Yes, a person can petition for bail even before a formal complaint or Information is filed in court.
Here are the rules governing a petition for bail before the filing of an Information:
1. Where to File
If a person is in custody but has not yet been formally charged in court, they may apply for bail with any court in the province, city, or municipality where they are held.
2. Custody of the Law Requirement
To apply for bail, the applicant must already be in the custody of the law, which means they must be legally deprived of their liberty through an arrest or voluntary surrender. A fugitive or a person at large cannot apply for bail unless they first submit to the court’s jurisdiction.
3. Bail Pending Preliminary Investigation or Inquest
A person is entitled to apply for bail while the preliminary investigation is pending. (Standard: Prima facie evidence with reasonable certainty of conviction).
- If a person is lawfully arrested without a warrant, they may request a preliminary investigation before the Information is filed. To do this, they must sign a waiver of the provisions of Article 125 of the Revised Penal Code (Delay in the delivery of detained persons) in the presence of counsel.
- Notwithstanding this waiver, the arrested person retains the right to apply for bail while the investigation, which must be terminated within 15 days, is ongoing.
4. Capital Offenses
If a person is investigated for an offense punishable by death, reclusion perpetua, or life imprisonment and was not accorded a preliminary investigation, they are entitled to be released on bail as a matter of right pending the preliminary investigation. The prosecutor may later move to cancel the bail if they determine that the evidence of guilt is strong after the preliminary investigation is concluded.
5. Application for Bail is Not a Waiver of Rights
Filing a petition for bail, or being admitted to bail, does not bar the accused from challenging the validity of their arrest, the legality of the warrant, or the absence/irregularity of the preliminary investigation. However, the accused must raise these objections before entering a plea during arraignment.
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