CHR lauds DOJ's directive on reduced bail for indigent persons facing criminal charges

The Commission on Human Rights (CHR) lauded the directive of the Department of Justice (DOJ) on the lowering of the recommended bail for indigent persons charged in bailable criminal cases. The reduced bail would also benefit those who are now detained in various facilities because they could not afford the pay the bail for their provisional liberty. "By reducing bail bonds of the most marginalized persons and persons deprived of liberty (PDLs), we also reduce the disparities in the criminal justice system. This also thwarts the impact of incarceration on their livelihood, relationships, and other rights," the CHR said in a statement. Under Department Circular No. 011 issued on Feb. 20, 2023, DOJ prosecutors are mandated to recommend reduced bail for indigent persons accused in bailable criminal cases filed before the courts to ease up congestions in prison facilities nationwide. Only P10,000 or 50 percent of the recommended bail under the Department of Justice’s (DOJ) 2018 Bail Bond Guide, whichever is lower, will be recommended by government prosecutors. Justice Secretary Jesus Crispin C. Remulla said that with the reduced bail, many detained individuals – particularly indigent persons – would be released on bail. Remulla explained that many criminal cases filed in courts against indigent persons are bailable but they “are unable to afford the amount set by the courts upon the recommendation of the prosecutors.” The CHR said the DOJ circular also bolsters the implementation of Republic Act No. 10389, the Recognizance Act of 2012. It said that recognizance, or the act of releasing individuals in custody who cannot afford to pay bail or other fees, is a crucial element of justice and human rights as it promotes the right to presumption of innocence, equitability, and fairness for all.