How to Post Bail for your Temporary Liberty?

Getting out of Jail after an arrest? What you need to know about bail - what it is, how it's set
and how to pay it?
Often, a person's first thought upon landing in jail is how to get out -- and fast. The usual way to
do this to "post bail." Bail is cash or a cash equivalent that an arrested person gives to a court to
ensure that he will appear in court when ordered to do so. If the accused doesn't show up or
what we call jumps bail in legal terms, the court keeps the bail and issues a warrant for the arrest
of the accused.

Bail can take any of the following forms:

1. Cash or check for the full amount of the bail

2. Property worth the full amount of the bail
3. A surety bond (that is, a guaranteed payment of the full bail amount)
4. A waiver of payment on the condition that the accused appear in court at the required
time (commonly called "release on one's own recognizance").
How Bail is set?
Public Prosecutors are responsible for setting bail. Because many people want to get out of jail
immediately (depending on when or where you are arrested) it can take a day or two before you
see a judge to approve your Bail and issue and Order of Release. The Department of Justice
(www.doj.gov.ph) set standard bail schedules which specify bail amounts for all bailable crimes
and offenses and you can see the 2018 Bailbond Guide HERE (Please click to findout more). An
arrested person can get out of jail quickly by paying the amount set forth in the bail schedule.
Unless the charged is punishable by death or life imprisonment and the evidence of guilt is
strong, the 1987 Constitution requires that every person charged for a crime or offense has the
right to post bail which should not be excessive. This means that bail should not be used to raise
money for the government or to punish a person for being suspected of committing a crime.
Remember: The purpose of bail is to give an arrested person her freedom until that person is
convicted for the crime, and the amount of bail must be not more than what is reasonably
necessary to keep the person of the accused from fleeing before a case is over.

If a person can't afford the amount of bail on the bail schedule, he or she can ask a judge to lower
it by filing a Motion to Reduce Bail Bond. The accused can also file a Petition for Bail on the
ground that the evidence against him is not strong, even if the person/accused is facing a non-
bailable offense such as Drug cases, Murder, Rape, and other henious crimes.

Paying Bail
You can pay the full amount of the bail in Cash. If you are acquitted, you can withdraw the Bail
that you posted. You can also buy a surety bond or post your property to pay for your bail.

Bail bond is like a check held in reserve: it represents the person's promise that he or she will
appear in court when required to. The bail bond is purchased by payment of a non-refundable
premium (usually about 15% - 35% of the face amount of the bond). The Bail Bond can only be
posted by a bonding company for criminal cases duly accredited by the Supreme Court. You can
see the list of accredited bonding companies for criminal case HERE. Please click to findout more.
A bail bond may sound like a good deal, but buying a surety bond may cost more in the long run.
This is so because you have to renew the surety bond upon its expiration otherwise, upon motion
of the prosecution, a warrant of arrest will be issued for failure to renew the surety bond. If the
full amount of the bail is paid, it will be refunded (less a small administrative fee) when the case
is over and all required appearances have been made. On the other hand, the 15%-35 premium is
nonrefundable. In addition, the bond seller may require "collateral." This means that the person
who pays for the bail bond must also give the bond seller a financial interest in some of the
person's valuable property. The bond seller can cash in on this interest if the suspect fails to
appear in court.

Other documents Required

There also other documents required to be submitted to the Court so your bail application will
be approved. These are:

(1) usual mug shots (Left, Right, Front);

(2) Original copy of the Barangay Residence/Certificate with Barangay Seal stating that you are a
bonafide resident of the Barangay for x number of years;

(3) Sketch of your house or a Map and this will be signed by the Barangay Captain with the
Barangay Seal (This is required so you can easily be located if you do not appear in Court when
required);

(4) Other Court and Prosecution Clearances stating that you are not being detained of the any
other crime/s;

(5) Undertaking to Appear when required by the Court; and

(6) Waiver of Appearance (This is actually stating that you are waiving your appearance to
appear in Court hearings, unless your appearance is required by the Court such as during
Arraignment, Pre-Trial and Promulgation of Judgment. As per experience, the Barangay
Residence Certifications requirement is very difficult for foreigners to produce and who are
arrested while visiting Philippines.

Getting Out of Jail Free

In certain cases, people are released "on their own Recognizance" or to a refutable person in the
community. The accused released on Recognizance must simply sign a promise to show up in
court. He doesn't have to post bail. The accused commonly requests release on his own
recognizance at his first court appearance. If the judge denies the request, he may then ask for a
reduced bail. In general, accused who are released on Recognizance have strong ties to a
community, making them unlikely to flee.

Under Revised Rules on Criminal Procedure, the accused may ask the Court to be Release on
Recognizance (1) if he has stayed in Jail for period equal to or more than the possible maximum
imprisonment of the offense charged to which he may be sentenced; or (2) person has already
stayed in jail for a period equal to or more than the minimum of the principal penalty prescribed
for the offense charged.
Who can process the papers to apply for bail?

The relative of the accused or the counsel of the accused may do so. Any person can also
process the posting of a bond. To avoid delays, please make sure that you have the following
documents or papers with you (just in case needed):

1. Authorization letter signed by the accused himself

2. Make sure to photocopy an ID of the accused; and
3. ID of the person who wants to process the papers.
The authorization letter must be something of this format:

Date

To Whom It May Concern;

I hereby authorized Mr./Ms. (name of the person tasked to process the papers) to process my papers
and transact in my behalf for the purpose of (state the purpose. A general statement is acceptable to
some establishments).

Signed,
(signature of the accused here)
Complete Name of Accused
Where to get the requirements for posting of a bond?

Normally, the requirements are given by the assigned personnel in the Office of the Clerk of
Court. So, proceed directly to the Office of the Clerk of Court and ask for a list.

What are the requirements for posting a bond?

The following are the requirements for posting of cash bond. Make sure to comply all of
these (updated as of March 21, 2017):
1. Certified true copy of the Information
2. Barangay Certification with Seal
Purpose to indicate in the certification: For Cash Bond/Bail Bond
3. Picture of the accused: 12 pieces with name and case number
4. Certificate of Detention
5. Waiver of Appearance
6. ID and Cedula (Community Tax Certificate) of the respondent/accused
7. House sketch with Seal
Take Note:

After complying all of the above’s requirements, you may then proceed to the Office of the
Clerk of Court to submit all the necessary documents. Ready the amount of the cash/bail
bond required. The amount of the bond depends on what kind of case the accused is charged
with.

For example, in Las Pinas Regional Trial Court, the Court will require you to post a bond of
250,000Php if the accused is indicted for violation of Section 11, Art. II of Republic Act No.
9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. The amount of
the bond also depends on the gravity of the offense the accused is being held liable for.

In drugs cases, Section 11 of R.A. 9165 is bailable when the amount of the seized illegal drugs
is less than 5 grams. If it is more than 5 grams, it “may/might” still be bailable but there must
be a summary hearing first to determine whether the evidence of guilt of the accused is NOT
strong.
Section 5 of R.A. 9165 involves selling of illegal drugs and it requires summary hearing as
well. Long story short, no bail is recommended in selling illegal drugs under Section 5,
Article II of RA 9165 because it is a capital offense. The counsel of the accused has to file a
Petition for Bail and it shall be heard by the court (there will be hearings scheduled for the
purpose). After which, the Court will decide on granting or denying the Petition. You can
always ask your lawyer about this.
What To Expect After All the Requirements Are Filed and Submitted

It will take time. By time, I mean days and weeks. After the submission of all the
requirements to the Office of the Clerk of Court, everything will then be forwarded to the
court where the case is raffled. (Yes, the term is raffled because all cases are raffled to
different courts to make sure no court has a dominion over a case it prefers to handle. This is
also to maintain the integrity of the courts.)

The court through its personnel will then add the case in the calendar and schedule it for a
hearing. Take note that cases are heard “usually” from Mondays to Thursdays. Fridays are
motion days. To know the schedule of the hearing, you may call the Court itself and ask for
the schedule. Otherwise, you can visit the office of the branch clerk and ask for the schedule.
 The Order

At the end of these processes on the Petition for Bail, what you will need is the “Order”which
grants the bail. If the “Order” on the Petition for Bail says the prayer to bail/seek temporary
liberty is granted, the accused or respondent is ordered to pay an amount. When this has
been complied with, the court will then give you the “Release Order”directing the jail
warden to release the accused.
The other scenario is when the Petition for Bail is denied. When it is denied, then the
accused/respondent must stay on the penal establishment during the duration of his trial
until there is a final judgment of the case releasing the accused. Trials in the Philippines
“usually” range from 3-10 or more years. It depends largely on the volume of the case a court
is handling, the judge handling the case, the counsel of the accused and the prosecutor’s
availability.

What are the documents needed for posting bail?

Prior to posting bail, the Court will require documents from the accused or surety bond
representative. The following are the documents to be submitted:
1. Pictures of the accused (Front, Left and Right Sides) 2×2, 4 sets;
2. Affidavit of Voluntary Surrender;
When the accused was not apprehended upon issuance of the warrant of arrest, he may
voluntarily surrender before the court where the case is filed and file an Affidavit of
Voluntary Surrender.

3. Certificate of Detention;

The accused must secure a copy of Certificate of Detention from the Jail/Penitentiary where
he/she is currently incarcerated.

4. Affidavit of Undertaking and Waiver (Notarized);

The Affidavit of Undertaking is subscribed and sworn to by the accused which states that
he/she binds himself to appear and be present at all stages of trial when duly notified.
His/her failure to appear is a waiver of his rights to be present during trial and that trial in
absentia may proceed against him.

5. Clearance with Sketch of Accused’s Residence

The accused must likewise secure a Brgy. Clearance with certification that he is a bona fide
resident of the area. The sketch of his actual residence/address must be attached thereto.

6. Personal Data Sheet;

The Personal Data Sheet is a form filled out by the accused with demographic information.

7. Finger Prints of the Accused