In the Philippine legal system, the right to bail is a constitutional guarantee. However, this right is not absolute. When a person is charged with Frustrated Murder, the question of whether they can post bail depends on a specific intersection of the Revised Penal Code and the Rules of Criminal Procedure.
The General Rule on Bail
Under the Constitution, all persons, before conviction, shall be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The primary exception to this rule is when a person is charged with an offense punishable by reclusion perpetua (20 years and 1 day to 40 years) or death, and the evidence of guilt is strong.
Classification of Frustrated Murder
To determine if Frustrated Murder is bailable, we must first look at the penalty:
- Consummated Murder: Punishable by reclusion perpetua to death. This is a non-bailable offense if the evidence of guilt is strong.
- Frustrated Murder: Under Article 50 of the Revised Penal Code, the penalty for a frustrated felony is one degree lower than that prescribed by law for the consummated felony. Therefore, the penalty for Frustrated Murder is reclusion temporal (12 years and 1 day to 20 years).
Is it Bailable?
Because the prescribed penalty for Frustrated Murder is reclusion temporal—which is lower than reclusion perpetua—it is technically a bailable offense as a matter of right before conviction by the Regional Trial Court.
Unlike Murder (consummated), where the court must conduct a bail hearing to determine if the evidence of guilt is strong, a person charged with Frustrated Murder is generally entitled to bail regardless of the strength of the evidence, because the maximum penalty does not reach the threshold of reclusion perpetua.
Key Legal Considerations
- Bail as a Matter of Right: Since the penalty for Frustrated Murder does not exceed reclusion temporal, the accused can apply for bail, and the court is mandated to set a bail amount based on the guidelines provided in the Rules of Court (such as the nature of the offense, the weight of evidence, and the probability of flight).
- The Bail Bond Guide: The Department of Justice (DOJ) issues a Bail Bond Guide that prosecutors and judges use to determine the specific amount. For Frustrated Murder, the bail is usually calculated based on the maximum period of the penalty.
- After Conviction: If the accused is convicted by the Regional Trial Court, bail becomes a matter of discretion. If the court sentences the accused to a penalty higher than six years, bail may be denied or cancelled if there are "bail-negating" circumstances, such as being a flight risk or a recidivist.
Summary of Differences
| Crime Status | Penalty | Bail Status |
|---|---|---|
| Consummated Murder | Reclusion Perpetua | Non-bailable (if evidence is strong) |
| Frustrated Murder | Reclusion Temporal | Bailable as a matter of right |
| Attempted Murder | Prision Mayor | Bailable as a matter of right |
Legal Note: While Frustrated Murder is bailable, the court still retains the authority to set conditions for the bail (such as a hold departure order) to ensure the accused appears during trial. The right to bail ensures that the constitutional presumption of innocence is upheld while the case is being adjudicated.