Article 60p. 60

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

accused appearing at the trial.

73

SEC. 5. Burden of proof in bail application . - At the

hearing of an application for admission to bail filed by

any person who is in custody for the commission of an

offense punishable by death, reclusion perpetua or life

imprisonment,

the

prosecution has the burden of

showing that evidence of guilt is strong. The evidence

presented during the bail hearings shall be considered

automatically reproduced at the trial, but upon motion

of either party, the court may recall any witness for

additional examination unless the witness is dead,

outside of the Philippines or otherwise unable to testify.

SEC. 6. Recognizance. - Whenever allowed pursuant to

law or these Rules, the court may release a person in

custody

on

his

own

recognizance

or

that

of

a

responsible person.

SEC.

7.

Bail,

when

not

required;

reduced

bail

or

recognizance . - No bail shall be required when the law

or the Rules issued by the Supreme Court so provide .

74

When a person has been in custody for a period equal

to or more than the possible maximum imprisonment

of the offense charged to which he may be sentenced,

he shall be released immediately without prejudice to

the continuation of the trial thereof or the proceedings

on appeal. In case the maximum penalty to which the

accused may be sentenced is destierro, he shall be

released

after

thirty

(30)

days

of

preventive

imprisonment.

A person in custody for a period equal to or more than

the minimum of the principal penalty prescribed for

the

offense

charged

without

application

of

the

Indeterminate

Sentence

Law

or

any

modifying

circumstance, shall be released on a reduced bail or on

his own recognizance, at the discretion of the court.

SEC. 8. Notice of application for hail to prosecutor . - In

an application for bail, the court shall give reasonable

notice of the hearing to the prosecutor or require him

to submit his recommendation.

SEC. 9. Cancellation of hail bond . - Upon application

filed

with

the

court and after due notice to the

prosecutor,

the

bail bond may be canceled upon

surrender of the accused or proof of his death.

The bail bond shall be deemed automatically canceled

upon acquittal of the accused or dismissal of the case

or execution of the final judgment of conviction.

In

all

instances,

the cancellation shall be without

prejudice to any liability on the bond.

SEC. 10. Arrest of accused out on hail. - For the purpose

of surrendering the accused, the bondsmen may arrest

him, or on written authority endorsed on a certified

copy of the undertaking may cause him to be arrested

by any police officer or any other person of suitable age

and discretion.

An accused released on bail may be re-arrested without

the necessity of a warrant if he attempts to depart from

the Philippines without prior permission of the court

where the case is pending.

SEC. 11. No had after final judgment, exception. - An

accused shall not be allowed bail after the judgment

has become final, unless he has applied for probation

before commencing to serve sentence, the penalty and

the offense being within the purview of the Probation

Law. In case the accused has applied for probation, he

may be allowed temporary liberty under his bail bond,

but if no bail was filed or the accused is incapable of

filing

one,

the

court

may

allow

his

release

on

recognizance

under

the

custody

of

a

responsible

member of the community. In no case shall bail be

73 Sec. 6, Rule 114, supra; Department of Justice Circular No.4,

series of 1996, effective 1 February 1996.

74 See RA 6036 and Rules on Summary Procedure; Art. 29, Revised

Penal Code; BP BIg 85 [1980]; Sec. 13, Rule 114, ibid.

allowed after the accused has commenced to serve

sentence.

SEC.

12.

Rules

in

computing

the

bail

to

be

recommended . - To achieve uniformity in the amount

of bail to be recommended, the following rules shall be

observed:

1)

Where

the

penalty

is

reclusion

perpetua,

life

imprisonment,

reclusion

perpetua

to

death

or

death, bail is not a matter of right; hence, it shall not

be recommended.

2)

Where bail is a matter of right and the imposable

penalty is imprisonment and/or fine, the bail shall

be

computed

on

the

basis

of the penalty of

imprisonment applying the following rules:

i)

where the penalty is reclusion temporal

(regardless of period) to reclusion perpetua,

bail

shall

be

computed

based

on

the

maximum of reclusion temporal.

ii)

where

the

imposable

penalty

is

correccional or afflictive, bait shall be based

on the maximum of the penalty, multiplied

by P2,000.00. A fraction of a year shall be

rounded-off to one year.

iii)

for

crimes

covered

by

the

Rules

on

Summary Procedure and Republic Act No.

6036, bail is not required except when

respondent/accused

is

under

arrest,

in

which

case,

bail

shall

be computed in

accordance with this guideline.

iv)

iv

for

crimes

of

reckless

imprudence

resulting in homicide arising from violation

of

the

Land

Transportation

and

Traffic

Code, bail shall be P30,000.00 per deceased

person.

v)

for violation of Batas Pambansa Blg. 22, bail

shall be 50% of the amount of check but

should not be less than P2,000.O0nor more

than P30,000.00.

Where the imposable penalty is only a fine, bail shall be

computed as follows:

i)

fine not exceeding P2,000.00,bail is not

required.

ii)

fine of more than P2,000.00,bail shall be

50% of the fine but should not exceed

P30,000.00.

iii)

in case of reckless imprudence resulting to

damage

to

property,

bail

shall

be

three-eighths

(3/8)

of

the

value of the

damage but not exceeding P30,OOO.OO

except

when

covered

by the Rules on

Summary Procedure.

1)

Bail based on the maximum penalty, multiplied by

P1O,OOO.OO,shall

be

applied

to

the

following

offenses under the following laws:

a)

Republic Act No.6425 (Dangerous Drugs Act),

as amended by RA 7659;

b)

Republic Act No.6539 (Anti-Carnapping Act), as

amended by RA 7659;

c)

Republic Act No.7659 (for other crimes covered

by it);

d)

Presidential Decree No. 186 (Illegal Possession

of

Firearms,

Ammunition

or

Explosives), as

amended by RA 8294;

e)

Republic

Act

No.

1937

(Tariff and Customs

Code), as amended; or

f)

Rebellion,

insurrection

or

Coup

d'etat

as

amended by Republic Act No.6968.

SEC. 13. Petition for bail in a continuous trial . - In case a

petition for bail is filed by the accused and the court

orders

a

continuous

trial

of

the

case,

the public

prosecutor

shall

be

prepared

with

his

principal

© Compiled By RGL

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