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

Bail is not required when the law or rules provide:

1. Offense charged is a 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

Section 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 any regional trial judge, metropolitan trial judge, municipal trial judge, or municipal circuit trial judge in the province, city, or municipality. If the accused is arrested in a province, city, or municipality other than where the case is pending, bail may also be filed 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.

(b) Where the grant of bail is a matter of discretion, or the accused seeks to be released on recognizance, the application may only be filed in the court where the case is pending, whether on 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.

Where Bail is Filed:

1. Maybe 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.

Bar Exam Question (2002)

Bail; Application; Venue (2002)

If an information was filed in the RTC-Manila charging D with homicide and he was arrested in Quezon City,
in what court or courts may he apply for bail? Explain.

Suggested Answer:

D may apply for bail in the RTC-Manila where the information was filed or in the RTC-Quezon City where he was arrested, or if no judge, thereof is available, with any metropolitan trial judge, municipal trial judge, or municipal circuit trial judge therein. (Rule 114, sec. 17).