DOJ sets P10K max bail for indigent accused
THE Department of Justice (DOJ) has issued new guidelines on reduced bail amounts for indigent individuals undergoing inquest or preliminary investigation for non-capital offenses.
The purpose of the guidelines is to ease prison congestion, according to Justice Secretary Jesus Crispin Remulla.
Under Department Circular No. 11, if the prosecutor is reasonably certain of conviction, only 50% of the recommended bail as stated in the 2018 Bail Bond Guide, or P10,000 – whichever is lower – will be recommended.
Remulla expressed optimism that the new guidelines would result in the release of a significant number of persons from jail.
Remulla, a former Cavite lawmaker, observed that individuals facing bailable cases are often incarcerated because “they are unable to afford the amount set by the courts upon the recommendation of the prosecutors.”
To establish indigency, individuals must submit the following documents: the most recent income tax return or pay slip, or other suitable proof of income; a certificate of indigency from the Department of Social Welfare and Development (DSWD); or a certificate of indigency or lack of income from the office of the Punong Barangay or Barangay Chairperson with jurisdiction over the person’s residence.
” This will help our fellow citizens who are often oppressed by the previous system. Now, we are giving importance to ordinary people in the law. The justice system should not be used to disrupt people’s lives. We should do what is right, what is fair,” Remulla said.
The DOJ recently issued a circular instructing prosecutors to evaluate cases they are handling that are cognizable by the Municipal Trial Courts (MTCs), Municipal Trial Courts in Cities (MTCCs), and Metropolitan Trial Courts (MeTCs) to determine if there is “reasonable certainty of conviction.”
“If there isn’t, a motion to withdraw the criminal information should be filed if these cases have already been filed in said courts,”
