CBF 5

Motion for Bail

Original Court, 1st Copy Prosecutor, 2nd Copy Accused, Other copies as needed
Enter information in block letters in all parts of the Form except when reserved for Court use, which shall be
completed by the Clerk.

For Court Use Only

(Judicial Region)

METC/MTCC/MTC/MCTC Case No.
RTC

(Municipality/City/Province)

BRANCH

People of the Philippines , v.

,
Accused.

ATTORNEY OR PARTY WITHOUT ATTORNEY

Name
Firm Name
Address
Email Address
Tel./Cel./Fax Nos.
PTR No. Date/Place of Issuance
Roll No. Date/Place of Issuance
IBP No. Lifetime Date/Chapter
MCLE Compliance Exemption No.

Other Compliances

Attorney for
Prosecution: Public Prosecutor Private Prosecutor
Defense: Public Attorney Private Counsel
Other

MOTION FOR REDUCTION OF BAIL

Accused states:

1. The accused is charged with the crime/s of .

2. The accused is entitled to bail as a matter of right.
3. However, the amount set for bail is beyond the accuseds financial
capacity to post. Attached as Annex/es is/are evidence of the accuseds lack
of financial capacity. Other reason/s .
4. The accused prays that s/he be allowed to post bail in the reduced amount of
P in the form of cash surety bond property bond.
5. If granted, the accused undertakes to appear whenever required by the Court.

Name and Signature of Counsel Accused

MOTION FOR REDUCTION OF BAIL Page 1 of 3

 CBF 5
Motion for Bail

PROOF OF SERVICE

A copy of this Motion was served upon parties and/or their counsel(s) on via
Personal Service
Facsimile or other Electronic Means

and received by the parties and/or their counsel(s) on .

Proof of such service is attached to this Motion as Annex .

Date Party/Partys Counsels Signature

NOTICE OF HEARING

Public Prosecutor
Address

GREETINGS: Please take notice that the foregoing Motion shall be submitted for the
consideration and approval of the Honorable Court on at .

Counsel for Accused

PUBLIC PROSECUTORS COMMENT

No objection.
No objection provided posted in cash.
I object because .

Name & Signature of Public Prosecutor

ORDER

The motion is

granted
without objection despite the objection of the public prosecutor. The
accused is allowed to post bail in the amount of P in the form of
cash surety bond property bond.

denied because (state ground).

Judge Date

MOTION FOR REDUCTION OF BAIL Page 2 of 3

 CBF 5
Motion for Bail

COPY FURNISHED

Persons Name Method Place Served Date

Served
Personal Service
Trial Prosecutor Courier Service
Facsimile, Email, SMS
Personal Service
Counsel for Accused Courier Service
Facsimile, Email, SMS
Personal Service
Private Complainant Courier Service
Facsimile, Email, SMS
Personal Service
Accused Courier Service
Facsimile, Email, SMS
Personal Service
Courier Service
Facsimile, Email, SMS
Personal Service
Courier Service
Facsimile, Email, SMS

SPECIAL INSTRUCTIONS

Bail as a Matter of Right

All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on
recognize as prescribed by law or this Rule (a) before or after conviction by the Metropolitan Trial Court,
Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before
conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life
imprisonment (Section 4, Rule 114, ROC)

Amount of Bail
The judge who issued the warrant or granted the application shall fix a reasonable amount of bail
considering primarily, but not limited to, the following factors:
(a) Financial ability of the accused to give bail;
(b) Nature and circumstances of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
(i) The fact that accused was a fugitive from justice when arrested; and
(j) Pendency of other cases where the accused is on bail.
Excessive bail shall not be required (Section 9, Rule 114, ROC)

Capital offense of an offense punishable by reclusion perpetua or life imprisonment, not bailable.
No person charged with a capital offense, or an offense punishable by reclusion perpetua or life
imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the stage of the
criminal prosecution. (Section 7, Rule 114, ROC)

Burden of proof in bail application

At the hearing of an application for bail filed by a person who is in custody for the commission of an
offense punishable by death, reclusion perpetua, or life imprisonment, the prosecution has the burden of
showing that evidence of guilt is strong. The evidence presented during the bail hearing shall be
considered automatically reproduced at the trial, but upon motion of either party, the court may recall any
witness for additional examination unless the latter is dead, outside the Philippines, or otherwise unable to
testify (Section 8, Rule 114, ROC)

When Amount of Bail may be Reduced

If the accused does not have the financial ability to post the amount of bail initially fixed, he may move
for its reduction, submitting for that purpose such documents or affidavits as may warrant the reduction
he seeks. The hearing of this motion shall enjoy priority in the hearing of cases. (Section 3, A.M. No. 12-
11-2-SC)

MOTION FOR REDUCTION OF BAIL Page 3 of 3