Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance. (Section 1, Rule 114 of the Philippine Rules of Criminal Procedure)
Bail in the amount fixed may be filed with the court where the case is pending, or in the absence or unavailability of the judge thereof, with any regional trial judge, metropolitan trial judge, municipal trial judge, or municipal circuit trial judge in the province, city or municipality. If the accused is arrested in a province, city, or municipality other than where the case is pending, bail may also be filed with any regional trial court of said place, of if no judge thereof is available, with any metropolitan trial judge, municipal trial judge, or municipal circuit trial judge therein.
Where the grant of bail is a matter of discretion, or the accused seeks to be released on recognizance, the application may only be filed in the court where the case is pending, whether on preliminary investigation, trial, or appeal.
Any person in custody who is not yet charged in court may apply for bail with any court in the province, city, or municipality where he is held. (Section 17, Rule 114 of the Philippine Rules of Criminal Procedure)
- Sections 1 and 17, Rule 114 of the Philippine Rules of Criminal Procedure.
- To learn more about the Philippine legal system, visit the Philippine Legal Database of Filipiniana.net Digital Library.