Daily Serving of Legal Matters

Generally, the right to bail "applies only when a person who has been arrested and detained for violation of Philippine criminal laws and does not apply to extradition proceedings."  However, jurisprudence has stated that a potential extraditee may, as a matter of exception, avail of bail upon a clear and convincing showing of lack of flight risk or danger, and of special, humanitarian, and compelling circumstances including, as a matter of reciprocity, those cited by the highest court in the requesting state when it grants provisional liberty in extradition cases therein.  (Rodriguez v. Presiding Judge of the Regional Trial Court of Manila Branch 17, G.R. No. 157977, 27 February 2006)

Under section 1 of Rule 114 of the Criminal Procedure, bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified.  Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance.