Course Code: CRI 060

Course Title: Criminal Procedure & Court Testimony

Module #9 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Lesson title: Bail Materials: Ballpen, Paper & Notebook

Lesson Objectives:
References:
At the end of the module, students will be able to: 1. Willard B. Riano, Criminal Procedure
1. Discuss the constitutional and procedural purpose of (The Bar Lectures Series), Copyright
bail in criminal justice process; and 2011 by REX Book Store, Inc.
2. Explain the concept of bail in the Philippines. 2. Herrera, Remedial Law, Vol. IV
(Criminal Procedure), Copyright 2007
by Rex Book Store.

A. LESSON PREVIEW/REVIEW

Introduction (2 mins)

Hello! Are you ready to learn in this second module today? Great! Our topic is entitled “Bail”
Rule 114 of the Revised Rules of Criminal Procedure. The objectives are that you will be able to
Discuss the constitutional and procedural purpose of bail in criminal justice process; and explain the
concept of bail in the Philippines

B. MAIN LESSON

1. What is 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. Bail may be given in the form of corporate surety, property bond, cash
deposit, or recognizance. (Sec.1, Rule 114)

2. State the constitutional right to bail.

➢ All persons, except those charged with offenses punishable by reclusion perpetua when the
evidence of guilt is strong, shall before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right to bail shall not be impaired even
when the privileged of writ of habeas corpus is suspended. Excessive bail shall not be allowed.
Sec. 13, Art. 3, 1987 Constitution.

3. State the purpose of bail.

➢ The purposes are: (a) to relive from the rigor of imprisonment until his conviction; and (b) to
secure his appearance at the trial.

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #9 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

4. What are the methods of taking bail?

➢ The methods are: (a) bailbond is an obligation given by the accused with one or more sureties,
with the condition to be void upon the performance by the accused of such acts as he may legally
be required to perform; and (b) recognizance is an obligation of record, entered into before some
particular act, the most usual condition is criminal cases being the appearance of the accused
for trial.

5. What are the conditions contained in a bail?

➢ 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.

6. When is bail a matter of right? Is it absolute? Why?

➢ 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 this Rule (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, Rule 114)

7. When is bail a matter of discretion?

➢ 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
conviction 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. (Sec. 5, Rule 114).

8. What is a 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, Rule 114).

9. Can a person charged with a capital offense or one punishable by reclusion perpetua or life
imprisonment be admitted to bail?
➢ 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 state

This document is the property of PHINMA EDUCATION

 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #9 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

of the criminal prosecution (Sec. 7, Rule 114).

10. What is the remedy of a person who is charged with an offense punishable by death or reclusion
perpetua or life imprisonment while he is detained?
➢ He can apply bail as a matter of discretion provided that the evidence of his guilt is not strong.

11. Who has the burden of proof that the evidence of guilt is strong in an application for bail?
➢ The burden of proof is on the prosecution that the evidence of guilt is strong.

12. State the guidelines in the fixing of the bail.

➢ Under Section 9, Rule 114, 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 liability of the accused to give bail;
(b) Nature and circumstance 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.

13. What is a property bond?

➢ A property bond is an undertaking constituted as lien on the real property given as security for
the amount of the bail.

14. What are the qualifications of sureties to a property bond?

➢ Under Section 12, Rule 114, the qualifications of sureties in a property bond shall be as follows:
(a) Each must be a resident owner of real estate within the Philippines;
(b) Where there is only one surety, his real estate must be worth at least the amount of
undertaking;
(c) If there are two or more sureties, each may justify in an amount less than that expressed in
the undertaking but the aggregate of the justified sums must be equivalent to the whole
amount of the bail demanded.

15. When may a person be released on recognizance?

➢ Whenever allowed by law or these Rules, the court may release a person in custody on his own
recognizance or that of a responsible person (Sec. 15, Rule 114).
➢ R.A. No. 6036 otherwise known as “An Act Providing that Bail Shall Not, with Certain

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #9 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Exceptions, be Required in Cases of Violations of Municipal or City Ordinances and in Criminal

Offenses When the Prescribed Penalty for Such Offenses is not Higher Than Arresto Mayor
and/or a Fine of Two Thousand Pesos or Both”

16. What shall the court do if a person has been in custody for a period equal to or more than the possible
maximum imprisonment of the offense charged?
➢ 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.

➢ 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. 16, Rule 114).

17. Where the bail shall be filed?

➢ Bail is filed in the following:
(a) Bail in the amount fixed may be filed with the court where the case is pending, or in the
absence or unavailability of the judge thereof, with any regional trial judge, metropolitan trial
judge, municipal trial judge, or municipal circuit trial judge in the province, city or municipality.
If the accused is arrested in a province, city, or municipality other than where the case is
pending, bail may also be filed with any regional trial court of said place, of if no judge thereof
is available, with any metropolitan trial judge, municipal trial judge, or municipal circuit trial
judge therein.
(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. (Sec. 16, Rule 114).

18. When may the bail be forfeited?

➢ Bail is forfeited in instances where the presence of the accused is specifically required by the
court or the Rules of Court and, despite due notice to the bondsmen to produce him before the
court on a given date, the accused fails to appear in person as so required. (Sec. 21, Rule 11)

19. What shall the bondsman do within 30 days as ordered if the accused fails to appear at the trial?
➢ 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.

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #9 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

➢ 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. (Sec. 21, Rule 11)

20. When a bail bond is deemed automatically canceled?

➢ The bail shall be deemed automatically cancelled upon acquittal of the accused, dismissal of
the case, or execution of the judgment of conviction. (Sec. 22, Rule 114).

21. May an accused who has been convicted by the final judgment be allowed bail? Is the rule absolute?
➢ No bail shall be allowed after the judgment has become final, as what is left is for him to serve
the sentence. Exception: when he has applied for probation before commencing to serve
sentence, the penalty and the offense being within the purview of the Probation Law.

22. What are others consideration of bail?

➢ An application for 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 observe the matter as early as practicable as but not
later than the start of the trial of the case (Sec. 26, Rule 114).
➢ The law still allows those who jumped bail to exercise the right before conviction for as long as
bail is still a matter of right. What the court must do in such cases is to increase the amount of
bail.
➢ Bail is now available in extradition cases, consistent with the developments in international law
which now treats an individual as a subject or party (Government of Hong Kong v. Judge Olalia)
➢ No bail in military tribunal (Comendador v. De Villa). Among other reasons, allowing military
members to bail would pose a great danger to national security. They are allowed to use firearms
and they are paid using government money. Their sheer number and unique structure, as well
as the military mentality that they carry, may very well result to the overthrow of the government
if continuous allowance of the right to bail is given them most especially when there are coup
attempts. Allowing them to bail could mean resumption of widespread commission of heinous
activities.

Activity 2: Skill-building Activities

Let’s practice! After completing each exercise, you may refer to the Key to Corrections for feedback. Try to
complete each exercise before looking at the feedback.

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #9 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

2.1. Define bail, capital offense, recognizance and bail bond. Write your answers below. Avoid any erasures.

Define the following: Answers:

1. Bail

2. Capital offense

3. Recognizance

4. Bail bond

2.2 Enumerate the (a) Guidelines in the fixing the amount of bail; and (b) Grounds for cancellation of bail.
Write your answer in a bullet form.

Enumerate the Answers:

following:
a. Guidelines in the fixing •
the amount of bail

b. Grounds for cancellation •

of bail

2.3. Here’s more! Distinguished the different (a) bail as a matter of right from a matter of discretion Limit
your answer to two sentences only.

Distinguished the Answers:

following:

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #9 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

a. Bail as a matter of right

from a matter of discretion

C. LESSON WRAP-UP

Q1. Can The Defendant Leave the State or The Country While on Bond?
ANSWER: You will have to get permission from the bonding office in writing before attempting to do so. If
the court has given you direct instructions not to leave the state or country you must then get permission
from the bail agent and the court before leaving. Otherwise, you are subject to arrest.

Q2. What Happens If the Defendant Gets Re-Arrested While Out on Bond?
ANSWER: Once the defendant is back in custody the bond can be surrendered and your liability will be
terminated. There are a few problems here: if you decided to surrender the bond you will lose the premium
that was paid, and if you decided to get the defendant out on bond again, you will now have to post two new
bonds and pay the premium on both bonds again.

Thinking about Learning

Work Tracker

That’s it! You have successfully finished the lesson today. Let us track your progress. Shade the session
number you just completed. Kindly mark the place in the work tracker to help you track how much work they
have accomplished and how much work there is left to do.

This document is the property of PHINMA EDUCATION

 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #9 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

1.Did you have challenges learning the concepts in this module? If none, which parts of the module
helped you learn the concepts?
__________________________________________________________________________________
__________________________________________________________________________________
2.Some question/s I want to ask my teacher about this module is/are:
__________________________________________________________________________________
__________________________________________________________________________________

ANSWER KEY:

Rubrics on Skill Rate

Building
Activity 2.1
Correct answer with 5
explanation and without
erasure
Correct answer with 2
explanation but with
erasure
Incomplete answer and no 2
explanation
Correct answer with 1
explanation and without
erasure
Total 10 points
Activity 2.2
Correct answer with 5
explanation and without
erasure
Correct answer with 2
explanation but with
erasure
Incomplete answer and no 2
explanation
Correct answer with 1
explanation and without
erasure
Total 10 points
Activity 2.3
Correct answer with 5
explanation and without
erasure

This document is the property of PHINMA EDUCATION

 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #9 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Correct answer with 2

explanation but with
erasure
Incomplete answer and no 2
explanation
Correct answer with 1
explanation and without
erasure
Total 10 points

Congratulations! That’s enough for today, please study in advance 😊

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