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Bail, Where Filed


Section 16. Bail, when not required; reduced bail or recognizance

Bail is not required when the law or rules provide:
1. Offense charged is violation of an ordinance, light felony or
   criminal offense the imposable penalty does not exceed 6 months of
   imprisonment and/or fine of P2,000 under RA 6036.

2. Where the accused applied for probation and before the same has
   been resolved but no bail was filed or the accused is incapable
   of filing one, in which case he may be released on his own
   recognizance.

3. In case of a youthful offender held for physical or mental
   examination, trial or appeal, if unable to furnish bail and under
   the circumstances provided by P.D. 603, as amended.

4. A person who has been in custody for a period equal to or more
   than the possible maximum imprisonment prescribed for the offense
   charged, without prejudice to the continuation of the trial or
   the proceedings on appeal.

5. A person accused of an offense with a maximum penalty of destierro
   shall be released after 30 days of preventive imprisonment.

Reduced Bail
   - A person in custody for a period 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.



Section 17. Bail, where filed

Where Bail is Filed:
1. May be filed with the court where the case is pending; or

2. In the absence or unavailability of the judge thereof, with the
   regional trial judge or any inferior court judge in the province,
   city or municipality;

3. If the accused was arrested in a province, city or municipality
   other than the case is pending, bail may be filed with the RTC
   of the said place or if no judge is available, with any inferior
   court judge therein;

4. Where bail is a matter of discretion or the accused seeks to be
   released on recognizance, it may only be filed in the court where
   the case is pending, whether on trial or appeal;

5. Any person not yet charged in court may apply for bail with any
   court in the province, city or municipality where he is held;

6. If the accused was convicted and the nature of the offense changed
   from non-bailable to bailable, the application can be made with and
   resolved by the appellate court.

A judge presiding in one branch has no power to grant bail to an
accused who is being tried in another branch presided by another
judge who is not absent or unavailable, and his act of releasing him
on bail constitutes ignorance of law which subjects him to
disciplinary sanction.




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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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