Application for bail
"My brother was arrested for allegedly committing a crime. However, I was informed that he has not been charged in court. Can he already apply for bail? If so, where should we file it?
The answer to your query is yes. Under the Revised Rules of Criminal Procedure, Section 17 (c) of Rule 14, it is stated that:“(c) Any person in custody who is not yet charged in court may apply for bail with any court in the province, city or municipality where he is held” (Emphasis supplied).
What entitles a person to bail is his being under the custody of the law. Thus, even if he has not been charged in court, he may apply for bail.As provided in the quoted rule, the application for bail shall be made with any court in the province, city or municipality where the person arrested is held.
In Ruiz vs Beldia Jr. (AM RTJ-02-1731, Feb. 16, 2005), penned by Associate Justice Consuelo Ynares-Santiago, the Supreme Court held that an application for Bail should be filed in the court where the accused is being detained if no formal charges is yet to be filed in court and not elsewhere, viz:“Concededly, a person lawfully arrested and detained but who has not yet been formally charged in court, can seek his provisional release through the filing of an application for bail. He need not wait for a formal complaint or information to be filed since bail is available to ‘all persons’ where the offense is bailable. xxx“(c) Any person in custody who is not yet charged in court may apply for bail with any court in the province, city, or municipality where he is held.“The Certificate of Detention issued by the PNP-TMG-SOD shows that Santos was detained at Camp Crame in Quezon City. Thus, as correctly pointed out by the OCA, the application for bail should have been filed before the proper Quezon City court and not in Marikina City.”
Due to your brother’s incarceration, he is already deemed under custody of the law, which would allow him to apply for bail (provided that the offense is bailable) in the court where he is currently being detained.We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our narration of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com."
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"Application for bail"
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and updated on 14 September 2021