Below is a general legal discussion on bail and penalties for the crime of Attempted Rape in the Philippines, reflecting the primary statutes (particularly the Revised Penal Code as amended) and relevant principles in Philippine jurisprudence. While this provides a comprehensive overview, always consult the latest laws, Supreme Court decisions, and legal professionals for precise and up-to-date guidance.

1. Legal Framework for Rape and Attempted Rape

1.1. Rape in the Revised Penal Code (RPC) as Amended by R.A. No. 8353

Republic Act No. 8353 (the Anti-Rape Law of 1997) reclassified rape from a crime against chastity under the old Revised Penal Code to a crime against persons, thus amending Articles 266-A to 266-B of the RPC.
Article 266-A defines consummated rape under several modes (sexual intercourse under force or intimidation, carnal knowledge of a woman under certain circumstances, sexual assault with instruments or body parts other than the male organ, etc.).
Article 266-B provides the penalty for consummated rape:
- The basic penalty is reclusion perpetua (i.e., imprisonment ranging from 20 years and 1 day to 40 years).
- Certain qualifying circumstances (e.g., use of a deadly weapon, the offender is a parent, etc.) can increase the penalty.

1.2. Attempted Felonies Under the Revised Penal Code

Article 6 of the RPC classifies felonies as consummated, frustrated, or attempted depending on the stage of execution.
Article 51 of the RPC states that the penalty for an attempted felony shall be two degrees lower than the penalty prescribed by law for the consummated felony.

Hence, once there is a commencement of execution (an overt act) that directly tends to commit rape but is not carried out to its full execution due to reasons other than the offender’s own voluntary desistance, the crime is legally categorized as Attempted Rape.

2. Penalty for Attempted Rape

Since the consummated crime of rape is typically penalized by reclusion perpetua, the penalty for Attempted Rape—being two degrees lower—is prisión mayor under Philippine law (applying Article 51 in relation to Article 266-B).

Prisión mayor carries an imprisonment period ranging from 6 years and 1 day to 12 years.
Within that broad range, the exact duration will be determined by the court after considering mitigating and aggravating circumstances, as well as the Indeterminate Sentence Law (which requires the judge to impose a minimum and maximum term within the range of the prescribed penalty).

3. Key Considerations in Identifying Attempted Rape

Commencement of the Criminal Act: There must be an overt act pointing toward the intent to have sexual intercourse or commit one of the acts enumerated in Article 266-A.
Non-Completion of the Crime: The act should not reach the point of consummation:
- In the case of “traditional” rape (vaginal intercourse), jurisprudence typically holds that any penetration, no matter how slight, consummates the crime.
- If the acts do not reach even slight penetration, it remains at the stage of attempt—provided there was a direct move to commit rape and some external or accidental cause stopped the offender from completing it.
Distinction from Acts of Lasciviousness: Courts often distinguish whether the offender’s purpose was indeed sexual intercourse (or an act under Article 266-A). If the prosecution cannot prove an intention or attempt at intercourse, the offense may be considered an act of lasciviousness (under Article 336 of the RPC), which carries a different penalty.

4. Bail for Attempted Rape

4.1. General Rule on Bail

Under the Constitution and the Rules of Court, every person charged with an offense that is punishable by a penalty lower than reclusion perpetua or life imprisonment is generally entitled to bail as a matter of right prior to conviction. For crimes punishable by reclusion perpetua, bail is discretionary (or non-bailable when the evidence of guilt is strong).

Since Attempted Rape is penalized by prisión mayor (maximum of 12 years), it falls below the threshold of reclusion perpetua or life imprisonment. Therefore:

Bail is typically a matter of right for a person accused of Attempted Rape—assuming no aggravating or special circumstances elevate the offense to a higher penalty (e.g., in some extremely rare scenarios involving complex crimes or special laws, but that is outside the usual scope).

4.2. Determination of Bail Amount

The amount of bail is set by the court based on:
1. The recommendation of prosecutors following guidelines from the Department of Justice or the local court’s bail bond guide.
2. The financial capacity of the accused.
3. The likelihood of flight or risk of the accused not appearing in court.
4. The seriousness of the offense and potential penalty.
Once set by the judge, the accused may post bail in the form of cash, surety bond, or property bond, subject to the court’s approval.

5. Other Procedural and Substantive Points

Rights of the Accused:
- Presumption of innocence.
- Right to counsel.
- Right to be informed of the charges.
- Right to preliminary investigation and due process.
Prosecution’s Burden of Proof:
- Must prove the elements of Attempted Rape beyond reasonable doubt.
- Must establish an overt act directly aiming to consummate rape plus evidence that the accused intended to commit rape.
Voluntary Desistance:
- If the accused freely stops the act by his own will before it is completed, no attempted felony is committed under Article 6 of the RPC; the act is not subject to the penalty for Attempted Rape.
- However, if an external cause or accidental reason intervenes (e.g., victim escapes, third person intervenes), the crime is considered attempted.
Indeterminate Sentence Law:
- In imposing imprisonment, courts usually fix a minimum and a maximum within the range of prisión mayor.
- Example: The court might sentence an accused to an indeterminate penalty of 6 years as a minimum to 10 years as a maximum.
Civil Liability:
- As with other crimes, Attempted Rape can give rise to civil liability for moral damages, exemplary damages, or indemnity, as determined by the court.

6. Illustrative Example (Hypothetical)

Facts:
- The accused drags a victim into a secluded area, starts forcibly removing her clothes, and attempts penetration.
- Before any penetration occurs, a bystander intervenes, causing the accused to flee.
Legal Outcome:
- The factual scenario supports a charge of Attempted Rape—the accused demonstrated a direct act of trying to commit rape, but external interference prevented consummation.
- Under Article 51 of the RPC, the penalty is two degrees lower than reclusion perpetua, hence prisión mayor.
- Bail may be granted as a matter of right because the penalty is not reclusion perpetua or death.

7. Conclusion

Attempted Rape in the Philippines is governed by the Revised Penal Code (Articles 6 and 51 on attempted felonies, in relation to Articles 266-A and 266-B on rape).
The standard penalty is prisión mayor (6 years and 1 day to 12 years).
Because the penalty does not reach reclusion perpetua or life imprisonment, an accused charged with Attempted Rape generally has the constitutional right to bail, subject to the court’s discretion on the amount.
Proper legal counsel is crucial at every stage—from the filing of the complaint, preliminary investigation, posting of bail, to the trial itself.

Disclaimer: This overview is intended for educational and informational purposes only. Laws and jurisprudence evolve, and specific cases may turn on unique factual circumstances. Always seek advice from a qualified Philippine lawyer or refer to the most recent statutes, rules, and court decisions for definitive guidance.