Amendment to the 2000 Bail Bond Guide Involving Estafa under Art. 315 2(d) as amended by PD 818, and Qualified Theft
DOJ Circular No. 74Other Rules and Procedures16 min read
The DOJ Circular No. 74 issued on November 6, 2001, amends the 2000 Bail Bond Guide regarding bail recommendations for estafa under Article 315(2)(d) and qualified theft. It specifies that for estafa, bail amounts vary based on the amount of fraud, with a maximum cap of P60,000 for cases involving P32,000 or more. Similarly, for qualified theft, bail is determined by the value of the stolen property, with a cap set at P80,000 for amounts over P32,000. The circular also outlines specific calculations for bail based on the penalties associated with these offenses, ensuring clarity and consistency in the prosecution process. All prior inconsistent issuances are deemed amended or repealed.
Quick Answers
- What is Amendment to the 2000 Bail Bond Guide Involving Estafa under Art. 315 2(d) as amended by PD 818, and Qualified Theft about?
- The DOJ Circular No. 74 issued on November 6, 2001, amends the 2000 Bail Bond Guide regarding bail recommendations for estafa under Article 315(2)(d) and qualified theft. It specifies that for estafa, bail amounts vary based on the amount of fraud, with a maximum cap of P60,000 for cases involving P32,000 or more. Similarly, for qualified theft, bail is determined by the value of the stolen property, with a cap set at P80,000 for amounts over P32,000. The circular also outlines specific calculations for bail based on the penalties associated with these offenses, ensuring clarity and consistency in the prosecution process. All prior inconsistent issuances are deemed amended or repealed.
- What type of law is DOJ Circular No. 74?
- Amendment to the 2000 Bail Bond Guide Involving Estafa under Art. 315 2(d) as amended by PD 818, and Qualified Theft (DOJ Circular No. 74) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.
- When was Amendment to the 2000 Bail Bond Guide Involving Estafa under Art. 315 2(d) as amended by PD 818, and Qualified Theft enacted?
- Amendment to the 2000 Bail Bond Guide Involving Estafa under Art. 315 2(d) as amended by PD 818, and Qualified Theft (DOJ Circular No. 74) was enacted on Nov 6, 2001.
- What is the citation for Amendment to the 2000 Bail Bond Guide Involving Estafa under Art. 315 2(d) as amended by PD 818, and Qualified Theft?
- Amendment to the 2000 Bail Bond Guide Involving Estafa under Art. 315 2(d) as amended by PD 818, and Qualified Theft, DOJ Circular No. 74, Nov 6, 2001 (Philippines)
Law Information
- Reference Number
- DOJ Circular No. 74
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Bail Bond
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
November 6, 2001
DOJ CIRCULAR NO. 74
| TO | : | All Prosecutors in the National Prosecution Service |
| SUBJECT | : | Amendment to the 2000 Bail Bond Guide Involving Estafa under Art. 315 2(d) as amended by PD 818, and Qualified Theft |
WHEREAS, under the 2000 Bail Bond Guide, no bail is recommended for estafa under Art. 315 2(d), RPC as amended by PD 818, as well as for Qualified Theft when the amount of fraud or the value of the property involved is P32,000.00 or over;
WHEREAS, such policy has already been overtaken and rendered untenable by the new jurisprudence, particularly the ruling in People vs. Hernando, 317 SCRA 621 (1999);
WHEREFORE, in estafa under Art. 315 2(d), as amended by PD 818, and Qualified Theft, the bail to be recommended shall be governed by the following rules:
A. FOR ESTAFA (ART. 315, 2(d) RPC, as amended by PD 818:
1) Where the amount of fraud involved does not exceed P22,000.00, bail shall be computed based on the applicable provisions of the 2000 Bail Bond Guide.
2) Where the amount of fraud involved is more than P22,000.00 but less than P32,000.00, bail shall be based on the maximum period of the imposable penalty of reclusion temporal multiplied by P2,000.00. EASIHa
3) Where the amount of fraud is P32,000.00 or over in which the imposable penalty is reclusion temporal to reclusion perpetua,bail shall be based on reclusion temporal maximum, pursuant to Par. 2 (a) of the 2000 Bail Bond Guide, multiplied by P2,000.00, plus an additional of P2,000.00 for every P10,000.00 in excess of P22,000.00; Provided, however,that the total amount of bail shall not exceed P60,000.00
B. FOR QUALIFIED THEFT
1) Where the value of the property stolen does not exceed P22,000.00, bail shall be based on the maximum period of the imposable penalty after applying the two degree rule under Art. 310, RPC, and to be multiplied by P2,000.00.
2) Where the value of the property stolen is more than P22,000.00 but less than P32,000.00, bail shall be based on the maximum period of reclusion temporal medium and maximum, multiplied by P2,000.00.
3) Where the value of the property stolen is P32,000.00 or over, in which the imposable penalty ranges from reclusion temporal to reclusion perpetua,bail shall be based on reclusion temporal in its maximum period, pursuant to Par. 2 (a) of the 2000 Bail Bond Guide, multiplied by P2,000.00, plus an additional of P2,000.00 for every P10,000.00 in excess of P22,000.00; Provided, however,that bail shall not exceed P80,000.00. caIDSH
These rules on bail for qualified theft shall apply to special laws which adopt the penalties under Art. 309 and Art. 310 of the RPC.
In computing the additional penalty of one (1) year for every P10,000.00 in excess of P22,000.00, either in estafa or qualified theft (or even in simple theft for that matter),any amount less than P10,000.00 shall not be rounded off to one (1) year nor counted as a fraction of a year, but shall altogether be disregarded.
Any circular or other issuances inconsistent herewith are hereby deemed amended or repealed accordingly.
This circular shall take effect immediately.
(SGD.) HERNANDO B. PEREZSecretary
SCHEDULE "A"
|
Felony /Offense
|
Penalty
|
Amount of Bail
|
| Estafa (Art. 315, 2(d) | ||
| RPC as amended by PD 818 | ||
| If the amount of fraud | Reclusion temporal | P60,000.00 |
| is 122,000.00 or over | to 30 years reclusion | |
| perpetua (20 yrs. plus | ||
| yrs.)10 | ||
| Frustrated | Prision mayor to | P44,000.00 |
| 22 years of reclusion | ||
| perpetua (12 yrs. | ||
| plus 10 yrs.) | ||
| Attempted | Prision correccional | P32,000.00 |
| to 16 years of reclusion | ||
| temporal medium | ||
| (6 yrs. plus 10 yrs.) | ||
| If the amount of fraud | Reclusion temporal | P58,000.00 |
| is P112,000.00 | to 29 years of reclusion | |
| perpetua (20 yrs. plus | ||
| 9 yrs.) | ||
| Frustrated | Prision mayor to | P42,000.00 |
| 21 years of reclusion | ||
| perpetua (12 yrs. plus | ||
| 9 yrs.) | ||
| If the amount of fraud | Reclusion temporal | P56,000.00 |
| is P102,000.00 or over | to 28 years of reclusion | |
| perpetua (20 yrs. plus | ||
| 8 yrs.) | ||
| Frustrated | Prision mayor to | P40,000.00 |
| 20 years of reclusion | ||
| temporal maximum | ||
| (12 yrs. plus 8 yrs.) | ||
| Attempted | Prision correccional | P28,000.00 |
| to 14 years of reclusion | ||
| temporal minimum | ||
| (6 yrs. plus 8 yrs.) | ||
| If the amount of fraud | Reclusion temporal | P54,000.00 |
| is P92,000.00 | to 27 years of reclusion | |
| perpetua (20 yrs. plus | ||
| 7 yrs.) | ||
| Frustrated | Prision mayor to | P38,000.00 |
| 19 years of reclusion | ||
| temporal maximum | ||
| (12 yrs plus 7 yrs.) | ||
| If the amount of fraud | Reclusion temporal | P52,000.00 |
| is P82,000.00 | to 26 years of reclusion | |
| perpetua (20 yrs. plus | ||
| 6 yrs. | ||
| Frustrated | Prision mayor to | P36,000.00 |
| 18 years of reclusion | ||
| temporal maximum | ||
| (12 yrs. plus 6 yrs.) | ||
| Attempted | Prision correccional | P24,000.00 |
| to 12 years of prision | ||
| mayor maximum (6 | ||
| yrs. plus 6 yrs.) | ||
| If the amount of fraud | Reclusion temporal | P50,000.00 |
| is P72,000.00 | to 25 years of reclusion | |
| perpetua (20 yrs. plus | ||
| 5 yrs) | ||
| Frustrated | Prision mayor to | P34,000.00 |
| 17 years of reclusion | ||
| temporal medium | ||
| (12 yrs. plus 5 yrs.) | ||
| Attempted | Prision correccional | P22,000.00 |
| to 11 years of prision | ||
| mayor maximum | ||
| (6 yrs. plus 5 yrs.) | ||
| If the amount of fraud | Reclusion temporal | P48,000.00 |
| is P62,000.00 | to 24 years of reclusion | |
| perpetua (20 yrs plus | ||
| 4 yrs) | ||
| Frustrated | Prision mayor to | P32,000.00 |
| 16 years of reclusion | ||
| temporal medium | ||
| (12 yrs. plus 4 yrs.) | ||
| Attempted | Prision correccional | P20,000.00 |
| to 10 years of prision | ||
| mayor medium | ||
| (6 yrs. plus 4 yrs.) | ||
| If the amount of fraud | Reclusion temporal | P46,000.00 |
| is P52,000.00 | to 23 years of reclusion | |
| perpetua | ||
| (20 yrs. plus 3 yrs.) | ||
| Frustrated | Prision mayor to | P30,000,00 |
| 15 years of reclusion | ||
| temporal medium | ||
| (12 yrs. plus 3 yrs.) | ||
| Attempted | Prision correccional | P18,000.00 |
| to 9 years of prision | ||
| mayor medium | ||
| (6 yrs. plus 3 yrs.) | ||
| If the amount of fraud | Reclusion temporal | P44,000.00 |
| is P42,000.00 | to 22 years of reclusion | |
| perpetua (20 yrs. plus | ||
| 2 yrs.) | ||
| Frustrated | Prision mayor to | P28,000.00 |
| 14 years of reclusion | ||
| temporal minimum | ||
| (12 yrs. plus 2 yrs.) | ||
| Attempted | Prision correccional | P16,000.00 |
| to 8 years of prision | ||
| mayor minimum | ||
| (6 yrs. plus 2 yrs. | ||
| If the amount of fraud | Reclusion temporal | P42,000.00 |
| is P32,000.00 | to 21 years of reclusion | |
| perpetua (20 yrs. plus | ||
| 1 yr.) | ||
| Frustrated | Prision mayor to | P26,000.00 |
| 13 years of reclusion | ||
| temporal minimum | ||
| (12 yrs. plus 1 yr.) | ||
| Attempted | Prision correccional | P14,000.00 |
| to 7 years of prision | ||
| mayor minimum | ||
| (6 yrs. plus 1 yr.) | ||
| If the amount of fraud | Reclusion temporal | P40,000.00 |
| is over P22,000.00 but | maximum | |
| less than P32,000 | ||
| Frustrated | Reclusion temporal | P36,000.00 |
| medium | ||
| Attempted | Reclusion temporal | P30,000.00 |
| minimum | ||
| If the amount of fraud | Reclusion temporal | P40,000.00 |
| is over P12,000.00 but | ||
| does not exceed P22,000 | ||
| Frustrated | Prision mayor | P24,000.00 |
| Attempted | Prision correccional | P12,000.00 |
| If the amount of fraud | Prision mayor | P24,000.00 |
| is over P6,000.00 but | maximum | |
| does exceed P12,000 | ||
| Frustrated | Prision mayor | P20,000.00 |
| medium | ||
| Attempted | Prision mayor | P16,000.00 |
| minimum | ||
| If the amount of fraud | Prision mayor | P20,000.00 |
| is over P200.00 but | medium | |
| does not exceed P6,000 | ||
| Frustrated | Prision mayor | P16,000.00 |
| Attempted | Prision correccional | P12,000.00 |
| If the amount of fraud | Prision mayor | P16,000.00 |
| does not exceed P200.00 | minimum | |
| Frustrated | Prision correccional | P12,000.00 |
| maximum | ||
| Attempted | Prision correccional | P10,000.00 |
| medium |
SCHEDULE "B"
| Felony /Offense | Penalty | Amount of Bail |
| Qualified Theft (Art. 310 | ||
| in rel. to Art. 309, RPC) | ||
| If the value of property | Reclusion temporal medium | P80,000.00 |
| stolen is P222,000.00 or | and maximum to 40 yrs. of | |
| over | reclusion perpetua (20 years | |
| plus 20 yrs.) | ||
| Frustrated | Prision mayor maximum to | P70,000.00 |
| reclusion temporal minimum, | ||
| to 35 years of reclusion | ||
| perpetua (15 years plus 20 years) | ||
| Attempted | Prision mayor minimum and | P60,000.00 |
| medium to 30 years of reclusion | ||
| perpetua (10 yrs. plus 20 years.) | ||
| If the value of the | Reclusion temporal medium | P78,000.00 |
| property stolen is | and maximum to 39 years of | |
| P212,000.00 | reclusion perpetua (20 years | |
| plus 19 years) | ||
| Frustrated | Prision mayor maximum to | P68,000.00 |
| reclusion temporal minimum | ||
| to 34 years of reclusion | ||
| perpetua (15 yrs. plus 19 years) | ||
| Attempted | Prision mayor minimum and | P58,000.00 |
| medium to 29 years of reclusion | ||
| perpetua (10 years plus 19 years) | ||
| If the value of the | Reclusion temporal medium and | P76,000.00 |
| property stolen is | maximum to 38 years of | |
| P202,000.00 | reclusion perpetua (20 years plus | |
| 18 years) | ||
| Frustrated | Prision mayor maximum to | P66,000.00 |
| reclusion temporal minimum to | ||
| 33 years of reclusion perpetua | ||
| (15 years plus 18 years) | ||
| Attempted | Prision mayor minimum and | P56,000.00 |
| medium to 28 years of reclusion | ||
| perpetua (10 years plus 18 years) | ||
| If the value of the | Reclusion temporal medium and | P74,000.00 |
| property stolen is | maximum to 37 years of reclusion | |
| P192,000.00 | perpetua (20 years plus 17 years) | |
| Frustrated | Prision mayor maximum to | P64,000.00 |
| reclusion temporal minimum to | ||
| 32 years of reclusion perpetua | ||
| (15 years plus 17 years) | ||
| Attempted | Prision mayor minimum and | P54,000.00 |
| medium to 27 years of reclusion | ||
| perpetua (10 years plus 17 years) | ||
| If the value of the | Reclusion temporal medium and | P72,000.00 |
| property stolen is | maximum to 36 years of | |
| P182,000.00 | reclusion perpetua (20 years plus | |
| 16 years) | ||
| Frustrated | Prision mayor maximum to | P62,000.00 |
| reclusion temporal minimum to | ||
| 31 years of reclusion perpetua | ||
| (15 years plus 16 years) | ||
| Attempted | Prision mayor minimum and | P52,000.00 |
| medium to 26 years of reclusion | ||
| perpetua (10 yrs. plus 16 years) | ||
| If the value of the | Reclusion temporal medium and | P70,000.00 |
| property stolen is | maximum to 35 years of | |
| P172,000.00 | reclusion perpetua (20 years plus | |
| 15 years) | ||
| Frustrated | Prision mayor maximum to | P60,000.00 |
| reclusion temporal minimum to | ||
| 30 years of reclusion perpetua | ||
| (15 years plus 15 years) | ||
| Attempted | Prision mayor minimum and | P50,000.00 |
| medium to 25 years of reclusion | ||
| perpetua (10 years plus 15 years) | ||
| If the value of the | Reclusion temporal medium and | P68,000.00 |
| property stolen | maximum to 34 years of | |
| P162,000.00 | reclusion perpetua (20 years plus | |
| 14 years) | ||
| Frustrated | Prision mayor maximum to | P58,000.00 |
| reclusion temporal minimum to | ||
| 29 years of reclusion perpetua | ||
| (15 yrs. plus 14 years) | ||
| Attempted | Prision mayor minimum and | P48,000.00 |
| medium to 24 years of reclusion | ||
| perpetua (10 years plus 14 years) | ||
| If the value of the | Reclusion temporal medium and | P66,000.00 |
| property stolen is | maximum to 33 years of | |
| P152,000.00 | reclusion perpetua (20 years plus | |
| 13 years) | ||
| Frustrated | Prision mayor maximum to | P56,000.00 |
| reclusion temporal minimum to | ||
| 28 years of reclusion perpetua | ||
| (15 years plus 13 years) | ||
| Attempted | Prision mayor minimum and | P46,000.00 |
| medium to 23 years of reclusion | ||
| perpetua (10 years plus 13 years) | ||
| If the value of the | Reclusion temporal medium and | P64,000.00 |
| property stolen is | maximum to 32 years of | |
| P142,000.00 | reclusion perpetua (20 years plus | |
| 12 years) | ||
| Frustrated | Prision mayor maximum to | P54,000.00 |
| reclusion temporal minimum to | ||
| 27 years of reclusion perpetua | ||
| (15 years plus 12 years) | ||
| Attempted | Prision mayor minimum and | P44,000.00 |
| medium to 22 years of reclusion | ||
| perpetua (10 years plus 12 years) | ||
| If the value of the property | Reclusion temporal medium and | P62,000.00 |
| stolen is P132,000.00 | maximum to 31 years of | |
| reclusion perpetua (20 years plus | ||
| 12 years) | ||
| Frustrated | Prision mayor maximum to | P52,000.00 |
| reclusion temporal minimum to | ||
| 26 yrs. of reclusion perpetua | ||
| (15 years plus 11 years) | ||
| Attempted | Prision mayor minimum and | P42,000.00 |
| medium to 21 years of reclusion | ||
| perpetua (10 years plus 11 years) | ||
| If the value of the | Reclusion temporal medium and | P60,000.00 |
| property stolen is | maximum to 30 years of | |
| P122,000.00 | reclusion perpetua (20 years plus | |
| 10 years) | ||
| Frustrated | Prision mayor maximum to | P50,000.00 |
| reclusion temporal minimum to | ||
| 25 years of reclusion perpetua | ||
| (15 years plus 10 years) | ||
| Attempted | Prision mayor minimum and | P40,000.00 |
| medium to 20 years of reclusion | ||
| perpetua (10 years plus 10 years) | ||
| If the value of the | Reclusion temporal medium and | P58,000.00 |
| property stolen is | maximum to 29 years of | |
| P112,000.00 | reclusion perpetua (20 years plus | |
| 9 years) | ||
| Frustrated | Prision mayor maximum to | P48,000.00 |
| reclusion temporal minimum to | ||
| 24 years of reclusion perpetua | ||
| (15 years plus 9 years) | ||
| Attempted | Prision mayor minimum and | P38,000.00 |
| medium to 19 years of reclusion | ||
| perpetua (10 years plus 9 years) | ||
| If the value of the | Reclusion temporal medium and | P56,000.00 |
| property stolen is | maximum to 28 years of | |
| P102,000.00 | reclusion perpetua (20 years plus | |
| 8 years) | ||
| Frustrated | Prision mayor maximum to | P46,000.00 |
| reclusion temporal minimum to | ||
| 23 years of reclusion perpetua | ||
| (15 years plus 8 years) | ||
| Attempted | Prision mayor minimum and | P36,000.00 |
| medium to 18 years of reclusion | ||
| perpetua (10 years plus 8 years) | ||
| If the value of the | Reclusion temporal medium and | P54,000.00 |
| property stolen is | maximum to 27 years of | |
| P92,000.00 | reclusion perpetua (20 years plus | |
| 7 years) | ||
| Frustrated | Prision mayor maximum to | P44,000.00 |
| reclusion temporal minimum to | ||
| 22 years of reclusion perpetua | ||
| (15 years plus 7 years) | ||
| Attempted | Prision mayor minimum and | P34,000.00 |
| medium to 17 years of reclusion | ||
| perpetua (10 years plus 7 yrs.) | ||
| If the value of the | Reclusion temporal medium and | P52,000.00 |
| property stolen is | maximum to 26 years of | |
| P82,000.00 | reclusion perpetua (20 years plus | |
| 6 years) | ||
| Frustrated | Prision mayor maximum to | P42,000.00 |
| reclusion temporal minimum to | ||
| 21 years of reclusion perpetua | ||
| (15 years plus 6 years) | ||
| Attempted | Prision mayor minimum and | P32,000.00 |
| medium to 16 years of reclusion | ||
| perpetua (10 years plus 6 years) | ||
| If the value of the | Reclusion temporal medium and | P50,000.00 |
| property stolen is | maximum to 25 years of | |
| P72,000.00 | reclusion perpetua (20 years plus | |
| 5 years) | ||
| Frustrated | Prision mayor maximum to | P40,000.00 |
| reclusion temporal minimum to | ||
| 20 years of reclusion perpetua | ||
| (15 years plus 5 years) | ||
| Attempted | Prision mayor minimum and | P30,000.00 |
| medium to 15 years of reclusion | ||
| perpetua (10 years plus 5 years) | ||
| If the value of the | Reclusion temporal medium and | P48,000.00 |
| property stolen is | maximum to 24 years of | |
| P62,000.00 | reclusion perpetua (20 years plus | |
| 4 years) | ||
| Frustrated | Prision mayor maximum to | P38,000.00 |
| reclusion temporal minimum to | ||
| 19 years of reclusion perpetua | ||
| (15 years plus 4 years) | ||
| Attempted | Prision mayor minimum and | P28,000.00 |
| medium to 14 years of reclusion | ||
| perpetua (10 years plus 4 years) | ||
| If the value of the | Reclusion temporal medium and | P46,000.00 |
| property stolen is | maximum to 23 years of | |
| P52,000.00 | reclusion perpetua (20 years plus | |
| 3 years) | ||
| Frustrated | Prision mayor maximum to | P36,000.00 |
| reclusion temporal minimum to | ||
| 18 years of reclusion perpetua | ||
| (15 years plus 3 years) | ||
| Attempted | Prision mayor minimum and | P26,000.00 |
| medium to 13 years of reclusion | ||
| perpetua (10 years plus 3 yrs.) | ||
| If the value of the | Reclusion temporal medium and | P44,000.00 |
| property stolen is | maximum to 22 years of | |
| P42,000.00 | reclusion perpetua (20 years plus | |
| 2 years) | ||
| Frustrated | Prision mayor maximum to | P34,000.00 |
| reclusion temporal minimum to | ||
| 17 years of reclusion perpetua | ||
| (15 years plus 2 years) | ||
| Attempted | Prision mayor minimum and | P24,000.00 |
| medium to 12 years of reclusion | ||
| perpetua (10 years plus 2 years) | ||
| If the value of the | Reclusion temporal medium and | P42,000.00 |
| property stolen is | maximum to 21 years of | |
| P32,000.00 | reclusion perpetua (20 years plus | |
| 1 year) | ||
| Frustrated | Prision mayor maximum to | P32,000.00 |
| reclusion temporal minimum to | ||
| 16 years of reclusion perpetua | ||
| (15 years plus 1 year) | ||
| Attempted | Prision mayor minimum and | P22,000.00 |
| medium to 11 years of reclusion | ||
| perpetua (10 years plus 1 year) | ||
| If the value of the | Maximum period of reclusion | P40,000.00 |
| property stolen is over | temporal medium and maximum | |
| P22,000.00 but less than | ||
| P32,000.00 | ||
| Frustrated | Maximum period of reclusion | P38,000.00 |
| temporal medium and maximum | ||
| Attempted | Maximum period of reclusion | P34,000.00 |
| temporal medium and maximum | ||
| If the value of the | Reclusion temporal medium and | P40,000.00 |
| property stolen is over | maximum | |
| P12,000.00 but less than | ||
| P22,000.00 | ||
| Frustrated | Prision mayor maximum to | P30,000.00 |
| reclusion temporal minimum | ||
| Attempted | Prision mayor minimum and | P20,000.00 |
| medium | ||
| Theft, simple/qualified theft | ||
| If the value of the | Arresto mayor and/or fine | Bail Not Required |
| property stolen belongs to | from P200.00 to P500.00 | |
| the National Library or | ||
| National Museum (Art. | ||
| 311, 1st Phrase) | ||
| Frustrated | Destierro and/or fine from | Bail Not Required |
| P200.00 to P375.00 | ||
| Attempted | Arresto menor and/or fine | Bail Not Required |
| from P200.00 to P250.00 | ||
| Note: If the act | ||
| constitutes simple theft | ||
| and penalty is higher, | ||
| apply Art. 309; if the act | ||
| constitutes qualified theft | ||
| apply Art. 310 (Art. 311, | ||
| 2nd Phrase) | ||
| Theft Qualified | ||
| (Art. 310 in relation to | ||
| Articles 308 and 309) | ||
| If the value of the | No Bail | |
| property stolen is | ||
| P32,000.00 or over | ||
| Frustrated | Reclusion Temporal | P40,000.00 |
| Attempted | Prision mayor | P24,000.00 |
| Theft, qualified | ||
| If the value of the | Maximum period of reclusion | P40,000.00 |
| property stolen is over | temporal medium and maximum | |
| P22,000.00 but less | ||
| than P32,000.00 | ||
| Frustrated | Medium period of reclusion | P38,000.00 |
| temporal medium and maximum | ||
| Attempted | Minimum period of reclusion | P34,000.00 |
| temporal medium and maximum | ||
| If the value of the | Reclusion temporal medium and | P40,000.00 |
| property stolen is more | maximum | |
| than P12,000.00 but does | ||
| not exceed P22,000.00 | ||
| Frustrated | Prision mayor maximum to | P30,000.00 |
| reclusion temporal minimum | ||
| Attempted | Prision mayor minimum | P20,000.00 |
| Theft, qualified | ||
| If the value of the | Prision mayor maximum to | P30,000.00 |
| property stolen is more | reclusion temporal minimum | |
| than P6,000.00 but does | ||
| not exceed P12,000.00 | ||
| Frustrated | Prision mayor minimum and | P20,000.00 |
| medium | ||
| Attempted | Prision correccional medium | P12,000.00 |
| and maximum | ||
| If the value of the | Prision mayor medium and | P24,000.00 |
| property stolen is more | maximum | |
| than P200.00 but does | ||
| not exceed P6,000.00 | ||
| Frustrated | Prision correccional maximum | P16,000.00 |
| to prision mayor minimum | ||
| Attempted | Prision correccional minimum | P10,000.00 |
| and medium | ||
| If the value of the | Prision mayor medium to | P30,000.00 |
| property stolen is more | reclusion temporal minimum | |
| than P50.00 but does not | ||
| exceed P200.00 | ||
| Frustrated | Prision correccional medium to | P16,000.00 |
| prision mayor minimum | ||
| Attempted | Arresto mayor medium to prision | P6,000.00 |
| correccional minimum | ||
| If the value of the | Prision correccional medium | P10,000.00 |
| property stolen is over | ||
| P5.00 but does not | ||
| exceed P50.00 | ||
| Frustrated | Prision correccional minimum | P6,000.00 |
| Attempted | Arresto mayor maximum | Bail Not Required |
| If the value of the | Prision correccional medium | P12,000.00 |
| property stolen does not | and maximum | |
| exceed P5.00 | ||
| Frustrated | Arresto mayor maximum to | P6,000.00 |
| prision correccional minimum | ||
| Attempted | Arresto mayor minimum | Bail Not required |
| and medium | ||
| If the value or property stolen | Arresto mayor minimum and | Bail Not Required |
| does not exceed P5.00 and | medium | |
| the offender enters an | ||
| enclosed estate or a field | ||
| where trespass is | ||
| forbidden or which | ||
| belong to another | ||
| Frustrated | Destierro and fine not | Bail Not Required |
| exceeding P250.00 | ||
| Attempted | Arresto menor or fine not | Bail Not Required |
| exceeding P200.00 | ||
| If the value or property stolen | Arresto menor maximum | Bail Not Required |
| does not exceed P5.00 and | or fine not exceeding | |
| the offender acted under | P75.00 | |
| the impulse of hunger, | ||
| poverty or difficulty of | ||
| earning a livelihood | ||
| Frustrated | Arresto menor medium or | Bail Not Required |
| fine not exceeding P62.50 | ||
| Attempted | Arresto menor minimum or | Bail Not Required |
| fine not exceeding P50.00 |
Cite This Law
Standard Citation
Amendment to the 2000 Bail Bond Guide Involving Estafa under Art. 315 2(d) as amended by PD 818, and Qualified Theft, DOJ Circular No. 74, Nov 6, 2001 (Philippines)
Bluebook Style
Amendment to the 2000 Bail Bond Guide Involving Estafa under Art. 315 2(d) as amended by PD 818, and Qualified Theft, DOJ Circular No. 74 (Phil. 2001)
Related Laws
- Amendment to the 2000 Bail Bond GuideDOJ Department Circular No. 042-09 • Jul 13, 2009 • Other Rules and Procedures
- The 1996 Bail Bond Guide for the National Prosecution ServiceDOJ Department Circular No. 4 • Feb 1, 1996 • Other Rules and Procedures
- Amending MC 182 Re: Rules on Acquisition of Ships under PD 760, as Amended, Specifically on Bond RequirementsMARINA Circular No. 01-12 • Oct 17, 2011 • Other Rules and Procedures
- Guidelines on Reduction and Refund of Bail BondsEn Banc Resolution No. 003-09 • Jul 21, 2009 • Other Rules and Procedures
- Observance of Bail Bond Guide for Qualified TheftMemorandum Order No. 177 • Jun 28, 2005 • Presidential Issuances
- Amending Article 315 of the Revised Penal Code Re: Increase in Penalties for EstafaPresidential Decree No. 818 • Oct 22, 1975 • Presidential Issuances
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