Bail Bond Amount for Attempted Murder in the Philippines
A practitioner’s “all-you-need-to-know” guide
1. Constitutional and Statutory Foundations
| Source | Key Take-aways |
|---|---|
| 1987 Constitution, Art. III §13 | • Right to bail before conviction except for offenses “punishable by reclusion perpetua, life imprisonment, or death when evidence of guilt is strong.” • Bail must not be excessive. |
| Revised Penal Code (RPC) | • Art. 248 (Murder) & Art. 6/Art. 51 (Stages/penalties). • Murder penalty → reclusion perpetua (since RA 9346 abolished death). • Attempted murder = two degrees lower → normally the maximum of prisión mayor to the medium of reclusión temporal (range: 10 y 1 d – 17 y 4 m). |
| Rules of Criminal Procedure, Rule 114 (Bail) | • Sec. 4: Bail a matter of right if the charged offense is not punishable by reclusión perpetua/life. • Sec. 9: Factors in fixing amount. |
| Administrative & DoJ Circulars | • Supreme Court Adm. Cir. No. 12-94 (and succeeding OCA/Adm. circulars) lay down suggested judicial bail ranges. • DoJ Bail-Bond Guide 2018 (updated 2022) sets prosecutor-level “recommended” figures for inquest/posting before information is filed. |
Bottom line: Because attempted murder is not punishable by reclusión perpetua, the accused is entitled to bail as a matter of right, and the trial court’s task is simply to fix a reasonable amount.
2. How Courts Fix the Amount
2.1 Mandatory considerations (Rule 114 §9)
- Financial capacity of the accused
- Nature and circumstances of the offense (e.g., presence of qualifying circumstances that failed to materialise)
- Penalty & probability of conviction
- Character, reputation, age, health
- Weight of the prosecution’s evidence (yes—still looked at even if bail is a right, to ensure the amount is not nominal)
- Likelihood of flight / prior bond forfeitures
- Number of other pending cases
2.2 Typical benchmark figures
While each judge must individualise bail, Philippine courts and prosecutors routinely consult schedules to avoid arbitrary disparities:
| Guideline Source | Offense Category | Recommended Bail (₱) | Notes |
|---|---|---|---|
| DoJ Bail-Bond Guide 2018 / DC 016-18 | “Attempted murder (Art. 6 jo. 248 RPC)” | ₱120 000 | For inquest/recommendation prior to filing information. |
| DoJ Revised Guide 2022 | Same | ₱150 000 | Inflation-adjusted; used by prosecutors nationwide. |
| SC Adm. Circular 12-94 (as interpreted by trial courts) | “Prisión mayor to reclusión temporal cases” | ₱60 000 – ₱200 000 | Judges may go lower/higher specific to facts. |
Practice pointer: In urban RTCs (Manila, Quezon City, Cebu, Davao) first-offender, locally-employed accused for plain attempted murder (no conspiracy, no aggravating circumstance) usually receive bail between ₱100 000 and ₱180 000. Rural courts tend to set lower figures.
3. Procedural Flow
Arrest without warrant / inquest
- Prosecutor applies the DoJ bail-bond guide; accused may post cash, surety, or property bond with the inquest court or nearest MTC.
Filing of Information in the RTC
- The RTC re-evaluates bail motu proprio or upon motion if it finds the amount excessive or inadequate.
Motion to Reduce Bail (Rule 114 §20)
- Demonstrate indigency, stable residence, or weak evidence.
Approval of Bond → Release Order → Arraignment
- Bail may be conditioned on appearance at arraignment (People v. Calderon, G.R. 156085, 2003).
4. Forms of Bail
| Form | Key Features / Tips |
|---|---|
| Corporate surety | Fastest; needs Insurance Commission-accredited bonding company; 7–10 % of bail as non-refundable premium. |
| Property bond | Real property within the court’s jurisdiction; must be unencumbered; assessed value at least equal to bail; annotated with lien. |
| Cash deposit | Full amount paid to the court; refundable (minus fees) upon case termination if obligations are met. |
| Recognizance | Available only to minors, indigents, or where allowed by special law (RA 10389); rarely granted in attempted murder because the possible penalty exceeds 6 years. |
5. Jurisprudential Highlights
| Case | Gist relevant to attempted-murder bail |
|---|---|
| Lavides v. CA, G.R. 122279 (June 29 2000) | Bail is a right for offenses below reclusión perpetua; judge may not delay grant by demanding evidence hearing unless the prosecution wishes to show flight risk or aggravating facts affecting amount. |
| Dacudao v. RTC Davao, G.R. 168338 (Dec 5 2006) | Even when bail is discretionary for murder, once the information is downgraded (e.g., to attempted murder) bail becomes a matter of right; the court must reassess and reduce. |
| People v. Abot, G.R. 195992 (Jan 7 2013) | Bail may be increased or cancelled if the accused violates conditions—even for bailable offenses. |
| Enrile v. Sandiganbayan (Bail ruling), G.R. 213847 (Aug 18 2015) | Though plunder case, SC clarified individualised, humanitarian-plus-flight-risk assessment applies to all bail settings; cited in later RTC orders lowering attempted-murder bail for elderly accused. |
6. Special Situations
Juveniles (RA 9344 as amended by RA 10630)
- Child in conflict with the law → diversion, recognizance, supervised release preferred over monetary bail.
Plea Bargaining
- If the accused signals intent to plead to attempted homicide (lower penalty), defence may move simultaneously for bail reduction.
Complex crimes & upgraded charges
- Where Information alleges attempted murder with illegal possession of firearm, judges compute bail per count; overall bail could exceed ₱250 k.
Proclamation or Amnesty applicants
- Pending grant, bail may be held in abeyance or set at the minimum schedule amount.
7. Practical Tips for Counsel
| Tip | Rationale |
|---|---|
| Request summary bail hearing immediately | Prevents detention extending beyond inquest timelines. |
| Prepare Form 25 (Property Bond) early | Registry of Deeds annotation can delay release by days. |
| Argue “attempt,” not “frustrated,” during inquest | Two-degree difference means lower bail schedule. |
| Cite indigency affidavits + barangay certificate | Rule 114 emphasises ability to pay; courts have reduced attempted-murder bail to ₱60 k on solid showing of poverty. |
| Emphasise local residence & family ties | Reduces perception of flight risk, prompting lower bail. |
8. Comparing Bail Across Similar Offenses
| Offense (usual stage) | Standard Prosecutor Bail (₱) | Matter of Right? |
|---|---|---|
| Murder (consummated) | N/A – non-bailable if evidence strong | Discretionary |
| Frustrated murder | 200 000 | Right |
| Attempted murder | 120 000 – 150 000 | Right |
| Attempted homicide | 60 000 | Right |
| Serious physical injuries | 40 000 | Right |
9. Bail Forfeiture & Cancellation
- Rule 114 §15-§23 govern forfeiture, reinstatement, and exoneration.
- Failure to appear once can trigger confiscation; bondsman gets 30 days to produce accused or explain.
- Courts often require new bond before reinstatement when the underlying offense is violent (like attempted murder).
10. Key Take-aways
- Attempted murder is bailable as a matter of right because the maximum imposable penalty is lower than reclusión perpetua.
- Typical bail sits around ₱120 000–₱180 000, but judges must individualise using Rule 114 §9.
- Accused (or counsel) can seek reduction by proving indigency, weak evidence, or strong community roots.
- Failure to comply with bail conditions leads to forfeiture and possible re-arrest with higher bail.
- Staying updated with the latest DoJ bail-bond circular is crucial; schedules are revised roughly every 4-5 years to track inflation.
Final word
Bail in attempted-murder cases is both a constitutional right and a discretionary pricing exercise. Mastery of the procedural levers—classification of the felony, knowledge of the current bail-bond schedule, and strategic advocacy for reduction—translates directly into the client’s swift release and meaningful access to due process.