BAIL - It is the security given for the release of a person in custody
of the law, furnished by him or a bondsman, to guarantee his appearance
before any court as required under the conditions hereinafter specified.
Bail may be given in the form of a corporate surety, property bond,
cash deposit or recognizance.
PURPOSES OF A BAIL:
1. to honor the presumption of innocence until his guilt is proven
beyond reasonable doubt
2. to enable him to prepare his defense without being subject to
punishment prior to conviction.
FORMS OF BAIL:
1. corporate surety
2. property bond
3. cash deposit
Bail Bond vs. Recognizance
Bail Bond - An obligation under seal given by the accused with one
or more sureties and made payable to the proper officer with the
condition to be void upon performance by the accused of such acts
as he may legally be require to perform.
Recognizance - An obligation of record, entered into before some
court or magistrate duly authorized to take it with the condition
to do some particular act.
NOTE: A person is in the custody of law when he has been arrested or
otherwise deprived of his freedom or when he has voluntarily submitted
himself to the jurisdiction of the court by surrendering to the proper
All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong shall, before conviction,
Prosecution Witnesses May Also Be Required To Post Bail To
Ensure Their Appearance At The Trial Of The Case Where:
a. There is a substitution of information (Sec. 4, Rule 110)
b. Where the court believes that a material witness may not appear
at the trial. (Sec. 14, Rule 119)
Upon assumption of the obligation of bail, the sureties become in law
the jailers their principal.
As bail is intended to obtain or secure one’s provisional liberty, the
same cannot be posted before custody over him has been acquired by
Requiring Arraignment Before Grant Of Bail Is Not Valid Because:
a. The trial court could ensure the presence of the accuse at the
arraignment precisely by granting bail and ordering his presence
at any stage of the proceedings such as arraignment (Sec. 2[b], Rule 114);
b. The accused will be placed in a position where has to choose
between filing a motion to quash and thus delay his release on
bail and foregoing the filing of a motion to quash so that he can
be arraigned at once and thereafter be released on bail.
(Lavides v. Court of Appeals, 324 SCRA 321)