Folks! There are changes in the requirements for posting Bail. The Office of the Court Administrator, Supreme Court of the Philippines, recently issued a Memorandum Circular OCA CIRCULAR NO. 204-2022-AA dated 21 November 2022 (“New OCA Circular on Bail”) which enumerates the minimum documentary requirements for the posting of Cash, Surety, and Property Bonds, and for the posting of bail involving an accused with multiple cases in court. Posting of Bail can be Cash, Insurance, or Surety Bond and Property Bond.
Posting of Bail is done by going to the Court Branch where the case is pending and submitting all the requirements for Bail. The Court staff will evaluate the submission and if they are in order, the Court staff will accompany the “bailor” or “pyansador” to the Court Cashier with the original case records to pay the amount of recommended Bail. An Official Receipt will also be issued by the Court Cashier after payment.
Posting of Cash Bail
The requirements for posting Cash Bail are as follows:
1. Certified True Copy or Official Court Copy of the Information.
2. Four (4) sets of the accused’s picture showing his/her front, left, and right profiles, with the name and signature of the accused at the back of each picture;
3. Accused’s left and right handprints or fingerprints;
4. Barangay Certification intended for bail purposes, reflecting the accused’s real name and residence;
5. Location plan or house sketch of the accused as certified by the barangay;
6. In case the accused is detained, or when he/she 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.
7. 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, in case the accused is detained or imprisoned; and
8. Bail amount recommended or imposed by the Court;
In my experience, if the accused is a foreigner, there are trial court judges who require the accused to surrender the original passport to the Court, though the accused will post a cash bond and not ask the Court to reduce the recommended Bail bond. Trial Court Judges are allowed under the New OCA Circular on Bail to ask for other reasonable documentary requirements, as they deem fit and necessary. But this should not preclude the immediate processing of the bail application if warranted.
The Certificate of Detention will not be necessary when the accused has opted to post bail before the court where the case is pending but has not voluntarily surrendered to the police or is in any manner not under police custody. Other RTC Courts do not allow voluntary surrender by the accused and require the accused to surrender to the Police.
Posting Corporate Surety Bond
By Administrative Matter No. 04-7-02-SC or the “Guidelines on Corporate Surety Bonds,” in criminal cases, the following documentary requirements shall be attached to the Bond:
1. Photocopy of the Certificate of Accreditation and Authority issued by the Court Administrator containing the photograph of the authorized agent (after presentation to the Clerk of Court of the original copy thereof as a Copy of the Certificate of Accreditation and Authority containing the photograph of the agent), with attached documents as stated in Item Nos. V (A.4) (A.4.a) to (A.4.c) and (A.4.e) in Administrative Matter No. 04-7-02-SC;
2. Four(4)sets of photographs of the accused;
3. Original copy of the Waiver of Appearance of the accused under oath;
4. Original copy of the Certificate of Detention, unless not required per the situation mentioned in (6)Posting of Cash Bail;
5. Certified True Copy or Official Court Copy of the Information; and,
6. 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.
Not all Bonding Companies are allowed to post a corporate surety bond. The Bonding Company that will post a corporate surety bond must be accredited by the Supreme Court. The list of accredited bonding companies duly accredited by the Supreme Court as of February 1, 2023, to July 31, 2023, can be found here.
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 of Property Bond
1. Transfer Certificate of Title of the property;
2. The real property’s latest Tax Declaration; and,
3. All the documentary requirements for Posting Cash Bail.
To be honest, in my more than 25 years of experience in criminal litigation, I still have not tried posting a Property Bond for the accused. The posting of Property Bonds rarely happens.
Posting Bail for accused with multiple cases.
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.
Let us change the scenario a little bit more. If the accused was charged with the crime for Acts of Lasciviousness, say in Manila, and was raffled to RTC Branch in Manila, say RTC Branch 43, Manila. In this case, the original documents for the application of bail should be submitted including the Barangay Certificate of Residence and House Sketch.
Hope this helps. If you need further legal assistance, please do not hesitate to contact us.