When is bail a matter of right?

a. before or after conviction by the Metropolitan Trial Court,

Municipal Trial Court, Municipal Trial Court in Cities, or Municipal
Circuit Trial Court, and
b. Before conviction by the Regional Trial Court of an offense not
punishable by death, reclusion perpetua, or life imprisonment.

When is it discretionary?
Rule 114, Rules of Court
Section 5. Bail, when discretionary. 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 filed with and resolved by the appellate
court.
Should the court grant the application, the accused may be allowed to
continue on provisional liberty during the pendency of the appeal under the
same bail subject to the consent of the bondsman.

3 distinctions of RP, LI (Cardines vs Rosete)
1. "life imprisonment" is invariably imposed for serious offenses
penalized by special laws, while "reclusion perpetual" is prescribed
under the Revised Penal Code.
2. "life imprisonment," unlike "reclusion perpetua," does not carry
with it any accessory penalty.
3. "life imprisonment" does not appear to have any definite extent or
duration, while "reclusion perpetua" entails incarceration for at
least thirty (30) years after which the convict becomes eligible for
pardon.

Implicit limitations of R. to bail
1. Person claiming a right must be under actual detention.
2. Constitutional right available only in criminal cases not in
deportation cases.

Factors to be considered in determining bail
a. Financial ability of the accused to give bail;
b. Nature and circumstances of the offense;
c. Penalty for the offense charged;
d. Character and reputation of the accused;
e. Age and health of the accused;
f. Weight of the evidence against the accused;
g. Probability of the accused appearing at the trial;
h. Forfeiture of other bail;
i. The fact that accused was a fugitive from justice when arrested;
and
j. Pendency of other cases where the accused is on bail.
Elements criminal due process (Mejia v Pamaran)
1. accused has been heard in a court of competent jurisdiction, and
2. accused is proceeded against under the orderly processes of law,
and
3. Accused has been given notice.
4. Accused has been given an opportunity to be heard, and
5. Judgment rendered was within the authority of a constitutional law.

RIGHT TO BE HEARD
1. R. to be presumed innocent until contrary is proved.
2. R. to be at the trial.
3. R. to counsel.
4. R. to impartial judge.
5. R. to meet witnesses face to face.
6. R. to compulsory process to secure attendance of witness.
7. R. to notice of trial, in case of trial in absentia.

Duties of a judge prior arraignment:
1. Inform the accused that he has the right to counsel before
arraignment.
2. After giving such info, judge has to ask the accused whether or not
he decides to counsel.
3. If yes, court must grant him reasonable time to do so.
4. If unable to employ, court must appoint counsel de oficio.

Objects of written accusations
1. To furnish accused with such description of the charge against him
as to enable him to make his defense.
2. To avail himself of conviction or acquittal for protection against
further prosecution of the same cause.
3. To inform the court of the facts alleged, so that it may decide
whether they are sufficient in law to support a conviction, if one
should be had.

Requisites of double jeopardy
1. There is a valid complaint.
2. Filed in a competent court.
3. To which the defendant pleaded.
4. The defendant was previously acquitted or convicted or the case
dismissed or otherwise terminated without his express consent.

Ex post facto law
1. Law making an act criminal which was not so before its passage.
2. Law aggravating the penalty of a crime committed before its
passage.
3. Law inflicting a greater or more severe punishment.
4. Law altering the legal rules on evidence and allowing the receipt of
less or different testimony than what the law required at the time
of commission, in order to convict an accused.
5. Law assuming to regulate civil rights and remedies only, in effect
imposes penalty of deprivation of right for something which when
done was lawful.
6. Law depriving the accused of some lawful protection entitled to
him such as protection of a former conviction or acquittal, or a
proclamation of amnesty.

Characteristics
1. Refer to criminal cases.
2. Retroactive.
3. Prejudicial to the accused.

Bill of attainder
Legislative act that inflicts punishment without trial.