On July 13, 2009, the Department of Justice (DOJ) issued Circular No. 042-09, amending the 2000 Bail Bond Guide for swindling and estafa cases under Articles 315 and 316 of the Revised Penal Code. The amendment responds to a rise in large-scale fraud that threatens economic stability and public trust in the legal system. It establishes that bail will not be recommended for offenders of these crimes if committed in relation to Presidential Decree No. 1689, reflecting the serious nature of the offenses. This change aims to deter such crimes and hold perpetrators accountable, and it applies to ongoing preliminary investigations as well. The Circular took immediate effect, superseding any prior inconsistent regulations.
July 13, 2009
DOJ DEPARTMENT CIRCULAR NO. 042-09
| TO | : | All Prosecutors in the National Prosecution Service |
| SUBJECT | : | Amendment to the 2000 Bail Bond Guide |
WHEREAS, there is an upsurge in swindling and estafa cases involving fund scams and other similar forms of fraud committed in large scale against the unsuspecting general public;
WHEREAS, these forms of systematic fraud are committed with increased sophistication and in a scale and amount that threatens the economic well-being and financial stability of the country, erodes the public's faith in the rule of law, seriously contravenes public interest and amounts to economic sabotage;
WHEREAS, the large amounts of defraudation enable offenders to easily abscond and evade prosecution by posting minimal amounts of bail that are disproportional to the large amounts of fraud or swindling; EScAHT
WHEREAS, there is a need to stop the resurgence of these crimes, strongly deter their commission and to hold perpetrators to account for such defraudation;
WHEREAS, the maximum penalty for violations of Article 315 and Article 316 of the Revised Penal Code, in relation to Section 1 of P.D. No. 1689 (Increasing the Penalty for Certain Forms of Swindling or Estafa) is life imprisonment (to death), which penalty renders these offenses capital, and thus, bail for the offender(s) is no longer a matter of right pursuant to Section 13, Article III of the Constitution.
WHEREFORE, the 2000 Bail Bond Guide of the National Prosecution Service presently provides for a recommended maximum bond of P40,000.00 for violations of Article 315 and Article 316 of the Revised Penal Code.
NOW, CONSISTENTLY WITH THE FOREGOING, the 2000 Bail Bond Guide of the National Prosecution Service is hereby amended to state that no bail shall be recommended for estafa under Article 315 and Article 316 of the Revised Penal Code, if the same is committed in relation to P.D. No. 1689. SDAaTC
This Circular shall likewise apply to cases of estafa under Article 315 and Article 316 of the Revised Penal Code, in relation to P.D. No. 1689, that are presently under preliminary investigation.
This Circular supersedes all Department issuances, inconsistent herewith, takes effect immediately and remains in force until otherwise revoked.
(SGD.) AGNES VST DEVANADERAActing Secretary
Published in The Philippine Star on August 17, 2009.