Bail: Meaning in Philippine Law
Quick answer
Bail is the security a person in custody gives so that he or she can be released while the criminal case is going on. It guarantees that the accused will appear in court when required. In Filipino it is commonly called "piyansa". The rules are in Rule 114 of the Rules of Court.
Also called: Piyansa, Bail bond
What is bail under Rule 114?
Section 1 of Rule 114 defines bail as the security given for the release of a person in the custody of the law, furnished by the person or a bondsman, to guarantee his or her appearance before any court. It lists four forms:
- Corporate [surety](/law/glossary/suretyship): a bond issued by a bonding company.
- Property bond: real property put up as security.
- Cash deposit: money deposited for the amount of bail.
- Recognizance: release on the person's own recognizance or that of a responsible person, without money, whenever the law or the Rules allow it (Section 15; see Release on recognizance).
When is bail a right?
Article III, Section 13 of the 1987 Constitution says all persons are bailable before conviction, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong. It also says excessive bail shall not be required.
Rule 114, Section 4 makes bail a matter of right before or after conviction by a first-level court (MTC, MeTC, MTCC or MCTC), and before conviction by the Regional Trial Court for an offense not punishable by death, reclusion perpetua or life imprisonment. For murder and similar offenses, see Is murder bailable?.
Where is cash bail paid, and is it returned?
Under Section 14, cash may be deposited with the nearest collector of internal revenue or the provincial, city or municipal treasurer. The deposit is applied to the fine and costs, and any excess is returned to the accused or to whoever made the deposit. Section 22 says bail is automatically cancelled when the accused is acquitted, the case is dismissed or the judgment of conviction is executed.
Example
Made-up illustration: Mario is arrested and charged with theft, an offense not punishable by reclusion perpetua. Bail is a matter of right before conviction. His sister deposits the bail fixed by the court in cash at the city treasurer, and Mario is released once the certificate of deposit and his written undertaking are submitted. If he is later fined, the deposit goes to the fine and costs, and the rest is returned.
How much is bail?
There is no single amount: the court fixes it in each case, using the factors in Section 9. Section 14 also mentions bail "recommended by the prosecutor who investigated or filed the case". See How much is bail in the Philippines?.
Frequently asked questions
What are the four kinds of bail in the Philippines?
Rule 114, Section 1 of the Rules of Court lists corporate surety, property bond, cash deposit and recognizance.
Do I get my cash bail back?
Under Rule 114, Section 14, cash bail is applied to the payment of the fine and costs, and any excess is returned to the accused or to whoever made the deposit. Section 22 says bail is automatically cancelled on acquittal, dismissal of the case or execution of the judgment of conviction.
Who decides how much the bail is?
The court fixes the amount. Rule 114, Section 9 lists the factors, such as the accused's financial ability, the penalty and the weight of the evidence, and says excessive bail shall not be required.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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