ReTublika ng Pilipinas KAGAWARAN SG KATARUNGAN Department of Justice Mantia DEPARTMENT CIRCULAR NO. '{ 4 To : ALL PROSECUTORS IN THE NATIONAL, PROSECUTION SERVICE SUBJECT : AMENDMENT TO THE 2000 BAIL BOND GUIDE INVOLVING ESTAFA UNDER ART. 315 2 (d) AS AMENDED BY PD 818, AND QUALIFIED THEFT DATE =: November 6, 2001 WHEREAS, under the 2000 Bail Bond Guide, no bail is recommended for estafa under Art. 315 2 (4), RPC as amended by PD 818, as well as for Qualified Theft when the amount of fraud or the value of the property involved is P32,000.00 or over; WHEREAS, such policy has already been overtaken and rendered untenable by the new jurisprudence, particularly the ruling in People vs Hemando, 317 SCRA 621 (1999); WHEREFORE, in cstafa under Art. 315 2 (4), as amended by PD 818, and Qualified Theft, the bail to be recommended shall be governed by the following rules: A FOR AR’ (d) as amended by PD 1) Where the amount of fraud involved does not exceed ?22,000.00, bail shail be computed based on the applicable provisions of the 2000 Bail Bond Guide. 2) Where the amount of fraud involved is mote than P22,000.00 ‘but less than P32,000.00, bail shall be based on the maximum period of the imposable penalty of reclusion temporal multiplied by P2,000,00, 3) __ Where the amount of fraud is P32,000.00 or over in which the imposable penalty is reclusion temporal to reclusion perpetua, bail shall be based on reclusion temporal maximum, pursuant to Par. 2 (a) of the 2000 Bail Bond Guide, multiplied by P2,000.00, plus an additional of P2,000.00for every P10,000.00 in excess of P22,000.00; Provided, however, that the total amount of bail shall not exceed P60,000.00, B, FOR QUALIFIED THEFT: 1) Where the value of the property stolen does not exceed 22,000.00, bail shall be based on the maximum period of the imposable penalty after applying the two degree rule under Art, 310, RPC, and to be multiplied by P2,000.00. 2) Where the value of the property stolen is more than P22,000.00 but less than P32,000.00, bail shall be based on the maximum period of reclusion temporal medium and maximum, multiplied by P2,000.00. 3) Where the value of the property stolen is P32,000.00 or over, in which the imposable penalty ranges from reclusion temporal to reclusion Perpetua, bail shall be based on reclusion temporal in its maximum period, Pursuant to Par. 2 (a) of the 2000 Bail Bond Guide, multiplied by P2,000.00, plus an additional of P2,000.00 for every P10,000.00 in excess of 22,000.00; Provided, however, that bail shall not exceed P&0,000.00. ‘These rules on bail for qualified theft shall apply to special laws which adopt the penalties under Art. 309 and Art. 310 of the RPC. In computing the additional penalty of one (I) year for every 10,000.00 in excess of P22,000.00, either in estafa or qualified theft (or even in sinple theft for that matter), any amount less than P10,000.00 shail ‘act be rounded off to one (1) year nor counted as a fraction of a year, but shall altogether be disregarded. Any circular or ather issuances inconsistent hetewit deemed amended or repealed accordingly. are hereby ‘This circular shall take effect immediately. a — HERNANDO B. PEREZ Secretary