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