---

MALACAÑAN PALACE
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

[ MEMORANDUM ORDER NO. 177, June 28, 2005 ]

DIRECTING THE DEPARTMENT OF JUSTICE TO OBSERVE A BAIL BOND GUIDE FOR QUALIFIED THEFT

WHEREAS, in proper cases, the right to bail may be invoked by the respondent or the accused;

WHEREAS, Prosecutors as officers of the court are duty bound to assist the courts by recommending the amount of bail to be granted;

WHEREAS,hundreds of thousands of millions of pesos are lost because of syndicated large-scale qualified theft affecting the semiconductors and electronic industries responsible in providing seventy percent (70%) of the country’s exports;

WHEREAS, Article 310 in relation to Article 309 of the Revised Penal Code imposes a penalty of reclusion perpetua when the evidence of guilt is strong, shall before conviction, be bailable.

NOW, THEREFORE, I GLORIA MACAPAGAL-ARROYO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:

Section 1. No bail shall be recommended for the crime of qualified theft where the aggregate value of the property stolen is five hundred thousand (P500,000.00) and above

Section 2. The Department of Justice is hereby further directed to constitute a committee for the modification of the 2000 Bail Bond Guide to make the necessary revisions insofar as the amounts of bail shall be recommended;

Section 3. This Memorandum hereby amends Department of Justice Circular No. 74 dated November 6, 2001 insofar as bail bond guide involving crimes for qualified theft;

Section 4. If any provision of this Memorandum Order is declared invalid or unconstitutional, the remaining provisions not affected thereby shall continue to be in full force and effect.

Section 5. This Memorandum Order shall take effect immediately.1âшphi1 City of Manila, 28 June 2005

(Sgd.) GLORIA MACAPAGAL-ARROYO

By Authority of the President

(Sgd.) EDUARDO R. ERMITA
Executive Secretary

The Lawphil Project - Arellano Law Foundation

---