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.

A preliminary investigation is a critical stage in Philippine criminal procedure. It is the process conducted by a prosecutor to determine whether a criminal case should be filed in court. Contrary to popular belief, it is not a trial and does not decide guilt or innocence. Instead, it acts as a legal filter to ensure that only cases supported by sufficient evidence proceed to trial.

Understanding what a preliminary investigation is essential for both complainants and respondents in criminal cases.