When bail is a right, and when it is not
Bail is a matter of right before conviction for all offenses not punishable by reclusion perpetua, life imprisonment, or death — and even for those graver offenses when the evidence of guilt is not strong. For a capital or equivalently punished offense, bail is discretionary and is granted only after a bail hearing where the court determines whether the evidence of guilt is strong. Read our guide to bail for the full picture.
The forms of bail
Bail may be posted as a corporate surety bond, a property bond, a cash deposit, or on recognizance — release to the custody of a responsible person, available to qualified indigent accused under the Recognizance Act. The court also has power to reduce an amount that is excessive, because bail is meant to secure your appearance, not to punish before trial.
How the amount is set
Judges are guided by a bail bond schedule but weigh the specific case: the penalty for the offense, the weight of the evidence, your character and financial ability, and your risk of flight. Bail that is excessive is unconstitutional, and a motion to fix or reduce it can be brought where the amount is beyond your means. From the moment of arrest, remember your rights and ask for counsel before saying anything.
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Frequently asked
Is bail a matter of right in the Philippines?
In most cases, yes. Bail is a matter of right before conviction for offenses not punishable by reclusion perpetua, life imprisonment, or death. For those graver offenses it is discretionary and is granted only if, after a bail hearing, the court finds that the evidence of guilt is not strong.
How much is bail?
It depends on the offense and the judge's assessment. Courts use a bail bond schedule as a guide but consider the penalty, the strength of the evidence, your ability to pay, and your flight risk. Bail that is excessive is unconstitutional, and you can move to have an unaffordable amount reduced.
What are the forms of bail?
Bail can be posted through a corporate surety bond, a property bond, a cash deposit with the court, or on recognizance, which is release to a responsible custodian. Recognizance is available to qualified indigent accused under the Recognizance Act.
Can bail be denied for serious offenses?
Yes. For offenses punishable by reclusion perpetua, life imprisonment, or death, bail may be denied when the prosecution shows at a bail hearing that the evidence of guilt is strong. If the evidence is not strong, bail must still be allowed even for those offenses.
What if I cannot afford bail?
You can ask the court to reduce an excessive amount, since bail may not be used as punishment. Qualified indigent accused may also seek release on recognizance to the custody of a responsible person instead of posting a monetary bond. Counsel can bring the appropriate motion promptly.