Growing up and up until now, I often heard people saying: “Tapos na ang kaso kaan diretso, may pangpiyansa kaya an” or “Nagkabayadan na, nagpiyansa na”. Indeed, laymen have a lot of misconceptions regarding the nature and purpose of bail or in Filipino “piyansa”. Thus, I deemed it necessary to prioritize this topic and make it one of my earlier entries in this space in order to address these misconceptions.
What is bail or piyansa? It is neither a means to put an end to a litigation in criminal cases nor a form payment for settlement, damages or civil liability.
Bail, as defined under Section 1, Rule 114 of the Rules on Criminal Procedure, is the security given for the release of a person under custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of cash deposit, property bond, corporate surety or recognizance. A bondsman is the one who posted the bail of, or in favor, the accused if the latter did not post it by himself.
Section 2, Rule 114 of the Rules states that all kinds of bail are subject to the following conditions: (1) The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all stages of the case until promulgation of the judgment of the Regional Trial Court, irrespective of whether the case was originally filed in or appealed to it; (2) The accused shall appear before the proper court whenever required by the court or these Rules; (3) The failure of the accused to appear at the trial without justification and despite due notice shall be deemed a waiver of his right to be present thereat. In such case, the trial may proceed in absentia; and (4) The bondsman shall surrender the accused to the court for execution of the final judgment. Emphasis on item 2 as the main purpose of bail is to ensure that the accused will appear in court when required.
The 1987 Constitution of the Philippines guarantees every accused’s right to bail except those charged with offenses punishable by life imprisonment or reclusion perpetua (20 years and 1 day to 40 years of imprisonment) when the evidence of guilt is strong. To be sure, before conviction, every person is entitled to bail as a matter of right unless, he or she is charged with a capital offense and the evidence of guilt is strong. The right to bail is cognate or related to the fundamental right to be presumed innocent. It is a reconciling mechanism to accommodate both the accused’s provisional liberty and the society’s interest in assuring the accused’s presence at trial. (G.R. No. 247611, January 13, 2021)
In fixing the reasonable amount of bail, the following factors shall be considered: (1) Financial ability of the accused; (2) Nature and circumstances of the offense; (3) Penalty for the offense charged; (4) Age and health of the accused; (5) Weight of evidence; (6) Probability of the accused appearing at trial; (7) Forfeiture of other bail; (8) That the accused is a fugitive when arrested; and (9) Pendency of other cases where the accused is on bail. Excessive bail shall not be required (Section 9, Rule 114, Rules of Court)
However, the Department of Justice, thru Department Circular 011, mandates that in cases involving indigent the bail shall be set on fifty percent (50%) of the recommended bail as stated in the 2018 Bail Bond Guide or the amount of Php 10,000.00, whichever is lower. Such measure aims to aid detainees who are unable to afford the amount of bail recommend as well as address the overpopulation and congestion problem of jails and detention facilities.
To reiterate, in cases where the offense charged is punishable by life imprisonment or reclusion perpetua, bail is a matter of discretion. Meaning, the court where the case is pending shall first make a determination whether the evidence against the accused is strong or not. If the court, after hearing, determines that the evidence of guilt is weak, it shall fix the amount of bail and allow the accused to be provisionally released.
Nevertheless, the Supreme Court, in the case of Enrile vs Sandiganbayan (G.R. no. 213847), relaxed such rule. In granting Manong Johnny’s petition and ordering his provisional liberty upon posting the cash bond without assessing the evidence against him, the Court explained, to wit:
“This national commitment to uphold the fundamental human rights as well as value the worth and dignity of every person has authorized the grant of bail not only to those charged in criminal proceedings but also to extraditees upon a clear and convincing showing: (1) that the detainee will not be a flight risk or a danger to the community; and (2) that there exist special, humanitarian and compelling circumstances.
In our view, his social and political standing and his having immediately surrendered to the authorities upon his being charged in court indicate that the risk of his flight or escape from this jurisdiction is highly unlikely. His personal disposition from the onset of his indictment for plunder, formal or otherwise, has demonstrated his utter respect for the legal processes of this country. We also do not ignore that at an earlier time many years ago when he had been charged with rebellion with murder and multiple frustrated murder, he already evinced a similar personal disposition of respect for the legal processes, and was granted bail during the pendency of his trial because he was not seen as a flight risk. With his solid reputation in both his public and his private lives, his long years of public service, and his history’s judgment of him being at stake, he should be granted bail.
The currently fragile state of Enrile’s health presents another compelling justification for his admission to bail, but which the Sandiganbayan did not recognize.” (G.R. no. 213847)
To sum it all up, bail or piyansa is simply a security given by the accused (or his bondsman) for his or her temporary liberty while his or her case is being heard and tried in court. It does not put an end to a criminal prosecution or absolve the accused from the legal consequences of the crime he or she allegedly committed. More so, the bail posted (e.g. cash deposit) shall be returned to the accused at the end of the trial or during the promulgation of judgment, whatever the results may be, as long as he or she faithfully complied with the conditions of such bail particularly to appear before the court when so required.