The Department of Justice clarified that the bail threshold for qualified theft cases is PHP222,000, as stated in Department Circular No. 29 of 2005. This overrides a previous threshold of PHP500,000 from Memorandum Order No. 177 of 2005, which was recently revoked. The conflicting policies caused confusion. The DOJ hopes to establish clear and predictable rules of law. The Bail Committee will update the 2000 bail guidelines to prevent indefinite jailing for property crimes that do not constitute economic sabotage or large-scale fraud, and to avoid punishing the poor twice by an inability to afford bail.
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Merc Bar 2018
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Suggested Answers to the Merc Bar by Fiscal Rocille Aquino Tambasacan
The Department of Justice clarified that the bail threshold for qualified theft cases is PHP222,000, as stated in Department Circular No. 29 of 2005. This overrides a previous threshold of PHP500,000 from Memorandum Order No. 177 of 2005, which was recently revoked. The conflicting policies caused confusion. The DOJ hopes to establish clear and predictable rules of law. The Bail Committee will update the 2000 bail guidelines to prevent indefinite jailing for property crimes that do not constitute economic sabotage or large-scale fraud, and to avoid punishing the poor twice by an inability to afford bail.
The Department of Justice clarified that the bail threshold for qualified theft cases is PHP222,000, as stated in Department Circular No. 29 of 2005. This overrides a previous threshold of PHP500,000 from Memorandum Order No. 177 of 2005, which was recently revoked. The conflicting policies caused confusion. The DOJ hopes to establish clear and predictable rules of law. The Bail Committee will update the 2000 bail guidelines to prevent indefinite jailing for property crimes that do not constitute economic sabotage or large-scale fraud, and to avoid punishing the poor twice by an inability to afford bail.
The Department of Justice today said that the value of property in
cases of qualified theft that determines whether or not bail can be granted is set at Php222,000. This is the existing policy under Department Circular No. 29 series of 2005. Recently, the Office of the President revoked Memorandum Order No. 177 issued in 2005 that provided a different amount of Php500,000. "The conflicting issuances resulted to confusion in the bench and bar," said Secretary of Justice Leila M. de Lima. "By having clear rules, we hope that there will be more predictability and stability in our legal framework," she added. This criminal justice reform was initiated by the DOJ Bail Bond Committee constituted under Department Order No. 383 dated 10 May 2012 and chaired by Assistant Secretary Geronimo L. Sy. "The next step is to craft a policy that will not put people to jail indefinitely for property crimes unless these constitute economic sabotage or large scale fraud," said Assistant Secretary Sy. "The poor specially ought not to be punished twice for not being able to afford bail," he added. The Bail Committee will proceed with the development of the 2014 Guidelines on Bail to update the old 2000 Rules. A copy of Memorandum Order No. 63 entitled "Revoking Memorandum Order No. 177 (s. 2005)" dated December 6, 2013 may be downloaded at http://www.gov.ph/2013/12/o6/memorandum-order-no-63-s- 2013/.
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