Guidelines for Decongesting Holding Jails by Enforcing the Rights of Accused Persons to Bail and to Speedy Trial

Section 1

Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon 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.

Sec 2

The right to bail is guaranteed by the Constitution. It is the duty of the prosecutor to recommend such amount of bail to the courts of justice as, in his opinion, would ensure the appearance of an accused person when so required by the court.[72]

Sec 3

No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, when evidence of guilt is strong, shall be admitted to bail regardless of the stage of the criminal prosecution. SEC. 4 Criteria in recommending amount of bail. - In recommending the amount of bail to be granted by the court, the prosecutor shall take into consideration the following standards and criteria: financial ability of the respondent/accused to post bail; nature and circumstances of the offense; penalty for the offense charged; age, state of health, character and reputation of the respondent/accused under detention; weight of the evidence against the respondent/accused under detention; forfeiture of other bonds and pendency of other cases wherein the respondent/accused under detention is under bond; the fact that respondent/accused under detention was a fugitive from justice when apprehended; and other factors affecting the probability of the accused appearing at the trial.[73]

Sec 5

At the hearing of an application for admission to bail filed by any person who is in custody for the commission of an offense punishable by death, reclusion perpetua or life imprisonment, the prosecution has the burden of showing that evidence of guilt is strong. The evidence presented during the bail hearings shall be considered automatically reproduced at the trial, but upon motion of either party, the court may recall any witness for additional examination unless the witness is dead, outside of the Philippines or otherwise unable to testify.

Sec 6

Whenever allowed pursuant to law or these Rules, the court may release a person in custody on his own recognizance or that of a responsible person.

Sec 7

No bail shall be required when the law or the Rules issued by the Supreme Court so provide[74]. When a person has been in custody for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced, he shall be released immediately without prejudice to the continuation of the trial thereof or the proceedings on appeal. In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment. A person in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged without application of the Indeterminate Sentence Law or any modifying circumstance, shall be released on a reduced bail or on his own recognizance, at the discretion of the court.

Sec 8

In an application for bail, the court shall give reasonable notice of the hearing to the prosecutor or require him to submit his recommendation.

Sec 9

Upon application filed with the court and after due notice to the prosecutor, the bail bond may be canceled upon surrender of the accused or proof of his death. The bail bond shall be deemed automatically canceled upon acquittal of the accused or dismissal of the case or execution of the final judgment of conviction. In all instances, the cancellation shall be without prejudice to any liability on the bond.

Sec 10

For the purpose of surrendering the accused, the bondsmen may arrest him, or on written authority endorsed on a certified copy of the undertaking may cause him to be arrested by any police officer or any other person of suitable age and discretion. An accused released on bail may be re-arrested without the necessity of a warrant if he attempts to depart from the Philippines without prior permission of the court where the case is pending.

Sec 11

An accused shall not be allowed bail after the judgment has become final, unless he has applied for probation before commencing to serve sentence, the penalty and the offense being within the purview of the Probation Law. In case the accused has applied for probation, he may be allowed temporary liberty under his bail bond, but if no bail was filed or the accused is incapable of filing one, the court may allow his release on recognizance under 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 13

In case a petition for bail is filed by the accused and the court orders a continuous trial of the case, the public prosecutor shall be prepared with his principal witnesses. Where there are several accused and one or two filed a petition to bail, the trial prosecutor shall, before the presentation of his first witness, manifest in open court that the evidence to be presented in the hearing of the petition for bail shall be adopted as its evidence-in-chief.