sic itur ad astra

Section 13.  All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law.  The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required   Meaning of bail. Bail is the security required by a court and given for the  provisional or temporary release of a person who is in the custody  of the law , for the commission of an offense, furnished by him or  a bondsman, to guarantee his appearance before any court as  required under the conditions specified. (see Rules of Court, Rule  114, Sec. 1.) It is a mode short of confinement which would, with reasonable  certainty, insure the attendance of the accused for the subsequent  trial. When is a person considered to be in the custody of the ...

                       Rule 114: Bail  |     Criminal Procedure Facts: Manolet Lavides  was arrested without a warrant based on reports of his activities involving a minor. He was charged with a violation of RA 7610 (child abuse). Lavides filed a motion claiming that his warrantless arrest was illegal and requested to be allowed to post bail as a matter of right. The trial court granted Lavides' motion and allowed him to post bail under certain conditions, including mandatory appearance during trial and the forfeiture of bail if he fails to appear. Lavides then filed a motion to quash the charges and requested the suspension of his arraignment, but the court denied these motions. He was subsequently arraigned and pleaded not guilty to the charges, and the court ordered his release upon posting bail bonds totaling P800,000.00, subject to the conditions set forth in the court's order. Lavides filed a...

                      Rule 114: Bail  |     Criminal Procedure Facts: Manolet Lavides was arrested without a warrant based on reports of his activities involving a minor. He was charged with a violation of RA 7610 (child abuse). Lavides filed a motion claiming that his warrantless arrest was illegal and requested to be allowed to post bail as a matter of right. The trial court granted Lavides' motion and allowed him to post bail under certain conditions, including mandatory appearance during trial and the forfeiture of bail if he fails to appear. Lavides then filed a motion to quash the charges and requested the suspension of his arraignment, but the court denied these motions. He was subsequently arraigned and pleaded not guilty to the charges, and the court ordered his release upon posting bail bonds totaling P800,000.00, subject to the conditions set forth in the court's order. Lavides filed a petiti...

                     Rule 114: Bail  |     Criminal Procedure Facts: Jose Antonio Leviste was convicted by the Regional Trial Court of Makati City for the crime of homicide in the murder case of Rafael de las Alas . He was sentenced to a prison term of six years and one day to twelve years and one day. Leviste appealed his conviction to the Court of Appeals and requested bail pending appeal, citing his advanced age and health condition as well as claiming that he posed no flight risk. However, the Court of Appeals denied his application for bail, stating that bail should only be granted during the appeal process for strong reasons and exercised with caution. The court found that Leviste had failed to prove that his health would be permanently impaired or his life endangered by continued confinement, as he could still seek medical attention within the prison facility. The court also made a preliminary evaluat...

                    Rule 114: Bail  |     Criminal Procedure Facts: This is a Petition for Certiorari seeking to nullify two orders issued by the Regional Trial Court (RTC) in Manila. The first order allowed the private respondent, Juan Antonio Muñoz , to post bail, and the second order denied the motion to vacate the first order. The petitioner  Government of Hong Kong Special Administrative Region , represented by the Philippine Department of Justice (DOJ)  argues that both orders were issued with grave abuse of discretion because there is no constitutional provision granting bail to a potential extraditee. On January 30, 1995, the Philippines and Hong Kong signed an agreement for the surrender of accused and convicted persons.  In 1997, Hong Kong became the Hong Kong Special Administrative Region under the People's Republic of China. Private respondent Muñoz was charged in Hong Kong with se...

                   Rule 114: Bail  |     Criminal Procedure Facts: The United States Government sent a request for the extradition of Mark B. Jimenez to the Philippine Government, based on the RP-US Extradition Treaty.  Jimenez obtained a Temporary Restraining Order (TRO) from the RTC of Manila, preventing the Department of Justice (DOJ) from filing a petition for his extradition.  The TRO was challenged by the Secretary of Justice in a petition before the Supreme Court. Initially, the Court dismissed the petition but later reversed its decision. With no legal obstacles, the Philippine DOJ filed the appropriate Petition for Extradition with the RTC.  J imenez filed an urgent motion requesting a hearing for the application of an arrest warrant. The RTC granted the motion and scheduled a hearing. The RTC issued an order for Jimenez's arrest and set bail at one million pesos in cash. Jimenez surrende...