Introduction

In the Philippine legal system, bail serves as a crucial mechanism to ensure that accused individuals can secure their temporary liberty while awaiting trial, balancing the presumption of innocence with the need to guarantee their appearance in court. Attempted murder, a serious offense under the Revised Penal Code (RPC), falls within the category of crimes where bail is generally available as a matter of right, given its non-capital nature. This article provides a comprehensive examination of bail in attempted murder cases, covering the legal basis, penalty structures, bail eligibility, determination of amounts, influencing factors, procedural aspects, and relevant judicial considerations. It draws exclusively from established Philippine laws, rules, and principles to offer a thorough understanding within the local context.

Legal Framework Governing Attempted Murder and Bail

The foundation for attempted murder lies in the Revised Penal Code of the Philippines (Act No. 3815, as amended). Article 248 of the RPC defines murder as the unlawful killing of a person attended by qualifying circumstances such as treachery, evident premeditation, or cruelty. However, when the act does not result in death but constitutes a direct attempt to commit murder, it is classified as an attempted felony under Article 6 of the RPC. This provision states that there is an attempt when the offender commences the commission of a felony directly by overt acts but does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than their own spontaneous desistance.

Bail, on the other hand, is constitutionally protected under Section 13, Article III of the 1987 Philippine Constitution, which provides that all persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall be bailable by sufficient sureties or released on recognizance as may be provided by law. This right is further operationalized by Rule 114 of the Revised Rules of Criminal Procedure (as amended by A.M. No. 21-06-08-SC), which outlines the conditions, types, and procedures for bail.

Key legislative developments include Republic Act No. 9346 (2006), which prohibited the imposition of the death penalty and substituted reclusion perpetua or life imprisonment for capital offenses. This shift has implications for bail in homicide-related crimes, as attempted murder does not carry a penalty equivalent to reclusion perpetua in its consummated form.

Penalty for Attempted Murder

Understanding the penalty is essential to determining bail eligibility and amounts, as bail guidelines are often tied to the maximum imposable sentence.

Consummated Murder: Under Article 248, RPC, murder is punishable by reclusion perpetua (20 years and 1 day to 40 years).
Frustrated Murder: Per Article 50, RPC, the penalty is one degree lower than for the consummated crime, which is reclusion temporal (12 years and 1 day to 20 years).
Attempted Murder: Article 51, RPC, imposes a penalty two degrees lower than for the consummated felony. Thus, from reclusion perpetua, one degree lower is reclusion temporal, and two degrees lower is prision mayor (6 years and 1 day to 12 years).

The actual penalty may be adjusted by mitigating or aggravating circumstances under Articles 63-66 of the RPC. For instance, if there are no such circumstances, the medium period of prision mayor (8 years and 1 day to 10 years) applies. Special laws, such as Republic Act No. 10592 (amending the RPC on good conduct time allowance), may further influence the effective sentence but do not directly affect bail at the pre-trial stage.

Importantly, since the maximum penalty for attempted murder does not reach reclusion perpetua, it is not considered a "capital offense" for bail purposes. This classification ensures that bail is a matter of right, not discretion, unless exceptional circumstances (e.g., flight risk) are demonstrated.

Bail as a Right in Attempted Murder Cases

In cases where the penalty is less than reclusion perpetua, bail is granted as a constitutional right, provided the accused poses no undue risk of flight or danger to the community. For attempted murder, courts routinely approve bail applications during the preliminary investigation stage (before the Department of Justice or prosecutor's office) or after the filing of information in court.

Exceptions arise if the case involves qualifying factors that elevate the charge, such as the use of illegal firearms under Republic Act No. 10591, which could compound penalties. However, standalone attempted murder remains bailable without the need for a hearing to determine if evidence of guilt is strong, unlike in murder proper.

Determination of Bail Amounts

Bail amounts in the Philippines are not arbitrary but guided by standardized schedules to promote uniformity and fairness. The primary reference is the Department of Justice's (DOJ) Bail Bond Guide, initially issued in 2000 and periodically updated through departmental circulars. As of the latest known guidelines (reflecting amendments up to around 2020, with potential inflation adjustments), bail for offenses punishable by prision mayor is computed based on the maximum imposable penalty.

Base Computation: Rule 114, Section 9 of the Rules of Court stipulates that the amount of bail shall be fixed by the judge, considering factors like the nature of the charge and the accused's financial ability. However, the DOJ Bail Bond Guide provides presumptive amounts:
- For crimes punishable by prision mayor (maximum of 12 years), the recommended bail is typically PHP 60,000 to PHP 120,000 per count.
- Specifically for attempted murder, common bail settings range from PHP 80,000 to PHP 200,000, depending on regional variations and case specifics. In Metropolitan Manila or urban courts, amounts may lean higher (e.g., PHP 150,000), while in provincial areas, they could be lower (e.g., PHP 100,000).

These figures are not fixed; judges have discretion to adjust based on evidence presented during bail hearings. For multiple counts (e.g., attempted murder with multiple victims), bail is set per count, potentially multiplying the total amount required.

In practice, bail can be posted in cash, property bond (real estate valued at twice the bail amount), or through a surety company (with premiums around 1-2% of the bail plus collateral). Recognizance release is possible for indigent accused under Republic Act No. 10389 (Recognizance Act of 2012), but this is less common for violent crimes like attempted murder.

Factors Considered in Setting Bail Amounts

Courts weigh several factors under Section 9 of Rule 114 to determine or modify bail amounts:

Financial Ability of the Accused: To avoid excessive bail violating the Constitution (Section 13, Article III), courts assess income, assets, and family support. Indigent litigants may petition for reduction.
Nature and Circumstances of the Offense: The presence of aggravating factors (e.g., use of a deadly weapon or victim vulnerability) may increase bail, while mitigating circumstances (e.g., self-defense claims) could lower it.
Penalty Imposable: Directly tied to the RPC's penalty ladder, with higher potential sentences correlating to higher bail.
Character and Reputation of the Accused: Prior convictions, community ties, or flight risk indicators (e.g., no fixed address) influence the amount.
Age, Health, and Probability of Appearance: Elderly or ill accused may receive lower bail to accommodate humanitarian concerns.
Weight of Evidence: While not required for bail as a right, strong evidence might prompt higher amounts to deter absconding.
Forfeiture History: If the accused has previously jumped bail, amounts are elevated.

Judicial precedents, such as in People v. Sandiganbayan (G.R. No. 152532, 2005), emphasize that bail should not be punitive but sufficient to ensure court appearance.

Procedural Aspects of Securing Bail

The process begins at the arrest stage or during preliminary investigation:

Pre-Filing: At the prosecutor's office, the inquest prosecutor may recommend bail if the case is bailable.
Post-Filing: Upon arraignment in the Regional Trial Court (RTC, as attempted murder falls under RTC jurisdiction per Batas Pambansa Blg. 129), the accused files a bail petition.
Hearing: For bailable offenses, a summary hearing suffices unless contested.
Approval and Posting: Once approved, bail is posted with the court clerk, leading to a release order.
Appeal or Reduction: If denied or excessive, remedies include motions for reduction or certiorari to higher courts.

Delays can occur due to congested dockets, but Republic Act No. 8493 (Speedy Trial Act) mandates resolution within specified periods.

Challenges and Reforms

Common issues include disparities in bail amounts across regions, potentially violating equal protection clauses. Advocacy for bail reform, such as under the proposed Criminal Code revisions, aims to standardize amounts further and incorporate restorative justice elements. Additionally, the COVID-19 pandemic (via Supreme Court Administrative Circulars) temporarily liberalized bail for non-violent offenses, though attempted murder was largely unaffected.

In high-profile cases, media influence or public outcry can indirectly pressure bail decisions, underscoring the need for judicial independence.

Conclusion

Bail in attempted murder cases exemplifies the Philippine justice system's commitment to due process while addressing public safety. With penalties capped at prision mayor, bail remains accessible, typically ranging from PHP 80,000 to PHP 200,000, subject to judicial discretion and individual circumstances. Accused individuals must navigate this process with legal counsel to ensure fair treatment, highlighting the interplay between constitutional rights and criminal accountability. As the legal landscape evolves, ongoing reforms may refine these mechanisms to better serve justice.