I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
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.)
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