Lost Bail Bond Official Receipt: How to Secure Certification and Bail Release (Philippines)

This practical guide explains what to do if you lose the official receipt (OR) for a bail bond in the Philippines—covering cash, surety, and property bonds; how to get a certification or certified true copy; how to obtain a release order from jail; and how to process refund or cancellation of bail. It’s informational and not a substitute for legal advice.


1) Quick context: what the receipt actually proves

  • Cash bail: The Official Receipt (OR) issued by the Office of the Clerk of Court (OCC) proves a cash deposit was made under Rule 114 of the Rules of Criminal Procedure.
  • Surety bond: No cash deposit with court; a corporate surety files a bond undertaking approved by the court. The bonding company’s paperwork—and the court’s order approving the bond—serve as proof.
  • Property bond: Proof is the court order approving the property bond and the annotations/attachments (tax dec, TCT/CCT, affidavit of undertaking, etc.). There is typically no OR for a property bond.

Losing the OR never extinguishes the court’s record. Courts keep docket entries and bond books. Your goal is to replace the lost OR with official certifications or certified true copies that the jail and other offices will honor.


2) Who to approach first (by scenario)

  1. Case is already raffled/pending in court Go to the OCC of the court where the case is pending (e.g., MTCC/MTC/MeTC/RTC). If unsure which sala, the OCC front desk can search by case number, accused name, offense, or date of filing.

  2. Bail was posted during inquest/night court It was still receipted by the duty court/OCC. Start at the OCC of the station/city where you posted bail. They can trace the OR series or identify the receipting court and redirect you.

  3. Surety bond (from a bonding company) was used Coordinate with (a) the bonding company for a certified copy of the bond and receipts and (b) the court for a certified true copy (CTC) of the Order approving the bond.

  4. Property bond Ask the court for CTCs of the Order approving property bond and attached documents. If a Release Order is needed, those CTCs suffice.


3) Core documents you’ll typically prepare

  • Valid government ID (original + photocopy).
  • Affidavit of Loss describing when/how the OR was lost, and affirming it has not been used for any claim.
  • Copy of the case documents (charge sheet/information, commitment order/temporary detention order, any prior court orders).
  • If represented: SPA (Special Power of Attorney) or Secretary’s Certificate/Board Resolution for corporate representatives.
  • For surety bonds: Letter/certification from the bonding company, attaching their records.
  • For refund stage: bank details (if the court now refunds via check deposit), plus IDs and SPA if claimant is not the named depositor.

4) Step-by-step: replacing the lost OR (cash bail)

A. Ask the OCC for an official Certification/CTC in lieu of the OR

  1. Appear at the OCC with Affidavit of Loss and your case details.

  2. Request either:

    • Certification of Cash Bail Deposit stating the amount, date, case title/number, and accused; or
    • Certified True Copy of the Cash Bond Receipt and the Order admitting/approving bail (if on file).
  3. Pay the legal fees for certifications/CTCs under the Rule on Legal Fees (fees vary; bring small bills).

  4. Processing usually involves the Cash/Bond Section verifying entries in the bond register and printing the certification/CTC.

B. If you need the person released from jail now

  1. File a Motion for Issuance of Release Order Despite Loss of OR, attaching:

    • Affidavit of Loss
    • OCC Certification/CTC of the cash deposit or Order approving bail
    • Jail coordinates (name of BJMP facility, contact person/fax/email if available)
  2. The court may set it for summary hearing or act in-chambers if urgent.

  3. Upon approval, the court issues a Release Order addressed to the BJMP/warden. The Release Order, not the OR, is what actually frees the accused.

Tip: If you are at the jail and the OR is missing, ask the court to email/fax the Release Order to the BJMP while you or counsel courier the original. Many jails accept an e-copy “for immediate compliance,” subject to presentation of the original.


5) Step-by-step: if the bond is surety or property

Surety bond

  • Get from the bonding company:

    • Certified copy of the Bond Undertaking, Indemnity Agreement, and the company’s OR (if any).
  • Get from the court:

    • CTC of the Order approving the surety bond and the Certificate of accreditation (if attached in records).
  • If the accused is still detained, file a Motion for Issuance of Release Order, attaching those documents.

Property bond

  • Ask the court for CTCs of the Order approving property bond and supporting docs (title/tax dec/assessments/annotations, etc.).
  • For release, move for a Release Order, attaching the CTCs.

6) After the case: cancellation of bail & refund (cash bail)

When can you cancel and refund?

  • Acquittal, dismissal, or other final termination of the case.
  • Sometimes upon conviction but pending appeal, the trial bail may be cancelled and new appeal/Rule 114 bail posted (ask counsel).

What to file

  1. Motion to Cancel Bail and Release Cash Deposit, attaching:

    • Dispositive order/judgment showing case termination or reason for cancellation.
    • Proof of identity of the depositor (or SPA/authority if different claimant).
    • Affidavit of Loss (since the OR is missing).
  2. Court issues an Order cancelling bail and directing the OCC to process the refund.

OCC refund mechanics without the OR

  • Present the cancellation order, Affidavit of Loss, your ID, and any ancillary forms the OCC requires.
  • Expect identity verification and logbook matching by the Cash/Bond Section.
  • Refund is typically via Landbank check or cash (varies per station). Keep the Refund OR or acknowledgment.

7) Special issues & edge cases

  • You don’t know the case number. Provide full name, birthdate, offense, approximate filing date, and station/city. The OCC can search the criminal docket and bond books.

  • Different court from where bail was paid. Bail paid at night court/inquest is later transmitted to the trial court. Ask either OCC; they will point you to whichever office holds the bond records.

  • Multiple cases, one deposit. Courts normally require separate bonds per case. If a single deposit was used, the OCC can tell you which case it was credited to.

  • Name mismatch on the OR. The depositor can be different from the accused. For refunds, the depositor (or authorized representative with SPA) claims the money.

  • Lost twice / suspected fraud. Inform the OCC immediately. They may require additional identification, police blotter, or indemnity measures before issuing certifications/refund.

  • Bond increased/decreased later. The court’s latest order controls. Ask for a CTC of the latest bail order to avoid jail disputes.


8) Practical checklists

For immediate jail release (cash bail; OR lost)

  • Government ID
  • Affidavit of Loss
  • OCC Certification/CTC confirming bail deposit (or CTC of Order approving bail)
  • Motion for Issuance of Release Order Despite Loss of OR (with case details and BJMP contact)
  • Proposed Release Order (attach for judge’s convenience)

For refund after case termination (OR lost)

  • Court’s Order cancelling bail
  • Affidavit of Loss of OR
  • ID of depositor / SPA if representative
  • Claim stub or OCC form (as required)
  • Bank details if needed

9) Template forms (fill in the blanks)

A) Affidavit of Loss (Cash Bail OR)

REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ______ ) S.S.

AFFIDAVIT OF LOSS

I, [Name], of legal age, [civil status], [nationality], with address at [address], after being duly sworn, depose and state:

1. That on [date], I posted a CASH BAIL BOND in the amount of [₱_____] for [Name of Accused] in [Case Title/No.], before the [Name of Court].
2. That the Office of the Clerk of Court issued Official Receipt (OR) No. [_____] dated [_____], evidencing said cash deposit.
3. That on or about [date], I discovered that the said OR was lost/misplaced [brief circumstances]; despite diligent search, it cannot be found.
4. That I undertake to surrender the original OR to the Court should it later be found and will not use it for any other claim.
5. This affidavit is executed to request the issuance of certifications/CTCs in lieu of the lost OR and/or to process release/refund/cancellation of bail.

IN WITNESS WHEREOF, I have hereunto set my hand this [date] at [place].

[Affiant’s Name and Signature]

SUBSCRIBED AND SWORN to before me this [date] at [place], affiant exhibiting [ID type, number, and expiry].
[Notary Public]

B) Motion for Issuance of Release Order Despite Loss of OR

[CAPTION]

MOTION

Accused, through counsel, respectfully states:

1. On [date], Accused posted [cash/surety/property] bail in the amount of ₱[amount], admitted by this Honorable Court per Order dated [date].
2. The Official Receipt evidencing the cash deposit was subsequently lost, as shown by the attached Affidavit of Loss.
3. The Office of the Clerk of Court has issued the attached Certification/CTC confirming the cash bail deposit under the above case.

WHEREFORE, premises considered, Accused prays that a RELEASE ORDER be issued to the [Name of BJMP Facility], directing immediate release of Accused in view of the valid bail, despite the loss of the OR.

[Place, Date]

[Counsel/Accused]
[PTR/IBP/MCLE details if counsel]

Copy furnished: [Prosecutor], [BJMP facility]
Attachments: Affidavit of Loss; OCC Certification/CTC; ID

C) Proposed Release Order (for the court’s convenience)

[CAPTION]

RELEASE ORDER

In view of the approved [cash/surety/property] bail of ₱[amount] posted by [Accused], as confirmed by the Office of the Clerk of Court Certification/CTC attached to the Motion, the Warden, [Name of BJMP Facility], is hereby DIRECTED to RELEASE [Accused], unless detained for another lawful cause.

SO ORDERED.

[Date]
[JUDGE]

D) Motion to Cancel Bail and Release Cash Deposit (Refund)

[CAPTION]

MOTION

Accused, through counsel, states:

1. On [date], Accused posted CASH BAIL of ₱[amount], receipted by the OCC.
2. On [date], the case was [dismissed/accused acquitted/judgment final], per attached Order/Entry of Judgment.
3. The original OR was lost, as per attached Affidavit of Loss.

WHEREFORE, Accused prays for: (a) CANCELLATION of bail; and (b) RELEASE/REFUND of the cash deposit to [Depositor], through the OCC, upon verification of identity.

[Signature block]
Attachments: Order/Judgment; Affidavit of Loss; ID/SPA

10) Frequently asked questions

Q: Can the jail refuse release because I can’t show the OR? A: The jail releases on the basis of a court Release Order, not on the OR. If the OR is lost, secure the OCC Certification/CTC and ask the court to issue a Release Order.

Q: I don’t know the OR number. Can I still get a certification? A: Yes. Provide case details; the OCC will verify the bond register and issue a Certification/CTC.

Q: How long do certifications take? A: Same day to a few days, depending on volume and record retrieval. Urgent cases (persons in custody) are usually prioritized.

Q: Will the court refuse a refund without the original OR? A: Courts generally allow refund upon cancellation order, Affidavit of Loss, and identity verification. Procedures vary; follow your OCC’s checklist.

Q: For surety bonds, who issues “the receipt”? A: The bonding company issues its own receipt; the court issues an Order approving the surety bond. Ask both the company and the court for certified copies if papers are lost.


11) Practical tips to avoid future issues

  • Scan/photograph all receipts and orders the same day you receive them.
  • Keep a case folder (physical and digital) labeled with case number, court, and next hearing date.
  • When posting bail at night/inquest, ask where the records will be transmitted and note a contact number.
  • For refunds, verify whether the OCC issues checks or cash and what IDs or SPA wording they require.

12) One-page summary (clip-and-carry)

  1. Go to the OCC → request Certification/CTC of your bail (bring Affidavit of Loss + ID).
  2. If someone is still detained → file Motion for Release Order with Certification/CTC attached → court issues Release Order to BJMP.
  3. After case ends → file Motion to Cancel Bail & Refund (attach termination order + Affidavit of Loss) → OCC processes refund to depositor/authorized representative.
  4. Surety/property bonds → get CTCs of approving order (and bonding company papers, if surety) → file Motion for Release Order, if needed.

If you want, tell me the court, city, and bond type and I’ll tailor the motions and affidavits to your exact case details.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.