Bail is the security given for the release of a person in custody, conditioned on their appearance in court whenever required. It exists because a person is presumed innocent until proven guilty. The Constitution guarantees it, and Rule 114 of the Rules of Criminal Procedure governs how it works.
The constitutional rule
Article III, Section 13 of the Constitution provides that all persons are bailable before conviction, except those charged with offenses punishable by reclusion perpetua when the evidence of guilt is strong. The right to bail is not impaired even if the privilege of the writ of habeas corpus is suspended, and excessive bail shall not be required.
Matter of right or discretion?
Bail as a matter of right
- Before or after conviction by the Metropolitan, Municipal, or Municipal Circuit Trial Court; and
- Before conviction by the Regional Trial Court, for offenses not punishable by death, reclusion perpetua, or life imprisonment.
Bail as a matter of discretion
- After conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment. The court may deny bail if, for example, the accused is a recidivist, has tried to flee, or may commit another crime.
When bail may be denied
For offenses punishable by reclusion perpetua or life imprisonment, the accused is not entitled to bail when the evidence of guilt is strong. The accused files a petition for bail, and the court must hold a hearing, where the prosecution carries the burden of showing that the evidence of guilt is strong. The court cannot deny bail without that hearing and a summary of the evidence in its order.
Forms of bail
- Corporate surety: a bond issued by an accredited bonding company, for a premium.
- Property bond: real property is offered as security and annotated on the title.
- Cash deposit: the full amount is deposited with the court or the authorized office, and is returned at the end of the case subject to deductions.
- Recognizance: release on the undertaking of the accused or a responsible person, available in cases allowed by the Rules and by R.A. 10389, the Recognizance Act of 2012, generally for indigent persons charged with lighter offenses.
The amount is usually based on the Department of Justice's bail bond guide, but the court may adjust it considering the nature of the offense, the financial capacity of the accused, and the risk of flight.
Where to post bail
- With the court where the case is pending.
- If the judge is absent or unavailable, with another branch of the same court in the province or city.
- If arrested in a different province or city, with the Regional Trial Court there, or if no judge is available, any trial court there.
- Even before a case is filed in court, a person in custody may apply for bail with any court in the province or city where he is held.
Posting bail does not waive your defenses
Under Section 26 of Rule 114, applying for or posting bail does not bar the accused from questioning the legality of the arrest or warrant, or irregularities in the preliminary investigation, as long as these are raised before arraignment. Raise them early, or they may be lost.
Conditions you must follow
- Appear in court whenever required. Failure to appear without justification can lead to forfeiture of the bond, a new warrant, and trial in absentia.
- Ask the court's permission before travelling abroad.
Frequently asked questions
Can I post bail before the case reaches court?
Yes. A person in custody who has not yet been charged in court may apply for bail with any court in the province or city where he is held.
Who has to prove that the evidence of guilt is strong?
The prosecution. In a bail hearing for offenses punishable by reclusion perpetua or life imprisonment, the burden is on the prosecution.
Will I get the cash bail back?
Generally yes, after the case ends and the accused has complied with the conditions, subject to any deductions for fines and costs.
Does posting bail mean I admit the charge?
No. Bail is about temporary liberty, not guilt. And if you have objections to your arrest or the preliminary investigation, raise them before arraignment.