Bail, Where Filed
Section 16. Bail, when not required; reduced bail or recognizance
Bail is not required when the law or rules provide:
1. Offense charged is violation of an ordinance, light felony or
criminal offense the imposable penalty does not exceed 6 months of
imprisonment and/or fine of P2,000 under RA 6036.
2. Where the accused applied for probation and before the same has
been resolved but no bail was filed or the accused is incapable
of filing one, in which case he may be released on his own
recognizance.
3. In case of a youthful offender held for physical or mental
examination, trial or appeal, if unable to furnish bail and under
the circumstances provided by P.D. 603, as amended.
4. A person who has been in custody for a period equal to or more
than the possible maximum imprisonment prescribed for the offense
charged, without prejudice to the continuation of the trial or
the proceedings on appeal.
5. A person accused of an offense with a maximum penalty of destierro
shall be released after 30 days of preventive imprisonment.
Reduced Bail
- A person in custody for a period to or more than the minimum of
the principal penalty prescribed for the offense charged, without
application of the Indeterminate Sentence Law or any modifying
circumstance, shall be released on a reduced bail or on his own
recognizance at the discretion of the court.
Section 17. Bail, where filed
Where Bail is Filed:
1. May be filed with the court where the case is pending; or
2. In the absence or unavailability of the judge thereof, with the
regional trial judge or any inferior court judge in the province,
city or municipality;
3. If the accused was arrested in a province, city or municipality
other than the case is pending, bail may be filed with the RTC
of the said place or if no judge is available, with any inferior
court judge therein;
4. Where bail is a matter of discretion or the accused seeks to be
released on recognizance, it may only be filed in the court where
the case is pending, whether on trial or appeal;
5. Any person not yet charged in court may apply for bail with any
court in the province, city or municipality where he is held;
6. If the accused was convicted and the nature of the offense changed
from non-bailable to bailable, the application can be made with and
resolved by the appellate court.
A judge presiding in one branch has no power to grant bail to an
accused who is being tried in another branch presided by another
judge who is not absent or unavailable, and his act of releasing him
on bail constitutes ignorance of law which subjects him to
disciplinary sanction.
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