MALACAANG

MANILA
MEMORANDUM ORDER NO. 177
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 or 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 countrys exports;
WHEREAS, Article 310 in relation to Article 309 of the Revised Penal Code imposes a penalty of reclusion
perpetuafor qualified theft committed under certain circumstances;
WHEREAS, the Constitution provides that all persons, except those charged with offenses punishable
by 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 4. This Memorandum Order shall take effect immediately.
City of Manila, 28 June 2005.
(Sgd.) GLORIA MACAPAGAL-ARROYO
By Authority of the President
(Sgd.) EDUARDO R. ERMITA
Executive Secretary
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MALACAAN PALACE
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

MEMORANDUM ORDER NO. 63

REVOKING MEMORANDUM ORDER NO. 177 (s. 2005)

WHEREAS, Article III, Section 13 of the 1987 Constitution provides that, *a+ll persons, except those
charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before
conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law.
The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required;

WHEREAS, Memorandum Order No. 177 s. 2005 (MO 177), entitled Directing the Department of
Justice to Observe a Bail Bond Guide for Qualified Theft, provides in Section 1 thereof that *n+o bail
shall be recommended for the crime of qualified theft where the aggregate value of the property stolen
is five hundred thousand pesos (P500,000.00) and above;

WHEREAS, Department Circular No. 29 s. 2005 (DC 29), issued by the Department of Justice (DOJ),
entitled Amending Department Circular No. 74 dated 06 November 2001 Involving Qualified Theft
when the Value of Property Stolen is P222.000 or More, provides that pursuant to the provisions of
existing laws, no bail shall be recommended for the offense of qualified 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, that must be the object of
the crime of qualified theft in order for bail not to be recommended;

WHEREAS, the said inconsistency has resulted in confusion among stakeholders in the criminal justice
system; and

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

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 theft shall hereafter be governed by the pertinent rules
contained in the relevant issuances of the Department of Justice.

This Memorandum Order shall take effect immediately.

DONE, in the City of Manila, this 6th of December, in the year of our Lord, Two Thousand and Thirteen.

(Sgd.) BENIGNO S. AQUINO III

By the President:
(Sgd.) PAQUITO N. OCHOA, JR.
Executive Secretary

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