(NAR) VOL. 29 NO. 2/ APRIL - JUNE 18
“Section 9. Amount of bail; guidelines. - The judge who issued the warrant or granted the application shall fix a reasonable amount of bail considering primarily, but not limited to, the following factors:WHEREAS, on the basis of the foregoing standards, the Department issued Department Circular No. 89 dated August 29, 2000, otherwise known as the 2000 Bail Bond Guide, which Simplified and codified the various Department (Ministry) Circulars for uniformity in the amount of bail to be recommended for each crime;
(a) Financial ability of the accused to give bail; (b) Nature and circumstances of the offense; (c) Penalty for the offense charged;
(d) Character and reputation of the accused; (e) Age and health of the accused;
(f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial; (h) Forfeiture of other bail;
(i) The fact that accused was a fugitive from justice when arrested; and
(j) Pendency of other cases where the accused is on bail. Excessive bail shall not be required."
a. Where the penalty is Prision correccional (regardless of the period) to Reclusion perpetua, or Reclusion temporal (regardless of the period) to Reclusion perpetua, bail shall be computed on the maximum period of Reclusion temporal.
b. Where the imposable penalty is correccional or afflictive, bail shall be based on the maximum of the penalty, the number of years in its maximum period to be multiplied by P6,000.00, except for the following:
b.1 For Theft up to P600,000.00, bail shall be based on the maximum of the penalty, the number of years in its maximum period to be multiplied by P2,000.00. Any amount exceeding P600,000.00 shall be based on the maximum of the penalty, the number of years in its maximum period to multiplied by P6,000.00.b.2 For Qualified theft up to P600,000.00, bail shall be based on the maximum of the penalty, the number of years in its maximum period to be multiplied by P2,000.00. Any amount exceeding P600,000.00, bail shall be based on the maximum penalty, the number of years in its maximum period to be multiplied by P6,000.00.
b.3 For Estafa under par 2(D) up to P1.2 M, bail shall be based on the maximum of the penalty, the number of years in its maximum period to be multiplied by P2,000.00. Any amount exceeding P1.2 M, bail shall be based on the maximum of the penalty, the number of years in its maximum period to be multiplied by P6,000.00
c. For crimes covered by the Rule on Summary Procedure, Republic Act No. 6036, and in instances where bail is not required under this guideline which underwent preliminary investigation, bail shall be indicated as “bail is not required”, except when respondent/accused is brought to inquest proceedings, in which case, bail shall be set at P3,000.00
d. For quasi offenses, bail shall be in accordance with this guideline (see table), since life and limb is more valuable than any damage to property.
e. For violations of Batas Pambansa Blg. 22, bail shall be P6,000.00 for the first P40,000.00 face value of the check and an additional P6,000.00 for every P40,000.00 in excess of P40,000.00 but bail shall not exceed P120,000.003. Where the imposable penalty is fine only, bail shall be computed as follows:
a. For fine not exceeding P400,000.00, bail is not required.b. For fine of more than P400,000.00, bail shall be 10% thereof but shall not exceed P120,000.00
a. RA 7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination), as amended by RA 9231 (Elimination of the Worst Form of Child Labor);WHEREFORE, in accordance with the foregoing rules, standards and criteria, the attached* schedule of bail is hereby adopted for the National Prosecution Service and shall be known by its abbreviated title: “The 2018 Bail Bond Guide”.
b. RA 9775 (Anti Child Pornography Act);
c. RA 10591 (Comprehensive Firearms and Ammunition Regulation Act);
d. RA 9165 (Comprehensive Dangerous Drugs Act of 2002) as amended by RA 10640;
e. RA 9160 (Anti Money Laundering Act of 2001 as amended by RA 9194 and RA 10167;
f. RA 9184 (Government Procurement Reform Act);
g. RA 9208 as amended by RA 10364 (Expanded Human Trafficking in Persons Act of 2012);
h. RA 9372 (Human Security Act of 2007);
i. RA 9745 (Anti Torture Act of 2009);
j. RA 9995 (Anti Photo and Video Voyeurism Act of 2009);
k. RA 10168 (Terrorism Financing Prevention and Suppression Act of
2012);
I. RA 10353 (Anti Enforced or Involuntary Disappearance Act of 2012);
m. RA 10883 (New Anti Carnapping Act of 2016 (repealing RA 6539);
n. PD 1866 (Illegal Possession of Firearms/Ammunition or Explosives) as amended by RA 9516;
o. Republic Act No. 6968 (Rebellion, Insurrection or Coup d’Etat).