Right to bail or Recognizance

Category: Constitutional Law

RIGHT TO BAIL

Article 3, SECTION 13 Philippines Constitution

----- Right to bail or recognizance -----

People v. Nitcha

– murder; claim that arrest was illegal for want of preliminary investigation – Act of posting a bail bond,
apart from the fact that he entered a plea of not guilty, is tantamount to foregoing the right to question the assumed irregularity; Bail is a matter of right when the offense charged is punishable by any penalty lower than reclusion perpetua (absolute); Bail is a matter of discretion when the offense charged is punishable by reclusion perpetua; If accused ins convicted by the crime (reclusion perpetua), bail is neither a matter of right nor a matter of discretion. Bail must not be granted.

Cardines v. Rosete

– illegal recruitment – life imprisonment (special laws), reclusion perpetua (RPC), same standing with regard to bail – under the new rule, life imprisonment (not granted as a matter of right when evidence of guilt is strong.

People v. Sandiganbayan (Special Division)

– Jinggoy Estrada; not a flight risk
– Even if the capital offense charged is bailable owing to the weaknesses of the evidence of guilt, the right to bail can justifiably still be denied if the probability of escape is great; A grant of bail does not
prevent the trier of facts from making a final assessment of the evidence after full trial on the merits. A grant of bail is predicated only on its preliminary appreciation of the evidence adduced in the bail hearing to determine whether the deprivation of the right to bail is warranted.

Government of Hong Kong v. Olalia

– extradition; right to bail –If bail can be granted in deportation cases,, the Court sees no justification why it should not also be ed in extradition cases – clearly the right of a prospective extraditee to apply for bail must be viewed in light of the various treaty obligations of the Philippines concerning respect for the promotion and protection of human rights.

Rodriguez v. Presiding Judge, RTC Manila Br. 17

– when can the right to bail in extradition be available - Bail may be granted to a possible extraditee only upon a clear and convincing showing: 1) that he will not be a flight risk or a danger to the community and; 2) that there exist special, humanitarian and compelling circumstances.

----- Waiver of right -----

People v. Donato

– rebellion is a bailable offense; bail as a matter of right – Right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended; Prosecution does not have the right to present evidence for the denial of bail in the instances where bail is a matter of right, such is required only bail is discretionary;

Waiver of the right

1) the right exists;

2) voluntary relinquishment;

Right to bail may be waived.

----- Excessive bail -----

de la Camara v. Enage

– excessive bail – Where the right to bail exists, is should not be rendered nugatory by requiring a sum
that is so excessive;

Guidelines in fixing the bail:

1) ability of the accused to give bail;

2) nature of the offense;

3) penalty for the offense charged;

4) character and reputation of the accused;

5) health of the accused;

6) character and strength of evidence;

7) probability of the accused appearing in trial;

8) forfeiture of other bonds;

9) whether the accused was a fugitive from justice when arrested;

10) if the accused is under bond for appearance at trial in other cases.