1. Constitutional and Statutory Framework

Source	Key Provision	Practical Meaning
1987 Constitution, Art. III, § 13	“All persons, except those charged with offenses punishable by reclusion perpetua, life imprisonment, or death, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. Excessive bail shall not be required.”	Because simple homicide carries the penalty of reclusión temporal (12 years + 1 day to 20 years), an accused is entitled to bail as a matter of right before conviction, subject only to the bail-setting power of the court.
Rule 114, Rules of Criminal Procedure	Provides the procedural rules on: (1) when bail is a matter of right vs. discretion; (2) forms of bail (corporate surety, property bond, cash deposit, recognizance); (3) reduction/increase or cancellation of bail; (4) summary hearing when bail is discretionary.	Governs everything the court, prosecutor, and accused must do—filing the application, summary bail hearing (where needed), approval order, release order, forfeiture, and exoneration.
A.M. No. 18-07-05-SC (2018 Revised Bail Bond Guide)	Fixes recommended bail amounts per offense, updated by circular. For Homicide the latest widely circulated figure is ₱120,000.	Judges start with this figure, then adjust upward or downward for the facts of the case and the accused’s means.
Department of Justice & DOJ-NPS Circulars	Echo the Supreme Court’s schedule for inquest/filing-stage prosecutors.	Prosecutors use the same ₱120,000 guide when fixing “inquest bail” so the accused can post bail even before information is filed.

Remember: The bail-bond guide is merely recommendatory; the trial judge may depart from it for good cause but must state reasons on record (Rule 114, § 9).

2. Understanding the Penalty Drives the Bail Right

Offense	Statutory Basis	Prescribed Penalty	Bailability
Homicide (Art. 249, Revised Penal Code)	Killing of a person without “qualifying circumstances” of murder	Reclusión temporal (12 y + 1 d – 20 y)	Bailable as a matter of right pre-conviction
Murder (Art. 248, RPC)	Killing with qualifying circumstance (treachery, etc.)	Reclusión temporal to reclusión perpetua	Bail discretionary; court must hold a summary hearing to determine if evidence of guilt is strong
Parricide (Art. 246, RPC)	Killing a parent/child/spouse	Reclusión perpetua	Bail discretionary
Infanticide, Frustrated/Attempted Homicide, etc.	Penalties vary	Check schedule	Bail varies

Because homicide’s maximum is below reclusión perpetua, the constitutional guarantee applies in full.

3. The Standard Bail Amount: Why ₱120,000?

Historical lineage.
- The earliest “Bail Bond Guide” issued after the 2000 Rules fixed homicide at ₱40,000.
- DOJ Circular No. 50-2000 → ₱60,000.
- 2012 Bail Bond Guide (A.M. 12-11-2-SC) → ₱120,000.
- 2018 Revision (A.M. 18-07-05-SC) retained ₱120,000.
Comparative scale. Homicide sits between:
- Frustrated/Attempted Murder → ₱100,000
- Murder/Parricide → ₱200,000 (discretionary)
Mathematical yardstick. The Court used the minimum wage multiple approach: bail ≈ 2.5–3.0 × annual minimum wage at time of issuance—viewed as neither nominal nor excessive.

Take-away: ₱120 K is the starting point. The judge may reduce or raise it after weighing Rule 114, § 9 factors.

4. Factors That May Increase or Reduce Bail

Factor (Rule 114, § 9)	Typical Effect
Financial ability of the accused	May reduce bail where the accused proves indigence (People v. Abner, G.R. 192096, Jan 14 2015).
Nature & circumstances of the offense	Aggravating facts (cruelty, use of firearm, intoxication) may raise bail above ₱120 K even for simple homicide.
Penalty for the offense charged	Already “priced in,” but courts consider if the Information alleges higher penalty circumstances (e.g., use of unlicensed firearm adds prision mayor).
Character and reputation	Prior convictions → higher bail; good standing in community → lower.
Age and health	Serious illness sometimes leads to recognizance or reduced cash bail.
Flight risk / Probability of appearing	Strong community ties & stable job → lower bail; transient lifestyle → higher bail or additional conditions (e.g., travel restrictions).
Bench warrants/outstanding cases	Usually increases bail substantially or leads to no bail on bench-warrant basis.

5. Procedure Step-by-Step

Filing of Information / Inquest Resolution
- Prosecutor endorses recommended bail (normally ₱120,000).
Application & Affidavit of Undertaking
- Accused (or counsel) files motion for approval of bail and submits the chosen bond:
  - Cash deposit (full amount);
  - Surety bond (through accredited bonding company, cost ≈ 10 %);
  - Property bond (real estate with TCT/Tax Dec equal to bail amount);
  - Recognizance (rare for homicide because statute limits recognizance to offenses with penalty ≤ 6 months, unless local ordinance under R.A. 10389).
Court Evaluation / Hearing
- For homicide (matter of right): summary review; no need to test “strength of evidence.”
- Judge may ask clarificatory questions but cannot deny bail on the ground that evidence of guilt is strong.
Approval & Release Order
- Once bond is approved, release order issued to the warden or city jail.
Compliance & Monitoring
- Accused must appear in court whenever required; failure results in bond forfeiture and issuance of a bench warrant.
Motion to Reduce or Increase Bail
- Either party may file; the court decides on notice and hearing.
Exoneration / Cancellation
- After judgment becomes final or case is dismissed, bail is cancelled and (for cash/property) returned.

6. Jurisprudence Highlights

Case	G.R. No.	Date	Doctrine
Lavides v. Court of Appeals	G.R. 129670	Feb 1 2000	If bail is a matter of right, the court may require presence of prosecutor but need not conduct lengthy proof-of-guilt hearings.
People v. Dizon	G.R. 181035	Apr 11 2011	When court fixes bail for homicide far above the Bail Bond Guide (₱350 K vs. ₱120 K) without stating reasons, it is excessive and violates Art. III, § 13.
Santiago v. Vasquez	G.R. 99289-90	Jan 27 1993	Bail is not a penalty but a security; conditions requiring “no media interviews” invalid in absence of clear legal basis.
People v. Abner	G.R. 192096	Jan 14 2015	Poverty per se does not automatically warrant recognizance; accused must still show ties and compliance capacity.

7. Practical Tips for Practitioners

Always attach proof of income or indigency if asking for a reduction; include barangay certification, affidavits, pay slips.
Secure updated bail-bond guide—regional executive judges occasionally issue local circulars adjusting bail to economic conditions.
Recommend travel conditions (e.g., “Accused may not leave Luzon”) in lieu of higher bail if your client can comply but cannot raise cash.
Watch out for aggravating facts silently changing the offense to murder; check the Information’s qualifying circumstances.
Coordinate with bonding companies early; many require co-signers and copy of the Information before issuing a surety bond.
For property bonds, double-check annotations (mortgages, liens) because the clerk will deny if encumbered.
Move to recall the warrant once bail is approved; jail wardens legally need a separate release order.

8. Frequently Asked Questions

Question	Short Answer
Is ₱120,000 “automatic”?	No. It is the default recommendation. Judge may lower (indigent) or raise (aggravating facts, high flight risk) but must explain.
Can the prosecutor oppose bail?	Only amount, not the right itself, because homicide is bailable as a matter of right.
Can I pay in installments or use a payment plan?	Not for a cash deposit. But surety companies often accept staggered premium payments.
What happens if I miss an arraignment?	Bail is forfeited; court issues a bench warrant and may increase bail once re-arrested.
Can bail be denied altogether?	Only if the charge is amended to an offense punishable by reclusión perpetua and the court finds evidence strong. For simple homicide, denial is unconstitutional.

9. Quick Checklist

Verify that Information is for “Homicide” (Art. 249), not Murder/Parricide.
Attach personal data sheet & proof of income for motion to reduce.
Cite Art. III, § 13 and Rule 114, § 4(a) in motion.
Bring cash, surety certificate, or Transfer Certificate of Title originals for property bond.
Secure release order separate from bail approval.
Calendar arraignment date to avoid inadvertent forfeiture.

Conclusion

For a homicide charge in the Philippines, the standard or “suggested” bail is ₱120,000, rooted in the Supreme Court’s Bail Bond Guide. Because the maximum statutory penalty is reclusión temporal, the right to bail is absolute before conviction. Courts may, however, tailor the amount—strictly within the guardrails of Rule 114 and constitutional prohibitions against excessive bail—after weighing personal circumstances, the nature of the killing, and flight risk. Mastery of the doctrines, procedure, and jurisprudence outlined above ensures that both prosecution and defense navigate bail proceedings efficiently and in full fidelity to due-process guarantees.