(What it means, when you can get the money back, procedures, edge-cases, and sample filings)

A. First, clarify the terms

People often say “probationary dismissal” in criminal cases to mean one of two very different things:

Discharge after Probation (PD 968, as amended). The accused was convicted, the execution of sentence was suspended, probation was granted, the probationer completed the conditions, and the court issued an Order of Final Discharge. Many laypersons call this “case dismissed after probation,” but strictly speaking it is a final discharge that extinguishes criminal liability for the offense.
Provisional/Final Dismissal before conviction (Rules on Criminal Procedure). The case was dismissed (e.g., demurrer granted, information quashed, witness non-appearance, failure to prosecute, provisional dismissal under the rules, or acquittal). This is not probation at all.

Because bail exists to secure the accused’s appearance while the case is pending, what happens to the bail bond depends on which path you’re in and what stage the case has reached.

B. Core principles on cancellation and return of bail

Bail is accessory to the case. Once the case terminates in a way that no further appearance is required, bail is cancelled/exonerated.
Who gets the money back? The depositor named in the official receipt (OR) gets the cash back; a surety company gets an order cancelling the bond (no money to return to court).
Automatic vs. by motion. In practice, even if the rules say cancellation follows by operation of law upon certain terminations (acquittal, final dismissal, or after execution of judgment), you still file a motion so the court issues a formal order that the Clerk of Court needs to process the refund/cancellation.
Set-off for fines/costs/restitution. The court may apply the cash bond to unpaid fines, fees, or costs, and return only the net.
No interest. Cash bail refunds are returned without interest.
Forfeiture breaks the chain. If the accused failed to appear and the court forfeited the bond, recovery requires showing justifiable cause; remission is discretionary and often partial.

C. Scenarios and the status of the bail bond

1) Probation granted; probation ongoing (post-conviction, sentence suspended)

Effect on bail: Courts typically cancel the bail upon grant of probation because the accused is released not on bail but under probation supervision.
Practice tip: Move to cancel bail and release cash (or cancel surety) immediately after the Order granting probation enters and the accused assumes to the probation office. Some courts prefer to hold the bond until the probationer reports and signs the probation undertaking—so file once those are done.

2) Probation successfully completed; Final Discharge issued

Effect on bail: Any remaining bail is cancelled. Cash bond is refundable; surety is exonerated.
Documents: Attach the Order of Final Discharge and the probation officer’s terminal report (if available).

3) Dismissal before conviction (e.g., provisional/final dismissal, demurrer granted, failure to prosecute)

Effect on bail: Upon final dismissal (or acquittal), bail is cancelled; cash returned; surety exonerated.
Caveat: For a provisional dismissal (i.e., without prejudice), most courts cancel the bond because there is no active case requiring appearance. If the case is re-filed, the accused must post new bail.

4) Conviction final; sentence executed

Effect on bail: Once the accused commences service of sentence or the judgment is executed, bail is cancelled; if there are fines/costs, the court may offset them against the cash bond.

5) Probation violation proceedings

Effect on bail: The accused on probation is not on bail. If violation is alleged, the court may issue a warrant; there is no bond to forfeit. If the accused previously kept a cash bond (rare), the court can still cancel it because the basis for appearance is now probation jurisdiction.

D. Practical requirements for getting the cash (and cancelling a surety)

1) Cash bail refund

What to file: Motion to Release Cash Bail Bond and to Cancel Bail
Attach:
- Original Official Receipt (OR) for the cash bond (or an affidavit of loss if missing);
- A valid government ID of the depositor (name must match the OR);
- If a representative will claim: SPA (specific to claiming the cash bail) + representative’s ID;
- Court order(s) showing the basis (grant of probation + assumption; or final discharge; or final dismissal/acquittal; or entry of judgment).
Process: The Branch issues an Order to the Office of the Clerk of Court (OCC); the OCC prepares the Disbursement Voucher/Check (often via Land Bank) payable to the depositor named in the OR.
Timeline & pick-up: Bring the Order, IDs, and the OR when you collect. If the OR is lost, expect additional verification.

2) Surety bond cancellation

What to file: Motion to Cancel Surety Bond and to Discharge Bondsman
Attach:
- Copy of the Bond and Accreditation/Auth letter of the surety;
- The Order forming your basis (as above).
Outcome: The court issues an Order cancelling the bond; the surety is released from liability. No money changes hands at the court.

3) If fines/costs are outstanding

Request application of cash bond to fines and legal costs, with refund of any excess. Include a computation and ask the Clerk of Court for the official assessment.

E. Common pitfalls & how to avoid them

Wrong payee. The check is payable to the depositor on the OR, not necessarily the accused. If a relative posted bail, the refund goes to that relative unless they execute a Deed of Assignment/SPA.
Missing OR. Expect delays. File an Affidavit of Loss, attach a certified copy of the cash book entry if the court requires, and be ready for identity verification.
Bond forfeiture history. If a prior forfeiture order was issued (e.g., for a missed arraignment) but later the accused reappeared, you must seek remission of the forfeiture first; otherwise no refund.
Hold for civil liability. Cash bail is not a trust fund for civil damages by default. But if the judgment awards fines/costs or the law authorizes set-off, the court can apply the cash bond.
Procedural misfit. Don’t ask the probation office for the refund; they have no custody of bail funds. Your counterpart is the court and the OCC.

F. Strategy by stage

Right after probation is granted
- File to cancel bail and release cash as soon as the probationer has assumed to the probation office. Attach the Order granting probation and a probation officer’s certification of assumption (if available).
Upon final discharge from probation
- If not yet cancelled, move for release of cash bail citing the Final Discharge.
- If there are fines/costs still due, ask to apply the cash bond accordingly.
If the case was dismissed/acquitted before conviction
- Move for release immediately after the dismissal/acquittal order becomes final (or sooner if the court expressly cancels bail in the order).

G. Templates (you can copy-paste and adapt)

1) Motion to Release Cash Bail Bond and Cancel Bail

CRIM. CASE NO. __________
People of the Philippines
    Plaintiff,
        —versus—
[Name of Accused],
    Accused.
x————————————————x

MOTION TO RELEASE CASH BAIL BOND AND TO CANCEL BAIL

Accused, through counsel, respectfully states:

1. On [date], Accused posted a CASH BAIL BOND in the amount of ₱[amount], per O.R. No. [_____] issued by the Office of the Clerk of Court.

2. On [date], the Court [granted probation / issued an Order of Final Discharge / dismissed the case / acquitted the Accused]. Accused has [assumed to probation supervision on [date] / no further appearance is required].

3. Under the rules, bail is cancelled upon [grant of probation and assumption / final discharge / final dismissal/acquittal], and the depositor is entitled to a refund of the cash bond, subject to lawful deductions, if any.

PRAYER

Accused prays that the Court:
(a) ORDER the CANCELLATION of bail; and
(b) DIRECT the Office of the Clerk of Court to RELEASE to [Name of Depositor], the cash bail of ₱[amount] under O.R. No. [_____], after verification and subject to lawful deductions, if any.

[Optional] The cash bail may be applied to [fines/costs] in the amount of ₱[amount], with the balance to be refunded.

[City], Philippines, [date].

Counsel for the Accused
[Name, PTR, IBP, Roll No., MCLE, Address]

2) Motion to Cancel Surety Bond and Discharge Bondsman

…same caption…

MOTION TO CANCEL SURETY BOND AND TO DISCHARGE BONDSMAN

1. Accused was admitted to bail under Surety Bond No. [_____] issued by [Surety Company].

2. On [date], the Court [granted probation / issued Final Discharge / dismissed the case / acquitted Accused], thus no further appearance is required.

PRAYER: Cancel the surety bond and discharge [Surety Company] from liability.

3) Special Power of Attorney (SPA) to Claim Cash Bail

…standard SPA language…
I, [Depositor], hereby appoint [Representative] to claim and receive in my behalf the CASH BAIL posted under O.R. No. [_____], in Crim. Case No. [_____].

H. Checklist before you file

Photocopy of OR (bring original for sighting)
Order granting probation / final discharge / final dismissal / acquittal
ID of the depositor (and accused)
SPA/Deed of Assignment if a representative will receive the funds
Computation if asking to apply cash to fines/costs
Proof of probation assumption (certificate) if cancelling right after grant

I. FAQs

Is the refund automatic after discharge or dismissal? In theory cancellation is automatic; in practice the Clerk of Court needs an Order. File a short motion.

Can the accused get the refund if a parent posted the cash? Refund goes to the depositor named in the OR. Use an SPA if the depositor authorizes the accused to collect.

What if the OR is lost? File a Motion with Affidavit of Loss and ask the OCC for verification of the entry. Expect added checks.

Is there interest on the refunded cash? No. Courts return only the principal, less any lawful deductions (fines/costs).

We missed a hearing and the bond was forfeited, but later appeared. Move for remission of forfeiture showing just cause. Only after remission can you seek refund.

J. Bottom line

After probation is granted and assumed, or after Final Discharge, or after final dismissal/acquittal, the bail bond should be cancelled.
Cash bail: refunded to the depositor (minus any set-offs).
Surety bond: exonerated by order.
File a simple motion, bring the OR and IDs, and route the order to the Clerk of Court for release/cancellation.