Bail Under the Bill of Rights: Political Law and Public International Law

1. Constitutional Basis for Bail: The right to bail is enshrined in the 1987 Philippine Constitution, specifically under Article III, Section 13 of the Bill of Rights, which provides:

“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.”

This constitutional provision encapsulates the fundamental protection granted to persons accused of a crime, ensuring that they may not be unnecessarily detained before a conviction is reached. It aims to balance the State's interest in ensuring the presence of the accused at trial and the accused’s right to liberty while their guilt is still unproven.

2. Nature and Purpose of Bail:

Bail is a security given for the temporary release of an accused in custody, with the condition that they will appear before the court when required. It is intended to ensure the presence of the accused at the trial without the need to keep them in detention. It is not a means of avoiding accountability for the alleged crime, but rather a means to enjoy provisional liberty while the judicial process takes its course.

3. When Bail is a Matter of Right and When it is a Matter of Discretion:

As a matter of right: Bail is a matter of right before conviction in criminal cases where the offense charged is punishable by a penalty of not more than six years imprisonment. For offenses punishable by reclusion perpetua, life imprisonment, or death, bail is a matter of right only if the evidence of guilt is not strong. This is assessed in a bail hearing, where the prosecution has the burden of proving that the evidence against the accused is strong.
- Bail hearing requirement: In non-bailable offenses, the court must conduct a bail hearing even if the accused does not apply for bail. In this hearing, the court determines whether the evidence of guilt is strong to justify the continued detention of the accused. The right to bail in non-bailable cases hinges on this determination.
As a matter of discretion: Bail becomes a matter of discretion after conviction by the Regional Trial Court (RTC), but before the judgment becomes final, in cases where the penalty imposed is not death, reclusion perpetua, or life imprisonment. In these cases, the accused may still apply for bail while awaiting the final resolution of their appeal. The court has the discretion to grant or deny bail depending on the circumstances, such as the risk of flight.

4. Types of Bail:

There are several forms of bail that an accused may post to obtain provisional liberty:

Cash Bail: The full amount set by the court is deposited in cash.
Surety Bond: A bond issued by a surety or bonding company, which guarantees the appearance of the accused.
Property Bond: Real property, subject to conditions, may be posted as bail.
Recognizance: In cases where the accused cannot afford bail, they may be released on recognizance to a responsible person or an organization, usually when the offense is minor and the accused has strong community ties.

5. Factors Affecting the Amount of Bail:

The amount of bail is primarily determined by the court and should not be excessive, following the Constitutional mandate that excessive bail shall not be required. The determination of the amount depends on various factors:

The nature and circumstances of the offense;
The penalty for the offense charged;
The character and reputation of the accused;
The financial ability of the accused to post bail;
The probability of flight;
The strength of the evidence;
The accused’s ties to the community (e.g., family, employment);
The accused’s history of compliance with previous bail conditions.

6. Bail in Special Circumstances:

Bail for Persons in Custody Serving a Sentence: A convicted person who is already serving sentence cannot be granted bail, as the presumption of innocence no longer applies after conviction and sentencing by final judgment.
Bail in Habeas Corpus Cases: Even if the privilege of the writ of habeas corpus is suspended, the right to bail remains unaffected. The constitutional protection emphasizes that the right to bail is inextricably tied to an individual’s liberty and is safeguarded even during times of civil unrest.
Bail after Conviction: Bail may be applied for after conviction by the RTC when the accused appeals the decision, provided that the offense does not involve reclusion perpetua, life imprisonment, or death. The appellate court has the discretion to either grant or deny the bail application, weighing factors such as the risk of flight and the likelihood of the appeal being successful.

7. Procedures for Granting Bail:

The procedures for granting bail are governed by the Rules of Court, specifically Rule 114 (Bail), which outlines the following process:

The accused files a petition for bail.
The court conducts a bail hearing (especially in non-bailable offenses) to determine the strength of the evidence.
The prosecution has the burden of proving that the evidence of guilt is strong.
If the court finds that the evidence is strong, bail may be denied; otherwise, bail will be granted.
If granted, the court sets the amount and the conditions for the posting of bail.

8. Bail During Appeal:

Under Rule 114, Section 5 of the Rules of Court, an accused convicted by the RTC and sentenced to imprisonment of more than six years may be denied bail during appeal if any of the following circumstances are present:

The accused is a flight risk;
The accused committed the offense while out on bail;
The circumstances of the case indicate that the release of the accused would pose a danger to the community;
The accused willfully violated the conditions of bail.

The appellate court has the discretion to decide whether to grant bail during appeal based on these factors.

9. Public International Law:

The right to bail is also recognized under international law, particularly under the International Covenant on Civil and Political Rights (ICCPR), which the Philippines has ratified. Article 9(3) of the ICCPR provides:

"Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial."

This underscores that the right to bail is part of the right to liberty under international human rights norms and further solidifies the protection afforded by the domestic legal framework.

10. Denial and Revocation of Bail:

Bail can be denied or revoked when an accused:

Fails to appear in court when required, without sufficient reason;
Violates any of the conditions of their bail;
Is shown to be a flight risk or a danger to the community;
Is involved in a crime that demands preventive detention for the safety of the public or to ensure the integrity of the judicial process.

The court may also modify the bail terms or increase the bail amount if circumstances change, such as new evidence emerging that points to a stronger case against the accused.

Conclusion:

The right to bail is a fundamental component of the right to liberty in the Philippines. It seeks to balance individual freedoms with the need to ensure the administration of justice. While the right to bail is guaranteed, it is subject to specific legal safeguards and judicial discretion, particularly in cases involving serious offenses. The courts have a pivotal role in ensuring that bail procedures are adhered to fairly, in line with both constitutional and international standards.