In the Philippines, when a person is charged with a criminal offense, they may be entitled to temporary freedom while awaiting trial through the process of posting bail. Bail is a legal mechanism that allows the accused to be released from custody, ensuring their presence during court proceedings. This guide provides an informative and hopefully easy-to-understand overview of the bail process in the Philippines, including eligibility, types of bail, and the steps involved in posting bail.
I. What is Bail?
RULE 114 of the Rules of Court defines bail as follows:
SECTION 1. Bail defined. — Bail the security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions hereinafter specified.
The rule is — one can only apply for bail when that person is in custody of the law. When does one consider to be in the custody of the law?
When someone is arrested, it means that the person is placed in custody so that he may be bound to answer for the commission of an offense. As a basic rule in criminal procedure, the arresting officer has to deliver the arrested person to the nearest police station or jail without unnecessary delay.
Now, bail or “pyansa” can be a sum of money or property deposited with the court to secure the temporary release of an accused individual. It acts as a guarantee that the accused will attend all court hearings and comply with the conditions set by the court until the resolution of the case. If the accused fails to meet these obligations, the bail amount may be forfeited.
Bail is guaranteed by Section 13, Article III of the 1987 Philippine Constitution, and it states:
“SECTION 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.”
In People of the Philippines vs. Manuel Escobar, G.R. No. 214300, 26 July 2017, the Supreme Court unequivocally stated that the right to bail is cognate to the fundamental right to be presumed innocent.
II. Eligibility for Bail
In the Philippines, most accused individuals are eligible for bail, except in cases where the offense is punishable by life imprisonment (reclusion perpetua) and the evidence of guilt is strong. The court determines bail eligibility based on several factors, including the nature of the crime, the accused’s criminal history, and the likelihood of their appearance at trial.
III. Types of Bail in the Philippines
There are three main types of bail in the Philippines:
1. Cash Bail: The accused or their representative pays the full bail amount in cash to the court. This amount is refundable if the accused complies with all court conditions.
2. Property Bond: Real estate or other valuable property is offered as collateral. The court must approve the property, and the value is determined through an appraisal process.
3. Corporate Surety Bond: A bonding company posts bail on behalf of the accused, subject to the court’s approval. The bonding company must be accredited by the Supreme Court
Minimum Requirements for Bail Under OCA Circular No. 204-2022-AA
Source: https://oca.judiciary.gov.ph/wp-content/uploads/2022/11/OCA-Circular-No.-204-2022-AA.pdf
NOTE: This is the “minimum” requirement for posting bail. In other words, there could be more depending on the case. So, please contact or go to the respective court to ask for the “list” because that should be the “complete” list.
For Cash Bail
- Certified True Copy or Official Court Copy of the Information;
- Four (4) sets of the accused’s picture showing his/her front, left and right profiles, with the name and signature of the accused at the back of each picture;
- Accused’s left and right handprints;
- Barangay Certification intended for bail purposes, reflecting accused’s real name and residence;
- Location plan or house sketch of the accused as certified by the barangay;
- In case the accused is detained, Certificate of Detention showing the name, designation and signature of the personnel authorized to issue the said certificate where accused is detained;
- Accused’s notarized Undertaking and Waiver of Appearance in accordance with Rule 114 of the Revised Rules of Criminal Procedure; and
- Bail amount recommended or imposed by the Court (Re #8) In case the Information states “Bail Not Required,” “Bail is Not Necessary” or “No Bail is Recommended,” or the bail imposed is more than or different from that which was recommended in the Information, certified copy of the Order stating the amount of the bail.
For Property Bond
- Photocopy of the Certificate of Accreditation and Authority issued by the Court Administrator containing the photograph of the authorized agent (after presentation to the Clerk of Court of the original as Copy of the Certificate of Accreditation and Authority containing the photograph of the agent), with the following attached documents:
✅ Certified copy of a valid Certificate of Accreditation and Authority issued by the
Office of the Court Administrator;
✅ Proof of payment of legal fees under the Rules of Court and the documentary stamp tax (thirty centavos [P0.30] on each four pesos [P4.00] or fractional part thereof, of the premium charged;
✅ Secretary Certificate containing the specimen signatures of the agents authorized to transact business with the courts.
- Four(4)sets of photographs of the accused;
- Original Waiver of Appearance of accused under oath;
- Original Certificate of Detention;
- Certified True Copy or Official Court Copy of the Information; and
- Certification from the Barangay Captain attesting to the real name of the accused, his actual residence in the barangay, and attaching a location plan showing the residence of the accused.
For Corporate Surety Bond
- Transfer Certificate of Title of the property;
- The real property’s latest Tax Declaration; and,
- All the documentary requirements under Cash Bail (See “A” above)
IV. Step-by-Step Guide to Posting Bail
Posting bail in the Philippines involves several steps, each of which must be carefully followed to ensure the proper release of the accused:
1. Consult with a Lawyer
- Seek the advice of a lawyer who can guide you through the bail process.
2. Determine the Bail Amount
- The court sets the bail amount based on the severity of the crime, the accused’s financial situation, and other relevant factors.
- The bail amount is outlined in the court’s official records
3. Prepare Required Documents
- Depending on the type of bail, you will need to gather specific documents. These typically include:
✅Certified True Copy of the Information (case details).
✅Four sets of photographs of the accused (front, left, and right profiles).
✅Barangay Certification of the accused’s real name and residence.
✅Location plan or house sketch (for property bail).
✅Certificate of Detention (if applicable).
4. Post the Bail
- Submit the required documents to the court where the case is pending.
- The court staff will review the submission and, if everything is in order, will direct you to pay the bail amount at the court cashier.
- An official receipt will be issued upon payment
5. Comply with Court Conditions
- Once bail is granted, the accused must comply with all conditions set by the court. This typically includes attending all scheduled hearings and refraining from committing further offenses. Failure to comply may result in the revocation of bail.
6. Keep Bail Documents Safe
- Retain all bail-related documents, including the official receipt and bail bond. These will be important for future reference and for claiming a refund of the bail amount upon the resolution of the case.
V. Bail Refund or Exoneration
After the criminal case is resolved and if the accused has met all court conditions, the bail amount may be refunded. If property was used as bail, any encumbrance on the property will be lifted. Your lawyer will assist in facilitating the refund or exoneration process.
VI. Important Considerations and Changes
Recent updates to the bail process, as outlined in OCA Circular No. 204-2022-AA, include stricter documentary requirements and provisions for cases involving multiple offenses. It’s important to stay informed about these changes and consult your lawyer for any specific concerns.
Posting bail is a crucial step for individuals facing criminal charges in the Philippines. By understanding the bail process and following the necessary steps, accused persons can secure temporary freedom while ensuring their presence during court proceedings. Always consult with a qualified lawyer to navigate the process effectively and protect your legal rights.
Ang pag-piyansa ay isang mahalagang hakbang para sa mga indibidwal na nahaharap sa kasong kriminal sa Pilipinas. Sa pamamagitan ng pag-unawa sa proseso ng piyansa at pagsunod sa kinakailangang mga hakbang, ang mga akusado ay maaaring magkaroon ng pansamantalang kalayaan habang tinitiyak ang kanilang pagdalo sa mga pagdinig sa korte. Laging kumonsulta sa isang kwalipikadong abogado upang masiguro ang tamang pag-navigate sa proseso at maprotektahan ang iyong mga karapatan.
I hope this helps or at least answers some of your questions, if any.
~Atty. Stela
