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Section 3. No release or transfer except on court order or bail. — No person under detention by legal process shall be released or transferred except upon order of the court or when he is admitted to bail.

No person under detention by legal process shall be released or transferred except upon order of the court or when he is admitted to bail.


Section 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.

WHEN BAIL IS A MATTER OF RIGHT:
1. Before or after conviction by the MTC
2. Before conviction, for all offenses punishable by lower than /reclusion perpetua.

      - prosecution does not have the right to oppose or to present
        evidence for its denial.

WHEN BAIL IS A MATTER OF DISCRETION:
1. Before conviction, in offenses punishable by death, reclusion perpetua or life imprisonment
2. After conviction by the RTC of a non-capital offense

- prosecution is entitled to present evidence for its denial.

People v. Singh et. al. to see G.R.No. 129782 (2001)
- In hearing the petition for bail, the prosecution has the burden of showing that the evidence of guilt is strong pursuant to Sec. 8 Rule 114. In bail proceedings, the prosecution must be given ample opportunity to show that the evidence of guilt is strong. While the proceeding is conducted as a regular trial, it must be limited to the determination of the bailability of the accused. It should be brief and speedy, lest the purpose for which it is available is rendered nugatory.

Right to bail may be waived.

BAIL IN COURT-MARTIAL OFFENSES:
- The right to bail of an accused military personnel triable by courts-martial does not exist, as an exception to the general rule that an accused is entitled to bail except in a capital offense where the evidence of guilt is strong.

RATIONALE: The unique structure of the military justifies exempting military men from the constitutional coverage on the right to bail.

The right to bail is not available to military personnel or officer charged with a violation of the Articles of War. (Aswat v. Galido, 204 SCRA 205)

Notice of hearing required:
- Whether bail is a matter of right or of discretion, reasonable notice of hearing is required to be given to the prosecutor or fiscal or at least he must be asked for his recommendation because in fixing the amount of bail, the judge is required to take into account a number of factors such as the applicant’s
character and reputation, forfeiture of other bonds, or whether he is a fugitive from justice.

Hearing is not required if bail is recommended by the prosecution and it is a matter of right.

Summary of the evidence for the prosecution
- The court’s order granting or refusing bail must contain a summary of the evidence for the prosecution, otherwise, the order granting or denying bail may be invalidated because the summary of the evidence for the prosecution which contains the judge’s evaluation of the evidence may be considered as an aspect of procedural due process for both the prosecution and the defense.

It would be premature, not to say incongruous, to file a petition for bail for someone whose freedom has yet to be curtailed.


Bar Exam Question (1999)

Bail; Matter of Right (1999)

When the accused is entitled as a matter of right to bail, may the Court refuse to grant him bail on the ground that there exists a high degree of probability that he will abscond or escape? Explain. 

Suggested Answer:

If bail is a matter of right, it cannot be denied on the ground that there exists a high degree of probability that the accused will abscond or escape. What the court can do is to increase the amount of the bail. One of the guidelines that the judge may use in fixing a reasonable amount of bail is the probability of the accused appearing in trial.



Bar Exam Question (1999)

Bail; Matter of Right vs. Matter of Discretion (1999)

When is bail a matter of right and when is it a matter of discretion?

Suggested Answer:

When Bail is a matter of right:

All persons in custody shall (a) before or after conviction by the metropolitan and municipal trial courts, and (b) before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment, be admitted to bail as a matter of right, with sufficient sureties, or be released on recognizance as prescribed by law or Rule 114. (Sec. 4, Rule 114, Rules of Court, as amended by Circular No. 12-94.)

When bail is a matter of discretion:

Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment, on application of the accused. If the penalty of imprisonment exceeds six years but not more than 20 years, bail shall be denied upon a showing by the prosecution, with notice to the accused, of the following or other similar circumstances:

1. That the accused is a recidivist, quasi-recidivist or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration;
2. That the accused is found to have previously escaped from legal confinement, evaded sentence, or has violated the conditions of his bail without valid justification;
3. That the accused committed the offense while on probation, parole, or under conditional pardon;
4. That the circumstances of the accused or his case indicate the probability of flight if released on bail; or
5. That there is undue risk that during the pendency of the appeal, the accused may commit another crime. (Sec. 1, Id.)