MONOLOGUE

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Section 13 RIGHTS TO BAIL

All persons, except those charged with offenses punishable by reclusion Perpetua when evidence of guilt is strong, shall,
before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. 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.

There are 4 types of Bail in the Philippines: Cash, Property, a Surety Bond, or a Waiver of Payment on the condition that the
accused appear in court when needed Recognizance.

After you are acquitted, you can withdraw the full amount of cash less a transaction fee. Property for the full amount of the
Bail Amount can also be given. Surety bonds require the non-refundable payment of a percentage of the total value of the
Bail Amount. For a Bail of Php 10,000, you might need to pay only Php 2,000. For Surety bonds, remember that you will also
renew upon expiration. Recognizance is governed by RA 10389.

Recognizance allows the release of a person who cannot post bail due to inability to pay. It can be granted by the court upon
proof of indigency from the Barangay. However, Recognizance is harder to avail of vs other types of bail. Recognizance must
be requested from the court, requires proof of indigency and must be approved of by the mayor. Recognizance requires a
lot of coordination. So, also consider the work involved when trying for Recognizance – it requires some effort and time.

Your Right to Bail in the Philippines is because you are presumed innocent until proven guilty and is a fundamental part of
the law. You can be denied Bail if the offense’s penalty is Reclusion perpetua or life imprisonment. You may be denied Bail
in the Philippines if you were convicted at the Regional Trial Court. You can also be denied Bail when you are waiting for
your case to be tried at the Court of Appeals and if the Regional Trial Court converted your offense from a Non-Bailable to a
Bailable Offence.

The primary purpose of bail is to guarantee the defendant's appearance in court.

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