QuestionsQuestions (PRESIDENTIAL DECREE NO. 1836)
It directs the Department of Justice (DOJ) to observe a bail bond guide in qualified theft cases, specifically addressing prosecutors’ duty to recommend bail amounts and limiting bail recommendations for qualified theft with high aggregate value of property stolen.
When the aggregate value of the property stolen is Five Hundred Thousand Pesos (P500,000.00) and above.
It states that Article 310 in relation to Article 309 imposes reclusion perpetua when evidence of guilt is strong, and notes that such cases are bailable before conviction under proper circumstances.
It amends DOJ Circular No. 74 dated November 6, 2001 insofar as bail bond guide involving crimes for qualified theft.
DOJ must constitute a committee to modify the 2000 Bail Bond Guide to revise the amounts of bail that prosecutors should recommend.
It does not directly decide bail. It directs DOJ/prosecutors on observing a bail bond guide and, in Section 1, instructs that no bail should be recommended for qualified theft meeting the threshold.
No. It is primarily an administrative/direction on bail recommendations and bail guidelines; it does not change the penalty provisions under the Revised Penal Code.
P500,000.00 (aggregate value of property stolen) and above.
The memorandum cites large-scale syndicated qualified theft affecting the semiconductors and electronics industry and the economic impact on exports.
It affirms that prosecutors, as officers of the court, are duty bound to assist courts by recommending the amount of bail to be granted.
The remaining provisions not affected continue to be in full force and effect (separability/clause).
It shall take effect immediately upon issuance (28 June 2005 in the City of Manila).
It acknowledges the general right to bail in proper cases but imposes guidance that prosecutors should not recommend bail when the qualified theft threshold (P500,000 and above) is met.
DOJ Circular No. 74 (Nov. 6, 2001) is the earlier bail bond guide; Memorandum Order No. 177 amends it insofar as bail bond guide applies to qualified theft.
The aggregate value of the property stolen in the qualified theft charge (whether it is P500,000.00 or more).
It indicates that beyond the no-bail recommendation threshold, the amounts and recommendations under the existing bail guide must be revised to align with this new directive.