Forfeiture Of Bail
Sec. 21. Forfeiture of bail. – When the presence of the accused is required by the court or these Rules, his bondsmen shall be notified to produce him before the court on a given date and time. If the accused fails to appear in person as required, his bail shall be declared forfeited and the bondsmen given thirty (30) days within which to produce their principal and to show why no judgment should be rendered against them for the amount of their bail.
Within the said period, the bondsmen must:
(a) produce the body of their principal or give the reason for his non-production; and
(b) explain why the accused did not appear before the court when first required to do so.
Failing in these two requisites, a judgment shall be rendered against the bondsmen, jointly and severally, for the amount of the bail. The court shall not reduce or otherwise mitigate the liability of the bondsmen, unless the accused has been surrendered or is acquitted.
WHAT DO BONDSMEN UNDERTAKE TO DO UNDER THE BOND?
> When the appearance of the accused is required, the sureties shall be notified to produce the accused before the court on a given date
> If the accused fails to appear as required, the bond is declared forfeited and the bondsmen are given 30 days within which to produce the accused and show cause why judgment shouldn't be rendered against them for the amount of the bond
> Within the period of 30 days, the bondsmen must:
1. Produce the body of the accused
2. Explain satisfactorily why the accused didn't appear when first required to do so
o If they fail to comply with these requisites, the court shall render judgment against them on the bond.
WHAT IS THE EFFECT OF ASSUMING THE OBLIGATION OF BAIL?
> The sureties become in law the jailers of the principal
> Their custody of him is the continuation of the original imprisonment and though they cannot actually confine him, they are subrogated to all other rights and means which the
government possesses to make their control of him effective when the accused jumps bail and the trial shall continue and the bondsman held to their undertaking and sureties
UNDER WHOSE DISCRETION IS THE REDUCTION OF THE LIABILITY OF A BONDSMAN UNDER THE FORFEITED BOND?
> It is wholly subject to the discretion of the trial court
> To be refused or granted according to the merits of the particular case before the court, and the exercise of such discretion will not be disturbed on appeal unless grave abuse of discretion was
committed or that there are circumstances which the trial court failed to consider
WHAT IS THE DUTY OF THE BONDSMAN WHEN ACCUSED IS REQUIRED TO APPEAR?
> Notice alone to the accused is insufficient.
> The bondsman is duty bound to produce the person of the accused when his appearance is required by the court, which shows that mere notice is not sufficient but the bondsman must make every effort to see that he actually makes his appearance
> Failure to do so, trial court may consider it negligent in the performance of his duties which the SC cannot disturb
WHAT ARE THE REQUISITES TO JUSTIFY THE BONDSMAN’S EXEMPTION FROM LIABILITY?
> Within the period of 30 days, the bondsmen must:
1. Produce the body of the accused
2. Explain satisfactorily why the accused didn't appear when
first required to do so
> Failure of the bondsman to produce the accused when required by the court and subsequent presentment will not exonerate the bondsman’s liability unless he gives satisfactory reason why he
failred to appear when first required to do so
> SATISFACTORY EXPLANATION—act of God, act of the obligee, act of the law exonerates the sureties. If the accused died, the fact of death must be before the breach and the fact of death must be established by competent evidence for the sureties to be exonerated from liability.
