Right to Bail Pending Preliminary Investigation (Rule 112, Section 5)
1. Constitutional Foundation
The right to bail is enshrined in Article III, Section 13 of the 1987 Philippine Constitution, which provides that:
"All 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. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required."
This guarantees the right to bail as a fundamental right, ensuring that an accused enjoys temporary liberty while ensuring their presence during trial.
2. Preliminary Investigation in Criminal Procedure
Under Rule 112, Section 1 of the Rules of Court, a preliminary investigation is defined as an inquiry to determine whether there is sufficient ground to:
- Engender a well-founded belief that a crime has been committed; and
- The respondent is probably guilty thereof and should be held for trial.
While a preliminary investigation is not a trial, it is part of due process in criminal prosecution, providing the accused with the opportunity to rebut evidence against them. Since the accused has not yet been charged in court, their right to bail remains intact and is governed by applicable procedural and constitutional safeguards.
3. Nature of Bail Pending Preliminary Investigation
Bail pending preliminary investigation refers to the right of a respondent to post bail for their temporary release while the preliminary investigation is ongoing. This occurs when the accused is:
- Arrested without a warrant;
- Detained pending the resolution of the investigation; and
- Entitled to provisional liberty under the law.
The rules on bail pending preliminary investigation balance the constitutional right to liberty with the state’s interest in prosecuting crimes effectively.
4. Application of Bail During Preliminary Investigation
Rule 112, Section 5 of the Rules of Court governs bail during preliminary investigation. It provides the following procedural safeguards:
Arrest Without Warrant During Preliminary Investigation
- If a person is lawfully arrested without a warrant for an offense punishable by imprisonment exceeding 4 years, 2 months, and 1 day, the arresting officer must deliver the accused to the proper judicial authority within the period prescribed by law.
- Pending the resolution of the preliminary investigation, the accused has the right to apply for bail.
Filing of the Information
- After the preliminary investigation, if probable cause is found, the prosecutor files an information in court.
- The right to bail is re-examined based on the evidence of guilt presented during the preliminary investigation.
Provisional Bail
- If the accused is detained but no information has been filed, the detained person may post provisional bail during the pendency of the investigation.
- Provisional bail is granted subject to the court's discretion, ensuring compliance with the law.
5. Key Principles Regarding Bail Pending Preliminary Investigation
Bailable as a Matter of Right
- If the offense charged is not punishable by reclusion perpetua or life imprisonment, the respondent has an absolute right to bail while the preliminary investigation is ongoing.
When Evidence of Guilt Is Strong
- For offenses punishable by reclusion perpetua or higher, bail may be denied if the evidence of guilt is strong. The determination of whether the evidence of guilt is strong lies within the discretion of the court, based on the prosecutor’s evidence.
Habeas Corpus
- If bail is denied or delayed without proper justification, the respondent may file a petition for habeas corpus to protect their right to liberty.
Custodial Investigation
- Bail during custodial investigation differs from preliminary investigation. During preliminary investigation, the accused is already within the judicial process, and their right to bail is more clearly defined.
Discretion of the Investigating Prosecutor
- Prosecutors do not have the authority to grant or deny bail; they only recommend whether bail is necessary. The final determination lies with the court.
6. Procedure for Applying Bail Pending Preliminary Investigation
Filing of Application for Bail
- The respondent must file a motion for bail before the court or judicial authority that has custody of their person.
- If the investigating prosecutor has not yet filed the information, the application for bail is filed with the court where the complaint is pending.
Issuance of Bail
- If the offense is bailable as a matter of right, the court grants bail immediately upon the filing of the application and posting of the required bond.
- For non-bailable offenses, the court conducts a bail hearing to determine if the evidence of guilt is strong.
Conditions for Bail
- The court imposes conditions on bail to ensure the respondent’s presence during trial and compliance with legal processes. These may include travel restrictions, periodic check-ins, or surrender of passports.
Hearing on Bail
- If the offense is non-bailable, the court conducts a summary hearing to assess the strength of evidence.
- The prosecutor has the burden to prove that evidence of guilt is strong.
7. Case Law on Bail Pending Preliminary Investigation
People v. Hernandez (G.R. No. L-15421, 1954)
- The Supreme Court held that the determination of probable cause in preliminary investigation is not equivalent to the finding of strong evidence of guilt. Therefore, even if an information is filed, the right to bail remains until the court determines the strength of the evidence.
In Re: Petitions for Habeas Corpus of Hernandez (2006)
- Bail pending preliminary investigation can be filed when detention has already occurred. If no probable cause is found, the detention becomes unlawful, and bail must be granted.
Enrile v. Sandiganbayan (2015)
- The Supreme Court emphasized humanitarian considerations in granting bail, even when preliminary investigation has not yet been resolved. The presumption of innocence should guide the process.
8. Limitations and Exceptions
Non-Bailable Offenses
- The respondent does not have an absolute right to bail if the offense is punishable by reclusion perpetua or life imprisonment, and the evidence of guilt is strong.
Preventive Detention
- A person lawfully detained for a non-bailable offense during preliminary investigation may remain in detention until a proper motion for bail is filed and resolved.
Excessive Bail
- The Constitution prohibits excessive bail. The court must ensure that the amount set is reasonable, proportional to the offense, and within the financial capacity of the respondent.
9. Practical Considerations
- Preparation of Legal Forms: The motion for bail must contain:
- The name of the respondent.
- Details of the offense charged.
- Grounds for the motion.
- Proposed surety or bail bond amount.
- Strategic Timing: Filing for bail early during preliminary investigation may expedite the release of the respondent.
Conclusion
The right to bail pending preliminary investigation is a critical safeguard of the constitutional right to liberty and due process. Courts must weigh the presumption of innocence against public interest in prosecuting crimes, ensuring that respondents are not unduly deprived of their freedom while the justice process unfolds. This balance underscores the principle that liberty is the rule, and detention is the exception.