News Ticker

Menu

Forfeiture Of Bail



Section 18. Notice of application to prosecutor

Court to give reasonable notice of the hearing to the prosecutor or

require him to submit his recommendation.



Section 19. Release on bail

Upon approval of the bail by the judge, the accused must be discharged.

An officer who fails or refuses to release him from detention
notwithstanding the approval by the proper court of his bail bond may
be held liable under Art. 126 if the Revised Penal Code for delaying
release.



Section 20. Increase or reduction of bail

The Court may, upon good cause, either increase or reduce the amount
of the bail.

If the accused does not give the increased amount of bail within a
reasonable time will be committed to custody.

NOTE: Where the offense is bailable, the mere probability that the
accused will escape or if he had previously escaped while under
detention does not deprive him of his right to bail. The remedy is
to increase the amount of bail, provided the amount is not excessive.
(Sy Guan v. Amparo, 79 Phil 670)



Section 21. Forfeiture of bail

1. When bail bond forfeited:
      - only in instances where the presence of the accused is
        specifically required by the court or the Rules of Court and,
        despite due notice to the bondsmen to produce him before the
        court on a given date, the accused fails to appear in person
        as so required.

2. To justify exemption from liability on a bail bond or reduction
   thereof, two requisites must be satisfied:
      - production or surrender of the person of the accused within
        30 days from notice of the order of the court to produce the
        body of the accused or giving reasons for its non-production.
      - satisfactory explanations for the non- appearance of the
        accused when first required by the trial court to appear.
           - Compliance with the first requisite without meeting the
             second requisite will not justify non-forfeiture of a
             bail bond or reduction of liability.
      - Failure to PRODUCE the body of the principal or give a reason
        for his non-production and EXPLAIN why the accused did not
        appear before the court when first required to do so, the
        court shall render a judgment against the bondsmen, jointly
        and severally for the amount of the bail.
      - The period of 30 days cannot be shortened by the court but
        may be extended for good cause shown.

Order of Forfeiture vs. Order of Confiscation

Order of Forfeiture - Conditional and interlocutory. It is not appealable.

Order of Confiscation - Not independent of the order of forfeiture.
It is a judgment ultimately determining the liability of the surety
thereunder and therefore final. Execution may issue at once.








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 " Forfeiture Of Bail "

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