Joe Pallugna
THERE are several misconceptions about the right to bail that the Supreme Court has to rule clearly in a number of cases.
Sec. 13, Article II of the 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. xxx”
From this comes the clear right to bail. But up to when the right to bail is available?
The answer is this: After conviction by the trial court, the presumption of innocence terminates and, accordingly, the right to bail ends.
So after an accused is convicted by the trial court, his bail is cancelled and he should be sent to prison pending appeal. But is this rule absolute?
No. Bail can still be granted as a matter of discretion by the same trial court that convicted the accused if the penalty of imprisonment imposed on him does not exceed six years. The trial court can grant bail, as a matter of discretion provided the records have not yet been transmitted to the appellate court.
As provided under Section 5, Rule 114 of the Rules of Court:
“Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua or life imprisonment, admission to bail is discretionary. The application for bail may be filed and acted upon by the trial court despite the filing of a notice of appeal, provided it has not transmitted the original record to the appellate court.
However, if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be resolved by the appellate court.”
Several times in the courtrooms, the person convicted, while still out on bail during trial, is immediately handcuffed and sent to jail pending appeal. The drama in the courtroom is palpable, the tension is real.
Although the issues of bail are more complex for the ordinary man to comprehend, for the general readers of this article I am simplifying the right to bail of any accused.
Again, after conviction by the trial court, the right to bail ends and it is only a matter of judicial discretion to grant bail.
E-mail: joepallugna@yahoo.com
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