Reduced bail to be sought for indigent defendants

MANILA, Philippines — In a bid to decongest prisons nationwide, the Department of Justice (DOJ) has issued a circular lowering the amount of bail for indigent defendants facing criminal charges.

In a department circular issued on Monday, Justice Secretary Jesus Crispin Remulla ordered prosecutors to reduce bail for poor respondents to a maximum of P10,000.

“After the conduct of inquest or preliminary investigation proceedings, if the prosecutor finds probable cause with a reasonable certainty of conviction against the indigent respondent, he or she should indicate in the criminal information only 50 percent of the recommended bail as stated in the 2018 bail guidelines, or the amount of P10,000, whichever is lower,” the circular read.

Remulla said with the reduced bail, detained individuals, most of whom are indigents, may be released from detention facilities.

“Let’s look at the situation in our prisons. Some are really congested. I hope we can reduce that. This is being carefully studied by the DOJ and the Supreme Court,” Remulla told reporters yesterday.

Based on the circular, prosecutors handling cases pending before metropolitan, municipal and municipal circuit trial courts have to ensure that only qualified poor respondents must be submitted for the consideration of the courts.

The circular excludes people accused of crimes punishable by life in prison or death.

The DOJ requires indigent respondents to submit proof of income, a certificate of indigency from the Department of Social Welfare and Development or certificate of no income from the office of the barangay chairman who has jurisdiction over the residence of the person.

Chief Justice Alexander Gesmundo recommended the circular on lower bail amount during the Justice Sector Coordinating Council dialogue on Jan. 27.