In the Philippine criminal justice system, bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under specified conditions. For cases involving physical injuries, the determination of bail is governed by the Revised Penal Code (RPC), the 2000 Rules of Criminal Procedure, and the Department of Justice (DOJ) Bail Bond Guide.
Classification of Physical Injury Crimes
The amount of bail is primarily dictated by the severity of the injury and the corresponding penalty prescribed by law. Under the Revised Penal Code, these are categorized as follows:
- Slight Physical Injuries (Art. 266): Injuries that require medical attendance for 1 to 9 days or do not prevent the victim from engaging in their habitual work.
- Less Serious Physical Injuries (Art. 265): Injuries that require medical attendance for 10 to 30 days.
- Serious Physical Injuries (Art. 263): Injuries that result in becomes insane, imbecile, impotent, blind, or loss of speech, hearing, smell, or a limb, or incapacity for habitual work for more than 90 days.
The DOJ Bail Bond Guide
While judges have the ultimate discretion to fix the amount of bail, they generally follow the 2018 DOJ Bail Bond Guide (or the latest prevailing circular) to ensure uniformity. The guide provides a formula based on the maximum period of the imposable penalty.
1. Estimated Bail Calculations
For crimes punishable by arresto menor or arresto mayor, bail is often set at a fixed modest rate. For higher offenses, the standard formula used is PHP 3,000.00 per year of the maximum imposable penalty.
| Type of Physical Injury | Imposable Penalty (RPC) | Estimated Bail Amount |
|---|---|---|
| Slight Physical Injuries | Arresto menor (1–30 days) | Often Recognizance or ~PHP 3,000 |
| Less Serious Physical Injuries | Arresto mayor (1 month & 1 day to 6 months) | ~PHP 3,000 to PHP 6,000 |
| Serious Physical Injuries | Prision correccional to Prision mayor | ~PHP 18,000 to PHP 72,000+ |
Note: If the physical injury was committed in relation to Republic Act 9262 (Anti-Violence Against Women and Their Children), the bail amounts are typically higher and may involve additional conditions for the protection of the victim.
Factors Influencing the Bail Amount
Under Rule 114, Section 9 of the Rules of Court, the judge considers several factors when setting or reducing bail:
- Financial ability of the accused: Bail should not be excessive.
- Nature and circumstances of the offense: Use of weapons or presence of aggravating circumstances.
- Penalty for the offense: Higher penalties equate to higher bail.
- Age and health of the accused: Vulnerable individuals may be granted lower bail.
- Probability of the accused appearing at the trial: Risk of flight.
- The forfeiture of previous bail: A history of "jumping bail" will increase the amount.
Forms of Bail
An accused in a physical injury case can post bail through four methods:
- Corporate Surety: A bond from a government-accredited insurance company.
- Property Bond: Posting real property as security (requires an assessed value significantly higher than the bail amount).
- Cash Deposit: Depositing the full amount in cash with the nearest internal revenue collector or provincial/city/municipal treasurer.
- Recognizance: Release to the custody of a responsible citizen or "on one's own recognizance" (usually reserved for light felonies or indigent accused).
Procedure for Posting Bail
- Approval: The bail bond must be applied for and approved by the court where the case is pending. If the judge is absent, any judge in the same province or city can act on it.
- Release Order: Once the requirements are met and the bond is posted, the court issues an Order of Release addressed to the law enforcement agency holding the accused.
- Conditions: The accused must appear whenever required by the court, must notify the court of any change of address, and must not leave the country without court permission (Hold Departure Order considerations).
In cases of Slight Physical Injuries, the accused may often be released on recognizance or a very low summary bail, provided they do not pose a flight risk and the offense does not involve complex legal circumstances.