Question & AnswerQ&A (MEMORANDUM ORDER NO. 177)
No bail shall be recommended for qualified theft when the aggregate value of the property stolen is five hundred thousand pesos (P500,000.00) and above.
Article 310, in relation to Article 309 of the Revised Penal Code, prescribes the penalty of reclusion perpetua for qualified theft committed under certain circumstances.
The Constitution provides that all persons, except those charged with offenses punishable by reclusion perpetua when the evidence of guilt is strong, shall be bailable before conviction.
Prosecutors, as officers of the court, are duty bound to assist the courts by recommending the amount of bail to be granted.
The Department of Justice is directed to constitute a committee for the modification of the 2000 Bail Bond Guide to revise the recommended bail amounts related to qualified theft.
The semiconductor and electronic industries, which provide seventy percent (70%) of the country's exports, are mentioned as being affected.
It amends Department of Justice Circular No. 74 dated November 6, 2001, specifically regarding the bail bond guide for crimes involving qualified theft.
If any provision is declared invalid or unconstitutional, the remaining provisions not affected shall continue to be in full force and effect.