OFFICE OF THE CHAIRMAN OF THE EXECUTIVE
COMMISSION

MALACAÑAN PALACE

BY THE CHAIRMAN OF THE EXECUTIVE COMMISSION

EXECUTIVE ORDER NO. 90

PRESCRIBING RULES AND REGULATIONS GOVERNING THE GRANTING OF BAIL TO PERSONS ACCUSED OF CRIMES.

Pursuant to the authority conferred upon me as Head of the Central Administrative Organization by Order No. 1 in connection with Order No. 3 of the Commander-in-Chief of the Imperial Japanese Forces in the Philippines, in order to deter more effectively the commission of crimes and better promote peace and order, the following rules and regulations governing the granting of bail to persons accused of crimes are, upon the recommendation of the Executive Commission, hereby promulgated :

SECTION 1. Non-bailable offenses.—Except as otherwise provided in section 2 hereof, no person’ accused of an offense shall be bailable in the following cases:

(a) Where the penalty prescribed by law for the offense charged is death or life imprisonment;

(b) Where the accused is a habitual delinquent; and

(c) Where the imprisonment prescribed by law for the crime charged is more than twelve (12) years.

SEC. 2. Grant of bail under special circumstances.Notwithstanding the provisions of section 1 hereof, when special circumstances exist which justify the grant of bail to the accused without harm to the public interest, the competent court, other than the Supreme Court, before whom any of said cases is pending trial or on appeal may, with the previous approval of the Commissioner of Justice, grant bail to the accused. In such case, the court shall, by resolution, set forth the special circumstances and reasons relied upon in favor of the granting of the bail and shall forward the same, together with the pertinent papers, to the Commissioner of Justice for appropriate action. In cases which are pending appeal in the Supreme Court, bail may be granted by said Court when special circumstances exist as provided herein without the previous approval of the Commissioner of Justice.

SEC. 3. Bailable offenses.—In all cases other than those mentioned in section 1 hereof, the accused shall be admitted to bail upon cash deposit or bond in an amount to be fixed by the court as follows:

(a) Where the penalty prescribed by law for the offense charged is imprisonment of from six year’s and one day to twelve years, from ₱6,000 to ₱12,000;

(b) Where the penalty is imprisonment of from six months and one day to six years or is suspension, or “destierro,” from ₱6,000 to ₱6,000;

(c) Where the penalty is imprisonment of from one month and one day to six months, from ₱100 to ₱600; and

(d) Where the crime is punishable with imprisonment of from one day to thirty days, not more than ₱100.

SEC. 4. Bail bond.—In the cases of bailable offenses, or when bail is allowed under section 2 hereof, the accused may deposit in cash with the court or with the nearest collector of internal revenue or provincial, city or municipal treasurer the amount of his bail as fixed by the court, or give to the court a bond for the said amount executed by a surety company authorized to transact business in the Philippines, or by at least two sufficient sureties each of whom must be a resident of the Philippines and owner of real properties situated therein worth the amount specified in the undertaking and free from any lien or encumbrance.

SEC. 5. Suspension of inconsistent laws.—The effect of existing laws and rules which are in conflict or inconsistent herewith is hereby suspended until further orders.

SEC. 6. Effectivity.This Order shall take effect upon its approval by the Commander-in-Chief of the Imperial Japanese Forces in the Philippines.

Done in the City of Manila, Philippines, this 9th day of September, 1942.

(Sgd.) JORGE B. VARGAS
Chairman of the Executive Commission

APPROVED by the Commander-in-Chief of the Imperial Japanese Forces in the Philippines on September 14, 1942.

Source: Office of the Solicitor General Library