In the Philippines, a person can only file a Petition for Bail when the applicant of the bail himself or herself is in custody. This means that those who would like to apply for bail must either voluntarily surrender or has been arrested already. This article aims to let the reader know the requirements for posting a bond in court to temporarily restore back the liberty of the accused.
When a person is arrested, he is restrained physically, jailed or imprisoned so that he may be made to answer for the crimes or infractions he committed. If the person wants to temporarily restore his freedom while his case is on trial, he must post bail.
Under Sec. 1, Rule 114, Rules of Court, “bail” is the security for the release of a person under custody of the law. Hence, one must be under the custody of the law.
By the way, bail or “piyansa” in Filipino is not intended to cover the civil liability of an accused in the criminal case. The said money “may” be applied to cover the payment of fines or costs. Mainly however, it serves as a “security” for the release of person under custody. Whether the application for bail is granted or denied by the court, it has NO impact on the civil liability of the accused. The payment of civil liability largely depends on the “final judgment”.
Who can process the papers to apply for bail?
The relative of the accused or the counsel of the accused may do so. Any person can also process the posting of a bond. To avoid delays, please make sure that you have the following documents or papers with you (just in case needed):
- Authorization letter signed by the accused himself
- Make sure to photocopy an ID of the accused; and
- ID of the person who wants to process the papers.
The authorization letter must be something of this format:
To Whom It May Concern;
I hereby authorized Mr./Ms. (name of the person tasked to process the papers) to process my papers and transact in my behalf for the purpose of (state the purpose. A general statement is acceptable to some establishments).
(signature of the accused here)
Complete Name of Accused
Where to get the requirements for posting of a bond?
Normally, the requirements are given by the assigned personnel in the Office of the Clerk of Court. So, proceed directly to the Office of the Clerk of Court and ask for a list.
What are the requirements for posting a bond?
The following are the requirements for posting of cash bond. Make sure to comply all of these (updated as of March 21, 2017):
- Certified true copy of the Information
- Barangay Certification with Seal
Purpose to indicate in the certification: For Cash Bond/Bail Bond
- Picture of the accused: 12 pieces with name and case number
- Certificate of Detention
- Waiver of Appearance
- ID and Cedula (Community Tax Certificate) of the respondent/accused
- House sketch with Seal
After complying all of the above’s requirements, you may then proceed to the Office of the Clerk of Court to submit all the necessary documents. Ready the amount of the cash/bail bond required. The amount of the bond depends on what kind of case the accused is charged with.
For example, in Las Pinas Regional Trial Court, the Court will require you to post a bond of 250,000Php if the accused is indicted for violation of Section 11, Art. II of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. The amount of the bond also depends on the gravity of the offense the accused is being held liable for.
In drugs cases, Section 11 of R.A. 9165 is bailable when the amount of the seized illegal drugs is less than 5 grams. If it is more than 5 grams, it “may/might” still be bailable but there must be a summary hearing first to determine whether the evidence of guilt of the accused is NOT strong.
Section 5 of R.A. 9165 involves selling of illegal drugs and it requires summary hearing as well. Long story short, no bail is recommended in selling illegal drugs under Section 5, Article II of RA 9165 because it is a capital offense. The counsel of the accused has to file a Petition for Bail and it shall be heard by the court (there will be hearings scheduled for the purpose). After which, the Court will decide on granting or denying the Petition. You can always ask your lawyer about this.
What To Expect After All the Requirements Are Filed and Submitted
It will take time. By time, I mean days and weeks. After the submission of all the requirements to the Office of the Clerk of Court, everything will then be forwarded to the court where the case is raffled. (Yes, the term is raffled because all cases are raffled to different courts to make sure no court has a dominion over a case it prefers to handle. This is also to maintain the integrity of the courts.)
The court through its personnel will then add the case in the calendar and schedule it for a hearing. Take note that cases are heard “usually” from Mondays to Thursdays. Fridays are motion days. To know the schedule of the hearing, you may call the Court itself and ask for the schedule. Otherwise, you can visit the office of the branch clerk and ask for the schedule.
At the end of these processes on the Petition for Bail, what you will need is the “Order” which grants the bail. If the “Order” on the Petition for Bail says the prayer to bail/seek temporary liberty is granted, the accused or respondent is ordered to pay an amount. When this has been complied with, the court will then give you the “Release Order” directing the jail warden to release the accused.
The other scenario is when the Petition for Bail is denied. When it is denied, then the accused/respondent must stay on the penal establishment during the duration of his trial until there is a final judgment of the case releasing the accused. Trials in the Philippines “usually” range from 3-10 or more years. It depends largely on the volume of the case a court is handling, the judge handling the case, the counsel of the accused and the prosecutor’s availability.
It is advisable for the bail-grantee to “always” attend on the hearings or trials. Never be absent. Because once you are not present in the trial and you are a bail grantee, you are a candidate of being arrested and being detained again for not attending a hearing. So, always be updated on the hearing schedule.
I hope this article sheds light. If you have any questions, please feel free to contact me here.
Good luck and God bless!