Article III
Article III:
BILL OF RIGHTS
Bill of Rights :
Section 1-11 :
RIGHTS of the PEOPLE
Section 12-22 :
RIGHTS of the ACCUSED
Section 13.
‘‘Right to bail’’
BAIL
To relieve an accused from imprisonment until his conviction and yet secure his appearance at the trial.
The right to bail is granted because in all criminal prosecutions, the accused is presumed innocent. May be in form of cash, property bond, secured from a surety company.
Who are entitled to bail?
All persons ACTUALLY
DETAINED shall, BEFORE
CONVICTION be entitled to bail Who are not entitled to bail? Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA or DEATH, when evidence of guilt is strong.
Persons CONVICTED by the trial court.
Persons who are members of the AFP facing a court trial.
Other rights in relation to bail:
The right to bail shall NOT be
impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
Factors considered in setting the amount of bail:
1.
2.
3.
4.
5.
Ability to post bail
Nature of the offense
Penalty imposed by law
Character and reputation of the accused
Health of the accused
6.
7.
8.
9.
Strength of the evidence
Probability of appearing at the trial
Forfeiture of previous bail bonds
Whether accused was a fugitive from justice when arrested
10.If accused is under bond in other cases NOTE:
•Right to bail is not available in the military. •Apart from bail, a person may attain provisional liberty through recognizance. Section 14.
‘‘Rights of an accused’’ Rights of a person charged with a criminal offense:
1. Right to due process of law
2. Right to be presumed innocent
3. Right to be heard by himself and counsel 4. Right to be informed of the nature and cause of the accusation against him 5. Right to have a speedy, impartial and public trial
6. Right to meet the witnesses face to face
7. Right to have compulsory process to secure the attendance of witnesses and the production of
BILL OF RIGHTS
Bill of Rights :
Section 1-11 :
RIGHTS of the PEOPLE
Section 12-22 :
RIGHTS of the ACCUSED
Section 13.
‘‘Right to bail’’
BAIL
To relieve an accused from imprisonment until his conviction and yet secure his appearance at the trial.
The right to bail is granted because in all criminal prosecutions, the accused is presumed innocent. May be in form of cash, property bond, secured from a surety company.
Who are entitled to bail?
All persons ACTUALLY
DETAINED shall, BEFORE
CONVICTION be entitled to bail Who are not entitled to bail? Persons charged with offenses PUNISHABLE by RECLUSION PERPETUA or DEATH, when evidence of guilt is strong.
Persons CONVICTED by the trial court.
Persons who are members of the AFP facing a court trial.
Other rights in relation to bail:
The right to bail shall NOT be
impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
Factors considered in setting the amount of bail:
1.
2.
3.
4.
5.
Ability to post bail
Nature of the offense
Penalty imposed by law
Character and reputation of the accused
Health of the accused
6.
7.
8.
9.
Strength of the evidence
Probability of appearing at the trial
Forfeiture of previous bail bonds
Whether accused was a fugitive from justice when arrested
10.If accused is under bond in other cases NOTE:
•Right to bail is not available in the military. •Apart from bail, a person may attain provisional liberty through recognizance. Section 14.
‘‘Rights of an accused’’ Rights of a person charged with a criminal offense:
1. Right to due process of law
2. Right to be presumed innocent
3. Right to be heard by himself and counsel 4. Right to be informed of the nature and cause of the accusation against him 5. Right to have a speedy, impartial and public trial
6. Right to meet the witnesses face to face
7. Right to have compulsory process to secure the attendance of witnesses and the production of