Short answer. Yes, in the sense that it's mandatory. Rule 112, Section 5 states that the reviewing provincial or city prosecutor shall order the release of an accused who is detained if no probable cause is found against him. Once that finding is made, ordering release is a required, not optional, step.

What the law says

They shall order the release of an accused who is detained if no probable cause is found against him

Rule 112, Section 5 — Resolution of investigating judge and its review. Read the full provision →

What the law says

Within thirty days from receipt of the records, the provincial or city prosecutor, or the Ombudsman or his deputy, as the case may be, shall review the resolution of the investigating judge on the existence of probable cause

Rule 112, Section 5 — Resolution of investigating judge and its review. Read the full provision →

What the law says

Their ruling shall expressly and clearly state the facts and the law on which it is based and the parties shall be furnished with copies thereof

Rule 112, Section 5 — Resolution of investigating judge and its review. Read the full provision →

What the reviewing prosecutor must do

Rule 112, Section 5 ends with the sentence that answers your question directly: "They shall order the release of an accused who is detained if no probable cause is found against him." The word "shall" makes this a mandatory duty, not a discretionary option — once the reviewing prosecutor finds no probable cause, ordering the release of a detained accused is required.

The review that leads to that finding

This duty sits at the end of a specific review process. The section states that "within thirty days from receipt of the records, the provincial or city prosecutor, or the Ombudsman or his deputy, as the case may be, shall review the resolution of the investigating judge on the existence of probable cause." Your city prosecutor's review of the investigating judge's resolution, and the finding on probable cause that comes out of it, is what the release duty is tied to.

What the prosecutor's ruling has to state

The section also sets a transparency requirement for that ruling: "Their ruling shall expressly and clearly state the facts and the law on which it is based and the parties shall be furnished with copies thereof." A finding of no probable cause is not left informal or undocumented — it has to be put in writing, explained, and actually given to the parties, including you.

What 'automatic' actually means here

The release is automatic in the sense that the rule leaves no room for the prosecutor to find no probable cause and simply decide not to order release — the order is a required consequence of that finding, not a separate request you have to make. It is not automatic in the sense of happening the instant a private conclusion is reached inside the prosecutor's office; the rule ties the release to an actual, written ruling that states the finding and reaches the parties.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.