On

 Bail to secure appearance of material witness


Section 14. Bail to secure appearance of material witness. — When the court is satisfied, upon proof or oath, that a material witness will not testify when required, it may, upon motion of either party, order the witness to post bail in such sum as may be deemed proper. Upon refusal to post bail, the court shall commit him to prison until he complies or is legally discharged after his testimony has been taken. 


People v Montejo, 21 SCRA 722 (1967)

- Even if the witness has been cited to appear before a court sitting outside of the province in which he resides and the distance is more than 50km (now 100km) from his place of residence by the usual course of travel, he is still bound by the subpoena. Rule 23 applies only in civil cases.


If the court is satisfied upon proof or oath that a material witness will not testify when required, it may order the witness to post bail in such sum as may be deemed proper. If the witness refuses to post bail, the court shall imprison him until he complies or is legally discharged after his testimony has been taken.


Bar Exam Question (1999)


Bail; Witness Posting Bail (1999)


May the Court require a witness to post bail? Explain your answer. 


Suggested Answer:


Yes. The court may require a witness to post bail if he is a material witness and bail is needed to secure his appearance. The rules provide that when the court is satisfied, upon proof or oath, that a material witness will not testify when required, it may, upon motion of either party, order the witness to post bail in such sum as may be deemed proper. Upon refusal to post bail, the court shall commit him to prison until he complies or is legally discharged after his testimony is taken. (Sec. 14, Rule 119)