Exception To Bail As A Matter Of Right
Sec. 4. Bail, a matter of right; exception. – All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognizance as prescribed by law or this Rule (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, 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
WHAT IS THE GENERAL RULE REGARDING THE RIGHT TO BAIL?
> As a general rule, before conviction of any criminal offense any person shall be bailable, except when such person is charged with a capital offense and the evidence of guilt is strong
> From the moment a person is under custody, under arrest or detention or restraint by the officers of the law, he can claim the
IS BAIL A MATTER OF RIGHT OR OF DISCRETION? WHEN IS IT EITHER?
> Bail is either a matter of right or of discretion
> Upon custody and prior to conviction, it is a MATTER OF RIGHT when the offense charged is not punishable by death, life imprisonment, or reclusion perpetua
> However, upon conviction by the RTC of an offense not punishable by death, life imprisonment, or reclusion perpetua, bail becomes a MATTER OF DISCRETION NOTA BENE: When bail is a matter of right, the accused may apply for and be granted bail even prior to arraignment.