Bail depends on crime and evidence of guilt

Dear PAO,
My neighbor is being accused of committing a drug-related crime. The information says that his case is “non-bailable” Does this mean he can’t post bail? Thank you.
Suzy

Dear Suzy,
Our answer on whether your friend can post bail will depend on the crime he is being accused of and whether the evidence of guilt against him is strong.

Bail is defined as the “security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions herein specified” (Sec. 1, Rule 114, Rules of Criminal Procedure).

Bail emanates from a person’s constitutional right to be presumed innocent until proven otherwise. The right to bail is guaranteed by our Constitution.

Section 13 of Article III of the 1987 Constitution states that, “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. Xxx” Sec. 3, Rule 114 of the Rules on Criminal Procedure states that:

“All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognizance as prescribed by law or this Rule (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment.”

The Constitution and the Rules are clear that a person has a right to bail unless that person is being charged of an offense punishable by reclusion perpetua, death, or life imprisonment, and the evidence of the person’s guilt is strong.

You did not state what crime your friend was being accused of.

Most probably he is being accused of a drug-related crime being pu–nished with life imprisonment.

Therefore, he is not entitled to bail only when the evidence of guilt is strong against him.

In order to determine this, he must file a petition for bail, so that the court can decide whether or not to grant him bail. If the court, after hearing the Petition, finds that the evidence of guilt is not strong against him, then he will be allowed to post bail.

We hope that we were able to enlighten you on the matter.

Please be reminded that this advice is based solely on the facts you have narrated and our appreci–ation of the same.

Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

source:  Manila Times

Cash deposit just one form of bail

Dear PAO,
My cousin has a pending criminal case and he wants to apply for bail. Is this possible? My relatives are considering raising money so that my cousin can do so. But first they would like to know the possibility of bail being granted. Are there other forms of bail aside from cash bail?
Janina

Dear Janina,
Bail is a security given for the release of a person who is lawfully detained in order to guarantee his appearance in court. Cash deposit is the most common kind of bail. But bail does not only take the form of a cash deposit. It may also be in the form of a corporate surety, property bond and recognizance (Section 1, Rule 114, Rules of Court).

In your letter, you made no mention as to what particular criminal case your cousin is facing. You also did not mention at which court his case is pending. Nevertheless, as a rule, bail is granted as a matter of right in the following instances: (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in cities and Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua or life imprisonment (Section 4, Rule 114, Rules of Court).

If your cousin is already convicted before the Regional Trial Court for an offense not punishable by death, reclusion perpetua or life imprisonment, the grant of bail is discretionary upon the court (Section 5, Rules of Court). Also, the grant of bail is left to the discretion of the court if the offense for which your cousin is being charged is punishable by death, reclusion perpetua or life imprisonment and the evidence of guilt against him is not strong.

The grant of bail, however, is not possible if the offense for which your cousin is being charged is punishable by death, reclusion perpetua or life imprisonment and the prosecution has established that the evidence of guilt against him is strong (Section 7, Rules of Court). Further, your cousin will be denied bail, even if the penalty for the offense he committed is not death, reclusion perpetua or life imprisonment, if: (a) he is a recidivist, quasi-recidivist, habitual delinquent or has committed the crime aggravated by the cir–cumstance of reiteration; (b) he has previously escaped from a penal confinement, evaded sentence or has violated the conditions of his bail without valid justification; (c) he committed the offense while under probation, parole or conditional pardon; (d) the circumstances of his case indicate the probability of flight if released on bail; or (e) there is undue risk that he may commit another crime during pendency of the appeal (3rd paragraph, Section 5, Rules of Court).

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appre–ciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net