RULE 114 - BAIL
Section 1. Bail defined. – Bail is 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 hereinafter specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance.
WHAT IS BAIL?
1. It is the security given
2. For the release of a person in custody of the law
3. Furnished by him or a bondsman
4. To guarantee his appearance before any court as required
WHEN IS THE RIGHT TO BAIL AVAILABLE?
> The right only accrues when a person is arrested or deprived of his liberty
> The right to bail presupposes that the accused is under legal custody
> A court cannot order provisional liberty to one who is then actually in the enjoyment of his liberty
> The right to bail therefore presupposes that the accused should be in custody
WHAT ARE THE DIFFERENT FORMS OF BAIL?
1. Corporate surety
2. Property bond
3. Cash bond
WHAT IS RECOGNIZANCE?
1. Obligation of record
2. Entered before a court or magistrate duly authorized to take it
3. With the condition to do some particular act
4. The most usual condition in criminal cases being the appearance of the accused for trial
NOTA BENE: may be by the accused himself or of another person. An example of this is when Cory Aquino took recognizance of Jomar Sison. Take note also that there are instances when there is pending application for probation, one applies for recognizance.
WHAT IS THE CONSTITUTIONAL BASIS OF THE RIGHT TO BAIL?
> Presumption of innocence