Acting on Applications for Bail During Weekends

January 25, 2023

OCA CIRCULAR NO. 30-2023

 

Bail is the security given for the release of a person in custody of the law, furnished by him/her or a bondsman, to guarantee his/her appearance before any court as required under the conditions hereinafter specified. 1 Essentially, before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment, 2 bail is a matter of right. The right to bail is enshrined in no less than the Constitution, 3 without qualification as to when or what day the application for bail shall be acted upon.

As such, a person incarcerated during the weekend when government offices and courts are closed shall not be made to suffer prolonged detention as a consequence thereof. The Court enunciated in the case of Rodriguez vs. Hon. Noel, Jr., 4 that neither the law nor the rules should prevent judges from acting on bail applications submitted to them on a weekend, viz.:

"In short, while the petition for bail was filed with the OCC only on June 29, 2015 [Monday], the application for bail and comment thereon by the City Prosecutor had been submitted to and considered by respondent [Executive Judge] on June 28, 2015 [Sunday] before he issued the order for the temporary release of the accused. There is nothing in the law or the rules that prevented respondent [Executive Judge] from acting on the bail application submitted to him on a weekend. Accordingly, respondent acted in accordance with the rules in granting the application for bail." (underscoring and editing supplied)

For information and guidance.

(SGD.) RAUL B. VILLANUEVACourt Administrator

Footnotes

1. Rule 114, Section 1. Bail defined. The Revised Rules of Court in the Philippines (as amended).

2. Section 4. Bail, a matter of right; exception., ibid.

3. Section 13, Article III, Bill of Rights.

4. A.M. No. RTJ-18-2525 (Formerly OCA IPI No. 15-4435-RTJ). June 25, 2018, Perlas-Bernabe, J.