Bail requirements in PH

Bail is the security given for the release of a person in 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 corporate surety, property bond, cash deposit, or recognizance.[1]

The following are the minimum documentary requirements for bail:[2]

A. Cash Bail

Certified True Copy or Official Court Copy of the Information;

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;

Accused’s left and right handprints;

Barangay Certification intended for bail purposes, reflecting 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, Certificate of Detention showing the name, designation and signature of the personnel authorized to issue the said certificate where accused is detained;

Accused’s notarized Undertaking and Waiver of Appearance in accordance with Rule 114 of the Revised Rules of Criminal Procedure; and

Bail amount recommended or imposed by the Court

(Re #8) In case the Information states “Bail Not Required,” “Bail is Not Necessary” or “No Bail is Recommended,” or the bail imposed is more than or different from that which was recommended in the Information, certified copy of the Order stating the amount of the bail.

B. Corporate Surety Bond

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 as Copy of the Certificate of Accreditation and Authority containing the photograph of the agent), with the following attached documents:

Certified copy of a valid Certificate of Accreditation and Authority issued by the Office of the Court Administrator;

Proof of payment of legal fees under the Rules of Court and the documentary stamp tax (thirty centavos [P0.30] on each four pesos [P4.00] or fractional part thereof, of the premium charged;

Secretary Certificate containing the specimen signatures of the agents authorized to transact business with the courts.

Four(4)sets of photographs of the accused;

Original  Waiver of Appearance of accused under oath;

Original Certificate of Detention;

Certified True Copy or Official Court Copy of the Information; and

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.

C. Property Bond

Transfer Certificate of Title of the property;

The real property’s latest Tax Declaration; and,

All the documentary requirements under Cash Bail (See “A” above)

[1] Section 1, Rule 114. Rules of Court.

[2] OCA-Circular-No.-204-2022-AA.pdf (judiciary.gov.ph)