Cases where Bail is not Required

Cases where Bail is not Required

   Bail is not required when the law and the Rules on Criminal Procedure do not so provide. Thus, when a person is in custody, for the period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced, he shall be released immediately, without prejudice to the continuation of the trial thereof, or the proceedings on appeal. In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty days of preventive imprisonment.

Accused Entitled to Bail

   Whenever the accused is in custody, that is when he has been legally arrested and delivered to the proper judicial authority for trial, he is entitled to bail as a matter of right, except if he is charged with a capital offense or an offense which under the law at the time of its commission and at the time for the application for bail, is punishable by reclusion perpetua to death and the evidence against him is strong.

   This particular rule has drastically modified the old concept of the right of the defendant to bail as a matter of right, without consideration at what stage in which this right may be availed of, whether after conviction before the city or municipal court or before conviction when the case is pending before the Regional Trial Court.

   However, even under the new rule when the defendant is charged with a capital offense, he may yet be entitled to bail as a matter of right provided that the evidence against him is not strong. Moreover, when the evidence against him is strong, the accused may still be entitled to bail, not as a matter of right, but by leave of court. Thus, when the defendant is charged for treason ( an offense punishable with a capital punishment) and his further confinement in prison would affect  or impair his health, then he may still be entitled to bail with leave of court.

When Evidence is Strong

   The determination of whether or not the evidence of guilt of an accused is strong is a matter addressed to the sound discretion of the court. By the very nature of things, this discretion may be exercised only after the evidence is submitted to the court at the hearing.

   The hearing here contemplated when there is an application for bail is summary in character which means such brief and speedy method of receiving and considering the evidence of guilt as is practicable and consistent with the purpose of the hearing which is merely to determine the weight of the evidence for the purpose of bail. The court does not sit to try the merits or to enter any inquiry as to the weight that ought to be allowed to the evidence for or against the accused nor will it speculate on the outcome of the trial or on what further evidence may therein be offered or admitted. The court confines itself to receiving such evidence as has reference to substantial matters, avoiding unnecessary thoroughness in the examination and cross-examination of witnesses and reducing to a reasonable maximum the amount of corroboration particularly on details that are essential to the purpose of the hearing.