PNoy revokes order that sets higher bail threshold for qualified theft

President Benigno Aquino III has revoked an order that makes qualified theft a non-bailable offense, if the stolen money or property was worth P500,000 or above.

Because of the revocation through Aquino's Memorandum Order (MO) No. 63 dated December 6, 2013, the "no bail policy" for qualified theft will now apply to acts involving stolen amounts as low as P222,000.

Originally, MO 177, issued on June 28, 2005, had directed the DOJ to observe a bail bond guideline in which no bail is recommended "for the crime of qualified theft where the aggregate value of the property stolen is five hundred thousand pesos (P500,000) and above."

However, in July 2005, the DOJ issued Department Circular 29 that provided a much lower bail threshold for qualified theft. Under DC 29, no bail shall be recommended for qualified theft where the value of the property stolen is P222,000 or more.

"The conflicting issuances resulted [in] confusion in the bench and bar," said Justice Secretary Leila de Lima. "By having clear rules, we hope that there will be more predictability and stability in our legal framework."

In a statement on Thursday, the Supreme Court's Public Information Office said Chief Justice Maria Lourdes Sereno has already been informed about the changes through a letter sent to her by the DOJ earlier this month.

"The revocation of MO 177 is without prejudice to the DOJ prescribing rules for the setting and posting of bail for the crime of qualified theft," added the SC PIO, quoting the letter the high court got from the DOJ.

The DOJ Bail Bond Committee, which was created under DO No. 383 dated May 10, 2012, and chaired by Assistant Secretary Geronimo Sy, will next develop the 2014 Guidelines on Bail to update the old 2000 Rules, the DOJ added in a separate statement.

"The next step is to craft a policy that will not put people in jail indefinitely for property crimes unless these constitute economic sabotage or large scale fraud," said Sy.

"The poor specially ought not to be punished twice for not being able to afford bail," he added. — LBG, GMA News