Conditions And Requirements Of Bail
Sec. 2. Conditions of the bail; requirements. – All kinds of bail are subject to the following conditions:
(a) The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all stages of the case until promulgation of the judgment of the Regional Trial Court, irrespective of whether the case was originally filed in or appealed to it;
(b) The accused shall appear before the proper court whenever required by the court of these Rules;
(c) The failure of the accused to appear at the trial without justification and despite due notice shall be deemed a waiver of his right to be present thereat. In such case, the trial may proceed in absentia; and
(d) The bondsman shall surrender the accused to the court for execution of the final judgment.
The original papers shall state the full name and address of the accused, the amount of the undertaking and the conditions required by this section. Photographs (passport size) taken within the last six (6) months showing the face, left and right profiles of the accused must be attached to the bail.
WHAT ARE THE CONDITIONS OF THE BAIL?
1. If before conviction, that the defendant shall answer the complaint or information in the court in which it is filed or to which it may be transferred for trial
2. After conviction, that he will surrender himself in execution of the judgment that the appellate court may render
3. That in case the cause is remanded for new trial, he will appear in court to which it may be remanded and submit himself to the orders and processes thereof
*For failure to perform any of these conditions, the bond given as security thereof may be forfeited.
CAN THE COURT IMPOSE OTHER CONDITIONS OR LIMITATIONS ON THE BAIL?
> Yes, the trial court may impose other conditions in granting bail where the likelihood of the accused jumping bail or of committing other harm to the citizenry is feared.
> The court even has the power to prohibit a person admitted to bail from leaving the Phiippines or restrict his right to travel
DOES AN ADDITIONAL CONDITION NOT VIOLATE THE PROHIBITION ON EXCESSIVE BAIL?
> No because the determination if there is excessive bail would depend on the facts and circumstances of each case
> Bail would still be determined based on the following factors--financial liability of the accused to give bail; nature and circumstance of the offense; penalty for the offense charged; character and reputation of the accused; age and health of the accused; weight of the evidence against the accused; probability of the accused appearing at the trial; forfeiture of other bail; the fact that the accused was a fugitive from justice when arrested; and pendency of other cases where the accused is on bail.
