Bail - a matter of right or discretion?

Under Section 1, Rule 114 of the Rules of Court, bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under specified conditions. 

The purpose of bail is to guarantee the appearance of the accused at the trial when required by the court because if the accused fails to attend the trial without any justifiable reason, the court can order the forfeiture of the bail bond and the court may order the issuance of a bench warrant for the arrest of the accused.

Section 13, Article III of the 1987 Philippine Constitution 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.

The right to bail is based on the constitutional presumption of innocence of the accused. As can be gleaned from the constitution itself, bail is a matter of right for every accused before conviction.

Even crimes punishable with reclusion perpetua are subject to bail when evidence of guilt is not strong. In cases where the crime is punishable with reclusion perpetua a petition for bail is warranted. Take note, that the purpose of the petition for bail is limited to the granting of bail for the accused. In the event that the court grants the petition for bail, it does not, in any way, determine the guilt or innocence of the accused. Even though the petition for bail is granted, the accused may still be convicted of the crime if, based on the evidence presented by the prosecution, the court determines that the accused is guilty beyond reasonable doubt.

After conviction in the Regional Trial Court but before finality of the judgment of conviction of offenses not punishable by death, reclusion perpetua, or life imprisonment bail becomes a matter of judicial discretion. Since bail is a matter of discretion, a hearing should be conducted and the prosecution should be given a chance to submit its recommendation.

In any event, the Constitution mandates that bail shall not be excessive. The amount of bail shall be based on different factors (e.g., the financial ability of the accused, nature and circumstances of the offense, and penalty for the offense charged).