7/18/2018 (1) CONFLICT BETWEEN 2018 DOJ BAIL GUIDELINES AND SC PROCEDURAL RULES

CONFLICT BETWEEN 2018 DOJ BAIL

GUIDELINES AND SC PROCEDURAL
RULES
MARLO CAMPANILLA · WEDNESDAY, APRIL 4, 2018

Under Section 2 (e) of 2018 New Bail Bond Guide (DOJ Circular No. 013 dated March 8,
2018), the amount of bail for violations of Batas Pambansa Big. 22 shall be P6,000.00 for the
first P 40,000.00 face value of the check and an additional P 6,000.00 for every P 40,000.00
in excess of P 40,000.00 but bail shall not exceed P 120,000.00.

Violation of BP 22 is covered by the Rules on Summary Procedure. Under Section 16 of the

said Rules, the court shall not order the arrest of the accused except for failure to appear
whenever required. In sum, the court in cases covered by the Rules On Summary Procedure
such as violation of BP Blg. 22 shall not issue warrant of arrest based on the finding of
probable cause upon filing of information. Thus, bail for his temporary release is not required
since he will not be arrested in the first place.

Under Section 3 of the 2018 New Bail Bond Guide, the amount of bail where the imposable
penalty is fine of more than P 400,000.00 shall be 10% thereof but shall not exceed P
120,000.00. However, under Section 6 (c) of Rule 112 of the Rules of Criminal Procedure, a
warrant of arrest shall not issue if the complaint or information is for an offense penalized by
fine only (e.g. reckless imprudence resulting in damage to property). Thus, bail for his
temporary release is not required since he will not be arrested in the first place.

The bail recommended by the public prosecutor in accordance with the 2018 New Bail Bond
Guide is not binding to the trial courts since they are tasked to obey the Rules promulgated
by the Supreme Court. If procedural rules made by the highest tribunal of land are
mandating the non-issuance of a warrant of arrest in BP Blg. 22 and crimes punishable by
fine only, the trial courts as loyal soldiers of the judiciary must comply. The recommendation
of the fiscal pursuant to the said DOJ guidelines requiring bail for the temporary release of
the accused cannot be used by the trial courts as a basis for issuing warrant of arrest in cases
where the judicial rules disallow it. It goes without saying that the Rules of Criminal
Procedure and the Rules on Summary Procedure are more superior than DOJ circulars.

Copy of the New Bail Guidelines:

https://www.doj.gov.ph/files/2018/DC/DC013-
2018MAR%202018%20New%20Bail%20Bond%20Guide%20dtd%2008%20Mar%202018(1
).pdf

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