bail for qualified theft
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The assailed circular operates merely as an internal guideline
for prosecutors in making recommendations to courts relative to
bail applications. This is evident in the circular itself as it is
addressed to "all prosecutors in the national prosecution service
and not to the judges of courts over whom respondent Secretary of
Justice exercises no control or supervision. Thus, such
recommendation although persuasive is just thati.e., recommendatory
and not necessarily-binding on the court.
In other words, it is still the trial court judge, in the exercise
of his discretion, who ultimately decides whether a person charged
with a capital offense or of an offense punishable byreclusion
perpetuaor life imprisonment, may be granted provisional liberty on
bail. Notwithstanding DOJ Circular No. 29, this discretion still
remains to be within the exclusive domain of the trial judge and
has never been
reposed in the prosecutor. Clearly then, petitioner, even given the
no-bail recommendation of the prosecutor, is not barred from
seeking provisional liberty by filing his bail application with the
trial court.
In the 2000 Bail Bond Guide of the National Prosecution Service, the bail bond for the crime of attempted murder was fixed at P120, 000.00. Although technically courts are not bound by this Bail Bond Guide issued by the Executive Branch, it was discussed by the Supreme Court in several cases that the same merits attention, being in a sense an expression of policy of the Executive Branch, through the Department of Justice, in the enforcement of criminal laws [People vs. Resterio-Andrade, 175 SCRA 782 (1989)] and courts are advised that they must not only be aware but should also consider the Bail Bond Guide due to its significance in the administration of criminal justice [Chu vs. Dolalas, 260 SCRA 309 (1996)].
In consideration of the imposable penalty for the offense charged, the financial ability of the accused to give bail, the nature and circumstances of the offense charged and the weight of evidence against him, it is humbly requested from this Honorable Court that the motion to reduce bail bond to P40, 000.00 be DENIED and a higher bail bond be fixed in this case from P80, 000.00 to P120, 000.00.