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5. Bail - Coggle Diagram
5. Bail
A. Nature
Definition
Bail is the security given for the release of a person in custody of the law.
This is to guarantee his appearance before any court as required under certain conditions.
(Sec. 1, Rule 114, ROC)
Simpler Definition
It is the security given for the temporary release of a person who has been arrested but whose guilt has not yet been proven in court beyond reasonable doubt.
(People v. Escobar)
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Constitutional Right
The right to bail is a constitutional right.
(Sec. 13, Art. 3, 1987 Constitution)
It emanates from the accused's constitutional right to be presumed innocent.
This presumption of innocent is rooted in the guarantee of due process, and is safeguarded by the constitutional right to be released on bail.
Fundamental Rules on Bail under the Constitution
(a) Generally, all persons charged, before their conviction, are entitled to bail
(b) The suspension of the writ of habeas corpus does not impair the right to bail
(c) Excessive bail is not required
Reiterated in Rules of Court
The constitutional provision on bail is substantially reiterated in the Rules of Court.
(Sec. 7, Rule 114, ROC)
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I. Application not a bar to objections in illegal arrest, lack of or irregular preliminary investigation
Not a bar to objections in illegal arrest
The application for bail shall not bar the aaccused from challenging the validity of his arrest or the legality of the warrant issued.
Provided that, he raises them before entering his plea.
Not a bar to questioning lack of PI
The application for bail shall not bar the accused from questioning the regularity or absence of a PI of the charge against him.
Provided that, he raises them before entering his plea.
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