Atty. Gerard Valerio Atty. Gerard Valerio

When Is Bail a Right in the Philippines?

One of the most common questions asked by accused persons and their families is whether bail can be demanded as a matter of right, or whether it depends on the discretion of the court. Under Philippine law, the answer depends primarily on (1) the stage of the case and (2) the penalty attached to the offense charged. Understanding this distinction is crucial, because it determines whether the judge is legally required to grant bail or must first evaluate the strength of the prosecution’s evidence.

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