It is a security required by the court and given by the accused to secure his appearance before the proper court at a designated time and place to face the charges brought against him.
It is a security for the provisional release of an accused.
What are the forms of bail bond?
A bail bond shall be in a form of cash/money or real property. No other.
Is the right to bail absolute?
It depends. If the offense committed is not a capital offense, in which case the penalty imposable is lower than reclusion perpetua, then the right to bail is absolute to that extent. But if the offense is punishable by reclusion perpetua, life imprisonment or death, then the right to bail is a matter of judicial discretion. If the evidence of guilt of the accused is strong, bail shall not be granted.
May the court grant bail to an accused in the absence of a hearing?
No. This is a gross violation of the rules of court. It also amounts to denial of due process to the prosecution. A formal hearing is not only necessary but indispensable. The prosecution must be given an opportunity to present, within a reasonable time, all the evidence it may desire to introduce before the court should resolve the motion to bail.
What if an accused is granted bail without hearing?What is its effect?
It will render the order void for having denied the prosecution the procedural due process. The judge who renders such order shall face administrative charges.
Who fixes the amount of bail bond?
It is the prosecutor who recommends the amount of bail bond. However, the judge may fix it by increasing or decreasing it in reasonable amount depending upon the circumstances of the accused.
What are the circumstances that must be considered in fixing the amount of bail bond?
The following circumstances should be considered, primarily but not exclusively, to avoid excessive bail.
1. the financial ability of the accused to give bail;
2. the nature and circumstances of the offense;
3. the penalty for the offense charged;
4. the character and reputation of the accused;
5. his age and health;
6. the weight of the evidence against him;
7. the probability of his appearance at trial;
8. the forfeiture of other bonds by him;
9. the fact that he was a fugitive from justice when arrested; and
10. the pendency of other cases in which he is under bond
May a person admitted to bail be allowed to travel abroad?
No. The right to travel abroad is curtailed. It must be noted that his appearance at the court is expected at all times. This is the necessary consequence and function of the bail. Therefor, the court must prohibit a person admitted to bail to travel abroad.
May bail be granted during the pendency of appeal?
No. When a person is already convicted, it means the the court found him guilty beyond reasonable doubt. The purpose of the hearing for petition for bail is useless because the guilt is already established therein. Therefore, a petition for bail on appeal is not allowed.
May a member of the military invoke the right to bail?
No. It is not available in the military. This is an exception to the general rule embodied in the Bill of Rights. The right to a speedy trial is given more emphasis where the right to bail does not exist. This is so because the military is a unique structure of organization.
May the prosecution present evidence for the denial of bail?
As pointed out earlier, the prosecution may do so if it is discretionary upon the court. But if it is a matter of right, offense is not a capital one, the prosecution does not have to present evidence.
May the court fix a bail equivalent to the civil liability of the accused?
No. Bail is not intended as a punishment nor as in satisfaction of civil liability which should necessarily await the judgement of the court.
No comments:
Post a Comment