Bail As A Matter Of Discretion
Category: Criminal Procedure
Bail As A Matter Of Discretion
Sec. 5. Bail, when discretionary. – Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. The 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. However, if the decision of the trial court conviction the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the appellate court.
Should the court grant the application, the accused may be allowed 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 exceeding six (6) years, the accused shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accused, of the following or other similar circumstances:
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration;
(b) That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without valid justification;
(c) That he committed the offense while under probation, parole, or conditional pardon;
(d) That the circumstances of his case indicate the probability of flight if released on bail; or (e) That there is undue risk that he may commit another crime during the pendency of the appeal.
The appellate court may, motu proprio or on motion of any party, review the resolution of the Regional Trial Court after notice to the adverse party in either case.
IF THE ACCUSED IS CONVICTED IN THE RTC FOR AN OFFENSE WITH LESS THAN 6 YEARS OF IMPRISONMENT, IS BAIL A MATTER OF RIGHT OR OF DISCRETION?
> It is matter of discretion
> Bail after conviction in the RTC for an offense not punishable by a
capital punishment is a matter of discretion
IF THE ACCUSED IS CONVICTED IN THE RTC FOR AN OFFENSE PUNISHABLE FROM 6 TO 8 YEARS, IS BAIL A MATTER OF RIGHT OR OF DISCRETION?
> It is neither a matter of right nor a matter of discretion. Why? It should be denied due to the high flight risk.
WHEN CAN THE PROSECUTION MOVE FOR THE CANCELLATION OR DENIAL OF BAIL OF THE ACCUSED?
> If the penalty imposed by the court is imprisonment for more than 6 years, the prosecution may move for the denial or cancellation of the bail of the accused, with notice to the accused, upon showing of the following circumstances:
1. That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration;
2. That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without valid justification;
3. That he committed the offense while under probation, parole, or conditional pardon;
4. That the circumstances of his case indicate the probability of flight if released on bail; or
5. That there is undue risk that he may commit another crime during the pendency of the appeal.
WHEN MAY A PERSON BE NOT ADMITTED TO BAIL?
> When the evidence of guilt is strong, a person shall not be admitted to bail if charged with a capital offense, or when charged with an offense that under the law is punishable with reclusion
perpetua at the time of the commission of the offense and at the time of application for bail
WHEN IS A BAIL HEARING NECESSARY?
> The present rules provide that a bail hearing is mandatory on granting bail, whether it is a matter of right or of discretion
> Even in cases where there is no petition for bail, a hearing should still be had
> It is incumbent upon the prosecution to show evidence of guilt is strong. Even if there is absence or refusal, court shall still conduct a hearing.
IF PROSECUTOR REFUSES, WHAT EVIDENCE SHOULD BE USED BY THE COURT?
> If the prosecutor refuses to cooperate, the evidence that should be used by the court is the evidence found in the information, complaint or even the records of the case or preliminary investigation conducted
CAN THE COURT MOTU PROPIO GRANT BAIL EVEN IF THERE IS NO APPLICATION?
> No.
WHAT IS REQUIRED OF THE JUDGE WHO DENIES AN APPLICATION FOR BAIL?
> The order denying bail issued by the judge should contain a summary of the evidence presented and the reason for the denial, otherwise, it shall be void
> The reason is that there is a need for clear grounds before a person can be denied his liberty
> This is to safeguard the constitutional right to presumption of innocence
IF THERE IS A POSSIBILITY THAT THE ACCUSED WOULD JUMP BAIL, WHAT CAN THE COURT DO?
1. Increase the amount of the bail
2. Require periodic reports of the accused to court
3. Warn the accused that should he jump bail, the trial may proceed in absentia
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Bail As A Matter Of Discretion
Category: Criminal Procedure
Bail As A Matter Of Discretion
Sec. 5. Bail, when discretionary. – Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. The 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. However, if the decision of the trial court conviction the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the appellate court.
Should the court grant the application, the accused may be allowed 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 exceeding six (6) years, the accused shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accused, of the following or other similar circumstances:
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration;
(b) That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without valid justification;
(c) That he committed the offense while under probation, parole, or conditional pardon;
(d) That the circumstances of his case indicate the probability of flight if released on bail; or (e) That there is undue risk that he may commit another crime during the pendency of the appeal.
The appellate court may, motu proprio or on motion of any party, review the resolution of the Regional Trial Court after notice to the adverse party in either case.
IF THE ACCUSED IS CONVICTED IN THE RTC FOR AN OFFENSE WITH LESS THAN 6 YEARS OF IMPRISONMENT, IS BAIL A MATTER OF RIGHT OR OF DISCRETION?
> It is matter of discretion
> Bail after conviction in the RTC for an offense not punishable by a
capital punishment is a matter of discretion
IF THE ACCUSED IS CONVICTED IN THE RTC FOR AN OFFENSE PUNISHABLE FROM 6 TO 8 YEARS, IS BAIL A MATTER OF RIGHT OR OF DISCRETION?
> It is neither a matter of right nor a matter of discretion. Why? It should be denied due to the high flight risk.
WHEN CAN THE PROSECUTION MOVE FOR THE CANCELLATION OR DENIAL OF BAIL OF THE ACCUSED?
> If the penalty imposed by the court is imprisonment for more than 6 years, the prosecution may move for the denial or cancellation of the bail of the accused, with notice to the accused, upon showing of the following circumstances:
1. That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration;
2. That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without valid justification;
3. That he committed the offense while under probation, parole, or conditional pardon;
4. That the circumstances of his case indicate the probability of flight if released on bail; or
5. That there is undue risk that he may commit another crime during the pendency of the appeal.
WHEN MAY A PERSON BE NOT ADMITTED TO BAIL?
> When the evidence of guilt is strong, a person shall not be admitted to bail if charged with a capital offense, or when charged with an offense that under the law is punishable with reclusion
perpetua at the time of the commission of the offense and at the time of application for bail
WHEN IS A BAIL HEARING NECESSARY?
> The present rules provide that a bail hearing is mandatory on granting bail, whether it is a matter of right or of discretion
> Even in cases where there is no petition for bail, a hearing should still be had
> It is incumbent upon the prosecution to show evidence of guilt is strong. Even if there is absence or refusal, court shall still conduct a hearing.
IF PROSECUTOR REFUSES, WHAT EVIDENCE SHOULD BE USED BY THE COURT?
> If the prosecutor refuses to cooperate, the evidence that should be used by the court is the evidence found in the information, complaint or even the records of the case or preliminary investigation conducted
CAN THE COURT MOTU PROPIO GRANT BAIL EVEN IF THERE IS NO APPLICATION?
> No.
WHAT IS REQUIRED OF THE JUDGE WHO DENIES AN APPLICATION FOR BAIL?
> The order denying bail issued by the judge should contain a summary of the evidence presented and the reason for the denial, otherwise, it shall be void
> The reason is that there is a need for clear grounds before a person can be denied his liberty
> This is to safeguard the constitutional right to presumption of innocence
IF THERE IS A POSSIBILITY THAT THE ACCUSED WOULD JUMP BAIL, WHAT CAN THE COURT DO?
1. Increase the amount of the bail
2. Require periodic reports of the accused to court
3. Warn the accused that should he jump bail, the trial may proceed in absentia