Saturday, June 15, 2013

Bail; When a Matter of Right, a Matter of Discretion

Where Filed
Bail is a matter of right before conviction, where the penalty for the offense is NOT death, life, reclusion perpetua
Cannot be denied, though bail may be increased
Bail as matter of discretion means that there has already been a conviction, where the penalty is NOT death, life, reclusion perpetua. Rule 114, Sec. 5
2nd par. Provided none of the ff conditions exists:
Habitual delinquent;
Recidivist; quasi-recidivist; a flight risk; reiteracion; previous escapee from legal confinement; evaded sentence; violated condition of bail; committed offense while under probation; under or had gone parole or conditional pardon; undue risk of committing another crime during the pendency of an appeal.
If none of the foregoing is present, accused is entitled to bail as a matter of discretion.
If any one of the circumstances enumerated is present, the accused is NOT entitled to bail.
SB cases
Bail is a matter of right before &/or after conviction;
In the court where the action is pending;
Any RTC or MTC in the absence or unavailability of the judge where the action is pending (must be supported by a cert. of absence or unavailability)
Where arrested in city/mun/prov other than where the case is pending, apply with RTC judge of city/mun/prov of arrest, or MTC in the absence & unavail of RTC
Where bail is a matter of discretion or on recognizance, it can only be applied for with the court where the case is pending
For warrantless arrest (no case is filed yet) may apply with any RTC or MTC in the former's absence/unavail of the city/mun/prov of arrest. The latter then transmits the record of the appl for bail to the court where action is pending. Judge is not bound by the bail; hence may require a new bail.
Apply with SB. Only where accused is arrested outside of MM that he can apply with court other than SB.
Note: the court acquires jurisdiction over the person by arrest or voluntary surrender.
Non-bailable offense is different from bail as a matter of discretion. In the latter, there is already a conviction. In the former, no conviction & there must be filed a petition which will be heard summarily, in which prosecution must prove that the evidence is strong, otherwise accused should be released.
Arraignment is not a prerequisite to petition for bail. (Serapio V SB)
Once there's deprivation of liberty, petition for bail may be filed.
Sickness & old age may be made a condition of the bail: waiver of appearance for as long as accused commits to appear for purposes of identification. rule 115 Ss(c)
The appellate court's denial of bail pending appeal where none of the circumstances exist does not by itself constitute grave abuse of discretion. (Leviste V. CA.)
If the offense charged is originally non-bailable, and after conviction it became bailable, accused can only apply for bail with the appellate court.( Leviste V. CA)
In practice, bail is hardly granted, if at all, until after an information has been filed with the court. So you have to push for its filing from inquest prosecutor so you can apply for bail.
Forfeiture of Bail bond. If the accused is absent despite notice, the judge shall order the bondsman to bring him to court within 30 days and explain why he failed to appear.
However, in practice, if an accused out on bail fails to appear, the judge will ask the pros for its pleasure, and the pros (taking cue from the judge) will manifest for issuance of warrant for the accused's arrest and forfeiture of the bail.
Cancellation of Bail bond. Voluntary where the accused died, surrendered. Automatic where the accused is convicted, dismissed, or acquitted.
Bail bond becomes ineffective after judgment is final & executory, unless probationable. In the latter case, accused may be released on original bail.

No comments:

Post a Comment