Right to Bail

Right to Bail

      Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

Concept of Bail

      Bail is the security given for the release of the person in custody of law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions hereinafter specified. Bail maybe given in the form of corporate surety, bond, cash deposit, or recognizance.

      Recognizance is an obligation of record, entered into before some court or magistrate duly authorized by law to take, with the condition to do some particular act, the most usual condition in criminal cases, being the appearance of the accused for trial.

Object of Requiring Bail

      The object of requiring bail is to relieve the accused from imprisonment until conviction, and yet secure his appearance in court for trial. as to the defendant, the purpose of the bail is to have himself released from the custody of the law, and, as to the government, to secure that the defendant who is released will appear before the court in which his appearance is required.

Punishment for Capital Offenses

      A capital offense as provided under the Rules on Criminal Procedure, as amended, is an offense, which, under existing laws at the time of its commission and at the time of the application to be admitted to bail may be punished by reclusion perpetua or by death.

      The right to bail, including the right to recognizance is guaranteed by the Constitution  even if the privilege of the writ of habeas corpus is suspended subject to two exceptions:

            1) The right to bail shall not be available where the accused is charged for a crime for which the law imposes the penalty of reclusion perpetua and death -

            2) The evidence of guilt is strong.