Section 22. Cancellation of bail
Bail is cancelled:
1. Upon application of the bondsmen with due notice to the prosecutor,
upon surrender of the accused or proof of his death;
2. Upon acquittal of the accused;
3. Upon dismissal of the case; or
4. Execution of judgment of conviction.
Without prejudice to any liability on the bail.
Section 23. Arrest of accused out on bail
The bondsmen who put the bail bond for the accused become the jailers
and they or the police officer to whom authority is endorsed may arrest
the accused for the purpose of surrendering him to the court. The
accused cannot leave the country without the permission of the bondsmen
and the court.
How Sureties May Be Relieved From Responsibility over The Accused:
1. Arrest the principal and deliver him to the proper authorities.
2. They may cause the arrest of the accused to be made by any police
officer or other person of suitable age or discretion.
3. By endorsing the authority to arrest upon a certified copy of the
undertaking and delivering it to such officer or person.
An accused released on bail may be re-arrested without the necessity
of a warrant if he attempts to depart from the Philippines without
permission of the court where the case is pending.
Hold Departure Orders
- Supreme Court Circular No. 39-97 dated June 19, 1997 limits the
authority to issue hold departure orders to the RTCs in criminal
cases within their exclusive jurisdiction. Consequently, MTC
judges have no authority to issue hold-departure orders,
following the maxim, express mention implies the exclusion.
Neither does he have authority to cancel one which he issued.
Section 24. No bail after final judgment; exception
- No bail shall be allowed after the judgment has become final,
as what is left is for him to serve the sentence.
- When he has applied for probation before commencing to
serve sentence, the penalty and the offense being within
the purview of the Probation Law. The application for
probation must be filed within the period of perfecting an
appeal. Such filing operates as a waiver of the right to
Exception To The Exception
- The accused shall not be allowed to be released on
bail after he has commenced to serve his sentence.
Section 26. Bail is not a bar to objections on illegal arrest, lack
of or irregular preliminary investigation
An Application For Admission To Bail Shall Not Bar The Accused From:
1. Challenging the validity of his arrest; or
2. The legality of the warrant issued therefore; or
3. From assailing the regularity or questioning the absence of a
preliminary investigation of the charge against him.
Provided that the accused raises them before entering his plea.
The court shall observe the matter as early as practicable, but not
later than the start of the trial of the case.