On
Bail defined

Section 1. Bail defined. — Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance.

BAIL - It is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of a corporate surety, property bond, cash deposit or recognizance.

PURPOSES OF A BAIL:
1. to honor the presumption of innocence until his guilt is proven beyond reasonable doubt
2. to enable him to prepare his defense without being subject to punishment prior to conviction.

FORMS OF BAIL:
1. corporate surety
2. property bond
3. cash deposit
4. recognizance

Bail Bond vs. Recognizance
   
Bail Bond - An obligation under seal given by the accused with one or more sureties and made payable to the proper officer with the condition to be void upon performance by the accused of such acts as he may legally be require to perform.

Recognizance - An obligation of record, entered into before some court or magistrate duly authorized to take it with the condition to do some particular act.

NOTE: A person is in the custody of law when he has been arrested or otherwise deprived of his freedom or when he has voluntarily submitted himself to the jurisdiction of the court by surrendering to the proper authorities.

All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong shall, before conviction, be bailable.

Prosecution Witnesses May Also Be Required To Post Bail To Ensure Their Appearance At The Trial Of The Case Where:
a. There is a substitution of information (Sec. 4, Rule 110)
b. Where the court believes that a material witness may not appear at the trial. (Sec. 14, Rule 119)

Upon assumption of the obligation of bail, the sureties become in law the jailers their principal.

As bail is intended to obtain or secure one’s provisional liberty, the same cannot be posted before custody over him has been acquired by the court.

Requiring Arraignment Before Grant Of Bail Is Not Valid Because:
a. The trial court could ensure the presence of the accuse at the arraignment precisely by granting bail and ordering his presence at any stage of the proceedings such as arraignment (Sec. 2[b], Rule 114);
b. The accused will be placed in a position where has to choose between filing a motion to quash and thus delay his release on bail and foregoing the filing of a motion to quash so that he can be arraigned at once and thereafter be released on bail. (Lavides v. Court of Appeals, 324 SCRA 321)

Bar Exam Question(1999)

Bail; Forms of Bail (1999)

In what forms may bail be given? 

Suggested Answer:

Bail may be given by a corporate surety, or through a property bond, cash deposit or recognizance.