Question & AnswerQ&A (DEPARTMENT CIRCULAR NO. 013)
The right to bail is enshrined in the Philippine Constitution as a matter of right in proper cases.
The judge considers the financial ability of the accused, nature and circumstances of the offense, penalty for the offense charged, character and reputation of the accused, age and health, weight of the evidence, probability of appearance at trial, forfeiture of other bail, fugitive status, and pendency of other cases involving the accused.
Department Circular No. 013 dated April 25, 2018, promulgates the 2018 Bail Bond Guide, which updates and harmonizes the schedule of bail amounts in the Philippines based on current laws and penalties.
RA 10951 adjusted the fines under the Revised Penal Code by increasing them two hundred times to reflect contemporary economic realities, necessitating a concomitant adjustment in the rules of computation for bail.
No, bail is not a matter of right for offenses punishable by reclusion perpetua or life imprisonment, and no bail shall be recommended in such cases.
Bail is computed based on the maximum period of imprisonment applying a set formula: the number of years multiplied by a fixed monetary value (usually ₱6,000.00), with adjustments for specific crimes like theft, qualified theft, and estafa.
For theft and qualified theft up to ₱600,000.00, bail is based on the maximum penalty multiplied by ₱2,000.00 per year; for amounts exceeding ₱600,000.00, ₱6,000.00 per year is applied.
If the fine does not exceed ₱400,000.00, bail is not required. For fines exceeding ₱400,000.00, bail shall be 10% of the fine but shall not exceed ₱120,000.00.
Bail is based on the maximum penalty multiplied by ₱6,000.00 per year except for certain specified special laws where bail is computed using ₱10,000.00 per year multiplier.
Examples include RA 7610 (Child Protection), RA 9775 (Anti Child Pornography), RA 10591 (Firearms Regulation), RA 9165 (Dangerous Drugs Act), RA 9160 (Anti-Money Laundering), and others related to human trafficking, terrorism financing, and anti-carnapping.