Mr. P was charged with Plunder before the Sandiganbayan along with several government officials. Before his arraignment, he filed a petition for bail. This was objected to by the prosecution which insisted that he should first be arraigned before he applies for bail, considering that grant of bail will result in the accused fleeing the court’s jurisdiction.
(a) When is bail a matter of right before conviction? (2%)
(b) Is the objection of the prosecution valid? Explain. (3%)
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(a) Bail is a matter of right before conviction: (1) before or after conviction by first-level courts; and (2) before conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment. (b) No, the prosecution's objection is
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Quick check
When is bail a matter of right before conviction under Rule 114 of the Rules of Court?
Bail is a matter of right before first-level courts and in RTC cases not punishable by death, reclusion perpetua, or life imprisonment.
Is formal arraignment required before an accused in custody may apply for bail?
Arraignment is not a prerequisite for applying for bail, as custody of the law is sufficient.
How is custody of the law acquired over the person of an accused for bail purposes?
Custody of the law is acquired over the accused by physical arrest or voluntary surrender to the court.
When an accused is charged with a crime punishable by reclusion perpetua, what is the nature of bail?
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What is the duty of the court when an accused charged with plunder files a petition for bail before arraignment?
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Learn more about these topics
1. Right to Bail
Under Rule 114 of the Rules of Court, bail is a matter of right before conviction in all cases filed before first-level courts, as well as before conviction by the Regional Trial Court for offenses not punishable by death, reclusion perpetua, or life imprisonment. The constitutional right to bail ensures that an accused enjoys provisional liberty pending trial, provided that the offense charged is not capital or punishable by reclusion perpetua where evidence of guilt is strong. When bail is a matter of right, the court has no discretion to deny bail upon approval of the required bond.
2. Custody of Law
A court acquires jurisdiction over the person of the accused, or the accused comes under custody of the law, either through a lawful arrest or voluntary surrender. Custody of the law is a fundamental prerequisite before a court can entertain an application for bail. Once an accused is deprived of liberty through physical arrest or voluntary submission to the court's authority, they possess the requisite standing to petition for bail, regardless of whether formal arraignment has taken place.
3. Arraignment and Bail
Arraignment is not a prerequisite to filing or resolving an application for bail. Demanding prior arraignment before considering a bail application is improper because it forces the accused to enter a plea prematurely before the court evaluates the strength of the prosecution's evidence. Even in capital offenses or crimes punishable by reclusion perpetua such as plunder, an accused in custody may petition for bail prior to arraignment, and the trial court is duty-bound to conduct a hearing to determine if evidence of guilt is strong.