Q4. Is Mario entitled to bail as a matter of right?

Answer:

NO.

Bail as a matter of right is only available upon the following :

1. Before and after conviction by the MTC.

2. Before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life
imprisonment.
3. Before conviction by the RTC of an offense punishable by death, reclusion perpetua or life
imprisonment when the evidence of guilt is not strong.
4. When a judge grants bail on a person lawfully arrested but without warrant, upon waiver of his
right under Article 125 of the RPC.

In the case at hand, Mario de Guzman was charged of the crime of qualified theft which has a
penalty of reclusion perpetua. Considering the penalty, bail as a matter of right is no longer available for
it only considers the circumstances stated above.

Therefore, Mario is not entitled to bail as a matter of right since the penalty of the crime is
punishable by reclusion perpetua.