Philippine Laws -Simplified | Free Legal Advice

Welcome! 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!

Bail: When Not Required

Wednesday, October 2, 2013

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.

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