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Bail, When Discretionary


Section 5.

1. Not entitled to bail:
      - An accused who has been convicted of an offense which carries
        a penalty of more than 20 years is not entitled to bail during
        the pendency of his appeal.

      - An accused who is convicted of a capital offense is no longer
        entitled to bail on appeal since his conviction imports that
        the evidence of guilt is strong.

2. Trial court may grant bail before appeal is perfected
      - Whether bail is a matter of right or discretion, the trial
        court may grant bail and approve the amount of the bail bond
        before the accused has perfected his appeal, appeal being
        perfected upon filing of a written notice of appeal and
        furnishing the adverse party copy thereof.

      - However if the decision of the trial court convicting 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.

      - Even if there is no notice of appeal, if the decision of the
        TC convicting 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.

3. After appeal is perfected, the trial court loses jurisdiction to
   grant bail and to approve bail bond.
      - However, the accused may apply for bail or provisional liberty
        with the appellate court.

If The Penalty Imposed By The Trial Court Is Imprisonment Exceeding 6
Years, The Accused Shall Be Denied Bail Or His Bail Be Cancelled Upon
A Showing By The Prosecution The Following:
a. Recidivism, 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 condition 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.











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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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