can I post bail even if not yet arrested?

hi, a complaint of estafa was filed against me. I did not file a counter affidavit. I want to post bail immediately before I get arrested. I dont want to be humiliated. I dont want to be seen handcuffed by the police. Is it possible? If yes, how will I post bail? thanks a lot. pls reply asap

hi chris, Im not sure but I think it would be premature, not to say incongruous, to file a petition for bail for someone whose freedom has yet to be curtailed. Maybe you should wait first for the information to be filed in court then you surrender yourself to the authorities and at thesame time file a petition for bail before your warrant of arrest is served. The petition for bail May be filed with the court where the case is pending; or in the absence or unavailability of the judge thereof, with the regional trial judge or any inferior court judge in the province, city or municipality

Chris,

Assuming that the Estafa complaint has already been filed in Court by the Office of the City Prosecutor (I would assume so since you said that you have not filed any counter-affidavit), my advice is for you contact your lawyer so you can voluntarily surrender and post bail simulatenously.

To me, as I would advice my clients, this is still the best way in order to avoid the embarassment of an arrest.

Having said that, I suggest that you (or your lawyer) go the Office of the City Prosecutor where the complaint was filed and verify if that office has already issued resolved your case.

thanks joker and fbsensei. the information was already filed in court. I already posted bail. however, I was surprised that two cases were filed against me. I have no choice but to post bail for the two cases since I want my freedom. Aside from estafa, I was also charged of P.D. 22 . I dont understand what PD 22 is. Isnt it unfair? I only did one act and I was charged for these two cases. Were my rights as accused violated?

I presume that you issued and postdated a not sufficiently funded check(bouncing check)..

If so there are two laws governing this offense(I'm not saying that you are guilty but I am just pointing out that at present there are two offenses that may be filed against a person).First is Estafa under the revised penal code and second, for violation of BP 22 aka. bouncing check law. Therfore you may really face two prosecution for a single act.
A single criminal act may give rise to a multiplicity of offenses; and where there is variance or difference between the elements of an offense in one law and another law, as in the case at bar, there will be no double jeopardy because what the rule on double jeopardy prohibits refers to identity of elements in the two (2) offenses

Thus, the two cases filed against you have different elements

For Estafa the law provides that:


Art. 315. Swindling (estafa). ?
xxx xxx xxx

2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:xxx xxx xxx

(d) By post-dating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack or insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act.

For the crime of estafa to exist, the element of fraud or bad faith is indispensable. And its presence must be proven beyond a reasonable doubt before the accused can be found guilty of such crime


For BP 22

( 1) the making, drawing, and issuance of any check to apply for account or for value; (2) the knowledge of the maker, drawer, or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of the check in full upon its presentment; and (3) the subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment.

The law has made the mere act of issuing a bum check a malum prohibitum,18 an act proscribed by legislature for being deemed pernicious and inimical to public welfare.19 The gravamen of the offense under this law is the act of issuing a worthless check or a check that is dishonored upon its presentment for payment. Thus, even if there had been payment, through compensation or some other means, there could still be prosecution for violation of B.P. 22..

I suggest you hire the services of a legal counsel who will defend your cases right away.!!!
Good luck and God Bless...Ganyan talaga ang nag hahanap buhay, one way or the other hindi mo maiiwasan na magkaroon ng problema...

thank you admiral thrawn for the prompt and lengthy discussion. ganun pala yun. I stand corrected, its BP22, not PD22
kaya pala yung ibang tao two agad ang cases like illegal recruitment and estafa. magkapartner din pala ang BP22 and estafa. thank you very much admiral. God bless