Coverage: when bail is barred
- Section 1 states that, notwithstanding any provision of existing law to the contrary, bail shall not be required for a person charged with:
- violation of a municipal or city ordinance, or
- a light felony and/or a criminal offense.
- Section 1 limits coverage to offenses whose prescribed penalty is not higher than six months imprisonment and/or a fine of two thousand pesos or both.
- Section 1 requires that the accused establish to the satisfaction of the court or any other appropriate authority that the accused is unable to post the required cash or bail bond.
- Section 1 requires the court or appropriate authority to apply these rules only when the accused has shown inability to post bail.
- Section 1 provides that these bail rules do not apply in the enumerated exceptions.
Exceptions: when bail is still required
- Section 1 requires bail despite the general rule when the accused is caught committing the offense in flagranti.
- Section 1 requires bail despite the general rule when the accused confesses to the commission of the offense, 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.
- Section 1 requires bail despite the general rule when the accused previously escaped from legal confinement, evaded sentence, or jumped bail.
- Section 1 requires bail despite the general rule when the accused previously violated the provisions of Section 2.
- Section 1 requires bail despite the general rule when the accused is a recidivist or a 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.
- Section 1 requires bail despite the general rule when the accused commits the offense while on parole or under conditional pardon.
- Section 1 requires bail despite the general rule when the accused has previously been pardoned by the municipal or city mayor for violation of a municipal or city ordinance for at least two times.
Substitution of bail: sworn reporting undertaking
- Section 2 provides that, instead of bail, the accused must sign in the presence of two witnesses of good standing in the community a sworn statement.
- Section 2 states that the sworn statement must bind the accused, pending final decision, to report to the Clerk of the Court hearing the case periodically every two weeks.
- Section 2 authorizes the Court, in its discretion and with the consent of the person charged, to require an additional condition placing the accused under the custody and subject to the authority of a responsible citizen in the community willing to accept responsibility.
- Section 2 requires that the affidavit include a statement that the accused binds himself to accept the authority of the citizen appointed by the Court.
- Section 2 directs the Clerk of Court to immediately report the presence of the accused to the Court.
- Section 2 provides that any violation of the sworn statement justifies immediate arrest when the accused does not report, unless the failure to report is for justifiable reasons, including circumstances beyond the accused’s control, to be determined by the Court.
- Section 2 provides that immediate arrest is avoided if the accused files bail in the amount forthwith fixed by the Court.
Application to pending cases
- Section 3 applies Republic Act No. 6036 to all persons who, at the time of its approval, are under temporary detention due to inability to post bail for charges contemplated by Section 1.
Penalties and consequences for breach
- Section 2 authorizes the Court to order the accused’s immediate arrest for violation of the sworn statement reporting requirement, subject to the justifiable reasons/beyond control determination by the Court.
- Section 2 provides an immediate corrective route: the accused may avoid the arrest by filing bail in the amount forthwith fixed by the Court.