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Guidelines On The Amount Of Bail

Sec. 9. Amount of bail; guidelines. – The judge who issued the warrant or granted the application shall fix a reasonable amount of bail considering primarily, but not limited to, the following factors:

(a) Financial liability of the accused to give bail;

(b) Nature and circumstance of the offense;

(c) Penalty for the offense charged;

(d) Character and reputation of the accused;

(e) Age and health of the accused;

(f) Weight of the evidence against the accused;

(g) Probability of the accused appearing at the trial;

(h) Forfeiture of other bail;

(i) The fact that the accused was a fugitive from justice when
arrested; and

(j) Pendency of other cases where the accused is on bail. Excessive bail shall not be required.

WHAT DETERMINES IF BAIL IS EXCESSIVE OR NOT? IS IT THE AMOUNT?

> It doesn't depend on the amount but is dependent on the circumstances of the accused particularly his financial capacity

WHAT ARE THE GUIDELINES IN SETTING THE AMOUNT OF BAIL?

1.    Financial liability of the accused to give bail;
2.    Nature and circumstance of the offense;
3.    Penalty for the offense charged;
4.    Character and reputation of the accused;
5.    Age and health of the accused;
6.    Weight of the evidence against the accused;
7.    Probability of the accused appearing at the trial;
8.    Forfeiture of other bail;
9.    The fact that the accused was a fugitive from justice when arrested; and
10. Pendency of other cases where the accused is on bail.

WHAT HAPPENS WHEN THE JUDGE IMPOSES EXCESSIVE BAIL?

> The judge may be administratively sanctioned and filed as the judge violates the constitutional right of the accused to bail and its prohibition on excessive bail
> The judge makes the right a teasing illusion like a munificent bequest in a pauper’s will