BAIL ● While the cash bond may be posted by either the accused or by

04 ESTEBAN v. ALHAMBRA
September 7, 2004 | Sandoval-Gutierrez, J. |
Doctrine: Cash Bail is treated differently from other bail bonds.
While the cash bond may be posted by either the accused or by any person
in his behalf, the money is regarded as the money of the accused; it is
treated as the property of the accused.
It can thus be applied in payment of any fine and costs that may be
imposed by the court.
Facts:
● Gerardo Esteban is the accused in four criminal cases. In each
criminal case, his sister-in-law Anita Esteban (Petitioner) posted
cash bail of Php 20,000 for his temporary liberty
● However, while out on bail, Gerardo was again charged with
another crime for which he was arrested and detained.
● For this, Anita refused to post another bail; she instead filed an
application for the cancellation of the cash bonds she posted in
the four cases.
● She alleged that she is terminating the cash bail by surrendering
the accused who is in jail as certified by the City Jail Warden.
● The Trial Court denied her application as well as her MR.
any person in his behalf, the money is regarded as the money of
the accused; it is treated as the property of the accused.
● It can thus be applied in payment of any fine and costs that may
be imposed by the court.
● Esler v Ledesma: when a cash bail is allowed, the two parties to
the transaction are the State and the defendant. Unlike other bail
bonds, the money may then be used in the payment of that in
which the State is concerned the fine and costs. The right of the
government is in the nature of a lien on the money deposited.
●
Dispositive
WHEREFORE, the present petition is DISMISSED.
SO ORDERED.
Notes

Issue:
W/N by surrendering Gerardo, her application for cancellation of bail is
allowed under Rule 114, sec. 22.

Held:
NO, she did not surrender Gerardo, he was arrested
● Sec 22 contemplates a situation wherein the surety or bondsman
surrenders the accused to the court and thereafter, upon
application by the surety, the court cancels the bail bond
● In this case, Anita did not surrender Gerardo, he was arrested and
detained since he was charged in a subsequent criminal case.
● As to the bail bond posted, it was in the form of a Cash Deposit
● Under Rule 114, it is mandated that the cash deposited shall be
applied to the payment of fines and costs, and the excess shall be
returned to either the accused or to the person who made the
deposit.
● Cash Bail is treated differently from other bail bonds.