Reducing bail amount for indigents in criminal cases a 'big win' - expert | ABS-CBN

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Reducing bail amount for indigents in criminal cases a 'big win' - expert

ABS-CBN News

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Several inmates or persons deprived of liberty were released from the New Bilibid Prison in Muntinlupa City on Dec. 19, 2022. Among those released were given parole or those who have completed their maximum sentence. Jonathan Cellona, ABS-CBN News/File
Several inmates or persons deprived of liberty were released from the New Bilibid Prison in Muntinlupa City on Dec. 19, 2022. Among those released were given parole or those who have completed their maximum sentence. Jonathan Cellona, ABS-CBN News/File

MANILA — Lowering the bail amount for indigents in criminal cases to a maximum of P10,000 is a "big win" for the country, a prison reform advocate said Wednesday.

"This is indeed a very big win for us," said Raymund Narag, a criminology and criminal justice professor in Southern Illinois University.

"We've been advocating for criminal justice reforms kasi 'yung bail ang isa sa pinakamalaking problema," he told ANC's "Rundown".

Narag, also a consultant on prison reform of Justice Secretary Jesus Crispin "Boying" Remulla, hopes the new rule will remain a guide and that the bail amount should not be "too mechanical".

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"Dun sa mga ginawa naming pag-aaral, napansin namin na may mga PDLs (persons deprived of liberty) na P1,000, P2,000, even P10,000 ang kailangang bail amount, hindi nila ma-provide," he said.

Narag said the courts should decide on a case-to-case basis.

"The judge should always exert discretion. So, kung P10,000 pero hindi pa rin kaya, then they could be further reduced... hangga't kakayanin dapat nung akusado pa lang naman at hindi pa convicted," he said.

In a department circular issued on Monday, February 20, Remulla ordered prosecutors to determine, during an inquest or preliminary investigation proceeding, if the respondents are indigents and to recommend a much lower bail amount.

The fact of indigency should also be indicated in the information or criminal charge, along with the recommended bail.

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Indigents could prove their status by presenting to the prosecutor their latest income tax return or pay slip or other proof of income or a certificate of indigency from the Department of Social Welfare and Development or the office of the barangay chairperson.

The DOJ circular does not distinguish as to the nature of the crimes but sets a cap at P10,000 as the maximum amount for indigents.

Of the 7 existing penal colonies in the country, the Davao Prison and Penal Farm in Davao del Norte is the most congested with a 377 percent congestion rate, followed by the New Bilibid Prison in Muntinlupa City (356%) and Iwahig Prison and Penal Farm in Palawan (283%).

NBP holds the most number of inmates at close to 30,000.

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