Disclaimer: The following discussion is intended for general informational purposes only and does not constitute legal advice. Philippine laws and their interpretations by courts may change over time. If you need advice about your specific circumstances, please consult a qualified attorney in the Philippines.

1. Introduction

In the Philippines, the crime of Attempted Rape is governed primarily by the Revised Penal Code (RPC), as amended by Republic Act (R.A.) No. 8353 (the Anti-Rape Law of 1997). Meanwhile, R.A. No. 7610, officially titled the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act,” provides additional protection for minors and prescribes heavier penalties for offenses committed against them.

When discussing “Bail Amount for Attempted Rape and R.A. 7610,” it is important to understand:

How Attempted Rape is defined and penalized under the Revised Penal Code.
The interplay with R.A. 7610 in cases where the victim is a child (below 18 years of age).
Rules on bail under Philippine law, including constitutional provisions, the Rules of Court, and Supreme Court or Department of Justice (DOJ) guidelines that help determine the recommended bail amount.

Below is a comprehensive overview of these topics.

2. Attempted Rape Under the Revised Penal Code

2.1. Legal Basis and Definition

Definition of Rape (Art. 266-A, Revised Penal Code):
The RPC defines consummated rape in several ways (e.g., carnal knowledge of a woman through force, threat, or intimidation).
Attempted Rape:
Generally, a felony is considered “attempted” when the offender commences the commission of the crime by overt acts but does not perform all the acts of execution by reason of some cause or accident other than the offender’s own spontaneous desistance.

Thus, for Attempted Rape, it must be shown that the accused:
1. Began to perform acts that would lead to rape (e.g., starting to overpower the victim, attempting penetration, etc.),
2. Failed to successfully consummate the crime because of external factors or intervention, not because the offender voluntarily stopped.

2.2. Penalty for Attempted Rape

Under the RPC (as amended), consummated rape may be punished by reclusion perpetua (up to life imprisonment), depending on aggravating or qualifying circumstances.
Attempted Rape, however, carries a lesser penalty—generally two degrees lower than that prescribed for the consummated offense.
- If consummated rape is penalized by reclusion perpetua, then attempted rape is typically penalized by prisión mayor (which ranges from 6 years and 1 day to 12 years) in its medium or maximum periods, subject to the court’s discretion and any modifying circumstances.

3. R.A. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act)

3.1. Key Provisions

Coverage: R.A. 7610 protects children (persons below 18 years old) from all forms of abuse, neglect, cruelty, exploitation, and other conditions prejudicial to their development.
Sexual Abuse and Exploitation:
R.A. 7610 considers sexual intercourse or lascivious conduct with a child under certain circumstances as child abuse. This covers actual acts of sexual assault or even attempts at such acts.

3.2. Applicability to Attempted Rape

If the victim is a minor, the accused may be held liable both under the Revised Penal Code provisions on attempted rape and under R.A. 7610 if the act falls squarely under child abuse/sexual exploitation. At times, prosecutors will file charges under both R.A. 7610 and the RPC (e.g., Attempted Rape in relation to R.A. 7610).
Heavier Penalties:
In many instances, crimes involving child victims carry heavier or additional penalties compared to similar crimes committed against adults. Courts typically treat these circumstances as special aggravating or qualifying factors.

4. Right to Bail in the Philippines

4.1. Constitutional Basis

Article III, Section 13 of the 1987 Philippine Constitution provides for the right to bail, except for offenses punishable by reclusion perpetua (or life imprisonment) when the evidence of guilt is strong. If an offense is non-bailable because of the penalty imposed (e.g., reclusion perpetua or life imprisonment), the accused can still apply for bail, but the court must first conduct a bail hearing to determine the strength of the prosecution’s evidence.

4.2. Rules of Court and Bail Guidelines

Rules of Court, Rule 114: Governs the procedure for bail, including when bail is a matter of right and when it is discretionary.
Recommended Bail Bond Guides:
The Supreme Court and the Department of Justice may from time to time issue or update bail bond guides or schedules indicating recommended amounts for various offenses. However, these guides are not absolute; judges have the discretion to increase or decrease the recommended bail, taking into consideration factors such as:
1. The nature and circumstances of the offense,
2. The penalty prescribed by law,
3. The character and reputation of the accused,
4. The weight of the evidence against the accused,
5. Probability of flight risk,
6. Financial ability of the accused to post bail, etc.

5. Bail Amount for Attempted Rape (Philippine Context)

5.1. General Range in Bail Schedules

Because Attempted Rape ordinarily carries a penalty of prisión mayor, it is usually bailable as a matter of right. Under older and newer bail bond guides, recommended bail for Attempted Rape often falls in the range of around PHP 120,000 to PHP 200,000 (sometimes higher, depending on aggravated circumstances). This range is not fixed in stone and can vary per judicial region or upon the court’s discretion.

Important Notes:

If the victim is a minor and the offense qualifies under R.A. 7610 or if the attempted act may be prosecuted under a special law that prescribes a penalty near or equivalent to reclusion perpetua, the offense could be treated more severely, possibly resulting in:
- A higher recommended bail, or
- A scenario in which the court requires a bail hearing if the maximum penalty could reach reclusion perpetua (though attempted crimes typically carry lower penalties than the consummated offense).

5.2. Factors Affecting Bail Amount

Age of the Victim: If a minor is involved (especially under 12 or under 16), courts typically impose stricter conditions.
Use of Weapons or Violence: If the attempted rape involves additional aggravating circumstances, bail can increase.
Accused’s Criminal Record: A repeat offender or someone with prior warrants could face higher bail.
Strength of Prosecution’s Evidence: Stronger evidence against the accused can persuade the court to set a higher bail to ensure appearance at trial.

6. Procedural Considerations and Interaction with R.A. 7610

Filing of Charges:
Prosecutors sometimes charge the accused with two offenses (Attempted Rape under the RPC and Violation of R.A. 7610) if the facts support both charges. Ultimately, the court may convict for one or both if the elements are duly proven.
Separate Penalties:
R.A. 7610 imposes its own penalties for child abuse, sexual exploitation, or lascivious conduct. If the court finds the accused guilty under both the RPC (for attempted rape) and R.A. 7610 (for child abuse/sexual exploitation), penalties could be served in succession, depending on how the judgment is rendered.
No Double Jeopardy Issue:
Charging both under the RPC and R.A. 7610 does not necessarily violate the rule on double jeopardy if each law punishes distinct elements or aspects of the same act. Prosecutors must ensure that the elements under each statute are properly alleged and proven.

7. Practical Tips and Reminders

Engage an Attorney Immediately:
Anyone accused or a complainant in an attempted rape case (especially involving a minor) should consult a lawyer for detailed guidance.
Attend All Court Hearings:
The posting of bail ensures provisional liberty. However, failure to attend required court dates can lead to bail forfeiture and issuance of an arrest warrant.
Cooperation with Authorities:
Complainants or their guardians (in child abuse cases) should coordinate with social welfare officers, law enforcement, and prosecutors to strengthen the case.

8. Conclusion

In the Philippine legal system, Attempted Rape is a bailable offense in most instances, especially if the penalty does not rise to reclusion perpetua. Courts generally refer to bail bond guides (often suggesting around PHP 120,000–200,000, subject to increases) but ultimately exercise discretion based on various factors, including the gravity of the offense and the accused’s flight risk.

When the victim is a minor, R.A. 7610 comes into play, providing additional protections and potentially heavier penalties for the accused. Courts may impose higher bail amounts for attempted rape involving child victims, and prosecutors may file separate or combined charges under both the Revised Penal Code and R.A. 7610.

Because the stakes are high for both complainant and accused—liberty on one side and justice for the victim on the other—it is crucial to secure competent legal counsel. Ultimately, the specific bail amount and applicability of R.A. 7610 will depend on the unique facts of the case, the court’s assessment of the evidence, and existing jurisprudence.

Disclaimer (reiterated): This discussion provides a broad overview of Philippine law on bail for Attempted Rape and the provisions of R.A. 7610. It is not a substitute for professional legal advice. For specific questions or situations, please consult a licensed attorney in the Philippines.