Filing a motion to post bail should not be required before courts accept bail applications, as the Office of the Court Administrator (OCA) reminded judges and clerks of court that the practice unnecessarily delays the exercise of the constitutional right to temporary liberty.
The reminder, contained in OCA Circular No. 48-2026 dated March 12, 2026, reiterates that courts should no longer require accused persons to file a motion to post bail or present a warrant of arrest before posting bail.
“The requirement of the filing of a motion to post bail is unnecessary and only impedes the right of an accused to immediately post bail and should be discontinued,” the circular stated.
It also directs courts to require only the minimum documentary requirements prescribed under OCA Circular No. 204-2022-AA.
The OCA said it had received reports that some first- and second-level courts continue to follow the “age-old practice” of requiring additional documents, including a motion to post bail or a warrant of arrest, before accepting bail applications.
According to the circular, the practice “impedes the accused from exercising his right to post bail and inevitably results to undue delay in the grant of temporary liberty.”
The OCA emphasized that the constitutional right to bail of persons entitled to it must not be impaired.
“As such, all are REMINDED of the documentary requirements as stated in OCA Circular No. 204-2022-AA dated November 21, 2022,” the circular stated.
The memorandum reiterated that courts should require only the minimum documentary requirements prescribed for cash bail, corporate surety bond, and property bond to ensure uniformity and ease of processing.
It added that while courts may require other reasonable documents when deemed necessary, doing so “should not preclude the immediate processing of the bail application, if so warranted.”
For cash bail, the memorandum reaffirmed that the minimum documentary requirements include a certified true copy of the information; photographs of the accused; fingerprints or handprints; a barangay certification stating the accused’s real name and residence; a certified location plan or house sketch; and, when applicable, a certificate of detention, an undertaking and waiver of appearance, and the court order fixing the amount of bail.
The circular likewise restated the documentary requirements for corporate surety bonds and property bonds under existing guidelines.
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