QuestionsQuestions (Republic Act No. 6036)
Bail shall not be required for a person charged with violation of a municipal or city ordinance, or a light felony and/or criminal offense whose prescribed penalty is not higher than arresto mayor and/or a fine of two thousand pesos (or both), if the accused is unable to post the required cash or bail bond, as established to the satisfaction of the court or appropriate authority.
The prescribed penalty for the offense must not be higher than arresto mayor and/or a fine of two thousand pesos (or both). In effect, the law text also references “six months imprisonment and/or a fine of two thousand pesos.”
The accused must establish to the satisfaction of the court or the appropriate authority that he is unable to post the required cash or bail bond.
Under Section 1, bail may still be required if: (a) caught committing the offense in flagranti; (b) confesses unless later repudiated as extracted through force or intimidation; (c) previously escaped from legal confinement, evaded sentence, or jumped bail; (d) previously violated Section 2 provisions; (e) recidivist/habitual delinquent or previously convicted for equal or greater penalty offense, or two or more offenses with lighter penalties; (f) commits the offense while on parole or under conditional pardon; and (g) previously pardoned by the municipal or city mayor for ordinance violations at least two times.
If the accused is caught committing the offense in flagranti, the bail exemption does not apply and bail may be required.
A confession is an exception to the bail exemption, unless the confession is later repudiated by the accused in a sworn statement or in open court as having been extracted through force or intimidation.
If the accused previously escaped from legal confinement, evaded sentence, or jumped bail, bail exemption under RA 6036 does not apply.
Section 2 requires the accused to submit a sworn statement and comply with periodic reporting (every two weeks), and possibly custody by a responsible citizen if required. Prior violation of those obligations is an exception to the bail exemption.
If the accused is found to be a recidivist or habitual delinquent, or has been previously convicted for an offense to which the law or ordinance attaches an equal or greater penalty, or for two or more offenses to which it attaches a lighter penalty, the bail exemption will not apply.
No. Committing the offense while on parole or under conditional pardon is explicitly an exception, meaning bail exemption does not apply.
At least two times (the accused must have previously been pardoned by the municipal or city mayor for violation of a municipal or city ordinance for at least two times).
Instead of bail, the accused must sign in the presence of two witnesses of good standing in the community a sworn statement binding himself, pending final decision of his case, to report to the Clerk of Court periodically every two weeks.
The court may, in its discretion and with the consent of the person charged, require that he be placed under the custody and subject to the authority of a responsible citizen in the community who may be willing to accept responsibility.
Except when failure to report is for justifiable reasons including circumstances beyond his control (to be determined by the court), any violation justifies the court to order his immediate arrest unless he files bail in the amount forthwith fixed by the court.
It applies to all persons who, at the time of its approval, are under temporary detention for inability to post bail for charges contemplated by Section 1.
The clerk of court must immediately report the presence of the accused person to the court.
RA 6036 aims to avoid requiring cash bail for minor offenses when the accused cannot afford bail, while still ensuring court appearance through periodic reporting and, if needed, custody under a responsible citizen—otherwise the accused may be arrested or required to post bail.