The Surety's Liability Covers All These 3 Stages
c. the execution of the sentence.
Unless the court directs otherwise, the bail bond posted by an accused
remains in force at all stages of the case until its final determination.
The accused shall appear before the proper court whenever required by
the court or rules.
Failure of the accused to appear at the trial without justification
despite due notice shall be deemed a waiver of his right to be present
thereat. The trial may proceed in absentia.
The bondsman shall surrender the accused to court for execution of
the final judgment.
If the accused presents his notice of appeal, the trial court will
order the accused to be taken into custody in the absence of a new
bail bond on appeal duly approved by the court. If the accused does
not appeal, the bondsman must produce the accused on the 15th day
from promulgation of sentence for service of sentence.
Yap v. CA and the People, G.R. No. 141529 (2001)
- The prohibition against requiring excessive bail is enshrined in
the Constitution. The obvious rationale is that imposing bail in
an excessive amount could render meaningless the right to bail.
The court has wide latitude in fixing the amount of bail. Where
it fears that the accused may jump bail, it is certainly not
precluded from installing devices to ensure against the same.
Options may include increasing the bail bond to an appropriate
level, or requiring the person to report periodically to the
court and to make an accounting of his movements. Although an
increase in the amount of bail while the case is on appeal may
be meritorious, the SC found that the setting of the amount at
P5.5M is unreasonable, excessive, and constitutes an effective
denial of A’s right to bail.
The Bail Bond Guide, a circular of the Department of Justice for
the guidance of state prosecutors, although technically not binding
upon the courts, “merits attention, being in a sense an expression
of policy of the Executive Branch, through the DOJ, in the
enforcement of criminal laws.” Thus, courts are advised that they
must not only be aware but should also consider the Bail Bond
Guide due to its significance in the administration of criminal
justice. This notwithstanding, the Court is not precluded from
imposing in A’s case an amount higher than P40T (based on the
Bail Bond Guide) where it perceives that an appropriate increase
is dictated by the circumstances.