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5.3. BAIL (OTHER MATTERS) - Coggle Diagram
5.3. BAIL (OTHER MATTERS)
In general
A hearing on an application for bail is mandatory
Requirements for a bail hearing
Whether bail is a matter of right or of discretion:
(1) The prosecutor should be given reasonable notice of hearing or;
(2) His recommendation on the matter must be sought
Joint bail hearing
Petitions for bail may be heard jointly, depending on the discretion of the court
Evidence in Petition for Bail
The resolution shall be based solely on the evidence presented during the bail proceedings by the prosecution
The accused need not present evidence to contradict or rebut the prosecution's evidence
Evidence produced during the hearing is automatically reproduced during trial
Recall of witnesses
Either party may move to recall any witness for additional examination
The court exercises discretion on whether to grant or deny such motion
However, after examination of a witness by both sides has been concluded, the witness cannot be recalled without leave of court
XPN
A witness cannot be recalled if he is dead, outside of PH or unable to testify
Factors to be considered in fixing the amount of bail
Financial ability of the accused
Nature and circumstance of the offense
Penalty for the offense charged
Character and reputation of the accused
Age and health of the accused
Weight of the evidence against the accused
Probability of the accused appearing at the trial
Forfeiture of other bail
The fact that the accused was a fugitive from justice when arrested
Pendency of other cases where the accused is on bail
RECOGNIZANCE
Definition
A mode of securing release of any person in custody or detention for the commission of an offense who is unable to post bail due to ABJECT POVERTY
Who are indigent litigants?
Those whose gross income and that of their immediate family do not exceed an amount double the monthly minimum wage of an employee
Those who do not own real property with fair market value as stated in the tax declaration of more than P300k
When granted
GR:
The benefit of recognizance will not be granted in favor of an accused after the finality of judgment or when he has started serving the sentence
XPN:
When one who is qualified has applied for probation before serving the sentence
Disqualifications from availing recognizance
Accused made untruthful statements in his sworn affidavit as to his incapacity to post bail
Recidivist, quasi-recidivist, habitual delinquent, or the crime is aggravated by reiteration
Previously escaped from legal confinement, evaded sentence, or has violated the conditions of bail or release on recognizance without valid justification
Previously committed a crime while on probation, parole or under conditional pardon
Circumstance or nature of the facts of the case indicate the probability of flight if released on recognizance
Great risk that the accused may commit another crime during the pendency of the case
Pending criminal case which has the same or higher penalty to the new crime
Requirements for recognizance
Sworn declaration of indigency or incapacity to post bail
A certification of DSWD office of the city of municipality where the accused resides that the accused is an indigent
The person in custody has been arraigned
The court has notified the city or municipal sanggunian where the accused resides of the application
Proper documentation of the accused
Notification to the public prosecutor of the date of the hearing for the application within 24 hours from the filing
WHEN BAIL IS NOT REQUIRED
Application
This rule only applies to an accused undergoing preventive imprisonment during trial or appeal.
IN CUSTODY FOR MAXIMUM PERIOD OF IMPRISONMENT
A person who has been in custody for a period equal to or more than the possible maximum imprisonment prescribed for the offense he is charged with shall be IMMEDIATELY RELEASED
If the maximum penalty is destierro: He shall be released after a preventive imprisonment of 30 days
IN CUSTODY FOR MINIMUM PRISON OF IMPRISONMENT
A person in custody for the minimum period of the penalty prescribed shall be, at the DISCRETION of the court:
(1) Released on reduced bail
(2) Released on his own recognizance
This is WITHOUT PREJUDICE to the continuation of the proceedings against the accused
How to determine minimum period
The period shall be reckoned before considering the effect of ISL or any modifying circumstance
Where to file
Arrested but not yet charged -- apply in any court in the province, city or municipality where he is being held
Arrested in the same place where the case is pending:
(1) Apply in the court where the case is pending
(2) In the absence or unavailability of the judge thereof, with another branch of the same court within the same province or city
Arrested in a different place where the case is pending:
(1) In the court where his case is pending
(2) Any RTC in the place where he was arrested
If the grant of bail is a matter of recognizance or release on recognizance -- must be in the court where the case is pending