ADMINISTRATIVE
CIRCULAR NO. 12-94
TO:
THE
COURT OF APPEALS, SANDIGANBAYAN, REGIONAL TRIAL COURTS, METROPOLITAN
TRIAL
COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES,
MUNICIPAL
CIRCUIT TRIAL COURTS, SHARI’A DISTRICT COURTS AND SHARI’A CIRCUIT
COURTS,
ALL MEMBERS OF THE GOVERNMENT PROSECUTION SERVICE AND ALL MEMBERS OF
THE
INTEGRATED BAR OF THE PHILIPPINES
SUBJECT:
AMENDMENTS
TO RULE 114 OF THE 1985 RULES ON CRIMINAL PROCEDURE, AS AMENDED.
RULE
114BAIL
SECTION 1. Bail
Defined. - Bail is the security given for the release of a person
in
custody of the law, furnished by him or a bondsman, conditioned upon
his
appearance before any court as required under the conditions
hereinafter
specified. Bail may be given in the form of corporate surety, property
bond, cash deposit or recognizance. (1)
SEC. 2. Conditions
of the Bail; Requirements. – All kinds of bail are subject to the
following
conditions:chanrobles virtual law library
[a] The
undertaking
shall be effective upon approval and remain in force at all stages of
the
case, unless sooner cancelled, until the promulgation of the judgment
of
the Regional Trial Court, irrespective of whatever the case was
originally
filed in or appealed to it;
[b] The
accused shall
appear before the proper court whenever so required by the court or
these
Rules;
[c] The
failure of the
accused to appear at the trial without justification despite due notice
to him or his bondsman shall be deemed an express waiver of his right
to
be present on the date specified in the notice. In such case, the trial
may proceed in absentia; and
[d] The
bondsman shall
surrender the accused to the court for execution of the final judgment.The original
papers
shall state the full name and address of the accused, the amount of the
undertaking and the conditions herein required. Photographs (passport
size)
taken recently showing the face, left and right profiles of the accused
must be attached thereto. (2a)
SEC.3 No
Release
or Transfer Except on Order of the Court or Bail. – No person under
detention by legal process shall be released or transferred except upon
lawful order of the court or when he is admitted to bail as prescribed
in this Rule.(n)
SEC.4 Bail,
a
Matter of Right. – All persons in custody shall: (a) before or
after
conviction by the Metropolitan Trial Court, Municipal Trial Court,
Municipal
Trial Court in Cities and Municipal Circuit Trial Court, and (b) before
conviction by the Regional Trial Court of an offense not punishable by
death, reclusion perpetua or life imprisonment, be admitted to
bail
as a matter of right, with sufficient sureties, or be released on
recognizance
as prescribed by law or this Rule. (3a)
SEC.5 Bail,
When
Discretionary. – Upon conviction by the Regional Trial Court of an
offense not punishable by death, reclusion perpetua or life
imprisonment,
the court, on application, may admit the accused to bail.cralaw:red
The Court,
in its
discretion, may allow the accused to continue on provisional liberty
under
the same bail bond during the period of appeal subject to the consent
of
the bondsman.cralaw:red
If the
Court imposed
a penalty of imprisonment exceeding six (6) years but not more than
twenty
(20) years, the accused shall be denied bail, or his bail previously
granted
shall be cancelled, upon a showing by the prosecution, with notice to
the
accused, of the following or other similar circumstances:chanrobles virtual law library
(a) That
the accused
is a recidivist, quasi-recidivist, or habitual delinquent, or has
committed
the crime aggravated by the circumstance of reiteration;
(b) That
the accused
is found to have previously escaped from legal confinement, evaded
sentence,
or has violated the conditions of his bail without valid justification;
(c) That
the accused
committed the offense while on probation, parole, or under conditional
pardon;
(d) That
the circumstances
of the accused or his indicate the probability of flight of released on
bail; or
(e) That
there is
undue risk that during the pendency of the appeal, the accused may
commit
another crime.cralaw:red
The
appellate court
may review the resolution of the Regional Trial Court, on motion and
with
notice to the adverse party. (n) SEC. 6 Capital
Offense,
Defined. – A capital offense, as the term is used in these Rules,
is
an offense which, under the law existing at the time of its commission
and at the time of the application to be admitted to bail, may be
punished
with death. (4)
SEC.7 Capital
Offense or an Offense Punishable by Reclusion Perpetua or Life
Imprisonment,
Not Bailable. – No person charged with a capital offense or an
offense
punishable by reclusion perpetua or life imprisonment, when
evidence
of guilt is strong, shall be admitted to bail regardless of the stage
of
the criminal prosecution. (n)
SEC.8
Burden of
Proof in Bail application. – At the hearing of an application for
admission
to bail filed by any person who is in custody for the commission of an
offense punishable by death, reclusion perpetua or life
imprisonment,
the prosecution has the burden of showing that evidence of guilt is
strong.
The evidence presented during the bail hearings shall be considered
automatically
reproduced at the trial, but upon motion of either party, the court may
recall any witness for additional examination unless the witness is
dead,
outside of the Philippines or otherwise unable to testify. (5a)
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 guidelines:chanrobles virtual law library
[a]
Financial ability
of the accused to give bail;
[b] Nature
and circumstances
of the offense;
[c] Penalty
of the
offense charged;
[d]
Character and
reputation of the accused;
[e] Age and
health
of the accused;
[f] The
weight of
the evidence against the accused;
[g]
Probability of
the accused appearing in trial;
[h]
Forfeiture of
other bonds;
[i] The
fact that
accused was a fugitive from justice when arrested; and cralaw:red
[j] The
pendency
of other cases in which the accused is under bond.cralaw:red
Excessive
bail shall
not be required. (6) SEC. 10. Corporate
Surety. – Any domestic or foreign corporation licensed as a surety
in accordance with law and currently authorized to act as such may
provide
bail by a bond subscribed jointly by the accused and an officer duly
authorized
by its board of directors.(7)
SEC. 11 Property
Bond, How Posted. – A property bond is an undertaking constituted
as
a lien on the real property given as security for the amount of the
bail.
Upon approval of the bond, the Court shall order the accused to cause
the
annotation of the lien within ten (10) days on the original torrens
title
on file with the Register of Deeds, if the land is registered, or if
unregistered,
in the Registration Book on the space provided therefor, in the office
of the Register of Deeds for the province or city where the land lies,
and on the corresponding tax declaration in the office of the
provincial
and municipal assessor concerned. Non-compliance with the order shall
be
sufficient cause for cancellation of the property bond.(8)
SEC. 12 Qualification
of Sureties in Property Bond. – The necessary qualification of
sureties
to a property bond shall be as follows:chanrobles virtual law library
[a] Each
of them
must be a resident of a real estate within the Philippines;
[b] Where
there is
only one surety, his real estate must be worth at least the amount of
the
undertaking;
[c] In case
there
are two or more sureties, they may justify severally in amounts less
than
that expressed in the undertaking if the entire sum justified to is
equivalent
to the whole amount of bail demanded.cralaw:red
In all
cases, every
surety must be worth the amount specified in his own undertaking over
and
above all just debts, obligations and property exempt from execution. (9a) SEC. 13. Justification
of Sureties. – Every surety shall justify by affidavit taken before
the judge, that each possesses the qualifications named in the
preceding
section, and shall be required to describe the property given as
security,
stating the nature of his title thereto, the encumbrances thereon, the
number and amount of other bonds entered into by him and remaining
undischarged,
and his other liabilities. The court may further examine the sureties
upon
oath concerning their sufficiency in such manner as it may deem proper.
No bond shall be approved unless the surety is qualified.(10)
SEC. 14. Deposit
of Cash as Bail. – The accused or any person acting in his behalf
may
deposit in cash with the nearest collector of internal revenue, or
provincial,
city or municipal treasurer the amount of bail fixed by the court or
recommended
by the prosecutor who investigated or filed the case, and upon
submission
of a proper certificate of deposit and of a written undertaking showing
compliance with the requirements of Section 2 hereof, the accused shall
be discharged from custody. Money thus deposited shall be considered as
bail and applied to the payment of any fine and costs and the excess,
if
any, shall be returned to the accused or to whoever made the deposit. (11)
SEC. 15.
Recognizance.
– Whenever allowed pursuant to law or these Rules, the Court may
release
a person in custody on his own recognizance or that of a responsible
person.(12)
SEC.16. Bail,
When Not Required; Reduced Bail or Recognizance. - No bail shall be
required when the law or these Rules so provide.cralaw:red
When a
person has
been in custody for a period equal to or more than the possible maximum
imprisonment of the offense charged to which he may be sentenced, he
shall
be released immediately, without prejudice to the continuation of the
trial
thereof or the proceedings on appeal. In case the maximum penalty to
which
the accused may be sentenced is destierro, he shall be released
after thirty (30) days of preventive imprisonment.cralaw:red
A person in
custody
for a period equal to or more than the minimum of the principal penalty
prescribed for the offense charged, without application of the
Indeterminate
Sentence Law or any modifying circumstance, shall be released on a
reduced
bail or on his own recognizance, at the discretion of the Court. (13)
SEC. 17 Bail,
Where Filed. – (a) Bail in the amount fixed may be filed with the
Court
where the case is pending, or, in the absence or unavailability of the
judge thereof, with another branch of the same court within the
province
or city. If the accused is arrested in a province, city or municipality
other than where the case is pending, bail may be filed also with any
regional
trial court of said place, or, if no judge thereof is available, with
any
metropolitan trial judge, municipal trial judge or municipal circuit
trial
judge therein.cralaw:red
[b]
Whenever the
grant of bail is a matter of discretion, or the accused seeks to be
released
on recognizance, the application therefor may be filed only in the
particular
Court where the case is pending, whether for preliminary investigation,
trial, or on appeal.
[c] Any person
in custody
who is not yet charged in Court may apply for bail with any court in
the
province, city or municipality where he is held. (14)SEC. 18.
Notice of
Application to Prosecutor. – In the application for bail under the
preceding section, the Court must give reasonable notice of the hearing
to the prosecutor or require him to submit his recommendation. (15a)
SEC. 19 Release
on Bail. – The accused must be discharged upon approval of the bail
by the judge with whom it was filed in accordance with Section 17
thereof.cralaw:red
Whenever
bail is
filed with a Court other than where the case is pending, the judge
accepting
the bail shall forward the bail, the order of release and other
supporting
papers to theCourt where the case is pending, which may, for good
reason,
require a different one to be filed. (16a)
SEC. 20. Increase
or Reduction of Bail. – After the accused shall have been admitted
to bail, the Court may, upon good cause shown, either increase or
decrease
the amount of the same. If increased, the accused may be committed to
custody
unless he gives bail in the increased amount thereof within a
reasonable
period. An accused held to answer a criminal charge but who is released
without bail on the filing of a complaint or information, may, at any
subsequent
stage of the proceedings whenever a strong showing of guilt appears to
the court, be required to give bail in the amount fixed, or in lieu
thereof
may be committed to custody.(17)
SEC.21. Forfeiture
of Bail Bond. – When the presence of the accused is specifically
required
by the Court, or these Rules, his bondsman shall be notified to produce
him before the Court on a given date. If the accused fails to appear in
person as required, the bond shall be declared forfeited and the
bondsmen
are given thirty (30) days within which to produce their principal and
to show cause why judgment should not be rendered against them for the
amount of their bond. Within the said period, the bondsmen:chanrobles virtual law library
[a] must
produce
the body of their principal or give the reason for his non-production;
and
[b] must
explain satisfactorily
why the accused did not appear before the court when first required to
do so.Failing in
these two
requisites, a judgment shall be rendered against the bondsmen, jointly
and severally, for the amount of the bond, and the Court shall not
reduce
or otherwise mitigate the liability of the bondsmen, except when the
accused
has been surrendered or is acquitted. (18)
SEC. 22.
Cancellation
of Bail Bond. - Upon application filed with the Court and after due
notice to the prosecutor, the bail bond may be cancelled upon surrender
of the accused or proof of his death.cralaw:red
The bail
bond shall
be deemed automatically cancelled upon acquittal of the accused or
dismissal
of the case or execution of the final judgment of conviction.cralaw:red
In all
instances,
the cancellation shall be without prejudice to any liability on the
bond. (19a)
SEC. 23. Arrest
of Accused Out on Bail. – For the purpose of surrendering the
accused,
the bondsmen may arrest him or on written authority endorsed on a
certified
copy of the undertaking may cause him to be arrested by any officer or
any other person of suitable age and discretion.cralaw:red
An accused
released
on bail may be re-arrested without the necessity of a warrant if he
attempts
to depart from the Philippines without prior permission of the Court
where
the case is pending. (20)
SEC. 24. No
Bail
After Final Judgment; Exception. – An accused shall not be allowed
bail after the judgment has become final, unless he has applied for
probation
before commencing to serve sentence, the penalty and the offense being
within the purview of the Probation Law. In case the accused has
applied
for probation, he may be allowed temporary liberty under his bail bond,
but if no bail was filed or the accused is incapable of filing one, the
Court may allow his release on recognizance to the custody of a
responsible
member of the community. In no case shall bail be allowed after the
accused
has commenced to serve sentence. (21a)
SEC.25. Court
Supervision of Detainees. – The Court shall exercise supervision
over
all persons in custody for the purpose of eliminating all unnecessary
detention.
The executive judges of the Regional Trial Courts shall conduct monthly
personal inspections of provincial, city or municipality jails and
their
prisoners within their respective jurisdiction, to inquire into their
proper
accommodation and health, the number of detainees, the condition of the
jail facilities, the segregation of sexes and of minors from the
adults,
the observance of the right of detainees to confer privately with
counsel,
and the elimination of conditions disadvantageous to the detainees.cralaw:red
In cities
and municipalities
to be specified by the Supreme Court, the municipal trial judges or
municipal
circuit trial judges shall conduct monthly personal inspections of
municipal
jails of their respective municipalities, and submit a report to the
executive
judge of the Regional Trial Court having jurisdiction therein.cralaw:red
A monthly
report
of such visitation shall be submitted by the executive judges to the
Court
Administrator, stating the total number of detainees, at least the
names
of those held for more than thirty (30) days, the duration of
detention,
the crime charged, the status of the case, the cause for detention, the
crime charged, the status of the case, the cause for detention, and
other
pertinent information. (22)
The
amendments shall
take effect on October 1, 1994.cralaw:red
Let the
Clerk of
Court cause the publication of these amendments in two (2) national
newspapers
of general circulation.cralaw:red
August 16,
1994.
[Sgd.]
ANDRES
R. NARVASAChief
Justice |