Bail for petty crimes not necessary
January 21, 2005
Justice Secretary Raul Gonzalez cautioned prosecutors nationwide against recommending bail for petty crimes.
In his memorandum circular addressed to regional, state, provincial and city prosecutors and their assistants, Secretary Gonzalez noted that in some cases, investigating prosecutors have recommended bail for mere violations of municipal and city ordinance or criminal offenses where the prescribed penalty is not higher than arresto mayor and/or a fine of two thousand pesos.
“This practice,” the Secretary said, “is a violation of the letter and spirit of the provisions of R. A. 6036, otherwise known as the ‘Laurel Law’.”
The Laurel Law provides that bail shall not, with certain exceptions, be required in cases of violations of municipal or city ordinances. It also includes criminal offenses when the prescribed penalty is not higher than arresto mayor and or a fine of two thousand pesos or both.
Secretary Gonzalez lamented that recommending bail for mere violations of municipal and city ordinances or petty criminal offenses disallows the posting of bail subject to certain exceptions, where the suspect is unable to post the same.
The following are such exceptions:
1. When he is caught committing the offense in flagranti;
2. When he confesses to the commission of the offense unless the confession is later repudiated by him in a sworn statement or in open court as having been extracted through force or intimidation;
3. When he is found to have previously escaped from legal confinement, evaded sentence, or jumped bail;
4. When is found to have previously violated recognizance;
5. When he is found to be a recidivist or a habitual delinquent or has been previously convicted for an offense;
6. When he commits the offense while on parole or under conditional pardon.
Secretary Gonzalez added that this practice likewise results in a situation where the poor suspects languish in jail simply for lack of money to post bail and thereby leads to jail congestion.
He thereby called for strict compliance of the provisions of R. A. 6036.
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