Documentary Requirements for Bail

One of the major and unnecessary causes of prolonged pretrial detention is the numerous documentary requirements for bail. In one RTC court, it listed 16 documents that need to be produced by the detained accused and their family members. Based on our ongoing research , many of the indigent families cannot produce these documents and many simply give up after they are lost in the bureaucratic maze. Further research suggests that almost 50 percent of the detainees are bailable but cannot be released thus contributing to congestion. Added to this is the delay in the trial proceedings due to postponement of hearings, and now , it leads to costly expenses for the government for food budget alone.

The Supreme Court and the Office of Court Administrator should review these documentary requirements. Our research also discovered that each trial court has its own rules on bail, with some requiring even more documents to produce. There should uniform but simple mechanisms to produce bail. Our research suggests that upon arrest by the police, the courts should immediately conduct a custodial hearing within 36 hours and determine: one, if the accused can be released on bail though a simple promise to appear; or two, should be preventively detained due to risk of flight .

These unnecessary documents should be reviewed and be done away with. It simply hinders access to justice.

Update:

The Office of the Court Administrator has issued a Circular on Bail Documentary requirements. However, based on our review of actual practices, courts from different jurisdictions include additional requirements that make it harder for detained accused to post bail. Many more jurisdictions should be made aware of this Circular. Paralegal officers of the Bureau of Jail Management and Penology and the provincial jails should be informed of this Circular as well. They should advocate in behalf of the detained accused and they should facilitate the earliest release of the PDLs.

You may review OCA Circular No. 204-2022-AA here.