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Legal Practitioner's Bail Guide

This document outlines 26 sections related to bail rules and procedures in the Philippines criminal justice system. It defines bail and outlines the conditions and requirements for bail, including that an accused person cannot be released or transferred except by court order or bail. It also discusses when bail is granted as a matter of right versus at the court's discretion, and establishes that capital offenses are not bailable. Various court cases are cited within each section to provide examples.

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Carmii Ho
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287 views3 pages

Legal Practitioner's Bail Guide

This document outlines 26 sections related to bail rules and procedures in the Philippines criminal justice system. It defines bail and outlines the conditions and requirements for bail, including that an accused person cannot be released or transferred except by court order or bail. It also discusses when bail is granted as a matter of right versus at the court's discretion, and establishes that capital offenses are not bailable. Various court cases are cited within each section to provide examples.

Uploaded by

Carmii Ho
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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RULE 114 – BAIL

Sec. 1. Bail defined

1. Almeda v. Villaluz, 86 SCRA 38


2. Maguddatu c. CA, 326 SCRA 362
3. Bangayon v. Butacan, 345 SCRA 301
4. Garcia-Padilla v. Enrile, 121 SCRA 472
5. Aswat v. Galido, 204 SCRA 205
6. Enrile v.Sandigan – G.R. No. 213847, 2015

Sec. 2. Conditions of the bail; Requirements

1. Manotoc Jr. v. CA 142 SCRA 149


2. Burgos v. Court of Appeals, G.R. No. 16971, Feb. 8, 2010

Sec. 3. No release or transfer except on court order or bail

1. Ambil v. Sandiganbayan, et al., G.R. No. 175457, July 6, 2011

Sec. 4. Bail, a matter of right; exception

1. People v. Gako, Jr., 348 SCRA 334


2. Comia v. Astona, 337 SCRA 656
3. Paderanga v. CA, 247 SCRA 741
4. Teehankee v. Director of Prisons, 76 Phil 756

Sec. 5. Bail, when discretionary

1. Bravo, Jr. v. Borja, 134 SCRA 466

Sec. 6. Capital offense defined

Sec. 7. Capital offense or an offense punishable by reclusion perpetua of life


imprisonment, not bailable.

Sec. 8. Burden of proof in bail application

1. Narciso v. Sta. Romana-Cruz, 328 SCRA 505

Sec. 9. Amount of bail; guidelines

1. De la Camara v. Enage, 41 SCRA 1

Sec. 10. Corporate Surety

Sec. 11. Property bond, how posted


Sec. 12. Qualification of sureties in property bond

1. Villaseñor v. Abano, 21 SCRA 312

Sec. 13. Justification of sureties

Sec. 14. Deposit of cash as bail

1. Lachica v. Judge Tormis – 20 Sept. 2005

Sec. 15. Recognizance

Sec. 16. Bail, when not required; reduced bail or recognizance

Sec. 17. Bail, where filed

1. Borinaga v. Tamin, 226 SCRA 206


2. Cruz v. Judge Yaneza, 304 SCRA 294
3. Tormis v. Judge Paredes – 4 February 2015

Sec. 18. Notice of application to prosecutor

1. People v. Raba, 130 Phil 384


2. Paraga v. Veneracio, 269 SCRA 371

Sec. 19. Release on bail

1. Enrile v. Sandiganbayan, G.R. No. 213847, August 18, 2015


2. People v. Sandigan – 529 SCRA 704

Sec. 20. Increase or reduction of bail

1. Sy Guan v. Amparo, 79 Phil 690

Sec. 21. Forfeiture of Bail

Sec. 22. Cancellation of Bail

1. People v. Lorredo, 50 Phil 209

Sec. 23. Arrest of the accused out on bail

1. Silverio v. CA. 195 SCRA 760

Sec. 24. No bail after final judgment, exception

Sec. 25. Court supervision of detainees


Sec. 26. Bail not a bar on objection on illegal arrest, lack of or irregular preliminary
investigation

1. Borlongan, Jr., et al. v. Peña, G.R. No. 143591, May 5, 2010

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