Requirements for Personal Bail Bonds
- Personal bail bonds must be a written undertaking.
- The undertaking must be executed by at least two sufficient sureties.
- Sureties may be with or without the defendant, as determined by the court's discretion.
- The bond must be duly acknowledged.
Form and Contents of the Bail Bond
- The bond shall contain the following:
- Date and court where the complaint or information was filed.
- Name of the defendant and the offense charged.
- The amount of bail in pesos.
- The joint and several undertaking by sureties guaranteeing the defendant's appearance and compliance with court orders.
- Agreement to pay the stipulated bail sum upon the defendant's failure to comply with conditions.
Description of Sureties' Real Estate Security
- Sureties must encumber real estate as security for the bail amount.
- The bond must include detailed descriptions of the properties used as security:
- Location, boundaries, and size in square meters.
- Clear and absolute title held by the surety.
- Current assessment value and official receipt number.
- If the property is mortgaged or previously encumbered, the exact amount of encumbrance must be stated.
Affirmation Regarding Encumbrances
- The sureties must declare under oath whether the properties have prior encumbrances.
- The declaration must indicate if properties are free from previous pledges related to bail or other obligations.
Obligation to Notify Court of Property Dispositions
- Sureties are bound to notify the court at least five days in advance before transferring or disposing of the properties.
- This allows the court to take necessary action to protect government interests.
Formalities and Execution
- The bond must be signed by the sureties.
- It must be subscribed and sworn to before a competent official.
Effectivity of the Amendment
- The amendment takes effect upon approval on December 8, 1926.