~epublit of the PhilippinesSupreme Cmtrt

Offite ef the Ceurt Admini$traterManila

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: A L L J U I ) G E S O F T H E F i l l S 3 " A N D S E C O N D L E V E LCOURTS

S U B J E C T: R E V O C AT I O N O F M E M O R A N D U M O R I ) E R N O . 1 7 7(S. 2005) ENTITLED "DIRECTING THE DEPARTMENTOF JUSTICE TO OBSERVE A BAIL BOND GUIDE FORQ U A L I F I E D T H E F T

In her letter dated January 6, 2014, Secretary I,eila M. De Lima of theDepartment of Justice provided the Court with a copy of MemorandumOrder No. 63 entitled "Revoking Memorandura Order No. 177 (s. 2005),"signed by President Benigno S. Aquino 11I on Decenqber 6, 2013.

Secretary I)e l . ima' stated that the revoked Memorandum OrderNo. 177 (s. 2005) dated June 28, 2005 entitled "Directing the l)epartmcnt ofJustice to Observe a Bail Bond Guide for Qualified Theft" provides inSection 1 that:

In 1o bail shall be recommcnded lbr the crime of qualified theft wherethe aggregate value of the property stolen is five hundred thousandpesos (P500,000.00) and above.

She further stated that on July 15, 2005, the Department of Justice,through tbrlner Secretary Raul M. Gonzalez, issued l)epamnent CircularNo. 29 entitled "Amending Department Circular No. 74 dated 06 November2001 Involving Qualified Theft when the Value ot' the Property Stolen isP222,000.00 or More" which provides that:

WHI::.I~,.13.1;'ORI~, pursuant to the provisions of existing laws, 11o bailshall be recommended li)r the ofl'cnsc of qualified theft, whetherconsummated, frustrated or attempted, where the valuc of theproperty is P222,000.00 or more.

As stated in Memorandum Order No. 63, the inconsistency betweenMemorandum Order No. 177 and I)epartment Circular No. 29, as to thethreshold amount that must be the object of the crime ot' qualified theft in

order for bail not to be recommended, has resulted in confusion amongstakeholders in the criminal justice system. Thus the need to take a step tostreamline and rationalize the bail regime for the effective administration ofjustice by revoking Memorandum Order No. 177.

The copy of Memorandum Order No. 63 is appended herein as Annex"A" for guidance and reference.

January 2___7_7, 2014

Jf~SEI~IDAS P. MARQUEZ~urt Administrator

~BC/~rgt/do,i.alllrialcotJrtiudges bailbond forqualifiedthe[1

MAI~CA~AN P~CEMANILA

BY THE PRESIDENT OF THE PHILIPPINES

MEMORANDUM ORDER NO. 63

REVOKING MEMORANDUM ORDER NO. 177 (s. 2005)

WHEREAS, Article i11, Section 13 of the 1987 Constitution provides that, "[a]llpersons, except those charged with offenses punishable by reclusion perpetua whenevidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, orbe released on recognizance as may be provided by law. The right to bail shall not beimpaired even when the privilege of the writ of habeas corpus is suspended. Excessivebail shall not be required;"

WHEREAS, Memorandum Order No. 177 s. 2005 ("MO 177"), entitled "Directingthe Department of Justice to Observe a Bail Bond Guide for Qualified Theft", provides inSection 1 thereof that "[n]o bail shall be recommended for the crime of qualified theftwhere the aggregate value of the property stolen is five hundred thousand pesos(PS00,000.00) and above;"

WHEREAS, Department Circular No. 29 s. 2005 ("DC 29"), issued by theDepartment of Justice (DO J), entitled "Amending Department Circular No. 74 dated 06November 2001 Involving Qual ified Theft when the Value of Property Stolen isP222,000 or More", provides that "pursuant to the provisions of existing laws, no bailshal l be. recommended for the offense of qual ified theft , whether consummated,frustrated or attempted, where the value of the property is P222,000.00 or more;"

WHEREAS, MO 177 and DC 29 are inconsistent as to the. threshold amount thatmus t be t he ob jec t o f t he c r ime o f qua l i fied t he f t i n o rde r f o r ba i l no t t o berecommended;

WHEREAS, t he sa i d i ncons i s t ency has . r esu l t ed i n con fus i on amongstakeholders in the criminal justice system; and

WHEREAS, a .streamlined and rationalized bail regime is indispensable in theeffective administration of justice and the protection of the constitutional right to bail.

PNO~'013058

NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines,by virtue of the powers vested in me by law, do hereby revoke Memorandum Order No.177 s. 2005. The amount of bail that should be recommended in cases of qualified theftshall hereafter be governed by the pertinent rules contained in the relevant issuances ofthe Department of Justice.

This Memorandum Order shall take effect immediately.

DONE, in the City of Manila, thisTwo Thousand and Thirteen.

By the President:

of December, in the year of our Lord,

p ~ , J R .

E x ~ r e t a r y

PNOY013059