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Bail, A Matter Of Right; Exception


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.


Section 4. Bail, a matter of right; exception

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 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.
















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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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