How Much Is Bail in the Philippines and How Is It Computed?

Bail is security given so that a person in custody can be released while the case goes on. It guarantees that the accused will appear in court when required (Rule 114, Section 1 of the Rules of Criminal Procedure).

Bail can take four forms:

• Corporate [surety](/law/glossary/suretyship): a bond from a corporation licensed as a surety.
• Property bond: real property used as security. The lien must be annotated on the title within 10 days after the bond is approved.
• Cash deposit: money paid in full.
• Recognizance: release to the custody of a qualified person, without money. See release on recognizance.

Under Rule 114, Section 4, bail is a matter of right:

• before or after conviction by a Metropolitan, Municipal, Municipal Trial Court in Cities or Municipal Circuit Trial Court; and
• before conviction by the Regional Trial Court, for an offense not punishable by death, reclusion perpetua or life imprisonment.

After conviction by the Regional Trial Court of such an offense, bail becomes discretionary (Section 5). If the sentence is more than six years, bail is denied or cancelled when the prosecution shows, for example, that the accused is a recidivist, escaped before, committed the crime while on probation or parole, may flee, or may commit another crime.

For offenses punishable by reclusion perpetua or life imprisonment, there is no bail when the evidence of guilt is strong (Sections 7 and 8). That is the case for murder. See Is murder bailable?

The DOJ's Department Circular No. 013 (the 2018 Bail Bond Guide) gives prosecutors these rules. They are a starting point. The judge sets the final amount.

A fraction of a year counts as one year. Theft or qualified theft above ₱600,000, and estafa by check above ₱1.2 million, go back to ₱6,000 per year. The guide also had a crime-by-crime schedule attached. We have not been able to read that schedule, so we do not list amounts per crime.

To know the years, you need the penalty for the crime and its duration. See Duration of penalties under the Revised Penal Code.

These are estimates using the formula above. They are illustrations only. The court fixes the real amount.

• Homicide. Article 249 punishes homicide by reclusion temporal, which runs from 12 years and 1 day to 20 years (Article 27, as amended by Republic Act No. 7659). The maximum is 20 years. 20 × ₱6,000 = about ₱120,000.
• BP 22, one check of ₱80,000. ₱6,000 for the first ₱40,000 plus ₱6,000 for the next ₱40,000 = about ₱12,000.
• BP 22, one check of ₱200,000. ₱6,000 for the first ₱40,000, plus 4 × ₱6,000 for the remaining ₱160,000 = about ₱30,000.

Yes. Rule 114, Section 9 lists what the judge considers "primarily, but not limited to":

1. the financial ability of the accused to give bail;
2. the nature and circumstances of the offense;
3. the penalty;
4. the character and reputation of the accused;
5. age and health;
6. the weight of the evidence;
7. the probability that the accused will appear at trial;
8. forfeiture of other bail;
9. whether the accused was a fugitive when arrested; and
10. other pending cases where the accused is on bail.

The same section says excessive bail shall not be required. After the accused is admitted to bail, the court may increase or reduce the amount for good cause (Section 20).

Under Rule 114, Section 14, the accused or anyone acting for him or her may deposit the cash with the nearest collector of internal revenue or the provincial, city or municipal treasurer. The amount is the one fixed by the court, or recommended by the prosecutor who investigated or filed the case. The accused is released after submitting the certificate of deposit and a written undertaking.

The deposit is applied to the fine and costs. Any excess is returned to the accused or to whoever made the deposit. Bail is automatically cancelled when the accused is acquitted, the case is dismissed or the judgment of conviction is executed (Section 22).

If the accused fails to appear when required, the bail is declared forfeited. The bondsmen get 30 days to produce the accused and explain the absence (Section 21).

Usually with the court where the case is pending. If the judge is absent, it may be filed with another trial judge in the same province, city or municipality. A person arrested in another place may also file it with a court there. But where bail is a matter of discretion, or the accused asks for release on recognizance, the application may only be filed in the court where the case is pending. A person who is in custody but not yet charged in court may apply for bail with any court in the province, city or municipality where he or she is held (Rule 114, Section 17).

Rule 114, Section 16 says a person who has been in custody for as long as the possible maximum prison term for the offense charged must be released immediately. The trial or appeal continues. A person who has been in custody for as long as the minimum of the principal penalty may be released on reduced bail or on recognizance, at the court's discretion.

These are made-up examples. They are not advice for any real case.

Jessa is charged with estafa for misappropriating money entrusted to her (Article 315, paragraph 1(b) of the Revised Penal Code). As amended by Republic Act No. 10951, the total penalty for this kind of estafa may not go above 20 years, so it is not reclusion perpetua and bail is a right before conviction. The prosecutor recommends an amount using the DOJ formula. Her lawyer asks the court to lower it because she earns very little. Under Section 9, her financial ability is the first factor the judge weighs.

Paolo is charged under BP 22 for a ₱80,000 check. His sister pays about ₱12,000 cash bail at the city treasurer. If Paolo is later only fined, the deposit goes to the fine and costs, and the rest comes back.

Mario cannot pay any bail at all. After arraignment, he may ask for release on recognizance.

A pending case can also come up later when the person applies for an NBI clearance. See what an NBI HIT means. For a full overview, see Arrest, detention and bail.

As soon as a relative is arrested or a warrant is issued. A lawyer can check whether bail is a right, file the application in the right court, ask for a lower amount, or ask for a bail hearing in a no-bail case. If the family cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO).