Bail for Robbery Under Article 299 (as Amended by R.A. 10951): How Much Is Required? (Philippines)

Short answer up front: For robbery under Article 299 of the Revised Penal Code (RPC), as amended by R.A. 10951, bail is ordinarily a matter of right (before conviction) because the offense is not punishable by death, reclusion perpetua, or life imprisonment. The exact peso amount is not fixed by statute—the trial judge sets it after weighing factors under Rule 114 of the Rules of Criminal Procedure and commonly using the Supreme Court’s (non-binding) Bail Bond Guide as a starting point. The figure can move up or down depending on the facts, the accused’s circumstances, and counsel’s arguments.

Below is a complete, practice-oriented guide to help you understand how courts actually determine—and how counsel can argue—bail for Article 299 cases.

1) What Article 299 Covers (Robbery by “Force Upon Things” in Certain Places)

Article 299 penalizes robbery in an inhabited house, public building, or edifice devoted to religious worship when committed by means of force upon things (not by threatening or hurting people—that is Article 294). Classic examples include entry by breaking doors, windows, walls, roofs, or floors; using false keys/picklocks or similar tools; or other comparable forcible or surreptitious means, followed by taking personal property with intent to gain.

R.A. 10951 (2017) did not change the elements of Article 299. What it did was update the value thresholds across property crimes to rationalize penalty gradations (i.e., which penalty range applies may hinge partly on the value of the property taken and the manner of entry).

Tip: If the prosecution alleges violence or intimidation of persons, the charge typically belongs under Article 294 (a different article with different penalties and bail posture). For Article 299, the emphasis is force upon things, place of commission, and value.

2) Penalties After R.A. 10951 (Why This Matters for Bail)

Post-10951, Article 299 penalties scale with value and circumstances, but they top out at reclusion temporal (12 years and 1 day to 20 years). That ceiling matters because only offenses punishable by death, reclusion perpetua, or life imprisonment can be non-bailable (when the evidence of guilt is strong).

Practical consequence: An Article 299 charge, standing alone, is bailable as a matter of right before conviction. After conviction by the RTC (but pending appeal), bail becomes discretionary.

3) The Legal Framework for Bail

Constitutional & Rule-Based Anchors

Constitution, Art. III, Sec. 13: Bail is a fundamental right, except for capital/non-bailable offenses when evidence of guilt is strong.
Rule 114, Rules of Criminal Procedure:
- Sec. 4: Matter of right before conviction for offenses not punishable by death, reclusion perpetua, or life imprisonment.
- Sec. 5: Discretionary after RTC conviction (offense not capital).
- Sec. 7: Hearing is mandatory only in non-bailable (capital) offenses to assess whether evidence of guilt is strong.
- Sec. 9: Factors in fixing bail (see below).
- Secs. 10–13: Forms and conditions of bail (corporate surety, property bond, cash deposit, recognizance).

Forms of Bail You Can Use

Corporate surety bond (through an accredited surety company).
Property bond (real property as security, annotated on title).
Cash deposit (refundable at case termination if conditions were met).
Recognizance (release to the custody of a responsible member of the community or government; governed by Rule 114 and R.A. 10389 for qualified indigents and offenses not punishable by death/reclusion perpetua/life).

4) So… How Much Bail Will the Court Require?

There is no fixed statutory amount for Article 299—or any RPC offense. Judges set the amount case-by-case. In practice, courts start with the Supreme Court’s Bail Bond Guide (periodically revised; non-binding) and then adjust after considering Rule 114, Sec. 9 factors:

Rule 114, Sec. 9 factors (what actually moves the number):

Financial capacity of the accused (ability to post, without being excessive).
Nature and circumstances of the offense (e.g., night entry, tool use, multiple actors).
Maximum penalty prescribed by law for the offense charged (e.g., which penalty range applies under Article 299 after R.A. 10951).
Character and reputation, age and health.
Weight of evidence (based on the prosecutor’s showing at bail stage).
Probability of appearance at trial (ties to community, job, family).
Forfeitures on prior bonds; on probation/parole status.
Other similar factors a judge finds relevant.

Key practice point: Because Article 299 is usually bailable as of right, you do not need a full adversarial bail hearing to prove weak evidence. But you should file a well-supported motion to fix (or reduce) bail, anchoring your figure to the Guide and the Sec. 9 factors.

Expect variation: Different courts (and even different salas in the same station) may calibrate bail differently. First-time offenders with strong community ties, no prior forfeitures, and modest alleged value may secure meaningfully lower bail than repeat offenders or those alleged to have used sophisticated tools/means with high-value loss.

5) Step-By-Step: Estimating and Arguing Bail in an Article 299 Case

Classify the charge precisely. Confirm it is Article 299 (not Article 294). Identify the alleged means of entry and the value bracket (since R.A. 10951 ties penalty steps, in part, to value).
Identify the penalty range that corresponds to those facts. For Article 299, you will land in prisión correccional, prisión mayor, or reclusión temporal—not reclusion perpetua or life.
Anchor on the Bail Bond Guide. Use the Guide’s recommended starting figure for that offense/penalty bracket. (It’s advisory, not mandatory.)
Apply Rule 114, Sec. 9 factors to argue downward (or expect the prosecution to argue upward):
- No passport / strong local ties / gainful employment.
- Voluntary surrender or cooperation.
- No prior bond forfeiture; no alias warrants; clean or minor record.
- Modest value of the property relative to the bracket; property recovered.
- Health, age, caretaker responsibilities.
Choose the form of bail that best fits the client:
- Cash (fastest release once the order issues);
- Surety (lower upfront cash, but premiums are non-refundable);
- Property bond (good if cash-constrained and with clean title).
Prepare compliance papers in advance:
- IDs and proof of residence, NBI/police clearance (often requested by sureties).
- Property titles/tax decs (for property bond) free of liens and with updated taxes.
- Affidavits of undertaking, Authorization for representative if needed.
File a Motion to Fix/Reduce Bail (if the in-quest or automatic setting seems high):
- Cite Sec. 9 factors in detail; attach proofs (employment certs, barangay certs, medical records, proof of dependents, etc.).
- Ask for release on recognizance if eligible (e.g., indigency, qualifying offense) or at least a lower cash/surety figure.
Get the release order implemented at the custodial facility (coordinate with the Clerk of Court and the jail warden; check for holds such as a Hold Departure Order or other pending cases).

6) Special Situations That Affect Bail Amounts

Multiple Informations / Counts: Bail is assessed per case and then aggregated. Two separate Article 299 cases mean two bonds.
With separate non-bailable charge: If the accused also faces another case punishable by reclusion perpetua/life (e.g., robbery with homicide under Art. 294 in a separate Information), bail may be non-bailable overall. Each case is evaluated on its own, but custody is unitary in practice.
Minors (CICL) under R.A. 9344: Proceedings emphasize diversion and restorative justice; release conditions may differ (often custody to parents/DSWD rather than traditional bail).
Long pre-trial detention / delay: You may move to reduce bail or seek release on recognizance (subject to eligibility) if delay is not attributable to the defense.
Recovery of property / restitution: While not determinative, demonstrated mitigation can help justify a lower bail figure.

7) Practical FAQs

Q: Can the court deny bail in an Article 299 case? A: Before conviction, no—bail is a matter of right (Article 299 is not capital). A judge may not deny bail outright but can adjust the amount to ensure the accused’s appearance, provided it is not excessive.

Q: Is there a “standard amount” for Article 299? A: No. Courts consult the Bail Bond Guide and then individualize the amount using Rule 114, Sec. 9. Two Article 299 cases can justifiably result in different bail figures.

Q: Can we ask for recognizance instead of cash/surety? A: Possibly. If the accused qualifies (e.g., indigent and offense not punishable by death/reclusion perpetua/life), courts may consider recognizance under Rule 114 and R.A. 10389, especially for low-risk accused.

Q: When do we get the money back? A: Cash deposits are refundable when the case terminates (or the bond is cancelled) if the accused obeyed all conditions (appeared as required, etc.). Surety premiums are not refunded.

Q: Where do we file bail? A: If the case is already filed, file in the court where it is pending. If not yet filed, file with any court in the place where the accused is detained (the receiving court forwards the papers to the proper court once the Information is filed).

8) Counsel’s Checklist (Article 299 Bail)

Confirm Article 299 (not Art. 294).
Identify value bracket and mode of entry (to find the penalty range under 10951).
Draft a Motion to Fix/Reduce Bail citing Rule 114, Sec. 9 with documentary support.
Choose the bail form (cash/surety/property/recognizance) and assemble the paperwork.
Pre-coordinate with the Clerk of Court and jail for swift release.
Verify there are no other pending warrants/cases/HDOs.
After release, calendar all dates and warn about bond forfeiture risks.

9) Bottom Line

Bailable as of right: Article 299 (as amended by R.A. 10951) does not carry reclusion perpetua/life; bail must be allowed before conviction.
No fixed peso figure: The judge sets bail, generally starting from the Bail Bond Guide and then individualizing under Rule 114, Sec. 9.
Your leverage: Present a clean, well-documented profile (community ties, first-time accused, medical/age concerns, recovered property, no forfeitures) to pull the number down or justify recognizance where allowed.

Disclaimer

This is general information for educational purposes and not legal advice. For a live case, consult counsel who can assess the exact penalty bracket triggered by your facts, check the latest Bail Bond Guide used in your station, and file the appropriate motion to fix or reduce bail with supporting evidence.