QuestionsQuestions (MEMORANDUM ORDER NO. 177)
The Order cites the Philippine Constitution’s general rule that all persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall be bailable before conviction.
It directs prosecutors and the DOJ to observe a bail bond guide for the crime of qualified theft.
It uses the aggregate value of the property stolen; if it is P500,000.00 or above, no bail shall be recommended.
When the aggregate value of the property stolen is P500,000.00 or above.
Prosecutors, as officers of the court, are duty bound to assist courts by recommending the amount of bail that should be granted, in proper cases.
Article 310 in relation to Article 309 of the Revised Penal Code is cited, with reclusion perpetua as the penalty for qualified theft committed under certain circumstances.
Because for offenses punishable by reclusion perpetua, bail depends on whether the evidence of guilt is strong; the Order aligns bail policy considerations with the constitutional framework.
It directs the Department of Justice to constitute a committee to modify the 2000 Bail Bond Guide by revising the bail amounts recommended for qualified theft.
It amends Department of Justice Circular No. 74 dated November 6, 2001 insofar as bail bond guide provisions involving crimes for qualified theft are concerned.
It does not broadly abolish bail; rather, it directs that no bail shall be recommended when the aggregate value stolen is P500,000.00 or above.
Only the provisions related to qualified theft under the referenced DOJ Circular are amended; other provisions not affected remain operative.
Section 4 contains a separability clause: the remaining provisions not affected continue in full force and effect.
It took effect immediately upon adoption, dated June 28, 2005.
It cites the societal and economic harm from syndicates losing hundreds of thousands or millions of pesos, particularly affecting the semiconductor and electronics industries which contribute a major share to exports.
It is signed by President Gloria Macapagal Arroyo and countersigned by Eduardo R. Ermita (Executive Secretary), indicating it was issued by authority of the President.
Whether, in cases involving reclusion perpetua, the constitutional “strong evidence” standard still governs the court’s determination of bail, notwithstanding the DOJ directive not to recommend bail under the P500,000 threshold.