Arrest, Detention and Bail in the Philippines

Rule 113, Section 5 of the Rules of Criminal Procedure allows a peace officer, or even a private person, to arrest without a warrant only:

1. when the person, in his or her presence, has committed, is actually committing or is attempting to commit an offense;
2. when an offense has just been committed and he or she has probable cause, based on personal knowledge of facts or circumstances, that the person did it;
3. when the person is a prisoner who escaped.

In Veridiano v. People (2017), the Supreme Court held that a tip alone, without any overt act showing a crime, does not justify an arrest without a warrant. More in When can police arrest you without a warrant?

Article 125 of the Revised Penal Code, as amended by Executive Order No. 272, punishes a public officer who detains a person for a legal ground and fails to deliver that person to the proper judicial authorities within:

• 12 hours for crimes punishable by light penalties;
• 18 hours for crimes punishable by correctional penalties;
• 36 hours for crimes punishable by afflictive or capital penalties.

The same article protects the person detained:

A person arrested without a warrant may ask for a preliminary investigation before the complaint is filed, but must then sign a waiver of Article 125 in the presence of counsel. Even with the waiver, he or she may apply for bail (Rule 112, Section 7). See How long can police detain you without charges? To know which class a penalty belongs to, see the duration of penalties table.

Bail, or "piyansa", is the security given so that an accused can be released while the case goes on. Rule 114, Section 4 makes it a matter of right:

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

For offenses punishable by reclusion perpetua or life imprisonment, Section 7 says no one shall be admitted to bail "when evidence of guilt is strong." The accused can still ask for a bail hearing, and the prosecution must show that the evidence is strong. This is why murder and homicide are treated so differently: see Is murder bailable? and Homicide vs murder.

There is no single amount. The judge fixes it. Prosecutors recommend an amount using the DOJ's 2018 Bail Bond Guide (Department Circular No. 013): for most crimes, the number of years of the maximum penalty multiplied by ₱6,000. Some crimes use a lower multiplier, such as ₱2,000 for theft up to ₱600,000. For crimes punished by reclusion perpetua, the recommendation is "No Bail", and only the court can change that after a hearing. Worked examples are in How much is bail?

Yes, in some cases. Under the Recognizance Act of 2012 (Republic Act No. 10389), a person who cannot post bail because of abject poverty may be released to the custody of a qualified member of the barangay, city or municipality where he or she lives. It is a right when the offense is not punishable by death, reclusion perpetua or life imprisonment, after arraignment, and with a sworn declaration of indigency and a certification from the local social welfare office. See Release on recognizance.

• [Probation](/law/glossary/probation). A person sentenced to a maximum term of six years or less, and not otherwise disqualified, may apply for probation within the period to appeal. Applying means giving up the appeal. In Colinares v. People (2011), the Supreme Court let an accused apply after his appeal lowered the penalty, and Republic Act No. 10707 (2015) now puts a similar rule in the Probation Law. See Who can apply for probation?
• Good conduct time allowance. Under Article 97, as amended by Republic Act No. 10592, good behavior earns deductions from the sentence: 20 days per month in the first two years, rising to 30 days from the eleventh year. See GCTA: how it is computed and Inmates of the New Bilibid Prison v. De Lima.

Crimes prescribe. Under Article 90, the period depends on the penalty: twenty years for crimes punishable by death, reclusion perpetua or reclusion temporal, down to two months for light offenses. Crimes under special laws, such as BP 22, follow Act No. 3326 instead. See How many years before a criminal case prescribes? and the prescription of crimes table.

These are made-up examples to show how the rules work. They are not advice for any real case.

Joel is arrested at 9 p.m. by a police officer who saw him snatch a bag. That fits Rule 113, Section 5(a), so no warrant is needed. If the crime is punishable by a correctional penalty, Article 125 gives the police 18 hours to deliver him to the proper judicial authorities. Meanwhile, Joel must be told why he is held, and he may talk to his lawyer.

Rina is charged in the Regional Trial Court with homicide, which is punished by reclusion temporal (12 years and 1 day to 20 years). Bail is a matter of right before conviction. The DOJ formula gives 20 × ₱6,000 = ₱120,000 as the prosecutor's recommendation, but the judge decides the final amount. If Rina is very poor, she may ask instead to be released on recognizance after arraignment.

At once, if you or a family member is arrested, invited for questioning or charged. A lawyer can check whether the arrest was lawful, whether the detention period was respected, whether to waive Article 125 for a preliminary investigation, and how to ask for bail or recognizance. The Public Attorney's Office handles criminal cases for indigent persons: see Free legal help in the Philippines.