Bail Guidelines for Qualified Theft Cases

The order affirms that in proper cases, the right to bail may be invoked by the respondent or accused.
The order directs that prosecutors, as officers of the court, must assist courts by recommending the amount of bail.
The order is framed around syndicated large-scale qualified theft losses affecting industries, including those responsible for export supply.
The order ties the bail rule to Article 310 in relation to Article 309 of the Revised Penal Code, which imposes reclusion perpetua when the evidence of guilt is strong and is bailable before conviction.

The order applies to the crime of qualified theft.
For qualified theft cases where the aggregate value of the property stolen is five hundred thousand (P500,000.00) and above, prosecutors must observe the bail recommendation restriction stated in the order.
The order sets a single monetary threshold governing whether bail may be recommended under the guideline.

Section 1 provides that no bail shall be recommended for qualified theft when the aggregate value of the property stolen is five hundred thousand (P500,000.00) and above.
The rule operates as a mandatory directive on prosecutors’ bail recommendations for covered qualified theft cases.

Section 2 directs the Department of Justice to constitute a committee to modify the 2000 Bail Bond Guide.
The committee’s task is to make revisions for cases covered by this order, specifically so that amounts of bail shall be recommended in light of the qualified theft guidance.
The DOJ must take the committee action to update bail recommendations consistent with the new directive.

Section 3 amends Department of Justice Circular No. 74 dated November 6, 2001.
The amendment is limited insofar as it covers bail bond guide involving crimes for qualified theft.
The effect is that the amended portion of the earlier circular yields to the bail directive established by this order for qualified theft.

Section 4 provides that if any provision of the memorandum order is declared invalid or unconstitutional, the remaining provisions not affected shall continue in full force and effect.