Filing of a Petition for Bail is Standard for Defense Lawyers

8/18/2019 Filing of a Petition for Bail is Standard for Defense Lawyers

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Filing of a petition for bail is standard for defense lawyers

The defense lawyers filed the petition for bail claiming that the evidence of guilt is weak. For

the millions of Filipinos who are following the developments of this case on television and

the Internet, this claim seems highly incredible since the evidence of guilt appears to be

stronger than the steel on a back hoe. But the filing of a petition for bail is a standard tactic of

defense lawyers. Let me explain.

This kind of petition is allowed under the ules on !riminal "rocedure and is in keeping with

the !onstitutional presumption of innocence. Once such a petition has been filed, the

prosecution is required to prove that indeed evidence of guilt is strong. #fter the hearings, the

$udge can deny or grant the petition for bail.

%hat happens if the petition for bail is granted&

If you remember the kidnapping case involving actor/congressman Dennis Roldan, the judge ruled

that the evidence of guilt as eak. !e as alloed to post bail.

If the petition for bail is granted, the case will then proceed as in the normal procedure'

• The prosecution will present evidence to prove the guilt of the accused. "ll the

testimonies and evidences presented during the hearings of the petition for bail ill become

part of the hearing on the main issues. #he itnesses ho testified during the hearings for

the petition for bail ill not be required to appear and testify again during the hearings on themain issues of the case.(owever, since the petition for bail has been granted, the

prosecution is put on notice that it should review its case and strengthen its evidence.

• #fter the prosecution has presented its evidence, the accused may then present

evidence of his innocence. $%efore presenting his evidence, he can ith the leave or

consent of the court, submit hat is called a demurrer to evidence. #his is essentially a

motion to dismiss the case. If the court grants the demurrer, the case is dismissed and the

accused is set free. If the court denies the demurrer, then the accused has to present his

evidence.&

For the accused and his lawyers therefore, filing a petition for bail is advantageous for at

least two reasons'

• If the petition is granted, he can be released from custody and enjoy his liberty hile the

case is going on' and


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• !e can kno hether in the mind of the judge the evidence of his guilt is strong or not. If the

judge denies his petition, he has the time to strengthen his defense. !e may even consider a

plea bargain.

Let)s discuss some practical matters about bail'

*+ (%ail) is the security given for the release of a person in custody of the la, furnished by him or a

bondsman, to guarantee his appearance before any court as required under the conditions

hereinafter specified.

*- #he information filed by the fiscal contains at the loer portion a notation on the bail

recommended. #he bail may be given in the form of corporate surety, property bond, cash deposit,

or recogni*ance. #he legal term is (to post bail) but (to pay the bail) is the layman+s epression.

o bail necessary for cases under the ules on /ummary "rocedure 0for example, B" --1

-or cases falling under the Rules on ummary rocedure, the court does not issue a arrant of

arrest. #hus the posting of bail is not necessary $even if the information states a recommended bail&.

-or eample, persons accused of violation of % 00 $bouncing checks& do not have to post

bail. (owever, the court may issue a warrant of arrest and re2uire the posting of bail if the

accused fails to appear during the hearings.

elease on recogni3ance

*4 (ROR) $Release on recogni*ance& means that the accused ill not post the bail in money or

security' instead, the accused ill be released to the custody of a government official like barangay

officials or previously, in the case of minors, of parents. #he person to hom custody is entrusted ill

guarantee that the accused ill be present during the hearings.

5otion to reduce bail

*6 ometimes, the accused and/or his family cannot afford to post the recommended bail. #he usual

procedure is to file hat is called (1otion to reduce bail). -or eample, if the recommended bail is

sity thousand pesos, the accused may ask the court to reduce the bail to around tenty fivethousand pesos. #he court may grant the motion to reduce bail but then it requires that the bail be

paid in cash.

/eeking the help of bail bondsman or 7pyansador8

*9 If you kno someone ho has been arrested but ho cannot afford to pay the bail, you can ask


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the clerks and security guards at fiscal+s offices and/or the !all of 2ustice as to ho the bail

bondsmen $(pyansador)& are. #hese are men and omen ho make a living out of helping persons

accused of a crime to avail of the services of surety companies. #hese companies ill pay the

recommended bail and the accused has to pay only the premium. #he (pyansador) ill ork on all

the papers. $ometimes, the court staff or the police officers serving the arrant have contacts ith

the (psyansador). Once the accused has been arrested, the court staff or the police officers ill tell

him that they can help ork on their release. 3eedless to say, these practices of court staff and

police officers are against 4ivil ervice rules.&

"ictures needed

*: #he accused, in orking on his bail, has to provide pictures of himself $front, left and right

profiles& hich ill be attached to the documents. #here are photographers ho hang around fiscal+s

offices and !alls of 2ustice, aiting for clients. #he (pyansador) also has contacts ith

photographers.

If the accused has not yet been arrested and is orking on the posting of his bail, he can go to a

photo studio and ask that his pictures be taken. If he tells the photo studio that he needs the pictures

for posting bail, the studio already knos hat kind of pictures to take.

"osting bail to avoid being arrested; how to prevent being harassed

* If the accused ho has posted bail fails to appear at a hearing, then the court may order that his

bail be forfeited. #he court also issues hat is called a (bench arrant) for the arrest of the accused.

If the accused has a valid reason for his absence $like sickness or he as not informed of the

hearing&, he may file a (motion to lift the arrant of arrest and to reinstate bail).


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%ut if the accused does not have any valid reason for being absent during the hearings, he ill be

forced to post bail again.

"osted below are the complete provisions of 7The evised ules of !riminal "rocedure8 on

bail.

ule ++6 ? Bail

/ection +. Bail defined. 5 %ail is the security given for the release of a person in custody of the la,

furnished by him or a bondsman, to guarantee his appearance before any court as required under

the conditions hereinafter specified. %ail may be given in the form of corporate surety, property bond,

cash deposit, or recogni*ance.

/ec. -. !onditions of the bail; re2uirements. 5 "ll kinds of bail are subject to the folloingconditions6

$a& #he 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 #rial 4ourt, irrespective of

hether the case as originally filed in or appealed to it'

$b& #he accused shall appear before the proper court henever required by the court of these Rules'

$c& #he failure of the accused to appear at the trial ithout justification and despite due notice shall

be deemed a aiver of his right to be present thereat. In such case, the trial may proceed in

absentia' and

$d& #he bondsman shall surrender the accused to the court for eecution of the final judgment.

#he original papers shall state the full name and address of the accused, the amount of the

undertaking and the conditions required by this section. hotographs $passport si*e& taken ithin the

last si $7& months shoing the face, left and right profiles of the accused must be attached to the

bail.

/ec. 4. o release or transfer except on court order or bail. 5 3o person under detention by

legal process shall be released or transferred ecept upon order of the court or hen he is admitted

to bail.

/ec. 6. Bail, a matter of right; exception. 5 "ll persons in custody shall be admitted to bail as a

matter of right, ith sufficient sureties, or released on recogni*ance as prescribed by la or this Rule

$a& before or after conviction by the 1etropolitan #rial 4ourt, 1unicipal #rial 4ourt, 1unicipal #rial

4ourt in 4ities, or 1unicipal 4ircuit #rial 4ourt, and $b& before conviction by the Regional #rial court

of an offense not punishable by death, reclusion perpetua, or life imprisonment.


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/ec. 9. Bail, when discretionary. 5 8pon conviction by the Regional #rial 4ourt of an offense not

punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. #he

application for bail may be filed and acted upon by the trial court despite the filing of a notice of

appeal, provided it has not transmitted the original record to the appellate court. !oever, if the

decision of the trial court conviction the accused changed the nature of the offense from non9bailable

to bailable, the application for bail can only be filed ith and resolved by the appellate court.

hould the court grant the application, the accused may be alloed to continue on provisional liberty

during the pendency of the appeal under the same bail subject to the consent of the bondsman.

If the penalty imposed by the trial court is imprisonment eceeding si $7& years, the accused shall

be denied bail, or his bail shall be cancelled upon a shoing by the prosecution, ith notice to the

accuse, of the folloing or other similar circumstances6

$a& #hat he is a recidivist, quasi9recidivist, or habitual delinquent, or has committed the crimeaggravated by the circumstance of reiteration'

$b& #hat he has previously escaped from legal confinement, evaded sentence, or violated the

conditions of his bail ithout valid justification'

$c& #hat he committed the offense hile under probation, parole, or conditional pardon'

$d& #hat the circumstances of his case indicate the probability of flight if released on bail' or

$e& #hat there is undue risk that he may commit another crime during the pendency of the appeal.#he appellate court may, motu proprio or on motion of any party, revie the resolution of the

Regional #rial 4ourt after notice to the adverse party in either case.

/ec. :. !apital offense defined. 5 " capital offense is an offense hich, under the la eisting at

the time of its commission and of the application for admission to bail, may be punished ith death.

/ec.


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the latter is dead, outside the hilippines, or otherise unable to testify.

/ec. >. #mount of bail; guidelines. 5 #he judge ho issued the arrant or granted the application

shall fi a reasonable amount of bail considering primarily, but not limited to, the folloing factors6

$a& -inancial liability of the accused to give bail'

$b& 3ature and circumstance of the offense'

$c& enalty for the offense charged'

$d& 4haracter and reputation of the accused'

$e& "ge and health of the accused'

$f& :eight of the evidence against the accused'

$g& robability of the accused appearing at the trial'

$h& -orfeiture of other bail'

$i& #he fact that the accused as a fugitive from justice hen arrested' and

$j& endency of other cases here the accused is on bail.

;cessive bail shall not be required.

/ec. +@. !orporate surety. 5 "ny domestic or foreign corporation, licensed as a surety in

accordance ith la and currently authori*ed to act as such, may provide bail by a bond subscribed

jointly by the accused and an officer of the corporation duly authori*ed by its board of directors.

/ec. ++. "roperty bond, how posted. 5 " property bond is an undertaking constituted as lien on the

real property given as security for the amount of the bail. :ithin ten $


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he possesses the qualification prescribed in the preceding section. !e shall describe the property

given as security, stating the nature of his title, its encumbrances, the number and amount of other

bails entered into by him and still undischarged, and his other liabilities. #he court may eamine the

sureties upon oath concerning their sufficiency in such manner as it may deem proper. 3o bail shall

be approved unless the surety is qualified.

/ec. +6. Ceposit of cash as bail. 5 #he accused or any person acting in his behalf may deposit in

cash ith the nearest collector of internal revenue or provincial, city, or municipal treasurer the

amount of bail fied by the court, or recommended by the prosecutor ho investigated or filed the

case. 8pon submission of a proper certificate of deposit and a ritten undertaking shoing

compliance ith the requirements of section 0 of this Rule, the accused shall be discharged from

custody. #he money deposited shall be considered as bail and applied to the payment of fine and

costs hile the ecess, if any, shall be returned to the accused or to hoever made the deposit.

/ec. +9. ecogni3ance. 5 :henever alloed by la or these Rules, the court may release a personin custody on his on recogni*ance or that of a responsible person.

/ec. +:. Bail, when not re2uired; reduced bail or recogni3ance. 5 3o bail shall be required hen

the la or these Rules so provide.

:hen a person has been in custody for a period equal to or more than the possible maimum

imprisonment prescribed for the offense charged, he shall be released immediately, ithout

prejudice to the continuation of the trial or the proceedings on appeal. If the maimum penalty to

hich the accused may be sentenced is destierro, he shall be released after thirty $>=& days of

preventive imprisonment.

" person in custody for a period equal to or more than the minimum of the principal penalty

prescribed for the offense charged, ithout application of the Indeterminate entence ?a or any

modifying circumstance, shall be released on a reduced bail or on his on recogni*ance, at the

discretion of the court.

/ec. +


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preliminary investigation, trial, or appeal.

"ny person in custody ho is not yet charged in court may apply for bail ith any court in the

province, city, or municipality here he is held.

/ec. +=. otice of application to prosecutor. 5 In the application for bail under section @ of this

Rule, the court must give reasonable notice of the hearing to the prosecutor or require him to submit

his recommendation.

/ec. +>. elease on bail. 5 #he accused must be discharged upon approval of the bail by the judge

ith hom it as filed in accordance ith section =& days ithin hich to produce their principal and to sho hy no

judgment should be rendered against them for the amount of their bail. :ithin the said period, the

bondsmen must6

$a& produce the body of their principal or give the reason for his non9production' and

$b& eplain hy the accused did not appear before the court hen first required to do so.

-ailing in these to requisites, a judgment shall be rendered against the bondsmen, jointly and

severally, for the amount of the bail. #he court shall not reduce or otherise mitigate the liability of

the bondsmen, unless the accused has been surrendered or is acquitted.

/ec. --. !ancellation of bail. 5 8pon application of the bondsmen, ith due notice to the

prosecutor, the bail may be cancelled upon surrender of the accused or proof of his death.

#he bail shall be deemed automatically cancelled upon acquittal of the accused, dismissal of the

case, or eecution of the judgment of conviction.


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In all instances, the cancellation shall be ithout prejudice to any liability on the bail.

/ec. -4. #rrest of accused out on bail. 5 -or the purpose of surrendering the accused, the

bondsmen may arrest him or, upon ritten authority endorsed on a certified copy of the undertaking,

cause him to be arrested by a police officer or any other person of suitable age and discretion.

"n accused released on bail may be re9arrested ithout the necessity of a arrant if he attempts to

depart from the hilippines ithout permission of the court here the case is pending.

/ec. -6. o bail after final $udgment; exception. 5 3o bail shall be alloed after a judgment of

conviction has become final. If before such finality, the accused applies for probation, he may be

alloed temporary liberty under his bail. :hen no bail as filed or the accused is incapable of filing

one, the court may allo his release on recogni*ance to the custody of a responsible member of the

community. In no case shall bail be alloed after the accused has commenced to serve sentence.

/ec. -9. !ourt supervision of detainees. 5 #he court shall eercise supervision over all persons in

custody for the purpose of eliminating unnecessary detention. #he eecutive judges of the Regional

#rial 4ourts shall conduct monthly personal inspections of provincial, city, and municipal jails and the

prisoners ithin their respective jurisdictions. #hey shall ascertain the number of detainees, inquire

on their proper accommodation and health and eamine the condition of the jail facilities. #hey shall

order the segregation of sees and of minors from adults, ensure the observance of the right of

detainees to confer privately ith counsel, and strive to eliminate conditions inimical to the

detainees.

In cities and municipalities to be specified by the upreme 4ourt, the municipal trial judges ormunicipal circuit trial judges shall conduct monthly personal inspections of the municipal jails in their

respective municipalities and submit a report to the eecutive judge of the Regional #rial 4ourt

having jurisdiction therein.

" monthly report of such visitation shall be submitted by the eecutive judges to the 4ourt

"dministrator hich shall state the total number of detainees, the names of those held for more than

thirty $>=& days, the duration of detention, the crime charged, the status of the case, the cause for

detention, and other pertinent information.

/ec. -:. Bail not a bar to ob$ections on illegal arrest, lack of or irregular preliminary

investigation. 5 "n application for or admission to bail shall not bar the accused from challenging

the validity of his arrest or the legality of the arrant issued therefore, or from assailing the regularity

or questioning the absence of a preliminary investigation of the charge against him, provided that he

raises them before entering his plea. #he court shall resolve the matter as early as practicable but

not later than the start of the trial of the case.


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osted by "tty. Berry #. Balacio a

Legal "rocedures @:' #rrest and bail

otes' *+ lease surf to thecomplete list of available

"CFs on legal procedures in criminal and civil cases.

*- "lease read the related post 7Legal lessons from the 5aguindanao massacre 0@-1' bail8

where I discussed the practical aspects of bail like motion to reduce bail, pictures, seeking the

help of bail bondsmen or (pyansador,) hat to do if someone borros money from you to pay for

bail, etc.

*4 The authorities Dpolice, BI, etc.D have ten days from issuance of the warrant within

which to arrest the accused. If no arrest is made ithin that period of time, the reason must be

stated in a report $CreturnC& to the judge.#he court may then issue an alias arrant that is valid until

recalled.

http://famli.blogspot.com/2010/05/legal-procedures-06-arrest-and-bail.htmlhttp://famli.blogspot.com/p/downloads.htmlhttp://famli.blogspot.com/p/downloads.htmlhttp://famli.blogspot.com/2010/01/legal-lessons-from-maguindanao-massacre_21.htmlhttp://famli.blogspot.com/p/downloads.htmlhttp://famli.blogspot.com/p/downloads.htmlhttp://famli.blogspot.com/2010/01/legal-lessons-from-maguindanao-massacre_21.htmlhttp://famli.blogspot.com/2010/05/legal-procedures-06-arrest-and-bail.html


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Update as of June 30, 2014

A.M. No. 12-11-2-SC (March18, 2014) “Guidelines for

Decongesting Holding Jails b

!nforcing the "ights of #ccused$ersons to %ail and &'eedrial

he order fi*ing the a+ount of bail cannot be a''ealed (&ec 4)

Bail in offenses punishable b

death, !e"lusion pe!petua, o!

life i#p!ison#ent $Se". %&'

Hearing is su++ar in nature-the 'rosecution +ust sho. that

the e/idence of guilt is strong

he accused +a sub+it

affida/its of .itnesses

he 'rosecution +a (1)e*a+ine its .itnesses on direct

or (2) ado't the affida/its the

e*ecuted during the 'reli+inarin/estigation as their direct

testi+onies

he court +ust e*a+ine the.itnesses on their direct

testi+onies or affida/its to

ascertain if the e/idence of guiltof the accused is strong he

courts uestions need not

follo. an 'articular order and+a shift fro+ one .itness to

another

he court +ust then allo.counsels fro+ both sides to

e*a+ine the .itnesses as .ell

he court +ust hear after.ardsthe oral argu+ents of the

'arties

http://ibpmakatilegaleducation.files.wordpress.com/2014/05/am-no-12-11-2-sc.pdfhttp://ibpmakatilegaleducation.files.wordpress.com/2014/05/am-no-12-11-2-sc.pdf


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ithin 48 hours after the

hearing, the court +ust issue an

order containing a briefsu++ar of the e/idence

'resented before it, follo.ed b

its conclusion of .hether or notthe e/idence of guilt is strong

his conclusion +ust not be

regarded as a 're3udg+ent onthe +erits of the case, .hich

.ill be deter+ined onl after a

full3blo.n trial

*6 Officers of the la arresting someone by virtue of a arrant need not have the arrant ith them

hen making the arrest.

*9 If the private complainant executes an affidavit of desistance before the arraignment, the

public prosecutor files a motion to withdraw the information. #he court recalls the arrant or

orders the release of the accused.

*: " (buybust) operation is an entrapment procedure conducted by the police against drug pushers,

ho can be arrested on the spot and then searched, even ithout a arrant.

*


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be questioned if the police did not observe the 1iranda rights of an accused. #hese right are

enshrined in our

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Filing of a Petition for Bail is Standard for Defense Lawyers

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