6/7/2020
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considerations. The power of courts to restrict the travel of persons on bail is deemed a
necessary consequence of the conditions imposed in a bail bond.[19] In Manotoc v.
Court of Appeals[20] this Court explained:
Rule 114, Section 1 of the Rules of Court defines bail as the security
required and given for the release of a person who is in the custody of the
law, that he will appear before any court in which his appearance may be
required as stipulated in the bail bond or recognizance.
"Its object is to relieve the accused of imprisonment and the state of the
burden of keeping him, pending the trial, and at the same time, to put the
accused as much under the power of the court as if he were in custody of
the proper officer, and to secure the appearance of the accused so as to
answer the call of the court and do what the law may require of him."
The condition imposed upon petitioner to make himself available at all times
whenever the court requires his presence operates as a valid restriction on
his right to travel. As we have held in People v. Uy Tuising[:]
". . . the result of the obligation assumed by appellee (surety) to
hold the accused amenable at all times to the orders and
processes of the lower court, was to prohibit said accused from
leaving the jurisdiction of the Philippines, because, otherwise,
said orders and processes will be nugatory, and inasmuch as the
jurisdiction of the courts from which they issued does not extend
beyond that of the Philippines they would have no binding force
outside of said jurisdiction."
Indeed, if the accused were allowed to leave the Philippines without
sufficient reason, he may be placed beyond the reach of the courts.
"The effect of a recognizance or bail bond, when fully executed or filed of
record, and the prisoner released thereunder, is to transfer the custody of
the accused from the public officials who have him in their charge to keepers
of his own selection. Such custody has been regarded merely as a
continuation of the original imprisonment. The sureties become invested
with full authority over the person of the principal and have the right to
prevent the principal from leaving the state."[21] (Citations omitted)
Although Manotoc was decided under the 1973 Constitution, the nature and functions
of bail remain essentially the same under the 1987 Constitution.[22] Hence, the
principle laid down in Manotoc was reiterated in Silverio v. Court of Appeals[23] where
this Court further explained that:
Article III, Section 6 of the 1987 Constitution should by no means be
construed as delimiting the inherent power of the Courts to use all means
necessary to carry their orders into effect in criminal cases pending before
them. When by law jurisdiction is conferred on a Court or judicial officer, all
auxiliary writs, process and other means necessary to carry it into effect
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64165
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