No bail higher than P10K for indigents – DOJ
Indigents facing lesser criminal offenses will not be made to pay bail higher than P10,000 under new guidelines set by the Department of Justice (DOJ). Under Department Circular 011, the DOJ formally directed prosecutors to reduce the recommended bail for temporary liberty in criminal cases by 50 percent or set it at P10,000, whichever is lower, for indigents facing cases that are not punishable by death, reclusion perpetua or life imprisonment.
The new rule applies to all cases undergoing inquest or preliminary investigation of indigents if they do not include punishable by death, reclusion perpetua or life imprisonment.
The DOJ came up with the new policy after the Justice Sector Coordinating Council dialogue in January regarding overpopulation in jail and detention facilities.
In the New Bilibid Prison in Muntinlupa, the 330 percent congestion rate caused many of the problems facing the Bureau of Corrections including corruption, contraband smuggling and inmate entitlement.
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Remulla explained that many criminal cases filed in courts against indigent persons are bailable but they “are unable to afford the amount set by the courts upon the recommendation of the prosecutors.”
“The Supreme Court, headed by the Chief Justice Alexander G. Gesmundo then proposed revisiting the existing 2018 Bail Bond Guide,”
he recounted.
The 2018 Bail Bond Guide was adopted by the DOJ based on criteria and standards set under Rule 114 of the Revised Rules of Criminal Procedure.
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