In the Philippine legal system, the right to bail is a constitutional guarantee. Article III, Section 13 of the 1987 Constitution provides that 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.

When applied to sexual harassment cases—primarily governed by Republic Act No. 7877 (The Anti-Sexual Harassment Act of 1995) and the more recent Republic Act No. 11313 (The Safe Spaces Act)—the rules on bail follow the standard criminal procedure but are influenced by the specific penalties attached to these crimes.

1. Nature of the Offense and Bail Eligibility

Sexual harassment, as defined under Philippine law, is generally considered a "bailable" offense as a matter of right because the penalties involved do not reach the threshold of reclusion perpetua (life imprisonment).

Under R.A. 7877 (Work, Education, or Training Environment)

The penalty for violating the Anti-Sexual Harassment Act of 1995 is imprisonment of not less than one (1) month nor more than six (6) months, or a fine. Since the penalty is light, bail is a matter of right.

Under R.A. 11313 (Safe Spaces Act)

The "Bawal Bastos" law covers gender-based sexual harassment in public spaces, online, and workplaces. Penalties vary depending on the gravity of the act:

Minor infractions (e.g., catcalling, wolf-whistling) may result in fines or short-term imprisonment (arresto menor).
Severe infractions (e.g., physical contact with sexual overtones) carry higher penalties of arresto mayor or prision correccional.

Regardless of the severity under the Safe Spaces Act, none of the acts currently prescribed under this law are punishable by reclusion perpetua. Therefore, an accused is entitled to bail as a matter of right throughout the proceedings.

2. When and Where to File Bail

Bail is typically applied for once a warrant of arrest has been issued or when the person is under custody.

During Preliminary Investigation: Generally, bail is not required while the case is under investigation by the Prosecutor. However, if the accused is arrested via a valid warrantless arrest (e.g., in flagrante delicto), they may apply for bail even before an Information is filed in court.
After Filing of Information: Once the Prosecutor finds probable cause and files the case in court, the Judge issues a warrant of arrest. At this point, the accused must post bail to secure their temporary liberty.
Where to file: Bail may be filed with the court where the case is pending. If the judge of that court is absent or unavailable, it may be filed with any Regional Trial Court, Metropolitan Trial Court, or Municipal Trial Court judge in the province, city, or municipality where the accused was arrested.

3. Forms of Bail

Under the Revised Rules of Criminal Procedure, an accused in a sexual harassment case may post bail in several ways:

Corporate Surety: A bond subscribed by a domestic or foreign corporation or entity authorized as a surety by the Insurance Commission and the Supreme Court.
Property Bond: An undertaking as a lien on real property given as security for the amount of the bail.
Cash Deposit: The accused or any person acting on their behalf deposits the amount of bail in cash with the nearest collector of internal revenue or provincial, city, or municipal treasurer.
Recognizance: A person is released on the custody of a responsible citizen or under the supervision of a government official, provided the offense is a light felony or the penalty does not exceed six months.

4. Factors in Setting the Bail Amount

The judge has the discretion to set the amount of bail. Under Department of Justice (DOJ) Circulars and the Rules of Court, the following factors are considered:

The financial ability of the accused to give bail.
The nature and circumstances of the offense.
The penalty for the offense charged.
The weight of the evidence against the accused.
The character and reputation of the accused.
The probability of the accused appearing at the trial.

Note: For sexual harassment cases under R.A. 7877, the bail is often set at a relatively low, standardized amount based on the 2018 Bail Bond Guide, as the maximum penalty is only six months.

5. Conditions of the Bail

Once bail is granted, the accused must adhere to specific legal conditions:

The bail shall remain effective at all stages of the case until its final determination.
The accused shall appear before the proper court whenever required.
The accused must inform the court of any change in address.
The accused must not commit further acts of harassment or contact the complainant (often reinforced by a Protection Order if applicable).

Failure to comply with these conditions can result in the forfeiture and cancellation of the bail and the immediate re-arrest of the accused.

6. Procedural Steps for Posting Bail

Arrest or Voluntary Surrender: The accused is taken into custody or surrenders to the jurisdiction of the court.
Order of Bail: The court issues an order stating the amount of bail required.
Submission of Requirements: The accused submits the necessary documents (e.g., Photos, Waiver of Appearance, Certificate of Detention, and the Bond/Cash Receipt).
Approval and Release: The Judge examines the documents. If in order, the Judge signs the Order of Release.
Service of Release Order: The Order is served to the law enforcement agency or jail facility holding the accused, leading to their release.