Bail Guidelines for Large-Scale Qualified Theft

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MEMORANDUM ORDER NO. 177: Bail Guidelines for Large-Scale Qualified Theft

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Title Source: Supreme Court: Bail Guidelines for Large-Scale Qualified Theft

Law: Memorandum Order No. 177

Decision Date: Jun 28, 2005

Gloria Macapagal Arroyo mandates the Department of Justice to prohibit bail recommendations for qualified theft cases involving stolen property valued at P500,000 or more, in response to significant losses in the semiconductor and electronics industries.

Law Summary

Economic Impact of Large-Scale Qualified Theft

Significant financial losses occur due to syndicated qualified theft, particularly affecting the semiconductor and electronics industries.
These industries are crucial as they contribute approximately 70% of the country’s exports.

Penalties for Qualified Theft Under the Revised Penal Code

Qualified theft is punished with reclusion perpetua when committed under certain circumstances, as provided by Articles 309 and 310 of the Revised Penal Code.

Constitutional Bail Provisions

The Constitution allows bail for all persons except those charged with offenses punishable by reclusion perpetua when the evidence of guilt is strong.

Bail Restriction for Qualified Theft with High Aggregate Value

No bail shall be recommended for qualified theft cases where the aggregate value of the stolen property is five hundred thousand pesos (P500,000.00) or more.

Directive to Modify the Bail Bond Guide

The Department of Justice (DOJ) is directed to constitute a committee tasked with revising the 2000 Bail Bond Guide.
The revisions will specifically address recommended bail amounts.

Amendment of Previous DOJ Circular

This order amends Department of Justice Circular No. 74 dated November 6, 2001, concerning bail bond guidelines for qualified theft crimes.

Severability Clause

If any provision of this Memorandum is declared invalid or unconstitutional, other unaffected provisions remain fully enforceable.

Effectivity

The Memorandum Order takes effect immediately upon issuance on June 28, 2005.

END