Bail: When Not Required

Bail will not be required in any of the following instances:

1.) The accused has been in custody for a period equal to or greater than the prison term of his offense

2.) If the crime is a violation of a city or municipal ordinance and/or a light felony with a prison term of not more than 6 months and/or a Php2,000 fine and the accused has proven that he can't post bail except if:

a.) He was caught in flagrante delicto

b.) He jumped bail, escaped from legal custody or evaded sentence

c.) He is a recidivist/habitual delinquent or had previously been convicted of a crime which the law/ordinance imposes an equal or greater penalty or for 2 or more crimes with a lighter penalty

d.) He commits a crime while on parole or conditional pardon or if he was previously pardoned by the municipal/city mayor for violation of ordinances at least twice

3.) Cases covered by the Rule on Summary Procedure (the court won't order the accused's arrest unless he fails to appear when summoned)

4.) Crimes punishable by destierro (there's only preventive imprisonment for 30 days)

Bail is also not available to members of the military, regardless of rank. This is for national security reasons.