Dear Attorney,

I would like to seek your legal advice regarding our ongoing case. We have filed charges against an individual for acts of public scandal, threats, and possession of a firearm found in his residence. The accused has been in jail for 10 days as we await the hearing, but we have received information that he is planning to post bail to secure his release. Given this situation, what legal steps can we take to ensure justice is served, and what should we expect in terms of the bail process?

Thank you for your guidance.

Sincerely,
Concerned Citizen

Answer:

In the Philippines, the right to bail is enshrined in the Constitution, allowing the accused to remain free while their case is pending, except for those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong. Since the charges you mentioned, such as public scandal and threats, typically do not fall under these exceptions, the accused is likely eligible for bail.

Here’s what you can expect and what you can do:

Bail Hearing: If the accused decides to post bail, a bail hearing will be conducted where the judge will determine the amount and conditions of the bail. The judge's decision will consider the nature of the offense, the evidence presented, the accused's ties to the community, and the risk of flight.
Opposing Bail: Although the right to bail is generally granted, you and your legal counsel can oppose the granting of bail by presenting evidence that the accused poses a significant risk to public safety, especially considering the discovery of a firearm. Your counsel can argue that the accused may commit further crimes if released on bail.
Monitoring Conditions: If bail is granted, you may request the court to impose strict conditions on the accused’s release, such as regular check-ins with authorities, prohibitions on contacting you or other witnesses, or restrictions on travel. These conditions aim to minimize the risk of further harm or intimidation.
Future Proceedings: Even if the accused is released on bail, the case will proceed as scheduled. Continue to prepare for the hearing with your legal team, ensuring all evidence and witness testimonies are ready.

It is crucial to work closely with your attorney throughout this process to protect your rights and interests. Ensure that any violations of bail conditions by the accused are promptly reported to the court, as this can lead to the revocation of bail and the re-arrest of the accused.

By understanding the legal framework surrounding bail and your rights as a complainant, you can better navigate this challenging situation and ensure that justice is pursued effectively.