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1. Bail is the security given for the release of a person in custody that is conditioned on their appearance in court as required. It can take the form of a cash deposit, property bond, or surety bond.
2. As a general rule, all persons charged with offenses not punishable by death, life imprisonment, or reclusion perpetua have the right to post bail before conviction. After conviction of offenses not punishable in the same way, the court may admit the accused to bail.
3. Exceptions to the right to bail include when charged with serious offenses and evidence of guilt is strong, or after conviction of reclusion perpetua. Standards for setting bail amounts consider the accused's circumstances
1. Bail is the security given for the release of a person in custody that is conditioned on their appearance in court as required. It can take the form of a cash deposit, property bond, or surety bond.
2. As a general rule, all persons charged with offenses not punishable by death, life imprisonment, or reclusion perpetua have the right to post bail before conviction. After conviction of offenses not punishable in the same way, the court may admit the accused to bail.
3. Exceptions to the right to bail include when charged with serious offenses and evidence of guilt is strong, or after conviction of reclusion perpetua. Standards for setting bail amounts consider the accused's circumstances
1. Bail is the security given for the release of a person in custody that is conditioned on their appearance in court as required. It can take the form of a cash deposit, property bond, or surety bond.
2. As a general rule, all persons charged with offenses not punishable by death, life imprisonment, or reclusion perpetua have the right to post bail before conviction. After conviction of offenses not punishable in the same way, the court may admit the accused to bail.
3. Exceptions to the right to bail include when charged with serious offenses and evidence of guilt is strong, or after conviction of reclusion perpetua. Standards for setting bail amounts consider the accused's circumstances
Take Note: Basic principle only by a person under custody of
http://www.chanrobles.com/admincircular12- the law, whose freedom are already restrained.
94.htm#.VvJ2aEcuqvy Is a matter of right as a general rule.
Right to bail: TAKE NOTE
Bail, a Matter of Right. All persons in custody shall: (a) before or after conviction by the Metropolitan Trial Court, Bail is the security given for the release of a person in Municipal Trial Court, Municipal Trial Court in Cities and custody of the law, furnished by him or a bondsman, Municipal Circuit Trial Court, and (b) before conviction by conditioned upon his appearance before any court as the Regional Trial Court of an offense not punishable by required under the conditions hereinafter specified. Bail death, reclusion perpetua or life imprisonment, be may be given in the form of corporate surety, property admitted to bail as a matter of right, with sufficient bond, cash deposit or recognizance. sureties, or be released on recognizance as prescribed by law or this Rule. Rationale: An assurance that the accused would to come to Bail, When Discretionary. Upon conviction by the court to attend court hearing whenever Regional Trial Court of an offense not punishable by required. death, reclusion perpetua or life imprisonment, the It is only an estimate of the court, equivalent to court, on application, may admit the accused to bail. the penalty of the crime committed.
Cash bond Exceptions:
Can be returned 1. When charge with an offense punishable by reclusion Perpetua or higher and Surety Bond where the accused will pay the Bondman when the evidence of the guilt of the through a premium to secure the custody and the post accused is strong in order to deny him the bail of the accused the right to bail. Can no longer be returned It is the duty of the judge to determine Property Bond 2. Bail is neither matter of right nor a Property to be posted to secure the release of a matter of discretion on the part of the person in custody of the law. court after conviction of reclusion Perpetua. Release on Recognizance Applicable only to non-afflictive penalties. Standards for fixing Bail: A person with known probity in the community a) [a] Financial ability of the accused to give bail; will guarantee the appearance of the accused. b) [b] Nature and circumstances of the offense; c) [c] Penalty of the offense charged; Reclusion Perpetua vs Life Imprisonment d) [d] Character and reputation of the accused; Reclusion perpetua entails imprisonment for at e) [e] Age and health of the accused; least thirty [30] years after which the convict f) [f] The weight of the evidence against the becomes eligible for pardon. It also carries with accused; it accessory penalties, namely: perpetual special g) [g] Probability of the accused appearing in trial; disqualification, etc. It is not the same as life h) [h] Forfeiture of other bonds; imprisonment which, for one thing, does not i) [i] The fact that accused was a fugitive from carry with it any accessory penalty, and for justice when arrested; and cralaw another, does not appear to have any definite j) [j] The pendency of other cases in which the extent or duration. accused is under bond.cralaw
When invoke? Can be waive? YES
A person when under detention even no formal The failure of the accused to appear at the trial without charges being filed may invoke the constitutional justification despite due notice to him or his bondsman right to post bail. shall be deemed an express waiver of his right to be present on the date specified in the notice. In such case, With respect to the speedy disposition of a case the trial may proceed in absentia it can be invoke anytime. (invoke by the respondent and the complainant) Even complaints file in the ombudzman or in any court Person illegally arrested: This right is violated: Has the right to bail o Capricious delays o Oppressive delays
Writ of Habeas corpus: INVOLUNTARY SERVITUDE
Slavery The writ of habeas corpus is an order issued by a competent court, directed to a person detaining another, commanding him to produce the body of the prisoner at Non-imprisonment of debt a designated time and place, to explain the time and No person shall be imprisoned for debt. cause of the caption and detention, and to follow what o In case of estafa because of deceit and the court or judge awarding the writ shall consider in abuse of confidence. behalf of the prisoner. The purpose of the issuance of the o Crime of fraud. writ is to inquire on the legality of the restraint or o Cases tainted with criminality. detention without necessarily ordering the release of the prisoner. Right against to Double Jeopardy Sec. 21 art. 3 The privilege of the writ of habeas corpus, on the other hand, is an order coming from the court to (immediately) No person shall be release the prisoner if the court finds that the detention is without legal cause or authority. Requisites: (rendered on the first jeopardy) 1. There must be a valid complaint or information When invoke? filed by a prosecutor before the court after preliminary investigation. When there is an excessive punishment 2. This complaint or information must be filed before a competent court (the court has a territorial jurisdiction over the case) When cannot? 3. To which the defendant or accused had pleaded (the accused is arraigned already) When the person in custody of a proper officer, 4. The defendant or accused was acquitted or under a process issued by a court which has convicted the case was dismissed or terminated jurisdiction to do so. without his express consent. a. Terminated without his express consent Remedy: - Not the accused filed a motion to Motion to quash the warrant dismissed
When invoke: When the accused is charged for the same Prohibited punishment: offense which was already filed and dismissed. Can move to quash the same information to Excessive fines invoke his right against double jeopardy.
Act violating law and ordinance
Right to Speedy Trial and Disposition of cases The conviction or acquittal on either shall bar the Speedy Trial Only invoke when the criminal case prosecution of filing the same case on another. is already on trial proper