judge within the municipality where the case is pending.
Arrest other than province
- If arrested in a place other than the case is pending, bail may be filed before the RTC Judge of that court.
Not there -
If RTC judge not there, then first level court of that municipality.
Generally, accused must wait for arrest before they can file for bail so long as the warrant of arrest has been issued and they have not been arrested yet.
EFFECT OF FILING OF CASE (114 S. 19) -
Judge who accepted the bail must forward it + release order + other supporting papers to said court who may require a different one to be filed for good reason.
WHO FURNISHES BAIL (RoC 114 S.1)
- The applicant himself or the bondsman
Contents of Bail (Sec. 2)
-
The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all stages of the case until promulgation of the judgment of the Regional Trial Court, irrespective of whether the case was originally filed in or appealed to it;
The accused shall appear before the proper court whenever required by the court of these Rules;
The failure of the accused to appear at the trial without justification and despite due notice shall be deemed a waiver of his right to be present thereat. In such case, the trial may proceed in absentia; and
The bondsman shall surrender the accused to the court for execution of the final judgment.
CUSTODY OF THE LAW
- Bail only requires custody of the law. This means that it may be granted even if Court has no jurisdiction over the person of the accused. Custody of the law means literal custody of the body of the accused. (Miranda v. Tuliao)
NON-WAIVER
- application of bail is not a bar to questioning illegality of arrest or irregular preliminary investigation. (Rule 114 Sec. 26)
DETENTION (Defensor-Santiago v. Vasquez) -
Custody of the law can cover accused who is confned in a hospital where they clearly communicate submission to the court.
DEPOSIT (Rule 114 Sec. 14)
- Money deposited for bail is not intended to cover civil liability. However, may be applied to the payment of fines and costs. Excess shall be returned to accused or whoever made the deposit.
Rule on Procedure in Environmental Cases
Where Filed
- Same procedure as the normal bail. (AM-09-6-8)
Court
- must read the information to the accused. Accused must sign certain undertakings.
Difference
- if the accused fails to appear on the date of the arraignment, the court can conduct trial in absentia.
There, accused undertakes to appear before the court before arraignment. If fail to do so, trial in absentia.
Preventive Suspension
Accused being a public officer, preventively suspended even before arraignment by nature of their office. (Binay case)