No Bail After Final Judgment; Exception
Section 22. Cancellation of bail
Bail is cancelled:
1. Upon application of the bondsmen with due notice to the prosecutor, upon surrender of the accused or proof of his death;
2. Upon acquittal of the accused;
3. Upon dismissal of the case; or
4. Execution of judgment of conviction.
Without prejudice to any liability on the bail.
Section 23. Arrest of accused out on bail
The bondsmen who put the bail bond for the accused become the jailers and they or the police officer to whom authority is endorsed may arrest the accused for the purpose of surrendering him to the court. The accused cannot leave the country without the permission of the bondsmen and the court.
How Sureties May Be Relieved From Responsibility over The Accused:
1. Arrest the principal and deliver him to the proper authorities.
2. They may cause the arrest of the accused to be made by any police officer or other person of suitable age or discretion.
3. By endorsing the authority to arrest upon a certified copy of the undertaking and delivering it to such officer or person.
An accused released on bail may be re-arrested without the necessity of a warrant if he attempts to depart from the Philippines without permission of the court where the case is pending.
Hold Departure Orders
- Supreme Court Circular No. 39-97 dated June 19, 1997 limits the authority to issue hold departure orders to the RTCs in criminal cases within their exclusive jurisdiction. Consequently, MTC judges have no authority to issue hold-departure orders, following the maxim, express mention implies the exclusion. Neither does he have authority to cancel one which he issued.
Section 24. No bail after final judgment; exception
General Rule
- No bail shall be allowed after the judgment has become final, as what is left is for him to serve the sentence.
Exception
- When he has applied for probation before commencing to serve sentence, the penalty and the offense being within the purview of the Probation Law. The application for probation must be filed within the period of perfecting an appeal. Such filing operates as a waiver of the right to appeal.
Exception To The Exception
- The accused shall not be allowed to be released on bail after he has commenced serving his sentence.
Section 25. Court supervision of detainees
The court shall exercise supervision over all persons in custody for the purpose of eliminating unnecessary detention. The executive judges of the Regional Trial Courts shall conduct monthly personal inspections of provincial, city, and municipal jails and their prisoners within their respective jurisdictions. They shall ascertain the number of detainees, inquire on their proper accommodation and health and examine the condition of the jail facilities. They shall order the segregation of sexes and of minors from adults, ensure the observance of the right of detainees to confer privately with counsel, and strive to eliminate conditions inimical to the detainees.
In cities and municipalities to be specified by the Supreme Court, the municipal trial judges or municipal circuit trial judges shall conduct monthly personal inspections of the municipal jails in their respective municipalities and submit a report to the executive judge of the Regional Trial Court having jurisdiction therein.
A monthly report of such visitation shall be submitted by the executive judges to the Court Administrator which shall state the total number of detainees, the names of those held for more than thirty (30) days, the duration of detention, the crime charged, the status of the case, the cause for detention, and other pertinent information
Section 26. Bail is not a bar to objections on illegal arrest, lack of or irregular preliminary investigation
An Application For Admission To Bail Shall Not Bar The Accused From:
1. Challenging the validity of his arrest; or
2. The legality of the warrant issued, therefore; or
3. From assailing the regularity or questioning the absence of a preliminary investigation of the charge against him.
Provided that the accused raises them before entering his plea.
The court shall observe the matter as early as practicable, but not later than the start of the trial of the case.