Here’s a comprehensive, practice-oriented legal explainer—Philippine context—on bail for the charge commonly called “public scandal.” In the Revised Penal Code the offense is Grave Scandal (Art. 200, as amended); many police blotters still write “public scandal,” but it refers to grave scandal unless a local ordinance is used.
1) What is the charge, exactly?
Grave Scandal (RPC Art. 200) punishes highly scandalous conduct that offends decency or good customs in a public place or within public view, when the act does not fall under another specific offense (e.g., acts of lasciviousness, unjust vexation, alarms and scandals, Article 201 indecency, etc.).
- Penalty: arresto mayor (1 month and 1 day up to 6 months) and a fine (amounts were increased by later amendments to the RPC’s fines).
- Because the max imprisonment is ≤ 6 months, the case normally falls under the Rule on Summary Procedure in first-level courts (MTC/MeTC/MCTC).
If the behavior fits another, more specific crime (e.g., acts of lasciviousness, unjust vexation, alarms and scandals), police or prosecutors may file those instead; bail and procedure will track the filed offense.
2) Bail is a matter of right for grave scandal
Under Rule 114 of the Rules of Criminal Procedure:
- For offenses not punishable by death, reclusion perpetua, or life imprisonment, an accused is entitled to bail as a matter of right, before or after the filing of the Information.
- Grave scandal’s penalty (arresto mayor) is far below those thresholds, so bail cannot be denied on strength-of-evidence grounds; the dispute is only about the amount and form.
3) So how much is the bail?
There is no single nationwide fixed figure. Two things drive the recommended amount:
- The local Bail Bond Guide/Schedule used by inquest prosecutors and courts (periodically updated after changes to the RPC fines/penalties).
- The judge’s discretion under Rule 114, Sec. 9 (factors below).
Because the statutory penalty is just arresto mayor, recommended cash/surety bail is typically in the low range compared to felonies with longer penalties. In practice, for arresto-mayor offenses, station/inquest bail often lands in the several-thousand to low-tens-of-thousands of pesos bracket, subject to:
- the court/city’s current schedule,
- whether you post cash, surety, or property bond, and
- aggravating/mitigating circumstances the prosecutor notes.
Key takeaway: expect modest bail relative to more serious crimes, but bring documentation to argue it downward if needed (see §6).
4) Where and when bail gets set
A. Before the case is filed (inquest or warrantless arrest):
- The inquest prosecutor or the on-duty judge relies on the Bail Schedule and indicates the recommended amount. Police can release you upon posting station bail (cash/surety) with an undertaking to appear.
B. After the Information is filed in court:
- Only the trial court may approve bail. File a Petition/Application for Bail (many first-level courts accept a simple motion + bond). The judge may summarily hear just to confirm identity and bond sufficiency, then issues a Release Order.
C. If arrested by warrant:
- The warrant may state that the offense is bailable and may carry a recommended amount. You can post bail with the issuing court (or the nearest court if allowed) to secure release.
5) Forms of bail & what you’ll need
- Cash bond: cash deposit with the court. Fastest to process; refunded after case termination (minus minimal fees) if you complied with appearances.
- Surety bond: issued by an accredited bonding company upon payment of a premium (non-refundable). Court still issues a Release Order after verification.
- Property bond: real property offered as security (needs tax declarations/TCTs, current tax receipts, and often takes longer due to appraisal/annotation).
Checklist for posting bail
- Government ID(s) of the accused (and surety, if any)
- Booking sheet/arrest documents or copy of Information/warrant
- Recommended bail (cash; or surety papers)
- If property bond: title, tax dec, tax receipts, photos, and affidavit of undertaking
6) How courts fix or reduce the amount: the Rule 114 factors
Even with a schedule, the judge may adjust the amount considering:
- Financial ability of the accused
- Nature and circumstances of the offense (non-violent, misdemeanor-level)
- Penalty prescribed (arresto mayor only)
- Character and reputation, age/health (e.g., students, breadwinners)
- Weight of the evidence (but since bail is as-of-right here, this usually has little impact)
- Probability of appearance at trial (residence, job, family ties)
- Forfeiture history (if any)
- Other pending cases
Practical tip: Bring pay slips, student IDs/enrollment proof, NBI/Barangay clearance, proof of fixed residence/employment, and immediate family ties. These support a lower bail or even release on recognizance (see next).
7) Release on recognizance (no cash outlay)
Given the minor penalty, courts sometimes grant recognizance under Rule 114 and the Recognizance Act (R.A. 10389)—especially for indigents, first-time offenders, students, or when detention already nears the maximum arresto mayor term. You’ll sign an undertaking (and often need a surety in person such as a barangay official or responsible citizen) promising to appear.
8) What if you can’t post immediately? Consider Article 29 credit
If you’re detained before conviction, Article 29 of the RPC credits full preventive imprisonment against the sentence—in full if you agree to abide by jail rules (including the “detainee’s disciplinary rules”).
- Since arresto mayor tops at 6 months, a person who stays in jail for a significant portion while awaiting trial may finish the liability via time served. This is not a bail substitute, but it’s a backstop if resources are tight.
9) Procedure roadmap (from street to release)
- Arrest/booking (often warrantless, in flagrante) → turn over to station.
- Inquest (or waiver to regular PI). Prosecutor identifies the offense (grave scandal or another).
- Bail setting (via schedule) → post cash/surety at station or before an inquest/on-duty judge.
- If the Information is filed, post bail in court → Release Order to the jailer.
- Arraignment & trial in the first-level court (usually under Summary Procedure). Many cases end in fines (and/or short arresto mayor) especially for first-time offenders.
10) Common charge-mixups (why bail quotes differ)
- “Alarms and Scandals” (Art. 155) vs “Grave Scandal” (Art. 200) Different elements and penalties. Police sometimes file one for conduct that fits the other; bail schedules differ.
- Local ordinances on indecency/noise/public nuisance can be charged instead of or alongside RPC counts; their penalties and bail vary.
- Acts of Lasciviousness / Unjust Vexation / Physical Injuries may be added or substituted—raising or lowering the schedule. Always read the exact offense written on the complaint, inquest resolution, or Information; that determines the bail line, not just the “public scandal” label.
11) After posting bail: your obligations
- Appear at arraignment and every setting; update the court if you change address.
- Don’t reoffend; bail can be cancelled for serious violations.
- Keep your Official Receipt (cash) or surety papers; cash bail is refunded when the case ends (acquittal, dismissal, or after serving sentence and paying fines), minus lawful deductions.
12) Practical strategies (to get out fast and keep bail low)
- Ask for recognizance or a reduction citing: minor penalty, community ties, indigency/student/employment, no flight risk.
- If detained late night/weekend, cash bail at station using the schedule can be faster than waiting for court (varies by city).
- If the facts clearly fit a lesser offense (e.g., alarms and scandals or a city ordinance infraction), politely raise that at inquest—lower bail often follows.
- Avoid admissions on record about elements of more serious crimes while negotiating charge level.
13) Quick FAQs
Is bail negotiable at the station? There’s a schedule, but the prosecutor/judge can recommend/approve adjustments. You can request a lower amount; final say rests with the issuing authority.
Can bail be denied for grave scandal? No—as a matter of right, it must be granted (subject to you posting it or qualifying for recognizance).
If I plead guilty later, what happens to my cash bail? After judgment and compliance (fine/time served), cash bail is returned upon motion; surety premiums are not refundable.
What if the acts alleged really fall under acts of lasciviousness? Prosecutors may upfile the charge. Bail and penalties will follow the new charge, not grave scandal.
Bottom line
- The charge people call “public scandal” is Grave Scandal (Art. 200)—a misdemeanor-level offense punishable by arresto mayor and a fine.
- Bail is a matter of right and, in practice, is modest (schedule-based) for arresto-mayor offenses; you can seek recognizance or reduction using Rule 114 factors.
- Amounts vary by the local bail schedule and the exact offense actually filed (grave scandal vs. a different count), so verify the caption on your papers.
- Post cash/surety/property bond (or recognizance) to secure a Release Order, then comply with court dates; cash bail is refundable at the end.
If you tell me (1) the exact offense caption on the inquest/Information, (2) city/court, and (3) whether you can post cash, I can draft a one-page motion asking for recognizance or bail reduction, tailored to those facts.