In the Philippine legal system, navigating the complexities of criminal charges like Frustrated Homicide can be daunting. One of the most immediate concerns for an accused individual is securing their liberty through bail.
This article outlines the legal framework, the costs involved, and the process of applying for bail for this specific offense.
1. Legal Definition and Classification
To understand the bail amount, we must first look at the nature of the crime under the Revised Penal Code (RPC):
- Homicide (Art. 249): The act of killing another person without justifying circumstances (like self-defense) and without the qualifying circumstances of murder (like evident premeditation or treachery). The penalty is reclusion temporal.
- Frustrated Stage (Art. 6): A felony is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.
Because the crime is "frustrated," the penalty is lowered by one degree from that of a consummated crime. Therefore, the penalty for Frustrated Homicide is Prision Mayor.
2. Is Frustrated Homicide Bailable?
Yes. Under the 1987 Philippine Constitution, all persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties.
Since the maximum penalty for Frustrated Homicide is Prision Mayor (6 years and 1 day to 12 years), it does not reach the threshold of reclusion perpetua. Consequently, bail is a matter of right before conviction by the Regional Trial Court.
3. How Much is the Bail?
The Department of Justice (DOJ) issues a Bail Bond Guide to ensure uniformity in the amounts recommended by prosecutors.
As per the 2018 DOJ Bail Bond Guide, the recommended bail for Frustrated Homicide is calculated based on the maximum period of the penalty:
| Crime Stage | Base Penalty | Recommended Bail Amount |
|---|---|---|
| Consummated Homicide | Reclusion Temporal | ₱120,000.00 |
| Frustrated Homicide | Prision Mayor | ₱72,000.00 |
| Attempted Homicide | Prision Correccional | ₱36,000.00 |
Note: While the guide suggests ₱72,000.00, the presiding judge has the ultimate discretion to increase or decrease this amount based on the financial ability of the accused and the probability of flight.
4. Factors Affecting the Bail Amount
The court considers several factors under Rule 114, Section 9 of the Rules of Court when fixing the amount of bail:
- Financial ability of the accused.
- Nature and circumstances of the offense.
- Penalty for the offense charged.
- Character and reputation of the accused.
- Age and health of the accused.
- Weight of the evidence against the accused.
- Probability of the accused appearing at the trial.
5. Forms of Bail in the Philippines
An accused does not necessarily need the full ₱72,000.00 in cash. There are four ways to post bail:
- Corporate Surety: You pay a premium (usually 10% to 12% non-refundable) to a bonding company licensed by the Supreme Court.
- Cash Deposit: Depositing the full amount with the nearest cashier of the Office of the Clerk of Court. This is refundable once the case is terminated.
- Property Bond: Posting real property as security. The assessed value must cover the bail amount.
- Recognizance: Release of the accused to the custody of a responsible person in the community, usually applicable only for those who are indigent.
6. Recent Developments (SC Administrative Circular 11-2023)
In an effort to decongest jails, the Supreme Court has recently emphasized the use of recognizance and lower bail amounts for indigent detainees. If the accused can prove they are "paupers" or have no financial means, the court may significantly reduce the ₱72,000.00 recommendation or allow release on recognizance.
Summary of the Process
- Inquest/Preliminary Investigation: The Prosecutor recommends the bail amount.
- Filing of Information: The case is filed in court.
- Posting of Bail: The accused submits the requirements (photos, waiver, and the bond) to the court.
- Order of Release: Once approved, the judge issues an order to release the accused from detention.
Would you like me to help you draft a formal "Motion to Reduce Bail" or provide a checklist of the documents required by the Clerk of Court for posting a bail bond?