QuestionsQuestions (DEPARTMENT CIRCULAR NO. 013)
The right to bail is enshrined in the Constitution. It is implemented through laws, rules, and regulations—particularly Rule 114 of the Revised Rules of Criminal Procedure, which provides the guidelines on the amount of bail and factors the judge must consider.
The judge fixes a reasonable bail considering primarily but not limited to: (a) financial ability of the accused; (b) nature and circumstances of the offense; (c) penalty for the offense charged; (d) character and reputation; (e) age and health; (f) weight of evidence; (g) probability of appearing at trial; (h) forfeiture of other bail; (i) whether accused was a fugitive when arrested; and (j) pendency of other cases on bail.
When the penalty is reclusion perpetua or life imprisonment. In such cases, bail is not a matter of right, so 'No Bail shall be recommended.'
It is computed based on the penalty of imprisonment, rounding a fraction of a year to one year, using the applicable formulae under the Circular (notably basing bail on maximum periods and applying the specified multipliers).
It states bail is computed on the maximum period of Reclusion temporal.
Bail shall be based on the maximum of the penalty, where the number of years in its maximum period is multiplied by PHP 6,000, except for listed special exceptions.
For theft up to PHP 600,000.00, bail is based on the maximum penalty, multiplied by PHP 2,000 per year (instead of PHP 6,000).
Any amount exceeding PHP 600,000.00 uses the general correctional/afflictive method: maximum penalty maximum period multiplied by PHP 6,000.
For qualified theft up to PHP 600,000.00: multiply the maximum period (maximum penalty) by PHP 2,000 per year; for amounts exceeding PHP 600,000.00: multiply by PHP 6,000 per year.
For estafa under par. 2(D) up to PHP 1.2M, bail is based on the maximum of the penalty and multiplied by PHP 2,000 per year.
If it exceeds PHP 1.2M, bail is based on the maximum of the penalty, multiplied by PHP 6,000 per year.
Bail shall be indicated as 'bail is not required,' except when the respondent/accused is brought to inquest proceedings, in which case bail is set at PHP 3,000.
It directs that quasi-offenses shall follow this guideline (the table), and emphasizes that life and limb are more valuable than property damage.
Bail is PHP 6,000 for the first PHP 40,000 face value, plus an additional PHP 6,000 for every PHP 40,000 in excess of PHP 40,000, but bail shall not exceed PHP 120,000.
If the fine does not exceed PHP 400,000, bail is not required. If the fine is more than PHP 400,000, bail is 10% of the fine but shall not exceed PHP 120,000.
General rule: compute based on the maximum penalty imposable, multiplied by the number of years in its maximum period, times PHP 6,000. Exceptions: certain listed laws compute using PHP 10,000 multiplier instead (based on their maximum penalty and maximum period).
Examples include: RA 7610 (as amended by RA 9231), RA 9775, RA 10591, RA 9165 (as amended by RA 10640), RA 9160 (as amended by RA 9194 and RA 10167), RA 9745, among others.
It supersedes all Department issuances inconsistent herewith, takes effect immediately, and remains in force until further orders.