BAIL shall, before conviction, be

RULE 114 OF RULES OF COURT bailable by sufficient sureties, or

be released on recognizance as
I. DEFINITION, NATURE AND may be provided by law. The right
PURPOSE OF BAIL to bail shall not be impaired even
A. Definition when the privilege of the writ of
- Bail is the security given for the habeas corpus is suspended.
release of a person in custody of the Excessive bail shall not be
law, furnished by him or a bondsman, required.
to guarantee his appearance before
any court as required under certain When bail is not allowed
specified conditions (Sec. 1, Rule 114, 1. A person charged with a
Rules of Court). capital offense, or an offense
punishable by reclusion
When right may be invoked; perpetua or life imprisonment,
by whom: shall be not admitted to bail
Bail is available only to persons in when evidence of guilt is strong
custody of the law. A person is in the regardless of the stage of the
custody of law when he has been criminal prosecution (Sec. 7,
either arrested or otherwise deprived Rule 114, Rules of Court).
of his freedom, or when he had
voluntarily submitted himself to the Bail in the military
jurisdiction of the court by The right to bail invoked has
surrendering to the proper authorities traditionally not been recognized and is
not available in the military, as an
(Dinapol v. Baldado A.M. No. RTJ-92- exception to the general rule embodied
898, Aug. 5, 1993) in the Bill of Rights. The right to a
speedy trial is given more emphasis in
Right to bail before the the military where the right to bail does
not exist. The unique structure of the
filing of charges military should be enough reason to
Any person under detention, even if no exempt military men from the
formal charges have yet been filed, constitutional coverage on the right to
can invoke the right to bail bail. (Comendador v. Villa, G.R. No.
(Teehankee v. Rovira, G.R. No. L-101, 93177, August 2, 1991)
December 20, 1945)
-It is personal in nature and is
Requiring arraignment therefore, waivable.
before grant of bail, not
valid (Lavides v. Court of C. Purpose:
Appeals, G.R. No. 129670, To guarantee the appearance of
February 1, 2000) a person before any court when
so required (Sec. 1, Rule 114,
B. Nature Rules of Court).
- The right to bail is a constitutional
right (Sec. 13, Article III, 1987 To honor the presumption of
Constitution of the Philippines). innocence until his guilt is
proven beyond reasonable
Section 13. All persons, except doubt
those charged with offenses
punishable by reclusion perpetua To enable him to prepare his
when evidence of guilt is strong, defense without being subject
 to punishment prior to (a) the full name and address of
conviction the accused

II. WHO MAY FURNISH BAIL? (b) the amount of the

1. Bail applicant himself undertaking and
2. A bondsman
(c) the conditions herein
III. FORMS OF BAIIL required
(a) Corporate surety (Sec. 10, Rule
114, Rules of Court.) (d) Photographs (passport size)
taken within the last six (6)
(b) Property bond- (Sec. 11, Rule months showing the face, left
114, Rules of Court.) and right profiles of the accused
must be attached to the bail.
(c) Cash deposit- (Sec 14, Rule 114,
Rules of Court.)
VI. EFFECTS OF FAILURE TO
(d) Recognizance- (sec. 15, Rule APPEAR AT THE TRIAL
114, Rules of Court.) The failure of the accused to
appear at the trial without
IV. DURATION OF THE justification and despite due
UNDERTAKING notice shall be deemed a waiver
The undertaking shall be effective of his right to be present
upon approval, and unless cancelled, thereat. In such case, the trial
shall remain in force at all stages of may proceed in absentia;
the case until promulgation of the
judgment of the Regional Trial Court, The bondsman may arrest the
irrespective of whether the case was accused for the purpose of
originally filed in or appealed to it; surrendering the accused. The
(Sec. 2(a), Rule 114, Rules of Court) bondsman may also cause the
accused to be arrested by a
V. CONDITIONS OF THE BAIL police officer or any other
-Conditions set out in the Rules, person of suitable age and
exclusive discretion upon written
authority endorsed on a
The accused shall appear before certified copy of the
the proper court whenever undertaking (Sec. 23, Rule 114,
required by the court of these Rules of Court).
Rules;
VII. SECTION 3. NO RELEASE OR
The accused shall appear before TRANSFER EXCEPT ON COURT OR
the proper court whenever BAIL.
required by the court of these No person under detention by legal
Rules; process shall be released or
transferred except upon order of the
The bondsman shall surrender court or when he is admitted to bail.
the accused to the court for
execution of the final judgment VIII. BAIL, A MATTER OF RIGHT

The original papers shall state:

-General Rule: all persons in custody X. IF THE PENALTY IMPOSED BY
shall be admitted to bail as a matter of THE TRIAL COURT IS
right. IMPRISONMENT EXCEEDING SIX
(6) YEARS:
This rule applies to the following
situations (Sec. 4, Rule 114, Rules of The accused shall be denied bail, or
Court): his bail shall be cancelled upon a
showing by the prosecution, with
(a) before or after conviction by notice to the accused, of the following
the Metropolitan Trial Court, or other similar circumstances:
Municipal Trial Court, Municipal
Trial Court in Cities, or Municipal (a) That he is a recidivist, quasi-
Circuit Trial Court; recidivist, or habitual delinquent, or
has committed the crime aggravated
(b) before conviction by the by the circumstance of reiteration;
Regional Trial Court of
(b) That he has previously escaped
-Exception: Offenses punishable by from legal confinement, evaded
death, reclusion perpetua, or life sentence, or violated the conditions of
imprisonment his bail without valid justification;

VIII. BAIL WHEN DISCRETIONARY (c) That he committed the offense

Upon conviction by the Regional while under probation, parole, or
Trial Court of an offense not conditional pardon;
punishable by death, reclusion (d) That the circumstances of his case
perpetua, or life imprisonment indicate the probability of flight if
released on bail; or
IX. WHERE APPLICATION FOR BAIL
IS TO BE FILED WHEN BAIL IS A (e) That there is undue risk that he
MATTER OF DISCRETION AND may commit another crime during the
AFTER CONVICTION BY THE pendency of the appeal.
REGIONAL TRIAL COURT **
The appellate court may, motu
1. The application for bail may be filed proprio or on motion of any party,
and acted upon by the trial court even review the resolution of the Regional
if a notice of appeal has already been Trial Court after notice to the adverse
filed provided that the trial court has party in either case.
not yet transmitted the original record
to the appellate court (Sec. 5, Rule In an application for bail
114, Rules of Court). pending appeal by an appellant
sentenced by the trial court to a
2. If the decision of the RTC convicting penalty of imprisonment for
the accused changed the nature of the more than six years, the
offense from non-bailable to bailable, discretionary nature of the grant
the application for bail can only be of bail pending appeal does not
filed with and resolved by the mean that bail should
appellate court (Sec. 5, Rule 114, automatically be granted
Rules of Court). absent any of the circumstances
mentioned in the third
paragraph of Section 5, Rule
 114 of the Rules of Court (Jose latter is dead, outside the Philippines,
Antonio Leviste v. Court of or otherwise unable to testify. (8a)
Appeals, et al., G.R. No.
189122, March 17, 2010) MUST THE DEFENSE PRESENT ANY
EVIDENCE DURING THE HEARING
SEC. 6. Capital offense, defined ON THE APPLICATION FOR BAIL?
is an offense which, > No, the burden of proof is upon the
under the law existing at the time of prosecution to show that the evidence
its commission and of the application of guilt of accused is strong
for admission to bail, may be punished
with death. DUTIES OF THE TRIAL JUDGE IN
CASE AN APPLICATION FOR BAIL IS
HOW IS THE CAPITAL NATURE OF FILED
AN OFFENSE DETERMINED? 1. Notify the prosecutor of the
> The capital nature of the offense hearing or require him to submit a
is determined by the penalty recommendation
prescribed by law 2. Conduct a hearing
3. Decide whether the evidence of
> What is to be considered is prima guilt is strong based on the
facie evidence, not the penalty that summary of evidence of the
may be imposed taking into account prosecution
modifying circumstances 4. If the guilt of the accused is
not strong, discharge the accused
SEC. 7. Capital offense or an upon the approval of the bail bond. If
offense punishable by reclusion evidence of guilt is strong, the petition
perpetua or life imprisonment, not should be denied.
bailable.
No person charged with a EVIDENT PROOF
capital offense, or an offense Clear, strong evidence while leads a
punishable by reclusion perpetua or well-grounded dispassionate judgment
life imprisonment, shall be admitted to to the conclusion that the offense has
bail when evidence of guilt is strong, been committed as charged, that the
regardless of the stage of the criminal accused is the guilty agent and that
prosecution. (7a) he will probably be punished capitally
if the law is administered
SEC. 8. Burden of proof in bail
application. PRESUMPTION GREAT
At the hearing of an application Exists when the circumstances
for bail filed by a person who is in testified to are such that the inference
custody for the commission of an of guilt naturally to be drawn
offense punishable by death, reclusion therefrom is strong, clear and
perpetua, or life imprisonment, the convincing unbiased judgment and
prosecution has the burden of showing excludes all reasonable probability of
that evidence of guilt is strong. The any other conclusion
evidence presented during the bail
hearing shall be considered
automatically reproduced at the trial
but, upon motion of either party, the SEC. 9. Amount of bail; guidelines.
court may recall any witness for
additional examination unless the
The judge who issued the warrant or SEC. 10. Corporate surety.
granted the application shall fix a
reasonable amount of bail considering Any domestic or foreign corporation,
primarily, but not limited to, the licensed as a surety in accordance
following factors: with law and currently authorized to
act as such, may provide bail by a
(a) Financial ability of the accused to bond subscribed jointly by the accused
give bail; and an officer of the corporation duly
authorized by its board of directors.
(b) Nature and circumstances of the (10a)
offense;
CAN THE COURT REFUSE TO
(c) Penalty for the offense charged; ACCEPT A CORPORATE SURETY
AND REQUIRE INSTEAD THE
(d) Character and reputation of the POSTING OF A CASH BOND?
accused; > No, the trial court may not reject
otherwise acceptable sureties and
(e) Age and health of the accused; insist that the accused obtain his
provisional liberty only through a
(f) Weight of the evidence against the cash bond
accused;
> The posting of the cash bond
(g) Probability of the accused would entail a transfer of assets
appearing at the trial; into the possession of the court, and
its procurement could work untold
(h) Forfeiture of other bail; hardship on the part of the accused as
to have the effect of altogether
(i) The fact that the accused was a denying the accuseds constitutional
fugitive from justice when arrested; right to bail.
and
Sec. 11 Property bond, how
(j) Pendency of other cases where the posted.
accused is on bail.
What is Property Bond?
Excessive bail shall not be required. An undertaking constituted as a lien
(9a) on the real property given as security
for the amount of the bail.
WHAT DETERMINES IF BAIL IS
EXCESSIVE OR NOT? IS IT THE Within ten (10) days from the approval
AMOUNT? of the bond, the accused shall cause
> It doesn't depend on the amount the annotation on the certificate of
but is dependent on the title on file with the Registry of Deeds.
circumstances of the accused If the land is unregistered, it is
particularly his financial capacity annotated in the Registration Book on
the space provided therefore in the
WHAT IS THE REMEDY OF THE Register of Deeds of the province or
ACCUSED IF HE IS DENIED BAIL? city where the land lies.
> He should file a special civil action
in the Court of Appeals within 60 days Within the same period, the
accused shall submit his compliance
to the court. Failure to do so shall be liabilities. The court may examine the
sufficient cause for the cancellation of sureties upon oath concerning their
the property bond, his re-arrest, and sufficiency in such manner, as it may
detention. deem proper. No bail shall be
approved unless the surety is
Who shall be the owner of the qualified.
property under the Property
Bond? The purpose of the rule requiring the
The bondsman must be the owner of affidavit of justification by the surety
the property, otherwise, the petition before the judge is to enable the latter
for bail shall be denied or the issued to determine whether or not the surety
bail order shall be revoked. possesses the qualification to act as
such, especially his financial worth.

Sec. 14 - Deposit of cash as bail.

Sec. 12 Qualifications of sureties
in property bond. The accused or any person acting in
his behalf may deposit in cash with
What are the qualifications of sureties the nearest collector of internal
in property bond? revenue, or provincial, city or
1. Each must be a resident owner of municipal treasurer, or the clerk of
real estate within the Philippines court where the case is pending, the
2. Where there is only one surety, his amount of bail fixed by the court or
real estate must be worth at least the recommended by the fiscal who
amount of the undertaking investigated or filed the case.
3. If there are two or more sureties,
each may justify in an amount less Can an accused be released without a
than that expressed in the undertaking court order?
but the aggregate of the justified sums Yes, provided that they submit the
must be equivalent to the whole following:
amount of the bail demanded. 1) Proper certificate of deposit and;
2) Written undertaking showing
In all cases, every surety must be compliance with requirements.
worth the amount specified in his own
undertaking over and above all just The money deposited shall be
debts, obligations and properties considered as bail and applied to the
exempt from execution. payment of fine and costs. The excess,
if any, shall be returned to the
accused or to whoever made the
Sec. 13 - Justification of sureties. deposit.

Every surety shall justify by affidavit Sec 15 Recognizance

taken before the judge that he
possesses the qualifications prescribed Whenever allowed by law or these
in the preceding section. He shall Rules, the court may release a person
describe the property given as surety, in custody on his own recognizance or
stating the nature of his title, its that of a responsible person.
encumbrances, the number and
amount of bails entered into by him What is Recognizance?
and still undischarged, and his other
Recognizance is an obligation of (c) Found to have previously
record, entered into before some court escaped legal confinement,
or officer duly authorized to take it, evaded sentence, or jumped
with a condition to do some particular bail
act, the most usual condition in (d) Found to have violated Sec.
criminal cases being the appearance 2 of RA 6036 which provides
of the accused for trial. that the violation of the
(Please see the case of People of the accused of the sworn
Philippines vs Abner G.R No. L-2508, statement (required instead
October 27,1950 for reference.) of bail) shall justify the court
to order his immediate
The release of the accused may be on arrest, if the accused failure
his own recognizance, which means to report is not justified
that he has become his own jailer. (e) Accused is a recidivist or
habitual delinquent or has
Sec 16 Bail, when not required; been previously convicted
reduced bail or recognizance for an offense to which the
General rule: Bail is not required when law/ordinance attaches an
the law or the Rules of court so equal/greater penalty or for
provide. two/more offenses to which
it attaches a lighter penalty
Instances wherein the accused can be (f) Accused committed the
released without putting bail: offense while on parole or
When a person has been in under conditional pardon
custody for a period equal to or (g) Accused has previously
more than the possible been pardoned for violation
maximum imprisonment of municipal/city ordinance
prescribe for the offense for at least two times [Riano,
charged, he shall be released citing Sec. 1, RA 6036]
immediately, without prejudice
to the continuation of the trial Where the accused applied for
or the proceedings on appeal. probation and before the same
Offense charged is violation of has been resolved but no bail
an ordinance, light felony, or a was filed or the accused is
criminal offense the imposable incapable of filing one, in which
penalty does not exceed 6 case he may be released on his
months of imprisonment and/or own recognizance.
fine of 2,000 under RA 6036 In case of youthful offender held
Exceptions: for physical or mental
(a) Caught committing the examination, trial, or appeal, if
offense in flagrante unable to furnish bail and under
(b) When accused confesses to circumastances provided by P.D.
the commission of the 603.
offense unless he later A person accused of an offense
repudiates the same in a with a maximum penalty of
sworn statement or in open destierro shall be released after
court as having been 30 days of preventive
extracted through force or imprisonment.
intimidation In cases filed with the
MTC/MCTC for an offense
 punishable by an imprisonment any court in the province or
of less than 4 yrs, 2mos. and 1 city/municipality where he is held.
day, and the judge is satisfied
that there is no necessity for (d) If the decision of the trial court
placing the accused under convicting the accused changed the
custody. [Riano, citing Sec. 8, nature of the offense, from non-
Rule 112] bailable to bailable, the application of
bail can only be filed with and resolved
On reduced bail or on his own by the appelate court.
recognizance:
A person in custody for a period Note:
equal to or more than the Where the grant of bail is a matter of
minimum of the principal discretion, or the accused seeks to be
penalty prescribed for the released on recognizance, the
offense charged, without application may only be filed in the
application of the Indeterminate court where the case is pending, on
Sentence Law or any modifying trial, or appeal.
circumstance, shall be released
on a reduced bail or on his own A judge presiding in one branch has no
recognizance, at the discretion power to grant bail to an accused who
of the court. is being tried in another branch
presided by another judge, who is not
Sec. 17 Bail, where filed absent or unavailable, and his act of
General rule : The application for bail releasing him on bail constitutes
may be filed with the court where the ignorance of law which subjects him to
case is pending. disciplinary sanctions.

Exceptions: Sec 18 Notice of application to

(a) If the judge of the court where the the prosecutor
case is pending is absent or Such notice is necessary because the
unavailable, the application may be burden of proving that the evidence of
filed with any RTC/MTC/MeTC/MCTC guilt is strong is on the prosecution
judge in the province, city or and that the discretion of the court in
municipality. admitting the accused to bail can only
be exercised after the fiscal has been
(b) Where the accused is arrested in a heard regarding the nature of the
province, city/municipality other than evidence in his possession. (People vs
where the case is pending, the Raba G.R. N. L- 10724)
application may be filed with any RTC
of the said place. If no judge is Sec 19 - Release on bail
available, then with any
MeTC/MTC/MCTC judge in the said Once the accused has been admitted
place. Judge who accepted the to bail, he is entitled to immediate
application shall forward it, together release from custody. An officer, who
with the order of release and other fails or refused to release him from
supporting papers where the case is detention notwithstanding the
pending approval by the proper court of his
bailbond, may be held liable under Art.
(c) When a person is in custody but 126 of the Revised Penal Code for
not yet charged, he may apply with delaying release.
 1. Produce the body of the accused or
Sec 20 Increase or reduction of give the reasons for his non-
bail production; and

The Court may, upon good cause, 2. Explain why the accused did not
either increase or reduce the amount appear before the court when first
of the bail. required to do so.
If they fail to comply with these
The guidelines provided for in Sec. 9, requisites, the court shall render
Rule 114, in fixing the amount of bail judgment against the bondsmen
are also applicable in reducing or jointly or severally, for the amount
increasing the bail previously fixed. of the bail.

When the amount of bail is increased, If the bondsmen move for the
the accused may be committed to mitigation of their liability, the
custody if he does not give the court is not required to reduce or
increased amount within the otherwise mitigate the liability of
reasonable period. the bondsmen unless the accused
has been surrendered or is
Where the offense is bailable as a acquitted.
matter of right, the mere probability
that the accused will escaped, or even Judgment against the
if he had previously escaped under bondsmen cannot be entered
detention, does not deprive him of his unless such:
right to bail. The remedy is to increase 1) Preceded by an order of
the amount of the bail, provided such forfeiture.
amount would not be excessive. (Sy 2) An opportunity given to the
Guan vs Amparo,79 Phil. 670) bondsmen to produce the
accused.
Sec 21 Forfeiture of bail 3) To adduce satisfactory
reason for their inability to
When the presence of the do so.
accused is required by the Mendoza vs Alarma,
court or these rules, his 554 SCRA 42
bondsmen shall be notified to
produce him before the court After forfeiture, the court may
on a given date and time. issue a bench warrant for the
If he fails to appear in person arrest of the accused if he
as required, his bail shall be failed to appear in court
declared forfeited and the despite of notice.
bondsmen are given 30 days
BENCH WARRANT- is
within which to produce the
defined as a writ
accused and to show cause
issued directly by a
why no judgment should be
judge to a law
rendered against them for the
enforcement, for the
amount of the bail.
arrest of a person
who has been held in
2 Requirements the bondsmen must
contempt, has
within the period:
disobeyed a
subpoena, or has to
 appear at a trial or delivering it to such officer
hearing. ( sec. 9 rule or person.
71 of the rules of
court). Magleo vs De Sec 24 No bail after final
Juan Quinagoran judgment
A.M No. RTJ- 12-2336,
NOV 12, 2014 GENERAL RULE:
No bail shall be allowed after the
Sec 22 Cancellation of Bail; judgment has become final, as what is
Remedy left is for him to serve the sentence.
1) Upon application of the
bondsmen with due notice to EXCEPTION:
the prosecutor. When he has applied for
a) Upon surrender of the probation before
accused. commencing to serve
b) Proof of his death. sentence, the penalty and
the offense being with the
2) Automatic cancellation purview of the probation law.
a) Acquittal of the accused,
b) Dismissal of the case Sec 25 Court supervision of
c) Execution of the judgment detainees
of conviction.
Sec 23 Arrest of the accused out The court shall exercise
of bail supervision over all persons
in custody for the purpose of
The bondsmen who put the bail eliminating unnecessary
bond for the accused become detention.
the jailers and they or the The executive judges of RTCs
police officer to whom authority shall conduct monthly
is endorsed may arrest the personal inspections of
accused for the purpose of provincial, city or municipal
surrendering him to the court. jails and prisoners within
The accused cannot leave the their respective jurisdictions.
country without the permission
of the bondsmen and the court.
The bondsmen may be relieved Sec 26 Bail Is not a bar to
from the responsibility over the objection to objections on illegal
accused: arrest, lack or irregular
1) Arrest the principal and preliminary investigation.
deliver him to the proper
authorities. THE APPLICATION FOR ADMISSION
2) They may cause the arrest TO BAIL SHALL NOT BAR THE
of the accused to be made ACCUSED FROM:
by any police officer or 1) Challenging the validity of the
other person of suitable age arrest.
or discretion. 2) The legality of the warrant
3) By endorsing the authority issued therefore; or
to arrest upon a certified 3) From assailing the regularity or
copy of the undertaking and questioning the absence of a
 preliminary investigation pf the The court shall observe the
charge against him. matter as early as practicable,
but not later than the start of
Provided that the accused the trial of the case.
raises them before entering his
plea.