Title
Bail Bonds: Waiver If Accused Absent at Trial
Law
Letter Of Instruction No. 40
Decision Date
Nov 10, 1972
Letter of Instructions No. 40 mandates the inclusion of a stipulation in all bail bonds, allowing the court to proceed with the case as if the accused were present if they jump bail or fail to appear for trial, serving as a deterrent for accused individuals to abuse their right to provisional release.
A

Mandatory Bail Bond Stipulation

  • Every bail bond for provisional release must include a specific stipulation.
  • The surety, with the accused's written consent, agrees that if the accused fails to appear for trial despite due notice or "jumps bail," this is considered an express waiver of the accused's right to be present.
  • This waiver authorizes the court to proceed with the trial as if the accused were present.

Recall and Amendment of Existing Bail Bonds

  • All existing bail bonds are to be recalled.
  • The recall is for the purpose of inserting the mandated stipulation regarding waiver of the right to be present upon failure to appear.

Implementation Responsibilities

  • The Secretaries of Finance and Justice are tasked to take all necessary actions to immediately enforce this directive.
  • Ensures coordinated implementation across relevant government agencies.

Legal Implications

  • Accelerates judicial proceedings by preventing stalling tactics.
  • Upholds the court's authority to continue trials in absentia under specified conditions.
  • Protects the interest of the judicial system and society by minimizing unnecessary delays caused by absences of accused individuals.

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