Facing criminal charges can be a stressful and uncertain experience. Posting bail offers a crucial lifeline if you wish to be released from detention while your case is pending. By posting bail, you can continue your daily life and prepare your defense, all while upholding the principle that one is innocent until proven guilty.
Whether you’re helping a loved one or navigating the process yourself, this guide will walk you through everything you need to know about posting bail in the Philippines. It is important to understand the different options available, documentary requirements, and the process of posting bail.
What is a Bail?
Bail is a legal mechanism that allows an accused person to be released from detention during the trial process or before their case reaches a verdict. It upholds the presumption of innocence until proven guilty, ensuring that individuals are not unjustly imprisoned before a court determines their guilt.
To be released, the accused person is required to settle their bail amount. This serves as an incentive for the accused to comply with the conditions of their release, including attending all court hearings and refraining from engaging in illegal activities. If the accused fails to appear in court or violates any of the conditions imposed, the bail may be forfeited, and be subjected to an arrest by virtue of a bench warrant.
What are the Types of Bail?
In accordance with Section 1 of Rule 114 of the Revised Rules of Criminal Procedure, bail may be given in the form of the following:
Corporate Surety Bond
Corporate Surety Bond is when any domestic or foreign corporation, licensed as a surety in accordance with law and currently authorized to act as such, may provide bail by a bond subscribed jointly by the accused and an officer of the corporation duly authorized by its board of directors.
Cash Bail
Cash Bail is when the accused or any person acting on his behalf may deposit in cash with the Court the amount of bail fixed by the court, or recommended by the prosecutor who investigated or filed the case. Upon submission of a proper certificate of deposit and a written undertaking showing compliance with the requirements, the accused should be discharged from custody by the Police Officers having custody of the accused.
Recognizance
Recognizance is whenever allowed by law or these Rules, the court may release a person in custody to his own recognizance or that of a responsible person.
It is crucial to consult with a lawyer to understand the implications of each option and choose the most suitable one.
Where Should You File a Bail?
Under Section 17 of Rule 114, the bail in the amount fixed may be filed with the court where the case is pending.
If the accused is arrested in a province, city, or municipality other than where the case is pending, bail may be filed with any regional trial court of said place. 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.
Additionally, 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.
What are the Documentary Requirements for Bail?
The following documents are required to be submitted for bail:
Corporate Surety Bond
- Requirements imposed on the Cash Bond
- Photocopy of the Certificate of Accreditation and Authority issued by the Court Administrator containing the photograph of the authorized agent (after presentation to the Clerk of Court of the original as Copy of the Certificate of Accreditation and Authority containing the photograph of the agent), with the following attached documents:
- Certified copy of a valid Certificate of Accreditation and Authority issued by the Office of the Court Administrator
- Proof of payment of legal fees under the Rules of Court and the documentary stamp tax or fractional part
- Secretary Certificate containing the specimen signatures of the agents authorized to transact business with the courts
Cash Bail
- Certified True Copy or Official Court Copy of the Information
- Accused’s picture showing his/her front, left and right profiles, with the name and signature of the accused at the back of each picture
- Accused’s left and right handprints
- Barangay Certification intended for bail purposes, reflecting accused’s real name and residence
- Location plan or house sketch of the accused as certified by the barangay and ID of the Barangay Chairman
- In case the accused is detained, Certificate of Detention showing the name, designation, and signature of the personnel authorized to issue the said certificate where accused is detained
- Accused’s notarized Undertaking and Waiver of Appearance in accordance with Rule 114 of the Revised Rules of Criminal Procedure
- Bail amount recommended or imposed by the Court
- Other additional documents that the court may require
Recognizance
- Sworn declaration by the custody of his/her indigency or incapacity either to post a cash bail or proffer any personal or real property acceptable as sufficient sureties for a bail bond
- Certification issued by the head of the social welfare and development office of the municipality or city where the accused actually resides, that the accused is indigent
- Accused’s picture showing his/her front, left and right profiles
- Other necessary documents
How to Bail Someone Out of Jail in the Philippines?
To post a bail, follow these steps:
- Consult with a Lawyer. Seek advice from a lawyer to be guided through the bail requirements and process. A lawyer can also represent you during the court proceedings and protect your rights.
- Identify the Bail Amount. Identify the penalty imposed by the court. The bail amount is usually based on the nature of the offense, having a lawyer could help you assess and understand the amount set for your case. A lawyer could also assist you on deciding which of the bail options is the best for you.
- Prepare Requirements. Gather the necessary requirements for the bail application. Note that each type of bond has different requirements.
- Secure the Bail Amount. If the bail is in cash, ensure to have the required amount. If you will avail the other bonds, provide the necessary documents and undergo the evaluation process.
- Fill Out the Form. Fill out the bail bond form and submit the required documents to the court clerk or designated personnel. Ensure that all given information is accurate and complete.
- Pay the Bail Fee. Pay the bail fee accordingly and maintain a copy of the bail receipt for future reference.
- Comply with Court Conditions. Follow the conditions set by the court, such as attending court proceedings, reporting to the court or law enforcement agency, and refraining from committing any further offenses. Failure to comply may result in the revocation of bail and additional legal consequences.
Can a Bail be Forfeited?
According to Section 21 of Rule 114, when the presence of the accused is required by the court or these Rules, his bondsmen (in case of Surety Bond) should be notified to produce him before the court on a given date and time. If the accused fails to appear in person as required, his bail will be declared forfeited and the bondsmen given thirty (30) days within which to produce their principal and to show cause why the bail should not be forfeited.
Within the said period, the bondsmen must:
- Produce the body of their principal or give the reason for his non-production; and
- Explain why the accused did not appear before the court when first required to do so.
Failing in these two requisites, the court will forfeit the bond and have the accused arrested, unless the accused has surrendered.
Need further information and assistance regarding Posting Bail? Talk to our team at Duran & Duran-Schulze Law in Bonifacio Global City, Taguig, Philippines to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
