Notes in Rule 114

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Status	Last Update	Fields
Published	03/13/2025	What is bail?
Published	03/13/2025	What are the forms of bail?
Published	03/13/2025	What is a Corporate Surety Bond
Published	03/13/2025	What is a property bond?
Published	03/13/2025	What is a cash deposit?
Published	03/13/2025	What is recognizance?
Published	03/13/2025	What is the function of bail?
Published	03/13/2025	Why is bail consistent with justice and equity?
Published	03/13/2025	When can bail be denied in capital offenses?
Published	03/13/2025	When does the right to bail arise?
Published	03/13/2025	What is the basis of the right to bail?
Published	03/13/2025	Can the right to bail be waived?
Published	03/13/2025	What two rights are involved in a bail application?
Published	03/13/2025	Why is a hearing necessary in a bail application?
Published	03/13/2025	Is the right to bail available in the military?
Published	03/13/2025	What is emphasized in the military instead of the right to bail?
Published	03/13/2025	Does the denial of bail to military personnel violate the equal protection clause?
Published	03/13/2025	Who can avail of the right to bail?
Published	03/13/2025	Can bail be posted before a person is in custody?
Published	03/13/2025	What happens if a judge grants bail while the accused is still at large?
Published	03/13/2025	Can a person at large file a motion to quash a warrant of arrest and fix bail?
Published	03/13/2025	What was the ruling in the estafa case regarding the omnibus motion to quash the warrant of arrest and fix bail?
Published	03/13/2025	When is a person considered to be in the custody of the law?
Published	03/13/2025	What is constructive custody in the context of bail?
Published	03/13/2025	When does a bail undertaking take effect and how long does it remain in force?
Published	03/13/2025	What is the accused’s obligation under the bail conditions?
Published	03/13/2025	What happens if the accused fails to appear at trial without justification?
Published	03/13/2025	What is the bondsman’s duty after a final judgment?
Published	03/13/2025	What information must be included in the original bail papers?
Published	03/13/2025	What happens to bail if the case was originally filed in the MTC and appealed to the RTC?
Published	03/13/2025	What happens to bail if the case was originally filed in the RTC?
Published	03/13/2025	Can an accused use the same bail bond after RTC promulgation of judgment?
Published	03/13/2025	What happens if the accused is convicted by the RTC for an offense not punishable by death, reclusion perpetua, or life imprisonment and is already on…
Published	03/13/2025	What does the constitutional provision on trial in absentia allow?
Published	03/13/2025	What are the stages where the accused's presence is required and cannot be waived? (APTIS)
Published	03/13/2025	What is the exception to the presence requirement at promulgation of sentence?
Published	03/13/2025	Can the court require the accused to be present at all hearings as a condition for bail?
Published	03/13/2025	Can the court impose conditions requiring the accused to be available at all times?
Published	03/13/2025	Can an accused on bail leave the country without court permission?
Published	03/13/2025	Can an accused on bail be re-arrested if they attempt to leave without court permission?
Published	03/13/2025	Can the RTC order the DFA to cancel an accused’s passport or deny its issuance?
Published	03/13/2025	Can the Sandiganbayan issue a Hold Departure Order (HDO) against an accused?
Published	03/13/2025	Does an accused on bail have an unrestricted right to travel?
Published	03/13/2025	What is the obligation of the accused when bail is granted? What happens if there is failure to appear?
Published	03/13/2025	What does the Constitution say about proceeding with trial despite the accused’s absence?
Published	03/13/2025	What happens if the accused jumps bail?
Published	03/13/2025	Is it valid for the court to require arraignment before granting bail?
Published	03/13/2025	Why is it invalid to require arraignment before approving bail?
Published	03/13/2025	What is the duty of the judge before approving a bail bond?
Published	03/13/2025	What is the effect of submitting a fake bail bond?
Published	03/13/2025	What happens if the accused benefits from an irregular or fake bail bond?
Published	03/13/2025	What is the main rule regarding the release or transfer of a person under detention?
Published	03/13/2025	What are the exceptions to this prohibition on the release or transfer of a detained person?
Published	03/13/2025	Does the court retain power over an accused who is out on bail?
Published	03/13/2025	When can a national prisoner be transferred to the Bureau of Corrections (BuCor)?
Published	03/13/2025	What is the rule under [1992] Circular No. 4-92-A regarding the transfer of prisoners?
Published	03/13/2025	When can an accused be released on bail?
Published	03/13/2025	When is bail a matter of right before or after conviction?
Published	03/13/2025	What are the two ways a person may be released under bail as a matter of right?
Published	03/13/2025	When is bail NOT a matter of right?
Published	03/13/2025	Does the suspension of the writ of habeas corpus affect the right to bail?
Published	03/13/2025	What is prohibited under the constitutional provision on bail?
Published	03/13/2025	When is an accused entitled to bail as a matter of right in RTC cases?
Published	03/13/2025	When is an accused absolutely entitled to bail?
Published	03/13/2025	What must the court do upon proper application for bail?
Published	03/13/2025	Should the court consider the prescribed or imposable penalty in determining bail?
Published	03/13/2025	What is the proper remedy if bail is denied?
Published	03/13/2025	When is bail discretionary?
Published	03/13/2025	Can the trial court still act on an application for bail after the accused files a notice of appeal?
Published	03/13/2025	If bail is granted after conviction, can the accused continue on provisional liberty during appeal?
Published	03/13/2025	If the trial court's decision changes the nature of the offense from bailable to non-bailable, where should the application for bail be filed?
Published	03/13/2025	Can the appellate court review the RTC’s resolution on bail?
Published	03/13/2025	If the penalty imposed is more than 6 years of imprisonment, when can bail be denied or canceled?
Published	03/13/2025	What is the remedy if bail is canceled or denied?
Published	03/13/2025	What is a capital offense under Rule 114, Sec. 6?
Published	03/13/2025	Is the death penalty still imposed in the Philippines?
Published	03/13/2025	What is the court’s role in determining whether to deny bail?
Published	03/13/2025	What happens if the prosecution’s evidence fails to prove a non-bailable offense?
Published	03/13/2025	Are there exceptions where an accused charged with a capital offense was granted bail?
Published	03/13/2025	What special circumstances did the Court consider in granting bail?
Published	03/13/2025	Who has the burden of proof in a bail application for an offense punishable by death, reclusion perpetua, or life imprisonment?
Published	03/13/2025	What happens to the evidence presented during the bail hearing?
Published	03/13/2025	Can witnesses from the bail hearing be recalled during the trial?
Published	03/13/2025	What are the duties of a judge when an application for bail is filed for a non-bailable offense?
Published	03/13/2025	When should a petition for bail be set for hearing under the Revised Guidelines for Continuous Trial?
Published	03/13/2025	In what form may the testimony of a witness in a petition for bail be presented?
Published	03/13/2025	What are the guidelines for presenting witness testimony in First Level Courts?
Published	03/13/2025	What are the guidelines for presenting witness testimony in Second Level Courts, Sandiganbayan, and the Court of Tax Appeals?
Published	03/13/2025	How long does the court have to resolve a petition for bail?
Published	03/13/2025	How long does the court have to resolve a motion for reconsideration of a bail resolution?
Published	03/13/2025	What is a summary hearing in a bail application?
Published	03/13/2025	What does the court NOT do in a summary hearing for bail?
Published	03/13/2025	Does the court have discretion in conducting a summary hearing for bail?
Published	03/13/2025	What should the court avoid in a summary hearing for bail?
Published	03/13/2025	Can the court confine itself to receiving substantial evidence only?
Published	03/13/2025	Can the court resolve a petition for bail based solely on prosecution evidence?
Published	03/13/2025	Is the accused required to present evidence in a bail hearing?
Published	03/13/2025	When is a hearing mandatory in a bail application?
Published	03/13/2025	Can bail be granted for a person charged with reclusion perpetua or life imprisonment without a hearing?
Published	03/13/2025	Why must the accused be in custody when applying for discretionary bail?
Published	03/13/2025	Why is a bail hearing mandatory?
Published	03/13/2025	What rights does the accused have in a bail hearing?
Published	03/13/2025	Can the complainant’s counsel appear in the bail hearing?
Published	03/13/2025	Can a prior hearing on probable cause take the place of a bail hearing?
Published	03/13/2025	If the accused was at large and later appeared after bail was previously denied, can the judge grant bail based on earlier evidence?
Published	03/13/2025	Is a (bail) hearing required if the trial court orders a preliminary investigation?
Published	03/13/2025	If an accused is charged with murder without a preliminary investigation, is bail a matter of right?
Published	03/13/2025	Can the prosecution ask for bail cancellation after a preliminary investigation?
Published	03/13/2025	Does the court still need to conduct a hearing even if bail is a matter of right?
Published	03/13/2025	Does the prosecution have the right to present evidence to deny bail when bail is a matter of right?
Published	03/13/2025	When does the prosecution have the right to present evidence for bail denial?
Published	03/13/2025	What remedy does the prosecution or defense have if the trial court does not hold a (bail) hearing?
Published	03/13/2025	Can the accused waive their right to a bail hearing?
Published	03/13/2025	Can the court rely on mere affidavits or recitals in bail hearings?
Published	03/13/2025	Does the State have a right to due process in bail hearings?
Published	03/13/2025	What if the prosecutor refuses to present evidence in a discretionary bail case?
Published	03/13/2025	What must the judge prepare after a bail hearing
Published	03/13/2025	Is a judge required to prepare a summary of evidence regardless of the decision on bail?
Published	03/13/2025	What happens if the judge does not prepare a summary of the evidence?
Published	03/13/2025	Why does the absence of a summary invalidate the bail order?
Published	03/13/2025	Under the Revised Guidelines, can the court suspend the presentation of evidence in chief while waiting for the resolution of a petition for bail…
Published	03/13/2025	Where to appeal the denial of bail?
Published	03/13/2025	What if the grant of bail is void?
Published	03/13/2025	What if the accused was acquitted?
Published	03/13/2025	Why does the law allow witness recall?
Published	03/13/2025	Amount of bail; guidelines. - The judge who issued the warrant or granted the application shall fix a reasonable amount of bail considering primarily,…
Published	03/13/2025	What is the purpose of DOJ Circular No. 11 (February 20, 2023)?
Published	03/13/2025	When does DOJ Circular No. 11 apply?
Published	03/13/2025	What must the investigating prosecutor indicate in the criminal information when recommending bail under DOJ Circular No. 11?
Published	03/13/2025	What proof is required for a respondent to avail of the reduced bail under DOJ Circular No. 11?
Published	03/13/2025	How is bail determined for a child in conflict with the law (CICL)?
Published	03/13/2025	When can the court increase the bail amount?
Published	03/13/2025	What additional condition may the court impose on an accused with a high risk of absconding?
Published	03/13/2025	Can a corporation act as a surety?
Published	03/13/2025	What are the requirements for a corporate surety to provide bail?
Published	03/13/2025	What is a surety company?
Published	03/13/2025	What is a corporate surety?
Published	03/13/2025	What must the accused do within 10 days after the approval of a property bond?
Published	03/13/2025	What happens if the accused fails to annotate the lien or submit proof of compliance?
Published	03/13/2025	What are the qualifications of sureties in a property bond?
Published	03/13/2025	What happens if there are two or more sureties?
Published	03/13/2025	What must a surety do to justify his qualifications?
Published	03/13/2025	What is a bail bond?
Published	03/13/2025	What happens if the accused fails to appear in court and there is a surety present for the bail?
Published	03/13/2025	Can a surety sell or encumber the property used as bond?
Published	03/13/2025	What is the role of a surety in relation to the accused?
Published	03/13/2025	How can a surety be discharged from liability?
Published	03/13/2025	When can a court release a person on recognizance?
Published	03/13/2025	What law governs recognizance?
Published	03/13/2025	When is recognizance a matter of right?
Published	03/13/2025	Who else may be granted recognizance?
Published	03/13/2025	What are the requirements for recognizance under RA 10389?
Published	03/13/2025	Who is disqualified from release on recognizance?
Published	03/13/2025	When is bail not required under Rule 114, Sec. 16 or the rule on reduced bail or recognizance
Status	Last Update	Fields