Bail: Cash Bail

This is the most common form of bail. When fixing the amount for bail, the judge will consider the following factors:

1.) Accused's financial ability

2.) Nature and circumstances of the crime

3.) The crime's penalty

4.) Accused's character and reputation

5.) Health and age of the accused

6.) Weight of the evidence against the accused

7.) Accused's probability of appearing in court

8.) Forfeiture of other bail (if he's on bail for other crimes)

9.) Whether or not the accused was a fugitive from justice when he was arrested

10.) Other cases the accused is involved in where he's on bail

The amount is deposited with the nearest local government treasurer or BIR collector. It can also be paid to the court. A certificate of deposit will then be issued. Once the certificate and other requirements are submitted to the court, the court will be discharged from custody, but he's still subject to the conditions of the bail. The amount will be returned to the accused, regardless of whether he's convicted or acquitted.

If the accused isn't capable of posting a cash bail, he can put up a surety bail instead. The court can't reject the offer of sureties if the accused can't pay cash (Almeda vs. Villaluz, 66 SCRA 38.)