Department of Justice prosecutors will now recommend reduced bail at a maximum of P10,000 for indigent persons accused in bailable criminal cases filed before the courts as one of the measures to ease congestion in prison facilities nationwide.
Under Department Circular No. 011 issued on February 20, 2023, and signed by Justice Secretary Jesus Crispin Remulla, prosecutors may recommend 50 percent of the recommended bail or just P10,000, whichever is lower, under the DOJ 2018 Bail Bond Guide.
The DOJ adopted the Bail Bond Guide based on criteria and standards set under Rule 114 of the Revised Rules of Criminal Procedure.
With the reduced bail amount, many detained individuals—mainly indigent persons—would be released on bail, Remulla said.
Many criminal cases filed in courts against indigent persons are bailable, but Remulla stressed they “are unable to afford the amount set by the courts upon the recommendation of the prosecutors.”
In the circular, Remulla said prosecutors may indicate the lower amounts in the criminal information “after the conduct of inquest or preliminary investigation proceedings, (and) the investigating prosecutor finds probable cause with a reasonable certainty of conviction against the indigent respondent.”
“In all cases pending before the first or second level Courts, the trial prosecutor is duty-bound to ensure that only applications for release on recognizance by accused who are qualified and comply with the requirements of Republic Act No. 10389 or the Recognizance Act of 2012 shall be submitted for consideration of the courts,” he added.
“When accused is charged with crimes punishable by death, reclusion perpetua, or life imprisonment, he shall be deemed disqualified,” Remulla said.
These guidelines will be applied to all cases undergoing inquest or preliminary investigation proceedings, the DOJ chief said.
The circular, which was addressed to Prosecutor General A. Malcontentoand the DOJ’s National Prosecution Service (NPS), provides that “at the start of the inquest or preliminary investigation proceeding, the investigating prosecutor shall inquire from respondent whether or nothe or she claims indigency.”
Remulla added the respondent should also prove that he or she is not a habitual offender, delinquent, or recidivist.
Documents the indigent respondent should submit to prove indigency are the latest income tax return or pay slip, or other suitable proof of income; certificate of indigency from the Department of Social Welfare and Development; certificate of indigency or no income from the office of the Punong Barangay or Barangay Chairperson, who has jurisdiction over the residence of the person.
“This will help our countrymen who have been oppressed most of the time by the former system,” Remulla said. (See full story online at manilastandard.net)
“Now, we are giving importance to ordinary people under the law. The justice system should not be used to disrupt the lives of people. We are for what is right, we are for what is just,” he added.
With the new circular, Remulla said the DOJ “expects the release of many detained individuals on bail.”
He had earlier directed prosecutors that “only quality criminal cases backed by credible evidence will be filed in court” or those cases “with reasonable certainty of conviction.”
The new circular was discussed during a dialogue held last Jan. 27 by members of the Justice Sector Coordinating Council (JSCC) that included the Supreme Court (SC), the DOJ, and the Department of the Interior and Local Government (DILG), Remulla said.
During the dialogue, the DOJ brought up the problem of overpopulation and congestion in jails and prison facilities, which, he said, has been the root of the problems at the Bureau of Corrections (BuCor), including corruption, smuggling of contraband, and inmate entitlement.
“The Supreme Court, headed by Chief Justice Alexander G. Gesmundo, then proposed revisiting the existing 2018 Bail Bond Guide,” he said.