RECENTLY, NEWS involving the arrest of former news anchor Jay Sonza caught public attention not only because of his arrest for alleged unlawful utterances under the Revised Penal Code, but also because of one particular phrase written in the arrest warrant:
“NON-BAILABLE”
This quickly triggered reactions online. Netizens instantly assumed that the offense charged was so grave that no bail could ever be granted. However, the court that issued the warrant later rectified the error.
That incident became an important reminder that many Filipinos still misunderstand the concept of bail or piyansa.
A lot of people think that bail is viewed as an escape route for the rich. Others think that once a person is arrested, release automatically depends on the kindness of the judge. Some even believe that all crimes are bailable.
We have to debunk these assumptions as they are inaccurate.
Under Philippine law, bail is not simply a privilege. In many situations, it is a constitutional right.
The 1987 Philippine Constitution provides under Article III, Section 13 that:
“All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable…”
That constitutional provision is the very foundation of the right to bail in the Philippines. As a matter of fact, bail is the security given for the temporary release of a person in custody of the law, guaranteeing that the accused will appear before the court whenever required.
The purpose of bail is not to erase criminal liability. It is also not an acquittal.
Bail simply balances two important interests: the constitutional presumption of innocence and the State’s interest in ensuring that the accused appears during trial. After all, under our Constitution, a person accused of a crime is presumed innocent until proven guilty beyond reasonable doubt.
That is why, as a general rule, an accused person may apply for bail while the criminal case is pending before the court.
Let us now discuss the four types of bail under the Rules of Court.
First is corporate surety bond. This happens when an accredited bonding company assures the appearance of the accused in court. Instead of personally depositing the full amount of bail, the accused pays a premium to the bonding company, which then undertakes the obligation before the court.
Second is property bond. Here, real properties such as a parcel of land may be used as security for bail. The property must usually be sufficient in value and free from encumbrances.
Third is cash bond. This is probably the most familiar form to ordinary Filipinos. The accused deposits cash with the court in the amount fixed as bail. Once the case ends and all court obligations are complied with, the cash bond may generally be returned or released.
Fourth is recognizance. This is the release of a person without the need to post cash or property, based merely on a written undertaking by a responsible person in the community guaranteeing the appearance of the accused in court. Under Recognizance Act of 2012, it is “a mode of securing the release of any person in custody or detention for the commission of an offense who is unable to post bail due to abject poverty.”
The law also states that “the court where the case of such person has been filed shall allow the release of the accused on recognizance as provided herein, to the custody of a qualified member of the barangay, city or municipality where the accused resides.”
Now, let us go to one of the most important distinctions in criminal procedure: bail as a matter of right and bail as a matter of discretion.
Bail as a matter of right means the accused is entitled to bail. Generally, all persons in custody shall have the right to bail (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment.
On the other hand, bail as a matter of discretion means the court has the authority to decide whether bail should be granted based on circumstances provided by law and jurisprudence. This is normally applicable upon conviction by the Regional Trial Court for offenses not punishable by death, reclusion perpetua or life imprisonment.
In such cases, the court considers factors such as the risk of flight, the accused’s behavior during trial, and other relevant circumstances under the Rules of Court.
Now, what crimes are considered non-bailable?
Contrary to common belief, it is not merely the title of the offense that matters. Under the Constitution, the crucial consideration is whether: the offense is punishable by reclusion perpetua, life imprisonment, or death; and the evidence of guilt is strong.
Thus, offenses like rape, murder, serious illegal detention, or other illegal drug-related crimes may become non-bailable if the evidence of guilt is strong. While the accused may file a petition for bail, the court must still conduct a hearing to determine whether the evidence of guilt is indeed strong.
Ultimately, the law on bail shows a deeper principle in a democratic society: A criminal accusation alone does not automatically erase the constitutional rights of a person.
The justice system punishes guilt — but only after due process, fair trial, and proper determination by the courts. Until then, the Constitution continues to recognize the presumption of innocence and, in proper cases, the right to temporary liberty through bail.
Class dismissed!