Right to Bail not Affected by Suspension of Writ

Right to Bail not Affected by Suspension of Writ

   The Supreme Court has laid down the rule that the accused is entitled to demand all the constitutional safeguards and privileges essential to due process.

   The right of an accused charged for a crime to bail is not affected by the suspension of the privilege of writ of habeas corpus. The Supreme Court, in a case, observe that nowhere in the law or the constitution is it provided expressly or impliedly that the suspension of the privilege of the writ, which is an executive act, carries with it the suspension of the right of the accuse to bail, a provision not too difficult to incorporate in the constitution or in the statute if such be the legislative intent. Were the rule otherwise, then it must necessarily follow that the constitutional presumption of innocence in favor of an accused is meaningless, therefore, a dead letter law. An accused would find himself under detention and continues to be so merely because the executive has suspended the privilege of the writ of habeas corpus under circumstances legally justifiable, consequently, such suspension of the writ would, in effect, result to a judgement of conviction. For he could not secure his release because the law would not permit inquiry into the legality of his detention under the executive act, but definitely not because he was presumed to be guilty. Such rule not only wrecks havoc and violence to this constitutional right to be presumed innocent until his guilt is proven beyond reasonable doubt, but also to his right to bail where the evidence against him relative to his guilt is not strong.

Excessive Bail Prohibited

   The prohibition against excessive bail is necessary to render effective the constitutional right of an accused to bail. For a person under detention would continue to be deprived of his liberty if the bail required under the law is excessively beyond his financial means to afford.

   The question as to whether the bail is excessive is a matter of judicial discretion. The law requires the judge to fix the bail for the accused, and in the consideration of this matter, the judge may take into account the following factors:

      1. Financial ability of the accused to file bail;
      2. Nature and circumstances of the offense;
      3. Penalty of the offense charged;
      4. Character and reputation of the accused;
      5. Age and health of the accused;
      6. The weight of evidence against the accused;
      7. Probability of the accused appearing for trial;
      8. Forfeiture of other bonds;
      9. The fact that the accused was a fugitive from justice when arrested; and
     10. The pendency of other cases in which the accused is under bond.