Bail Requirements for Lasciviousness Cases in the Philippines

Disclaimer: This discussion is for general informational purposes only and does not constitute legal advice. If you need advice regarding a specific case or situation, please consult a qualified legal professional.

1. Overview of Acts of Lasciviousness Under Philippine Law

In the Philippines, “lasciviousness” generally refers to acts done with lewd intent or lustful purpose that do not amount to rape but offend the victim’s dignity and integrity. The principal statute that defines and penalizes acts of lasciviousness is the Revised Penal Code (RPC), particularly:

Article 336 (Acts of Lasciviousness) – This is the usual charge when the offense is committed against a person over 12 (or 16) years old (depending on the specific factual context and the interplay of other laws).
Qualified Acts of Lasciviousness under Special Laws – Certain laws, such as Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation, and Discrimination Act), impose heavier penalties for lascivious conduct committed against children, especially those below 12 or 16 years of age. In specific circumstances, these offenses can be punishable by reclusion perpetua (potentially non-bailable if the evidence of guilt is strong).

Because the right to bail is constitutionally guaranteed except in offenses punishable by reclusion perpetua or life imprisonment (and only when evidence of guilt is strong), understanding the exact charge and penalty is critical in determining bail entitlement.

2. Penalties and Their Impact on Bail

2.1. Acts of Lasciviousness under Article 336 of the Revised Penal Code

Definition: Under Article 336, “Acts of Lasciviousness” are typically defined as lewd acts or gestures committed using force, threat, or intimidation, or otherwise without consent.
Penalty Range: The penalty for Acts of Lasciviousness (Article 336, RPC) is generally prisión correccional (6 months and 1 day to 6 years).

Bail Implications

Because the maximum penalty is generally up to 6 years, such offenses are bailable as a matter of right, subject to the amount set by the court. Philippine courts typically refer to:

The Department of Justice Bail Bond Guide, or
Rule 114 of the Revised Rules of Criminal Procedure (particularly Section 9) which provides guidelines for fixing bail.

The recommended bail for simple acts of lasciviousness often falls within a range (for example, around ₱36,000 to ₱80,000 or higher, depending on current guidelines), but the final amount is within the discretion of the judge, who considers:

The applicant’s financial ability.
The nature and circumstances of the offense.
The penalty imposable for the offense charged.
The character and reputation of the accused.
The weight of the evidence against the accused.
The probability of the accused appearing for trial.

If granted, the accused may post cash bail, surety bond, property bond, or other forms of bail recognized by the rules.

2.2. Lascivious Conduct under RA 7610 (When Committed Against Minors)

Definition: Republic Act No. 7610 (“Special Protection of Children Against Abuse, Exploitation, and Discrimination Act”) penalizes lascivious conduct committed against children.
Heavier Penalties: The law provides heavier penalties depending on the age of the child and the presence of qualifying circumstances (e.g., the child is under 12, under 16, or there is a relationship of trust, authority, or influence).
Possible Imposition of Reclusion Perpetua: If the child victim is below 12 (or below the statutory age of consent as amended by other laws like RA 11648, which raised the age of sexual consent to 16), the penalties can escalate. In extreme cases, it can be reclusion perpetua if accompanied by qualifying circumstances akin to statutory rape provisions (though the exact charge may sometimes be different or combined).

Bail Implications

If the penalty is lower than reclusion perpetua: The offense remains bailable as a matter of right, and the court will set the bail amount following the guidelines.
If punishable by reclusion perpetua or life imprisonment: The Constitution provides that such offenses are non-bailable if the evidence of guilt is strong. However, the accused may still apply for bail. The court will conduct a bail hearing to determine if the evidence of guilt is strong:
- If the court finds the evidence of guilt is not strong, the accused may be granted bail.
- If the court finds the evidence of guilt strong, bail may be denied, and the accused remains in custody pending trial.

3. The Right to Bail in the Philippines

Under the 1987 Philippine Constitution, the right to bail is a fundamental right except for offenses punishable by reclusion perpetua or life imprisonment, when the evidence of guilt is strong. Specifically:

Article III, Section 13 states:
“All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law.”

Hence, most lasciviousness cases—especially where the penalty is below reclusion perpetua—are bailable as a matter of right.

4. Procedure for Applying for Bail

Filing a Motion (or Application) for Bail
- The accused, or counsel, files a written motion for bail or makes an oral application in court.
Summary Hearing or Bail Hearing
- For offenses punishable by imprisonment lower than reclusion perpetua (such as simple acts of lasciviousness under Article 336 RPC), courts usually proceed directly to setting the amount of bail based on existing guidelines and facts of the case.
- For offenses punishable by reclusion perpetua or life imprisonment (e.g., certain qualified lascivious conduct under RA 7610), the court will schedule a bail hearing to determine the strength of the prosecution’s evidence.
Setting the Bail Amount
- Courts consider the factors stated in Rule 114 of the Rules of Court, such as:
  - Financial ability of the accused
  - Nature and circumstances of the offense
  - Penalty likely to be imposed
  - Probability of the accused appearing for trial
  - Character and reputation of the accused
  - Weight of the evidence against the accused
Posting Bail
- The accused may post bail in one of several forms:
  - Cash Bond – Deposit the full amount.
  - Surety Bond – Secure a bond through an accredited bonding company.
  - Property Bond – Offer real property as collateral, subject to approval by the court.
  - Recognizance – In rare instances, the accused may be released to the custody of a qualified individual if allowed by law.
Release and Undertaking
- Once the court approves and the accused properly posts bail, the accused is released pending trial. However, they undertake to appear at every court hearing, otherwise they risk forfeiture of the bail and possible rearrest.

5. Practical Considerations

Early Consultation with Counsel: Obtaining the services of a lawyer early helps in properly determining the correct charge, analyzing if the case is bailable, and preparing the paperwork for bail.
Bail Bond Guides: Bail schedules are updated periodically, so amounts can change. Defense counsel should check the latest guidelines or coordinate with the Office of the Clerk of Court.
Speedy Trial Rights: While out on bail, the accused still has the right to a speedy trial under Philippine law. Prolonged delays can sometimes be challenged, but this requires strategic legal action.
Non-Bailable Charges: If the prosecution or the court frames the offense as one punishable by reclusion perpetua (especially in child-related cases with qualifying circumstances), the accused’s counsel must be prepared to argue for the right to bail in a bail hearing.
Compliance with Conditions: Once bail is granted, the accused must comply with all conditions set by the court—failure to do so can lead to cancellation of bail and immediate arrest.

6. Key Takeaways

Simple Acts of Lasciviousness (Article 336, RPC)
- Punished by prisión correccional (6 months and 1 day to 6 years)
- Bailable as a matter of right
- Bail amount set by the court (commonly referenced in bail bond guides)
Lascivious Conduct under RA 7610 (and other special laws)
- Heavier penalties if committed against minors; penalties can escalate to reclusion perpetua under certain qualifying circumstances.
- If punishable by reclusion perpetua or life imprisonment, it becomes non-bailable if the evidence of guilt is strong.
- A bail hearing must be held to determine if the evidence of guilt is strong.
General Right to Bail
- Guaranteed by the Philippine Constitution for offenses with penalties below reclusion perpetua, subject to the court’s discretion on the amount.
- Even for capital offenses (punishable by reclusion perpetua or life imprisonment), bail can still be granted if the court finds the evidence of guilt is not strong.
Court Discretion
- Judges have significant discretion in setting the amount of bail and in determining whether to grant or deny bail in non-bailable offenses, contingent on the strength of the prosecution’s evidence.

Final Word

Bail in lasciviousness cases in the Philippines largely hinges on (1) the exact offense charged, (2) the corresponding penalty, and (3) the strength of the prosecution’s evidence. Simple acts of lasciviousness under Article 336 of the Revised Penal Code are almost always bailable as a matter of right due to their maximum penalty of six years’ imprisonment. However, when the offense involves minors or other aggravating circumstances under special laws (such as RA 7610), the penalty could escalate to reclusion perpetua, in which case the accused may need a bail hearing to establish their entitlement to provisional liberty.

If you or someone you know is facing a lasciviousness charge, it is crucial to seek professional legal counsel to navigate the charges, determine bail eligibility, and advocate effectively before the court.