Lower Bail and Recognizance to Decongest Jails During COVID-19 Pandemic

The Supreme Court ordered the imposition of reduced bail and recognizance to indigent Persons Deprived of Liberty (PDLs) in order to ease up congestion in detention facilities pending the continuation of their trial or resolution of their cases. The lowered bail can only be availed of during the declared period of Public Health Emergency and shall be granted pursuant to Administrative Circular (AC) No. 38-2020 as follows:

1. For those charged with a crime punishable with the maximum period of reclusion temporal or twelve (12) years and one (1) day to twenty (20) years, the bail shall be computed by getting the medium period multiplied by Three Thousand Pesos (P3,000.00) for every year of imprisonment;
2. For those charged with a crime punishable with the maximum period of prision mayor or six (6) years and one (1) day to twelve (12) years, the bail shall be computed by getting the medium period multiplied by Two Thousand Pesos (P2,000.00) for every year of imprisonment;
3. For those charged with a crime punishable with the maximum period of prision correccional or six (6) months and one (1) day to six (6) years, the bail shall be computed by getting the medium period multiplied by One Thousand Pesos (P1,000.00) for every year of imprisonment; and
4. For those charged with a crime punishable by arresto mayor or one (1) month and one (1) day to six (6) months, and arresto menor or one (1) day to thirty (30) days, they may be released on their own recognizance.

If the accused PDL violates any of the undertakings or conditions imposed on the bail or recognizance, such bail or recognizance may be cancelled and a warrant of arrest may be issued thereafter.

An indigent PDL must first be arraigned before being granted the lower bail or recognizance. The arraignment can be done through videoconferencing.

Those PDLs who have already been arraigned and are undergoing trial may likewise avail of the reduced bail, unless they have already served the minimum imposable penalty for the crime charged, in which case they may be released on their own recognizance. This Circular however excludes those already serving their sentence.

Finally, the courts in their own discretion may deny the application for bail or recognizance if there are reasonable grounds based on prevailing jurisprudence and existing rules. It may also cancel or impose additional bail and conditions should the accused be eventually convicted, pending their appeal.

Click to read the following related issuances:

• Supreme Court AC No. 37-2020
• Supreme Court AC No. 38-2020

Click to read the related article Pilot Testing of Videoconference Hearings.