CA 2 REVIEWER CUTIE TEMPORARY RELEASE OF DETAINED PERSON

1. Under the 1987 Philippine Constitution (2 modes)

 Bail
2 ELEMENTS OF CORRECTIONAL TREATMENT  Recognizance
 Secured Confinement or Institutionalized Corrections 2. Under the Rules of Court
 Community Based Program  Habeas Corpus (Rule 102)
A speedy and effectual remedy
Is a supervised program dealing with people who have been convicted or are
facing conviction.  Bail
Security given for the release of person in custody of the law.
Non-incarceration system of correction.
Matter of Discretion
 Bail Bond
 Community Corrections
Obligation given by the accused with one or more sureties.
Imposed without removal of the offender from his area of residence and
DIFFERENT FORMS OF BAIL
employment.
1. Corporate Surety
Means subfield corrections.
Any domestic or foreign corporation, licensed as surety in accordance with law.
Sometimes referred to as Non-Institutional Corrections. 2. Property Bond
An undertaking constituted as lien on the real property given as security for the
amount of the bail.
 Community-Based Corrections 3. Cash Deposit
The accused or any person acting in his behalf may deposit cash.
Involves offender supervision under control of sentencing court.
4. Recognizance
Minimization of the offender’s contact with institutional incarceration. (Basic The court may release a person in custody to his own recognizance or that of a
principles) responsible person.

1. Less expensive to supervise inmates. When bail is discretionary?

2. Necessary if the prison system is not to be overwhelmed.
Upon conviction by the Regional Trial Court (RTC)
3. Avoid stigma and pains of imprisonment and be rehabilitated in the
community. If penalty imposed by trial court, imprisonment of exceeding 6 years shall be
denied to bail.
 Detention
Where bail may be filed?
Restraint of personal liberty or deprivation of freedom of action.
Bail in the amount fixed may be filed with the court when the case is pending.
 Detainee 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.
Refers to a person who is accused before a court.

 Detention Prisoner

Refers to a person arrested due to the commission of a crime or offense.