Important Changes to Posting Bail in the Philippines
Attention everyone! There have been changes to the requirements for posting bail. The Office of the Court Administrator, Supreme Court of the Philippines, has recently issued Memorandum Circular OCA CIRCULAR NO. 204-2022-AA dated 21 November 2022 (referred to as the “New OCA Circular on Bail”). This circular details the minimum documentary requirements for posting Cash, Surety, and Property Bonds, as well as for posting bail for an accused individual with multiple cases in court. Bail can be posted in the form of Cash, Insurance, Surety Bond, or Property Bond. To post bail, you must go to the Court Branch where the case is pending and submit all the necessary requirements. The Court staff will review the submission and if everything is in order, they will accompany the “bailor” or “pyansador” to the Court Cashier with the original case records to pay the recommended bail amount. The Court Cashier will then issue an Official Receipt after payment.
Posting Cash Bail
If you decide to post a cash bail, please see below the requirements, thus:
- Certified True Copy or Official Court Copy of the Information.
- Four (4) sets of the accused’s pictures showing his/her front, left, and right profiles, with the name and signature of the accused at the back of each picture.
- Accused’s left and right handprints or fingerprints.
- Barangay Certification intended for bail purposes, reflecting the accused’s real name and residence.
- Location plan or house sketch of the accused as certified by the barangay.
- In case the accused is detained, or voluntarily surrenders to the police in a place different from the location of the court where the case is pending, a Certificate of Detention showing the name, designation, and signature of the personnel authorized to issue the said certificate where the accused is detained.
- Accused’s Undertaking and Waiver of Appearance by Rule 114 of the Revised Rules of Criminal Procedure, notarized or sworn before the Clerk of Court or before the Warden if the accused is detained or imprisoned.
- Bail amount recommended or imposed by the Court. In some cases, if the accused is a foreigner, trial court judges may require the accused to surrender the original passport to the Court, even if the accused posts a cash bond without asking the Court to reduce the recommended Bail bond.
Please note that trial court Judges are allowed to ask for other reasonable documentary requirements as they deem fit and necessary under the New OCA Circular on Bail. However, this should not delay the processing of the bail application if warranted. The Certificate of Detention will not be necessary when the accused opts to post bail before the court where the case is pending but has not voluntarily surrendered to the police or is not under police custody.
Posting Property Bond
To be honest, in my more than 25 years of experience in criminal litigation, I have never posted a Property Bond for the accused. The posting of Property Bonds rarely occurs. The requirements are as follows:
- Transfer Certificate of Title of the property;
- The real property’s latest Tax Declaration; and,
- All the documentary requirements for Posting Cash Bail.
Posting Surety Bond
In accordance with Administrative Matter No. 04-7-02-SC, also known as the “Guidelines on Corporate Surety Bonds,” the bond in criminal cases must include the following documentary requirements:
- A photocopy of the Certificate of Accreditation and Authority issued by the Court Administrator, which contains the photograph of the authorized agent.
- Four sets of photographs of the accused.
- The original copy of the Waiver of Appearance of the accused under oath.
- The original copy of the Certificate of Detention, unless not required as specified in the situation described in (6) Posting of Cash Bail.
- A Certified True Copy or Official Court Copy of the Information.
- Certification from the Barangay Captain attesting to the real name of the accused, his actual residence in the barangay, and attaching a location plan showing the residence of the accused.
It’s important to note that not all bonding companies are permitted to post a corporate surety bond. The bonding company must be accredited by the Supreme Court to do so. For the list of accredited bonding companies, please refer to the official list issued by the Supreme Court, valid from February 1, 2023, to July 31, 2023.
It is a daunting task for foreigners availing the services of Bonding Companies. The requirements and obligations imposed by most Bonding companies to the accused who is a foreigner are very difficult to comply with. I would rather suggest that they post cash bail to avoid delay.
Posting bail for Multiple cases
If an accused with multiple pending applications for bail has already posted bail in a previous case, and wants to post bail for a new case in the same court, they must simply reproduce and certify as true copies the original documents submitted by the Clerk of Court of the previous court. If the case has been raffled to a different RTC Branch, the original documents submitted in the prior court that resulted in a successful bail application shall be reproduced by the accused and certified as true copies by the Clerk of Court or Acting Clerk of Court/Officer-in-Charge of the previous court to be submitted to the new court.
For an accused with multiple pending applications for bail. For instance, if the accused has been charged with Illegal Possession of Firearm in Branch 59 Makati City and another crime for Acts of Lasciviousness also in the same Court. Granting that the accused has already posted bail in the case for illegal possession of firearm, and if the accused wanted to post bail for the Acts of Lasciviousness case, he is no longer required to present other original documentary requirements such as the Barangay Certificate of Residence and House Sketch. Instead, the original documents initially submitted in the same court shall simply be reproduced and certified as true copies by the Clerk of Court of RTC Branch 59 for the processing of the accused’s bail application.
Let us change the scenario. If the accused was charged with the crime of Acts of Lasciviousness and was raffled to another RTC Branch in Makati City, say RTC Branch 60, the original documents that were submitted in RTC Branch 59 which resulted in the successful bail application shall be reproduced by the accused and certified as true copies by the Clerk of Court or Acting Clerk of Court/Officer-in-Charge of RTC Branch 59 to be submitted to RTC Branch 60.
Hope this helps. If you need further legal assistance, please do not hesitate to contact us at mobile +639175002878 or email us at inquiries@guzmanacain.com.
Let’s Talk.