The right to bail is recognized in the Bill of Rights, as stated in Section 13, Article III of the Constitution:

SEC. 13. 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. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

In this regard, Rule 114 of the Rules of Criminal Procedure provides:

SEC. 7. Capital offense or an offense punishable by reclusion perpetua or life imprisonment, not bailable. - No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the stage of the criminal prosecution.

Thus, before conviction, bail is a matter of right when the offense charged is punishable by any penalty lower than reclusion perpetua. Bail becomes a matter of discretion if the offense charged is punishable by death, reclusion perpetua, or life imprisonment that is, bail will be denied if the evidence of guilt is strong.^[23]