OCA Reiterates Minimum Documentary Requirements for Posting Bail

The Office of the Court Administrator (OCA) has issued Circular No. 48-2026, reiterating the minimum documentary requirements for posting bail and reminding courts that administrative procedures must not impair the constitutional right to bail. Significantly, the Circular clarifies that a Motion to Post Bail or a Warrant of Arrest are not prerequisites to the posting of bail.

Citing OCA Circular No. 204-2022-AA, the Circular lists the documentary requirements for cash bail, corporate surety bonds, and property bonds. 

For cash bail, the mandatory documentary requirements include a Certified True Copy of the Information, the recommended bail amount, four (4) sets of the accused’s photographs (front, left, and right profiles) with his/her name and signature on the reverse side, the accused’s handprints or fingerprints (both left and right), a Barangay Certification intended for bail purposes, and a certified location plan or house sketch. An Undertaking and Waiver of Appearance must likewise be submitted, notarized or sworn before the Clerk of Court or Warden in case the accused is detained. A Certificate of Detention is required only when the accused is detained or has surrendered in a jurisdiction other than where the criminal case is pending.

For a corporate surety bond, the applicant must submit a photocopy of the surety company’s Certificate of Accreditation and Authority issued by the Court Administrator, together with the authorized agent’s photograph, Certified copy of Certificate of Accreditation and Authority issed by the Court Administrator, Copy of Certificate of Compliance with Circular No. 66 of the Insurance Commission, Proof of payment of legal fees under the Rules of Court and the documentary stamp tax and VAT under the NIRC, and Secretary Certificate containing the specimen signatures of the agents authorized to transact business with the courts. Likewise, four (4) sets of the accused’s photographs, a notarized Waiver of Appearance, original copy of the Certificate of Detention, Certified True Copy or Official Court Copy of the Information, and the required Certification from the Barangay Captain with an attached location plan must be submitted. 

Note that for both the cash bail and corporate surety bond the  Certificate of Detention is not required when the accused has opted to post bail before the court where the case is pending but has not voluntarily surrendered to the police nor under police custody.

For a property bond, the applicant must submit the Transfer Certificate of Title and the latest Tax Declaration covering the property together with the documentary requirements applicable to cash bail.

While any concerned branch may ask for any documentary requirements they deem fit and necessary, this should  not preclude the immediate processing of the bail application, if so warranted. The Circular reiterates that the practice of requiring the filing of a motion to post bail should be discontinued.