Facts:

Santos was arrested lawfully without a warrant for carnapping and detained at Camp Crame in Quezon City. He asked for a preliminary investigation and signed a waiver of the provisions of Article 125 of the Revised Penal Code. Before the hearing of the preliminary investigation, Santos obtained an Order of Release signed by Judge Beldia who was then detailed as assisting judge of Branch 272, RTC-Marikina City. 

Ruiz, the private complainant, filed before the Office of the Court Administrator an affidavit-complaint charging Judge Beldia with gross ignorance of the law and grave abuse of authority. Ruiz claimed that Judge Beldia had no authority to grant bail to Santos since the Investigating Prosecutor has yet to conclude the preliminary investigation. She claimed that for as long as the information has not yet been filed in court, a court has no power to grant bail to a detained person since it has not yet acquired jurisdiction over the person of the accused. 

Held:

A person lawfully arrested and detained but who has not yet been formally charged in court, can seek his provisional release through the filing of an application for bail. He need not wait for a formal complaint or information to be filed since bail is available to all persons where the offense is bailable. Undeniably, Santos was entitled to bail as a matter of right since the offense with which she was charged does not carry the penalty of life imprisonment, reclusion perpetua or death.

However, while a person lawfully arrested and detained and not yet formally charged can apply for bail, the application must be filed in the province, city or municipality where the person arrested is held (Section 17, par. (c) of Rule 114). In this case, the bail application should have been filed before the proper Quezon City court and not in Marikina City. (Ruiz vs. Beldia, A.M. No. RTJ-02-1731. February 16, 2005)