Vous êtes sur la page 1sur 4

()CA CIRCULAR NO.

19-2014
: ALL JUI)GES OF THE FillS3" AND SECOND LEVEL
COURTS
SUBJECT:REVOCATION OF MEMORANDUM ORI)ER NO. 177
(S. 2005) ENTITLED "DIRECTING THE DEPARTMENT
OF JUSTICE TO OBSERVE A BAIL BOND GUIDE FOR
QUALIFIED THEFT
In her letter dated January 6, 2014, Secretary I,eila M. De Lima of the
Department of Justice provided the Court with a copy of Memorandum
Order No. 63 entitled "Revoking Memorandura Order No. 177 (s. 2005),"
signed by President Benigno S. Aquino 11I on Decenqber 6, 2013.
Secretary I)e l.ima' stated that the revoked Memorandum Order
No. 177 (s. 2005) dated June 28, 2005 entitled "Directing the l)epartmcnt of
Justice to Observe a Bail Bond Guide for Qualified Theft" provides in
Section 1 that:
In 1o bail shall be recommcnded lbr the crime of qualified theft where
the aggregate value of the property stolen is five hundred thousand
pesos (P500,000.00) and above.
She further stated that on July 15, 2005, the Department of Justice,
through tbrlner Secretary Raul M. Gonzalez, issued l)epamnent Circular
No. 29 entitled "Amending Department Circular No. 74 dated 06 November
2001 Involving Qualified Theft when the Value ot' the Property Stolen is
P222,000.00 or More" which provides that:
WHI::.I~,.13.1;'ORI~, pursuant to the provisions of existing laws, 11o bail
shall be recommended li)r the ofl'cnsc of qualified theft, whether

consummated, frustrated or attempted, where the valuc of the


property is P222,000.00 or more.
As stated in Memorandum Order No. 63, the inconsistency between
Memorandum Order No. 177 and I)epartment Circular No. 29, as to the
threshold amount that must be the object of the crime ot' qualified theft inorder for
bail not to be recommended, has resulted in confusion among
stakeholders in the criminal justice system. Thus the need to take a step to
streamline and rationalize the bail regime for the effective administration of
justice by revoking Memorandum Order No. 177.
The copy of Memorandum Order No. 63 is appended herein as Annex
"A" for guidance and reference.
January 2___7_7, 2014
Jf~SEI~IDAS P. MARQUEZ
~urt Administrator
~BC/~rgt/do,i.alllrialcotJrtiudges bailbond forqualifiedthe[1MAI~CA~AN P~CE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
MEMORANDUM ORDER NO. 63
REVOKING MEMORANDUM ORDER NO. 177 (s. 2005)
WHEREAS, Article i11, Section 13 of the 1987 Constitution provides that, "[a]ll
persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties,
or
be released on recognizance as may be provided by law. The right to bail shall not
be
impaired even when the privilege of the writ of habeas corpus is suspended.
Excessive
bail shall not be required;"

WHEREAS, Memorandum Order No. 177 s. 2005 ("MO 177"), entitled "Directing
the Department of Justice to Observe a Bail Bond Guide for Qualified Theft",
provides in
Section 1 thereof that "[n]o bail shall be recommended for the crime of qualified
theft
where the aggregate value of the property stolen is five hundred thousand pesos
(PS00,000.00) and above;"
WHEREAS, Department Circular No. 29 s. 2005 ("DC 29"), issued by the
Department of Justice (DO J), entitled "Amending Department Circular No. 74 dated
06
November 2001 Involving Qualified Theft when the Value of Property Stolen is
P222,000 or More", provides that "pursuant to the provisions of existing laws, no
bail
shall be. recommended for the offense of qualified theft, whether consummated,
frustrated or attempted, where the value of the property is P222,000.00 or more;"
WHEREAS, MO 177 and DC 29 are inconsistent as to the. threshold amount that
must be the object of the crime of qualified theft in order for bail not to be
recommended;
WHEREAS, the said inconsistency has. resulted in confusion among
stakeholders in the criminal justice system; and
WHEREAS, a .streamlined and rationalized bail regime is indispensable in the
effective administration of justice and the protection of the constitutional right to
bail.
PNO~'013058NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the
Philippines,
by virtue of the powers vested in me by law, do hereby revoke Memorandum Order
No.
177 s. 2005. The amount of bail that should be recommended in cases of qualified
theft

shall hereafter be governed by the pertinent rules contained in the relevant


issuances of
the Department of Justice.
This Memorandum Order shall take effect immediately.
DONE, in the City of Manila, this
Two Thousand and Thirteen.
By the President: