Right to Bail or Recognizance

8/13/2019 Right to Bail or Recognizance

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- RIGHT TO BAIL OR

RECOGNIZANCE -----

People v. Nitcha

murder; claim that arrest was illegal for want of preliminary investigation Act of posting a

bail bond,

apart from the fact that he entered a plea of not guilty, is tantamount to foregoing the right to

question the assumed irregularity; Bail is a matter of right when the offense charged is

punishable by any penalty lower than reclusion perpetua (absolute); Bail is a matter of

discretion when the offense charged is punishable by reclusion perpetua; If accused ins

convicted by the crime (reclusion perpetua), bail is neither a matter of right nor a matter of

discretion. Bail must not be granted.

Cardines v. Rosete

illegal recruitment life imprisonment (special laws), reclusion perpetua (RPC), same

standing with regard to bail under the new rule, life imprisonment (not granted as a matter

of right when evidence of guilt is strong.

People v. Sandiganbayan (Special Division)

Jinggoy Estrada; not a flight risk

Even if the capital offense charged is bailable owing to the weaknesses of the evidence of

guilt, the right to bail can justifiably still be denied if the probability of escape is great; A grant

of bail does not

prevent the trier of facts from making a final assessment of the evidence after full trial on the

merits. A grant of bail is predicated only on its preliminary appreciation of the evidence

adduced in the bail hearing to determine whether the deprivation of the right to bail is

warranted.

Government of Hong Kong v. Olalia

extradition; right to bail If bail can be granted in deportation cases,, the Court sees no

justification why it should not also be ed in extradition cases clearly the right of a


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prospective extraditee to apply for bail must be viewed in light of the various treaty

obligations of the Philippines concerning respect for the promotion and protection of human

rights.

Rodriguez v. Presiding Judge, RTC Manila Br. 17

when can the right to bail in extradition be available - Bail may be granted to a possible

extraditee only upon a clear and convincing showing: 1) that he will not be a flight risk or a

danger to the community and; 2) that there exist special, humanitarian and compelling

circumstances.

----- WAIVER OF RIGHT -----

People v. Donato

rebellion is a bailable offense; bail as a matter of right Right to bail shall not be impaired

even when the privilege of the writ of habeas corpus is suspended; Prosecution does not

have the right to present evidence for the denial of bail in the instances where bail is a matter

of right, such is required only bail is discretionary;

Waiverof the right

1) the right exists;

2) voluntary relinquishment;

Right to bail may be waived.

----- EXCESSIVE BAIL -----

de la Camara v. Enage

excessive bail Where the right to bail exists, is should not be rendered nugatory by

requiring a sum

that is so excessive;

Guidelines in fixing the bail:

1) ability of the accused to give bail;


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2) nature of the offense;

3) penalty for the offense charged;

4) character and reputation of the accused;

5) health of the accused;

6) character and strength of evidence;

7) probability of the accused appearing in trial;

8) forfeiture of other bonds;

9) whether the accused was a fugitive from justice when arrested;

10) if the accused is under bond for appearance at trial in other cases.

IGHTS OF AN ACCUSED UNDER

CUSTODIAL INVESTIGATION

Details

Category:Constitutional Law

Article 3, SECTION 12, Philippines Constitution(RIGHTS UNDER CUSTODIAL

INVESTIGATION)

----- RIGHTS UNDER SECTION

12: ORIGINS AND RATIONALE-----

1. Magtoto v. Manguera

murder; admissibility of confession A confession obtained from a person under

investigation for the commission of an offense, who has not been informed of his right to

silence and right to counsel is INADMISSIBLE as evidence; Miranda and Escobedo

----- WHEN THE RIGHTS

BECOME AVAILABLE -----
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2. People v. Taylaran

accidental killing

Right to silence and to counsel NOT applicable where no written confession was to be

presented in evidence as a result of a formal custodial investigation

3. Galman v. Pamaran

assassination of Ninoy; Agrava Commission The fact that the framers of the Constitution

did not use the word custodial investigation shows that it did not entirely adopt the Miranda

Doctrine; The accused are also entitled to be admonished of their constitutional right to

remain silent, to counsel and be informed that any or all statements given by them may be

used against them; This also applies in other cases, not just those criminal in nature

4. People v. Ayson

irregularity in the sale of plane tickets Right against self incrimination is accorded to

every person

who gives evidence, whether voluntarily or under compulsion of subpoena in any

proceeding. The right is NOT to be compelled to be a witness against himself and NOT a

prohibition of inquiry; The right can only be claimed when the specific question, incriminatory

in character, is actually put to the witness; It does not give the right to refuse a subpoena.

This right must be claimed, it is not automatically operational | Miranda rights | Custodialinvestigation questioning initiated by law enforcement officers after a person has been

taken away into custody or otherwise deprived of his freedom of action in any

way; A defendant on a trial or preliminary investigation is NOT under custodial investigation;

Accused

RIGHTS: BEFORE THE CASE IS

FILED IN COURT(or with public prosecutorfor preliminaryinvestigation;takeninto custody)

a. right to remainsilent

b. right to counsel


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- estafa thru falsification When the waiver of the right to remain silent and assistance by

counsel was not made in the presence of counsel, the defect was cured when the lawyer

arrived at the closing stage of the interrogation, read the statement and talked to the

accused before the latter signed it.

8. People v. De Jesus

robbery with homicide Right to counsel attaches upon the start of the investigation;

Custodial investigation is the stage where the police investigation is no longer a general

inquiry into an unsolved crime but has began to focus on the particular suspect who had

been taken into custody; questions initiated when a person is taken into custody and

deprived of his freedom of action

9. People v. Lucero

extrajudicial confession; lawyer was away when accused gave his uncounselled

confession - doctrine same as above

----- RIGHT TO BE INFORMED

-----

10. People v. Pinlac

robbery The constitutional right of the accused to be informed of his rights to remain

silent and to counsel contemplates the transmission of meaningful information and not just a

mere ceremonial and perfunctory recitation of an abstract constitutional principle. Police

officer is duty bound not just to recite

the rights; he must explain it as well; Waiver MUST BE MADE in the presence of counsel

----- WAIVER -----11. People v. Rous

robbery with homicide

A confession is admissible until the accused successfully proves that it was given as a


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result of violence, intimidation, threat or promise of reward of leniency; Presumption that a

confession was made

deliberately and knowingly.

BAIL AS A MATTER OF RIGHT

To refuse him bail is to treat him as a person whohas committed the most serious crime known to law. US vs.Go-Sioco[1

The ri!hts protected b" the bill of ri!hts are referredto as those fundamental ri!hts that inhere in the !reat and

essential principle of libert" and free !overnment. [#$o lessthan the %onstitution cherishes and protects ever" ri!ht ofan individual which& amon! others& includes the ri!ht to bail.

The ri!ht to bail is a fundamental ri!ht of an accused& whichcannot be withhold or divested b" an" 'udicial officer& who!rants the same& without an" le!al basis.

(lthou!h& nothin! in the constitutional provisions&

with respect to ri!ht to bail& is va!ue as to call for an" le!alinterpretation or construction& nevertheless& an in depthanal"sis must be made to shed li!ht on when is bail a matterof ri!ht or discretion.

( ri!ht is a le!all" enforceable claim[)or the poweror privile!e !iven to one person and as a rule demandable ofanother.[*+owever& ri!hts ma" be waived& unless the waiver

is contrar" to law& public order& public polic"& morals& !oodcustoms& or pre'udicial to a third person with a ri!htreco!ni,ed b" law.[The ri!ht to bail is a constitutional ri!htwhich can be waived. t is a ri!ht which is personal to theaccused and whose waiver must not be contrar" to law&public order& public polic"& morals& !ood customs& orpre'udicial to a third person with a ri!ht reco!ni,ed b" law. [/
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0ail is the securit" !iven for the release of a personin custod" of law& furnished b" him or b" a bondsman& to!uarantee his appearance before an" court. [The purpose of

bail is to relieve an accused from imprisonment until hisconviction and "et secure his appearance at the trial.[2Theri!ht to bail is reco!ni,ed under Section 1) (rticle of the132 4hilippine %onstitution and 5ule 11* of the 5evised5ules on %riminal 4rocedure& promul!ated b" the Supreme%ourt b" virtue of their rule-makin! power under Section 67 (rticle 8 of the %onstitution.

(s provided for b" the fundamental law of the land&all persons char!ed with an offense shall& before conviction&be entitled to bail as a matter of ri!ht.[3t admits ane9ception& when a person is char!ed with an offensepunishable b" reclusion perpetuaand when evidence of !uiltis stron!& the ri!ht to bail shall be denied. The !rant ordenial of an application for bail is dependent on whether theevidence of !uilt is stron! which the lower court shoulddetermine in a hearin! called for the purpose.[1:

%orollar" with such ri!ht& it ma" not be impairedeven when the privile!e of the writ of habeas corpusissuspended. t must be noted that the 4resident& in case ofinvasion or rebellion& when public safet" re;uires it& ma"&suspend the privile!e of the writ of habeas corpusor placethe entire 4hilippines or an" part thereof under martial law.[11The suspension of the privile!e of the writ or the

declaration of martial law does not suspend the operation ofthe %onstitution& nor supplant the functionin! of the civilcourts.[1#Thus& the ri!ht to bail bein! a constitutional ri!htwhich is onl" available in civil courts can be invoked& even intimes of political unrest caused b" invasion or rebellion.
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The accused& likewise& en'o"s the ri!ht a!ainst theimposition of e9cessive bail.[1)


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char!ed with a capital offense or an offense punishable b"death& reclusion perpetua& or life imprisonment and whenevidence of !uilt is stron!& bail shall be denied& as it is not amatter of ri!ht or discretion.[13t onl" becomes a matter of

discretion when the evidence of !uilt is not stron!.

The ri!ht to bail is a manifestation that the stateallows an accused& no matter how evil his appearance ma"be& to en'o" his libert" and the ri!ht a!ainst restraint frommovement& althou!h provisional in character.
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