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5.2. BAIL PROCEDURE - Coggle Diagram

- - - - 3 HEARING FOR MOTION FOR BAIL
        
        [During hearing] COURT ACTION
        
        Examine witnesses on direct testimonies or affidavits
        
        Allow counsels from both sides to examine the witnesses
        
        Hear oral arguments of parties
        
        WITHIN 48 HOURS
        
        4 ISSUANCE OF COURT ORDER containing:
        
        Summary of evidence adduced
        
        Conclusion on whether or not evidence of guilt is strong
        
        APPROVED
        
        If application is filed with the court where the case is pending: Accused must be discharged
        If filed with another court
        The judge who accepted the bail shall forward it with the order of release and other supporting papers to the court where the case is pending
        
        The court where the case is pending may require a different bail to be filed
        
        DENIED
        
        Remedy Filing a Rule 65 (Petition for Certiorari) if issued with GADALEJ
        
        [During hearing] PROSECUTOR ACTION
        
        He must be given the opportunity to present evidence it may want to introduce
        
        Present witnesses with the option to (1) examine them on direct or (2) adopt the affidavits they executed during PI
        
        [During hearing] ACCUSED ACTION (Optional)
        
        Submit affidavits of witnesses attesting to his innocence
- - - - 3 HEARING FOR REDUCTION OF BAIL
        
        This hearing shall enjoy priority of in the hearing of cases
- - - - 3 Accused must pay the increase within a reasonable period
        
        Non-payment will give cause for his commitment to custody
- - - - 3.1. Bail is declared FORFEITED
      - 3.2. Bondsman has 30 days to produce the body of their principal and explain why the accused did not appear before the court
        
        4 If the bondsman fails to comply, judgment shall be rendered against him for the amount of the bail