Bail When Discretionary

Section 5.

1. Not entitled to bail:
- An accused who has been convicted of an offense which carries a penalty of more than 20 years is not entitled to bail during the pendency of his appeal.
- An accused who is convicted of a capital offense is no longer entitled to bail on appeal since his conviction imports that the evidence of guilt is strong.

2. Trial court may grant bail before appeal is perfected
- Whether bail is a matter of right or discretion, the trial court may grant bail and approve the amount of the bail bond before the accused has perfected his appeal, appeal being perfected upon filing of a written notice of appeal and furnishing the adverse party copy thereof.

- However if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the appellate court.

- Even if there is no notice of appeal, if the decision of the TC convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the appellate court.

3. After appeal is perfected, the trial court loses jurisdiction to grant bail and to approve bail bond.
- However, the accused may apply for bail or provisional liberty with the appellate court.

If The Penalty Imposed By The Trial Court Is Imprisonment Exceeding 6 Years, The Accused Shall Be Denied Bail Or His Bail Be Cancelled Upon A Showing By The Prosecution The Following:

a. Recidivism, quasi-recidivist or habitual delinquent or has committed the crime aggravated by the circumstance of reiteration;

b. That he has previously escaped from legal confinement, evaded sentence or violated the condition of his bail without valid justification;

c. That he committed the offense while under probation, parole or conditional pardon;

d. That the circumstances of his case indicate the probability of flight if released on bail; or

e. That there is undue risk that he may commit another crime during the pendency of the appeal.