Tuesday, January 12, 2010

Right to Bail and Against Excessive Bail (Sec. 13, Art III)

Bail is the security required by a court and given for the provisional or temporary release of a person who is in the custody of law conditioned upon his appearance before any court under the conditions specified.

The right to bail is available to any person arrested, detained, or otherwise deprived of his liberty, whether or not an information or criminal complaint has been against him. However, persons charged with offenses punishable by reclusion perpetua when evidence of guilt against him is strong cannot avail of the right to bail.

The determination of the reasonableness of the amount of the bail is within the discretionary power of the court. In fixing the bail, the court should take into consideration the nature of the offense, the penalty imposed by law for the offense, the probability of guilt, and the financial condition of the accused.

As of now, there is no jurisprudence which clearly states the amount that should be considered as excessive bail.

3 comments:

  1. I like your blog sir.
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    God bless.

    Thanks,
    Orville

    ReplyDelete
  2. I really understand it. Thanks. It helped me a lot.

    ReplyDelete