News Ticker

Menu

Condition Of The Bail; Requirements


Section 2.

The Surety's Liability Covers All These 3 Stages
a. trial
b. promulgation
c. the execution of the sentence.

Unless the court directs otherwise, the bail bond posted by an accused
remains in force at all stages of the case until its final determination.

The accused shall appear before the proper court whenever required by
the court or rules.

Failure of the accused to appear at the trial without justification
despite due notice shall be deemed a waiver of his right to be present
thereat. The trial may proceed in absentia.

The bondsman shall surrender the accused to court for execution of
the final judgment.

If the accused presents his notice of appeal, the trial court will
order the accused to be taken into custody in the absence of a new
bail bond on appeal duly approved by the court. If the accused does
not appeal, the bondsman must produce the accused on the 15th day
from promulgation of sentence for service of sentence.

Yap v. CA and the People, G.R. No. 141529 (2001)
   - The prohibition against requiring excessive bail is enshrined in
     the Constitution. The obvious rationale is that imposing bail in
     an excessive amount could render meaningless the right to bail.
     The court has wide latitude in fixing the amount of bail. Where
     it fears that the accused may jump bail, it is certainly not
     precluded from installing devices to ensure against the same.
     Options may include increasing the bail bond to an appropriate
     level, or requiring the person to report periodically to the
     court and to make an accounting of his movements. Although an
     increase in the amount of bail while the case is on appeal may
     be meritorious, the SC found that the setting of the amount at
     P5.5M is unreasonable, excessive, and constitutes an effective
     denial of A’s right to bail.

        The Bail Bond Guide, a circular of the Department of Justice for
     the guidance of state prosecutors, although technically not binding
     upon the courts, “merits attention, being in a sense an expression
     of policy of the Executive Branch, through the DOJ, in the
     enforcement of criminal laws.” Thus, courts are advised that they
     must not only be aware but should also consider the Bail Bond
     Guide due to its significance in the administration of criminal
     justice. This notwithstanding, the Court is not precluded from
     imposing in A’s case an amount higher than P40T (based on the
     Bail Bond Guide) where it perceives that an appropriate increase
     is dictated by the circumstances.







Share This:

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.

No Comment to " Condition Of The Bail; Requirements "

Post Any Question Or Correction

  • To add an Emoticons Show Icons
  • To add code Use [pre]code here[/pre]
  • To add an Image Use [img]IMAGE-URL-HERE[/img]
  • To add Youtube video just paste a video link like http://www.youtube.com/watch?v=0x_gnfpL3RM