I. Constitutional and Legal Basis of Bail

The right to bail is enshrined in the 1987 Philippine Constitution, specifically in Article III, Section 13 of the Bill of Rights:

“All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.”

This provision is implemented primarily through the Revised Rules of Criminal Procedure (Rules 110–127, as amended), particularly Rule 114 (Bail), as well as Republic Act No. 10389 (Recognizance Act of 2012) and various Supreme Court circulars.

II. When Bail is a Matter of Right and When it is Discretionary

Stage / Nature of Offense	Bail as a Matter of Right	Bail is Discretionary	Bail Not Allowed
Before conviction, offense punishable by **destierro, correctional, or light penalties	Yes
Before conviction, offense punishable by reclusion temporal or less (up to 20 years)	Yes
Before conviction, offense punishable by reclusion perpetua or life imprisonment		Yes (Judge determines if evidence of guilt is strong)
Before conviction, capital offense (punishable by reclusion perpetua to death when law still provided death penalty) or offense punishable by life imprisonment		Yes (if evidence of guilt is not strong)	If evidence of guilt is strong
After final judgment of conviction (judgment has become final and executory)			No bail (except if appealing to SC in certain cases)
After conviction by RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment	Yes (during pendency of appeal)
After conviction by RTC imposing reclusion perpetua or life imprisonment			No bail

III. Forms of Bail Under Rule 114

Corporate surety bond – issued by GSIS or an insurance company accredited by the Supreme Court/Insurance Commission
Property bond – real property with sufficient value located within the Philippines
Cash bond – cash deposit with the nearest Collector of Internal Revenue or municipal/city/provincial treasurer
Recognizance (R.A. 10389) – release to custody of a responsible member of the community or a qualified NGO/PO in minor cases

IV. Amount of Bail – The Bail Bond Guide (2023 Revised Bail Bond Guide)

The Supreme Court issues an updated Bail Bond Guide every few years. The latest operative guide as of 2025 is the 2023 Revised Bail Bond Guide (A.M. No. 21-07-08-SC).

Examples (selected offenses):

Offense	Recommended Bail
Murder (reclusion perpetua)	No bail if evidence strong; if not strong → P1,000,000–P2,000,000 (judge’s discretion)
Homicide	P200,000
Rape (reclusion perpetua)	No bail if evidence strong; otherwise P800,000–P1,200,000
Qualified Theft (value > P1,000,000)	P400,000
Estafa (amount > P1,000,000)	P400,000
Illegal Possession of Firearms (R.A. 10591)	P120,000–P240,000
Violation of Comprehensive Dangerous Drugs Act (shabu 50 grams or more)	No bail (evidence almost always strong)
Plunder (R.A. 7080 as amended by R.A. 7659)	No bail

The judge may deviate from the guide upon strong justification.

V. Corporate Surety Bond Requirements

Must be issued by a surety company accredited by the Supreme Court (list published annually)
Original copy of the bond
Certificate of Accreditation and Authority for the current year
Clearance from the Office of the Court Administrator (OCA) that the company has no arrears
Payment of 0.5% legal research fee and P20 Victims Compensation fee

VI. Property Bond Requirements (Most Common in Practice)

Owner’s duplicate copy of TCT/OCT/CCT
Tax Declaration (current year)
Current Real Property Tax Receipt or Tax Clearance
Affidavit of Ownership and Justification of Bail
Sketch/location plan
Photograph of the property (all angles including street)
Certification from the Assessor’s Office that the property is free from all liens and encumbrances (except the judicial lien to be annotated)
The appraised value must be at least equal to the amount of bail; zonal value is usually followed
The property must be located within the Philippines and registered in the name of the proposer for at least six (6) months
Annotation of the bail lien on the title by the Register of Deeds

The court will issue an Order Approving Property Bond and a Certificate of Lien for annotation.

VII. Cash Bond Procedure

Deposit the full amount with the municipal/city/provincial treasurer or BIR collector in the province/city where the case is pending
Obtain Official Receipt
File the OR with the court together with a motion to approve cash bail

Upon acquittal or dismissal, the cash is returned minus 0.5% legal research fee.

VIII. Recognizance (R.A. 10389)

Applicable only to:

Offenses punishable by destierro or imprisonment of not more than 6 years
When the accused has no means to post bail and is not a flight risk

The accused is released to the custody of a qualified custodian (local official, NGO, religious leader, etc.) who executes a recognizance form.

IX. Conditions of Bail (Rule 114, Sec. 2)

The accused shall: a) Appear before the court when required
b) Not leave the Philippines without court permission
c) Surrender for execution of final judgment

Violation of any condition justifies cancellation of bail and issuance of warrant of arrest.

X. Cancellation or Forfeiture of Bail

When the accused fails to appear → bond is forfeited after 30-day period to explain non-appearance
Surety or bondsman given 30 days to produce the body or explain
If not produced → judgment against surety/bondsman

XI. Special Rules in Drug Cases

Under R.A. 9165 (Comprehensive Dangerous Drugs Act), if the imposable penalty is reclusion perpetua to death (e.g., sale or possession of 50 grams or more of shabu), bail is not allowed even before conviction if evidence of guilt is strong. In practice, courts almost always deny bail in large-scale drug cases.

XII. Bail Pending Appeal

Generally not allowed after conviction imposing reclusion perpetua or life imprisonment (People vs. Fitzgerald, G.R. No. 233890, 2019). Exception: if the penalty is reduced on appeal or extraordinary circumstances.

XIII. Recent Supreme Court Issuances (as of 2025)

OCA Circular No. 89-2024 – Updated list of accredited bonding companies
A.M. No. 23-11-10-SC – Guidelines on electronic filing of bail applications
People vs. Castillo (2024) – clarified that judges must conduct summary hearing even when bail is a matter of right if prosecution requests

This covers the entire Philippine law and practice on bail as of December 2025.