Title
2018 Bail Bond Guide Updates
Law
Department Circular No. 013
Decision Date
Apr 25, 2018
The 2018 Bail Bond Guide establishes updated standards and formulas for determining bail amounts based on the nature of offenses, financial circumstances of the accused, and recent legislative changes, ensuring a fair and uniform approach to pretrial liberty.

Law Summary

Basis and Evolution of the Bail Bond Guide

  • The 2000 Bail Bond Guide simplified and codified various circulars to unify bail amounts for crimes.
  • Republic Act No. 10951 updated fines imposed by the Revised Penal Code, increasing fines by 200 times to reflect current socio-economic realities.
  • Supreme Court acknowledged the need to update archaic laws to contemporary conditions.
  • Adjustments to bail computation rules were necessary to align with updated penalties and new or decriminalized acts.
  • The death penalty has been abolished, affecting bail considerations.

Purpose of Bail and Need for Harmonization

  • Bail reconciles the accused's interest in pretrial liberty with society's interest in ensuring attendance at trial.
  • There is a need to harmonize bail recommendations with crimes, penalties, and fines in light of recent legal changes.
  • A Technical Working Group was created to draft the 2017 Bail Bond Guide.

Rules for Bail Computation

  1. No bail shall be recommended for Reclusion perpetua or life imprisonment since bail is not a right in such cases.
  2. For punishments involving imprisonment and/or fines where bail is a right:
    • Bail is computed based on the maximum period of imprisonment.
    • Rounding fractions of a year to one year in computation.
    • Specific rates and conditions for theft, qualified theft, estafa depending on monetary thresholds with different multipliers (P2,000 or P6,000 per year) apply.
    • Bail not required or set at default for summary procedures or inquest cases.
    • Quasi offenses follow the guideline.
    • Specific provision for Batas Pambansa Blg. 22 check violations with computed limits.
  3. For fines only:
    • No bail if fine does not exceed P400,000.
    • Bail is 10% of the fine but capped at P120,000 for fines above P400,000.
  4. For violations of special laws:
    • General multiplier for bail is P6,000 per year of maximum penalty period.
    • Exceptions include certain special laws (child protection, drugs, firearms, trafficking, terrorism, and others) where the multiplier is P10,000.

Coverage and Legal Effects

  • The guide is adopted for the National Prosecution Service for consistent bail recommendations.
  • Supersedes inconsistent previous department issuances.
  • Effective immediately upon filing and remains until further orders.

Important Legal Concepts and Precedents

  • Bail is not a matter of right in capital punishments like life imprisonment.
  • The guiding principles align with Rule 114 of the Revised Rules of Criminal Procedure.
  • Legal updates reflect evolving socio-economic contexts influencing penalty and bail computations.
  • Reflects a balance between individual liberty and public interest in criminal justice procedures.

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