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BAIL PROPER
(RULE - Coggle Diagram
KINDS OF BAIL
AS A MATTER OF RIGHT
When is the accused entitled to bail as a matter of right?
- A person in custody before or after conviction by the MTC, MeTC, and MCTC
- A person in custody before conviction by the RTC of an offense not punishable by life imprisonment, death or reclusion perpetua
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BAIL IN GENERAL
CONDITIONS OF BAIL
- The accused's undertaking is effective from approval of bail until promulgation of the RTC judgment, unless the bail is otherwise cancelled
- The accused is required to appear before the court whenever it is so required, either by the court or by the Rules
- The accused waives the right to be present during the trial of his case if, despite notice, he fails to appear before the court without justification
- The bondsman undertakes to surrender the accused to the court for execution of the final judgment
Effects of the accused failure to appear before the court without justification
- Deemed waiver of the accused's right to be present
- Trial will be held in absentia
Requisites for trial in absentia
- Accused has already been ARRAIGNED
- Accused has been duly NOTIFIED of the trial
- Failure to appear is UNJUSTIFIED
EFFECTIVITY OF BAIL
- The bail shall be effective until promulgation in the RTC, whether or not the criminal action was instituted in RTC or was appealed to it from a decision of first level courts
AMOUNT OF BAIL
- The amount should be high enough to assure such presence when it is required, but no higher than can be considered reasonable to fulfill the purpose.
- However, courts are not precluded from imposing higher amounts depending on the circumstances of each case.
FORMS OF BAIL
CORPORATE SURETY
Requirements
- Only companies accredited by OCA may transact business with courts involving surety bonds
- The person availing of surety bonds shall regularly pay a premium as long as the case is pending and the bond is effective
Effect
- The surety becomes the jailer
- As such, the surety now has the duty to keep the accused under surveillance
- It is the bonding company's duty to produce the accused before the court whenever required; otherwise, it will be a complete breach of guaranty
- If bail is cancelled, surety is still liable to pay the premium
PROPERTY BOND
How posted
- Must be posted with LEAVE OF COURT
- WITHIN 10 DAYS after approval of the bond, the accused shall cause the annotation of the lien on the certificate of title or in the Registration book (if the land is unregistered)
- The accused shall also cause the annotation of the lien on the corresponding tax declaration
- Within the same period, the accused shall submit his compliance to the court
Qualifications of sureties in property bond
- Each must be a resident owner of real estate within PH
- If there is only 1 surety -- his real estate must be worth at least the amount of the undertaking
- If there are 2 or more -- aggregate of the justified sums must be equivalent to the whole amount of the bail demanded
Justification of sureties
- Every surety shall justify by affidavit taken before the judge that he possesses the required qualifications
Contents of affidavit in justification
- Describe the property given as security
- Nature of his title to the property
- Encumbrances of the property
- Number and amount of other bails entered into by him and still undischarged
- His other liabilities
CASH DEPOSIT
How to deposit the cash
- Deposit cash with the nearest collector of internal revenue or provincial, city or municipal treasurer
Proof of compliance
- Submission of a proper certificate of deposit and a written undertaking showing compliance with the requirements of the conditions of bail under Sec. 2.
Effect of submission of proof of compliance
- The accused shall be released from custody
- The money deposited shall be considered as bail
- The money shall be applied to the payment of fine and costs while the excess shall be returned