Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
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| [1] Define “bail.” | 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. (SEC. 1) |
| [2] How may bail be given? | Bail may be given in the form of (1) corporate surety, (2) property bond, (3) cash deposit, or (4) recognizance. (SEC. 1) |
| [3] Complete the following: 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 form at all stages of the case until ___________, irrespective of whether the case was originally filed in or appealed to it; | (a) The undertaking shall be effective upon approval, and unless cancelled, shall remain in form 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; |
| [4] Complete the following: SEC. 2. Conditions of the bail; requirements.—All kinds of bail are subject to the following conditions: (c) The failure of the accused to appear at the trial ________ and despite ______ shall be deemed a waiver of his right to be present thereat. In such case, the trial may proceed __________; | (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; |
| [5] No person under detention by legal process shall be released or transferred. Exceptions? | (1) Upon order of the court, or (2) when he is admitted to bail. (SEC. 3) |
| [6] All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognizance as prescribed by law or Rule 114. Exceptions? | (a) Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment. (SEC. 4) |
| [7] Under what circumstance is admission to bail discretionary? | Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. (SEC. 5) |
| [8] Complete the following: SEC. 5. Bail, when discretionary.—Upon conviction by the Regional Trial Court of an .offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. The application for bail may be filed and acted upon by the trial court despite the filing of a notice of appeal, provided ____________________. However, if the decision of the trial court convicting the accused ____________________, the application for bail can only be filed with and resolved by the appellate court. | SEC. 5. Bail, when discretionary.—Upon conviction by the Regional Trial Court of an .offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. The application for bail may be filed and acted upon by the trial court despite the filing of a notice of appeal, provided it has not transmitted the original record to the appellate court. However, if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the appellate court. |
| [9] Complete the following: If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accused, of the following or other similar circumstances: (a) That he is a recidivist, __________, or habitual delinquent, or has committed the crime aggravated by the circumstance of __________; | (a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration; |
| [10] Complete the following: If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accused, of the following or other similar circumstances: (b) That he has previously escaped from legal confinement, _________, or violated the conditions of his bail _______________; | (b) That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without valid justification; |
| [11] Complete the following: If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accused, of the following or other similar circumstances: (c) That he committed the offense while under __________, __________, or __________; | (c) That he committed the offense while under probation, parole, or conditional pardon; |
| [12] Complete the following: If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accused, of the following or other similar circumstances: (d) That the circumstances of his case indicate the __________ if released on bail; or | (d) That the circumstances of his case indicate the probability of flight if released on bail; or |
| [13] Complete the following: If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accused, of the following or other similar circumstances: (e) That there is undue risk that ___________ during the pendency of the appeal. | (e) That there is undue risk that he may commit another crime during the pendency of the appeal. |
| [14] Define “capital offense.” | A capital offense is an offense which, under the law existing at the time of its commission and of the application for admission to bail, may be punished with death. (SEC. 6) |
| [15] Complete the following: No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when __________, regardless of the __________. | No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the stage of the criminal prosecution. (SEC. 7) |
| [16] Complete the following: SEC. 8. Burden of proof in bail application.—At the hearing of an application for bail filed by a person who is in custody for the commission of an offense punishable by death, reclusion perpetua, or life imprisonment, the prosecution has the ___________________. The evidence presented during the bail hearing 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 latter is ___________________. | SEC. 8. Burden of proof in bail application.—At the hearing of an application for bail filed by a 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 hearing 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 latter is dead, outside the Philippines, or otherwise unable to testify. |
| [17] Complete the following: SEC. 9. Amount of bail; guidelines.—The judge who issued the warrant or granted the application shall fix a reasonable amount of bail considering primarily, but not limited to, the following factors: (a) __________ of the accused to give bail; (b) __________ of the offense; (c) _______ for the offense charged; (d) __________ of the accused; (e) __________ of the accused; (f) __________ against the accused; (g) Probability of the accused __________; (h) __________ of other bail; (i) The fact that the accused was a __________ when arrested; and (j) __________ where the accused is on bail. Excessive bail shall not be required. | SEC. 9. Amount of bail; guidelines.—The judge who issued the warrant or granted the application shall fix a reasonable amount of bail considering primarily, but not limited to, the following factors: (a) Financial ability of the accused to give bail; (b) Nature and circumstances of the offense; (c) Penalty for the offense charged; (d) Character and reputation of the accused; (e) Age and health of the accused; (f) Weight of the evidence against the accused; (g) Probability of the accused appearing at the trial; (h) Forfeiture of other bail; (i) The fact that the accused was a fugitive from justice when arrested; and (j) Pendency of other cases where the accused is on bail. Excessive bail shall not be required. |
| [18] What is a property bond? | It is an undertaking constituted as lien on the real property given as security for the amount of the bail. (SEC. 11) |
| [19] What is the responsibility of the accused if the court approves his property bond? | (1) Within ten days after the approval of the bond, the accused shall cause the annotation of the lien on the certificate of title on file with the Registry of Deeds if the land is registered, or if unregistered, in the Registration Book on the space provided therefor, in the Registry of Deeds for the province or city where the land lies, and on the corresponding tax declaration in the office of the provincial, city and municipal assessor concerned. (2) Within the same period, the accused shall submit to the court his compliance and his failure to do so shall be sufficient cause for the cancellation of the property bond and his re-arrest and detention. (SEC. 11) |
| [20] Complete the following: SEC. 16. Bail, when not required; reduced bail or recognizance.-—No bail shall be required when the law or these Rules so provide. When a person has been in custody for a period ____________________ prescribed for the offense charged, he shall be released immediately, without prejudice to the continuation of the trial or the proceedings on appeal. If the maximum penalty to which the accused may be sentenced is destierro, he shall be released after ____________________. | When a person has been in custody for a period equal to or more than the possible maximum imprisonment prescribed for the offense charged, he shall be released immediately, without prejudice to the continuation of the trial or the proceedings on appeal. If the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment. |
| [21] Complete the following: SEC. 16. Bail, when not required; reduced bail or recognizance.-—No bail shall be required when the law or these Rules so provide. A person in custody for a period ____________________, 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. | 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. |
| [22] Complete the following: SEC. 17. Bail, where filed.— (b) Where the grant of bail is a _________, or the accused seeks to be __________, the application may only be filed in the court where the case is pending, whether on preliminary investigation, trial, or appeal. | (b) Where the grant of bail is a matter of discretion, or the accused seeks to be released on recognizance, the application may only be filed in the court where the case is pending, whether on preliminary investigation, trial, or appeal. |
| [24] Complete the following: SEC. 17. Bail, where filed.— (c) Any person in custody who is __________ may apply for bail with any court in the province, city, or municipality where he is held. | (c) Any person in custody who is not yet charged in court may apply for bail with any court in the province, city, or municipality where he is held. |
| [24] Complete the following: SEC. 20. Increase or reduction of bail.—After the accused is admitted to bail, the court may, upon __________, either increase or reduce its amount. When increased, the accused may be committed to custody if ____________________. An accused held to answer a criminal charge, who is released without bail upon filing of the complaint or information, may, at ____________________ and whenever a __________ appears to the court, be required to give bail in the amount fixed, or in lieu thereof, committed to custody. | SEC. 20. Increase or reduction of bail.—After the accused is admitted to bail, the court may, upon good cause, either increase or reduce its amount. When increased, the accused may be committed to custody if he does not give bail in the increased amount within a reasonable period. An accused held to answer a criminal charge, who is released without bail upon filing of the complaint or information, may, at any subsequent stage of the proceedings and whenever a strong showing of guilt appears to the court, be required to give bail in the amount fixed, or in lieu thereof, committed to custody. |
| [25] Complete the following: SEC. 22. Cancellation of bail.—Upon application of the bondsmen, with due notice to the prosecutor, the bail may be cancelled upon __________ or __________. The bail shall be deemed automatically cancelled upon __________, __________, or __________. In all instances, the cancellation shall be without prejudice to any liability on the bail. | SEC. 22. Cancellation of bail.—Upon application of the bondsmen, with due notice to the prosecutor, the bail may be cancelled upon surrender of the accused or proof of his death. The bail shall be deemed automatically cancelled upon acquittal of the accused, dismissal of the case, or execution of the judgment of conviction. In all instances, the cancellation shall be without prejudice to any liability on the bail. |
| [26] Complete the following: An accused released on bail may be re-arrested without the necessity of a warrant if he __________ without permission of the court where the case is pending. | An accused released on bail may be re-arrested without the necessity of a warrant if he attempts to depart from the Philippines without permission of the court where the case is pending. (SEC. 23) |
| [27] 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. Under what circumstance may the accused be allowed temporary liberty under his bail? | The accused may be allowed temporary liberty under his bail if before the finality, he applies for probation. (SEC. 24) |
| [28] Complete the following: In no case shall bail be allowed after the accused has __________. | In no case shall bail be allowed after the accused has commenced to serve sentence. (SEC. 24) |
| [29] Under SEC. 26, an application for bail does not bar the accused from what actions? | (1) challenging the validity of his arrest or the legality of the warrant issued, or (2) assailing the regularity or questioning the absence of a preliminary investigation of the charge against him. |
| [30] What is the condition for application for bail not being a bar to objections on illegal arrest, lack of or irregular preliminary investigation? | The accused must raise these objections before entering his plea. (SEC. 26) |