AN ACT INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF GRANTING THE RELEASE OF AN INDIGENT PERSON IN CUSTODY AS AN ACCUSED IN A CRIMINAL CASE AND FOR OTHER PURPOSES
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AN ACT INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF GRANTING THE RELEASE OF AN INDIGENT PERSON IN CUSTODY AS AN ACCUSED IN A CRIMINAL CASE AND FOR OTHER PURPOSES
Republic Act No. 10389
March 14, 2013
Case Overview and Summary
Summary of Republic Act No. 10389 (Recognizance Act of 2012)Statement of Policy (Section 2):
- Promotes social justice and restorative justice to address problems in the criminal justice system.
- Recognizes the constitutional right to bail or release on recognizance.
- Affirms the right of persons, except those charged with crimes punishable by death, reclusion perpetua, or life imprisonment, to be released on recognizance before conviction.
Recognizance Defined (Section 3):
- Recognizance is a mode of securing the release of any person in custody or detention for an offense who is unable to post bail due to abject poverty.
- The court shall allow the release of the accused on recognizance to the custody of a qualified member of the barangay, city or municipality where the accused resides.
Duty of the Courts (Section 4):
- Courts shall use discretion in determining whether an accused should be deemed an indigent, even if salary and property requirements are not met.
- Courts may consider the accused's capacity to support themselves and their dependents.
- Other relevant factors demonstrating the accused's financial incapacity may be considered.
Release on Recognizance as a Matter of Right (Section 5):
- Release on recognizance is a matter of right when the offense is not punishable by death, reclusion perpetua, or life imprisonment.
- Applies before or after conviction by lower courts, and before conviction by the Regional Trial Court.
- A person in custody for a period equal to or more than the minimum penalty for the offense shall be released on recognizance.
Requirements for Release on Recognizance (Section 6):
- A sworn declaration of the accused's indigency or incapacity to post bail.
- A certification from the social welfare office that the accused is indigent.
- The accused has been arraigned.
- The court has notified the local government, which shall provide a list of recommended custodians within 10 days.
- The accused shall be properly documented, with costs shouldered by the local government.
- The court shall notify the public prosecutor and hold a hearing within 24-48 hours.
Disqualifications for Release on Recognizance (Section 7):
- The accused made untruthful statements in the sworn affidavit.
- The accused is a recidivist, habitual delinquent, or has committed a crime aggravated by reiteration.
- The accused has previously escaped confinement, evaded sentence, or violated bail conditions.
- The accused committed a crime while on probation, parole, or conditional pardon.
- There is a probability of flight or risk of committing another crime.
- The accused has a pending case with the same or higher penalty.
Qualifications of the Custodian (Section 8):
- A person of good repute and probity.
- A resident of the barangay where the accused resides.
- Not a relative of the accused within the fourth degree of consanguinity or affinity.
- Must belong to specified sectors or institutions, or a qualified resident if none are available.
Duty of the Custodian (Section 9):
- Guarantee the appearance of the accused whenever required by the court.
- Execute an undertaking to produce the accused, with a penalty of 6 months to 2 years imprisonment for failure to do so without justification.
Role of the Probation Officer (Section 10):
- The court shall direct the Probation Office to monitor and evaluate the activities of the released person.
- The Probation Office shall submit monthly reports to the court and prosecution.
Arrest of a Person Released on Recognizance (Section 11):
- The court shall order the arrest and detention of the accused in certain circumstances, such as failure to appear, commission of another offense, or harassment of parties.
No Release on Recognizance After Final Judgment or Commencement of Sentence (Section 12):
- The benefits shall not be allowed after the judgment has become final or when the accused has started serving the sentence.
- Exception: If the accused is entitled to probation and applies before serving the sentence, the court shall allow release on recognizance.
Separability Clause (Section 13)
Repealing Clause (Section 14)
Effectivity (Section 15): The Act shall take effect 15 days after publication in the Official Gazette or at least two newspapers of general circulation.
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AN ACT INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF GRANTING THE RELEASE OF AN INDIGENT PERSON IN CUSTODY AS AN ACCUSED IN A CRIMINAL CASE AND FOR OTHER PURPOSES
Republic Act No. 10389
•March 14, 2013
Republic of the PhilippinesCONGRESS OF THE PHILIPPINESMetro Manila
Fifteenth CongressThird Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.
REPUBLIC ACT No. 10389
AN ACT INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF GRANTING THE RELEASE OF AN INDIGENT PERSON IN CUSTODY AS AN ACCUSED IN A CRIMINAL CASE AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. – This Act shall be known as the "Recognizance Act of 2012″.
Section 2. Statement of Policy. – It is the declared policy of the State to promote social justice in all phases of national development, including the promotion of restorative justice as a means to address the problems confronting the criminal justice system such as protracted trials, prolonged resolution of cases, lack of legal representation, lack of judges, inability to post bail bond, congestion in jails, and lack of opportunity to reform and rehabilitate offenders. In consonance with the principle of presumption of innocence,...
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