Exception To No Bail After Final Judgment
Sec. 24. No bail after final judgment; exception. – No bail shall be allowed after a judgment of conviction has become final. If before such finality, the accused applies for probation, he may be allowed temporary liberty under his bail. When no bail was filed or the accused is incapable of filing one, the court may allow his release on recognizance to the custody of a responsible member of the community. In no case shall bail be allowed after the accused has commenced to serve sentence.
Sec. 25. Court supervision of detainees. – The court shall exercise supervision over all persons in custody for the purpose of eliminating unnecessary detention. The executive judges of the
Regional Trial Courts shall conduct monthly personal inspections of provincial, city, and municipal jails and the prisoners within their respective jurisdictions. They shall ascertain the number of detainees, inquire on their proper accommodation and health and examine the condition of the jail facilities. They shall order the segregation of sexes and of minors from adults, ensure the
observance of the right of detainees to confer privately with counsel, and strive to eliminate conditions inimical to the detainees.
In cities and municipalities to be specified by the Supreme Court, the municipal trial judges or municipal circuit trial judges shall conduct monthly personal inspections of the municipal jails in their
respective municipalities and submit a report to the executive judge of the Regional Trial Court having jurisdiction therein.
A monthly report of such visitation shall be submitted by the executive judges to the Court Administrator which shall state the total number of detainees, the names of those held for more than
thirty (30) days, the duration of detention, the crime charged, the status of the case, the cause for detention, and other pertinent information.
Sec. 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary investigation. – An application for or admission to bail shall not bar the accused from challenging the validity of his arrest or the legality of the warrant issued therefore, or from assailing the regularity or questioning the absence of a preliminary investigation of the charge against him, provided that he raises them before entering his plea. The court shall resolve the matter as early as practicable but not later than the start of the trial of the case.
DOES AN APPLICATION FOR BAIL BAR THE ACCUSED FROM QUESTIONING THE VALIDITY OF THE WARRANT, OR THE MANNER OF CONDUCTING THE PRELIMINARY INVESTIGATION
> No, provided that he raises these questions before plea.
> The ruling modifies the previous ruling that an application for bail by the accused shall be considered as a waiver of his right to challenge the validity of his arrest or the absence of a preliminary
> There is nothing inconsistent with posting bail and filing a motion to quash information