When a matter of right; exceptions | Bail (RULE 114) | CRIMINAL PROCEDURE

Disclaimer: The following discussion is for general informational purposes and does not constitute legal advice. For specific issues or questions, it is best to consult a qualified attorney who can address the unique facts and circumstances of your case.

BAIL UNDER RULE 114 OF THE RULES OF CRIMINAL PROCEDURE

When a Matter of Right; Exceptions

In Philippine criminal procedure, the right to bail is enshrined in both the Constitution (Article III, Section 13) and the Rules of Court (Rule 114). Bail is primarily intended to guarantee the appearance of the accused at trial while allowing temporary liberty before final conviction. Below is a comprehensive discussion focusing on when bail is a matter of right and the exceptions thereto, guided by Rule 114 of the Rules of Court.

1. Constitutional and Statutory Basis

  1. Constitutional Provision (Article III, Section 13)

    • The Constitution provides that “[a]ll persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law.”
    • This implies that for offenses not punishable by reclusion perpetua (or life imprisonment or death under older laws), bail shall be granted as a matter of right, provided the accused is not yet convicted by final judgment and adheres to the conditions of bail.

  2. Rule 114 of the Rules of Court

    • Section 4 (When Bail is a Matter of Right)

      “All persons in custody shall:
      (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, 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,
      be admitted to bail as a matter of right.”

    • Section 5 (When Bail is Discretionary)

      “Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. The application for bail may be filed and acted upon by the trial court despite the filing of a notice of appeal…"

    In effect, bail is a matter of right in all but certain limited circumstances (notably when the penalty may be reclusion perpetua, life imprisonment, or death, and the evidence of guilt is strong).

2. When Bail is a Matter of Right

  1. Offenses Punishable by Lower Penalties

    • If the charged offense is penalized by a term lower than reclusion perpetua, life imprisonment, or death, the accused is entitled to bail before conviction as a matter of right.

  2. Cases Filed Before Lower Courts (MTC, MTCC, MCTC, etc.)

    • When the case is within the jurisdiction of the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court, the accused is entitled to bail as a matter of right even after conviction by these lower courts.
    • This is because these lower courts can only impose penalties up to a certain limit (generally up to imprisonment of six years), which is by definition below reclusion perpetua or life imprisonment.

  3. Before Conviction in the Regional Trial Court (RTC) for Offenses Not Punishable by Death, Reclusion Perpetua, or Life Imprisonment

    • If the crime charged is within the original jurisdiction of the Regional Trial Court and the penalty prescribed by law does not carry reclusion perpetua, life imprisonment, or death, then the accused has the right to bail before final conviction.
    • Once the accused posts the required bail and meets the conditions imposed by the court (e.g., regular appearances, no departure without permission, etc.), the accused must be released pending resolution of the case.

3. Exceptions: When Bail is Not a Matter of Right

Bail may not be immediately granted as a matter of right in any of the following circumstances:

  1. Capital Offenses or Offenses Punishable by Reclusion Perpetua or Life Imprisonment

    • Under Section 7 of Rule 114, “[n]o person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when the evidence of guilt is strong.”
    • In such cases, the court must first conduct a hearing—often called a “bail hearing”—to determine whether the evidence of guilt is strong.
    • Only if, after summary hearing, the court finds that the evidence of guilt is not strong may the accused be granted bail (which then becomes discretionary on the part of the court).

  2. Probation of the Evidence of Guilt

    • When the accused is charged with a crime punishable by reclusion perpetua or life imprisonment, the presiding judge is required to hold a hearing to test the strength of the prosecution’s evidence. If the evidence presented by the prosecution is found to be “strong,” bail must be denied. If the evidence is not strong, the judge has the discretion to grant or deny bail, though usually the court grants bail unless other serious considerations (like flight risk, possible intimidation of witnesses, etc.) are present.

  3. Conviction by the RTC of an Offense Not Punishable by Death, Reclusion Perpetua, or Life Imprisonment

    • While not an “exception” in the sense of absolute prohibition, once the accused is convicted by the RTC of an offense that is not punishable by reclusion perpetua or life imprisonment, the grant of bail becomes discretionary (Section 5, Rule 114).
    • The accused no longer has the automatic right to bail, and the court will evaluate various factors (e.g., risk of flight, character of the accused, probability that the appeal will be decided quickly, etc.) before deciding whether to grant bail during the pendency of an appeal.

  4. Non-Bailable Offenses When Evidence of Guilt is Strong

    • As reiterated, if the offense is capital (or punishable by reclusion perpetua or life imprisonment) and the evidence of guilt is strong, the accused cannot invoke the right to bail.

  5. Other Special Laws

    • Certain special laws may prescribe specific rules on bail, especially for high-level drug cases, terrorism-related offenses, or other serious crimes. In some instances, the law may explicitly mandate that the accused shall not be granted bail if evidence of guilt is strong. Still, the Constitutionally-protected right to bail, as interpreted by jurisprudence, requires a hearing to determine whether the evidence is strong. If it is indeed strong, the accused will be denied bail.

4. Procedure in Applications for Bail in Non-Bailable Offenses

  1. Mandatory Hearing

    • Courts are mandated to conduct summary hearings for bail applications where the imposable penalty is reclusion perpetua or life imprisonment.
    • The hearing provides the prosecution the opportunity to establish the strength of its evidence. The defense likewise may present countervailing evidence or cross-examine prosecution witnesses.

  2. Burden of Proof

    • The burden of proof rests upon the prosecution to show that the evidence of guilt is strong.
    • The quantum of proof required at a bail hearing is lower than “proof beyond reasonable doubt,” but the court must determine if there is a high likelihood of conviction based on the evidence.

  3. Judicial Discretion

    • If the court finds that the evidence of guilt is not strong, the accused may be granted bail subject to judicial discretion and certain conditions (e.g., amount of bail, restrictions on travel, periodic court appearance, etc.).
    • If the court finds that the evidence of guilt is strong, the accused must remain in custody and bail is denied.

5. Significant Jurisprudence

  1. Basco v. Rapatalo, 269 SCRA 220 (1997)

    • Reiterates the fundamental nature of the right to bail in non-capital offenses and underscores the mandatory character of bail hearings in capital offenses.

  2. People v. Cabral, G.R. No. 233142 (2020)

    • Emphasizes that in discretionary bail scenarios, judges must make written findings of fact and law showing the basis of their decision to either grant or deny bail.

  3. Villaseñor v. Abaño, 94 SCRA 311 (1979) (and subsequent rulings)

    • Stresses that the denial of bail in capital offenses cannot be summarily done; there must be a hearing to determine the strength of the prosecution’s evidence.

  4. Ungab v. Cusi, 97 SCRA 877 (1980)

    • Highlights that the court must act promptly on an application for bail and carefully consider the circumstances of the accused to avoid infringement on constitutional rights.

6. Practical Considerations

  1. Amount and Type of Bail

    • The court will set the amount of bail, typically guided by local rules, the nature of the offense, the accused’s ability to pay, and the risk of flight. Bail may be posted in several forms:
      • Corporate surety
      • Property bond
      • Cash bond
      • Recognizance (in specific instances allowed by law)

  2. Conditions of Bail

    • Standard conditions include: appearance at trial, not departing from the Philippines without court permission, informing the court of change of address, etc.
    • Violation of any condition can lead to the forfeiture of bail and the issuance of a warrant of arrest against the accused.

  3. Speedy Disposition of the Application

    • Courts are required to resolve bail petitions speedily and expeditiously. Prolonged detention without resolving a bail application may give rise to claims of denial of constitutional rights.

  4. Appeal Stage

    • After a conviction by the RTC for offenses not punishable by reclusion perpetua or life imprisonment, the accused may still file a motion for bail pending appeal. This is no longer a matter of right but rather a matter of judicial discretion, and courts often impose stricter scrutiny.

7. Summary

  1. Bail as a Matter of Right:

    • Before conviction for offenses not punishable by death, reclusion perpetua, or life imprisonment, regardless of whether the case is in the MTC or RTC.
    • After conviction by lower courts (MTC, MTCC, MCTC) for the same category of offenses.

  2. Exceptions:

    • Capital offenses (or punishable by reclusion perpetua or life imprisonment) where the prosecution’s evidence of guilt is strong.
    • Upon conviction by the RTC, bail becomes a matter of discretion even if the penalty does not reach reclusion perpetua or life imprisonment.

  3. Mandatory Bail Hearing:

    • For offenses punishable by reclusion perpetua or life imprisonment, the court must conduct a hearing to determine if the evidence of guilt is strong.
    • Denial or grant of bail in these instances requires clear, written findings.

  4. Underlying Principle:

    • The right to bail is ultimately anchored in the presumption of innocence. The law seeks to balance this right with society’s interest in ensuring that persons charged with serious crimes appear for trial and do not pose a danger to public safety or the judicial process.

Final Note

Bail is a crucial aspect of criminal procedure in the Philippines, reinforcing the presumption of innocence. Courts strictly adhere to constitutional guarantees while also assessing practical considerations like flight risk and the strength of the evidence. Ultimately, bail is a matter of right in most offenses prior to conviction, except in capital or similarly grave offenses punishable by reclusion perpetua or life imprisonment when the evidence of guilt is strong.

Should you find yourself or someone you know in a situation involving bail, it is best to seek professional legal counsel who can assess the facts, guide you on procedural requirements, and advocate effectively in court.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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