LETTER OF INSTRUCTION NO. 40

: The Letter is addressed to the Secretary of Finance and the Secretary of Justice.
: Every bail bond must contain a stipulation that the surety, with the written conformity of the accused, agrees that if the accused jumps bail or fails to appear for trial despite due notice, the absence will be deemed an express waiver of the right to be present, allowing the court to proceed with the case as if the accused were present.
: If the accused absconds after posting bail, it is considered an express waiver of their right to be present at trial, and the court may proceed with the case in their absence.
: The surety agrees, with the written consent of the accused, that the accused’s failure to appear will be treated as a waiver of the right to be present, binding the surety to this agreement.
: Yes, all existing bail bonds must be recalled so that the required stipulation can be incorporated into them.
: They are directed to take all necessary actions to ensure the immediate effectivity of the provisions of the Letter, including recalling existing bail bonds for amendment and ensuring the inclusion of the stipulation in future bail bonds.
: It seeks to address delays in criminal trials caused by accused persons failing to appear for trial despite due notice, thereby preventing trial disruptions due to their absence.
: Yes, the stipulation requires the written conformity (consent) of the accused.