QuestionsQuestions (Republic Act No. 10389)
Republic Act No. 10389 is the “Recognizance Act.” It institutionalizes release on recognizance as a mode of granting the release of an indigent person in custody as an accused in a criminal case.
It covers persons in custody or detention who are unable to post bail due to abject poverty, excluding those charged with crimes punishable by death, reclusion perpetua, or life imprisonment. The law cites the 1987 Constitution’s recognition of the right to bail or release on recognizance.
Recognizance is a mode of securing the release of a person in custody or detention for an offense who is unable to post bail due to abject poverty.
For offenses not punishable by death, reclusion perpetua, or life imprisonment, release on recognizance is a matter of right when the accused complies with the requirements of the Act and files an application.
The application may be filed before or after conviction by the MTC/MeTC/MCTC/MCTC in cities and municipal circuit trial courts, and before conviction by the RTC.
If the person in custody has been detained for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged, without applying the Indeterminate Sentence Law or any modifying circumstance, the person shall be released on recognizance.
A sworn declaration of indigency; a certification from the head of the social welfare and development office that the accused is indigent; arraignment; notification to the proper sanggunian with its resolution (with procedures and timeline); documentation (photo and fingerprinting) with costs shouldered by the municipality/city; and notice to the public prosecutor within 24 hours with a hearing held between 24 and 48 hours from prosecutor receipt.
The sanggunian must include the notice in its agenda, may act on comments/opposition within ten (10) days from receipt. Its action is by resolution approved by the mayor. If the mayor fails to act within 24 hours from receipt, it is deemed favorably acted upon.
The disapproved resolution is returned within 24 hours to the sanggunian presiding officer/secretary, which must inform members. The sanggunian shall meet in special session within 24 hours from receipt of the veto to consider overriding the mayor’s disapproval.
Among others: untruthful statements in the sworn affidavit; recidivism/quasi-recidivism/habitual delinquency; prior escape or violation of bail/release conditions; prior crime while on probation/parole/conditional pardon; strong probability of flight; high risk of committing another crime; and pending criminal case with same or higher penalty to the new charge.
The custodian must be a person of good repute and probity; a resident of the barangay where the applicant resides; not a relative within the 4th degree of consanguinity/affinity; and must belong to specified sectors/institutions (e.g., church, academe, social welfare, health sector, cause-oriented/charitable organizations or rehab groups duly accredited by the local social welfare and development officer).
The custodian must guarantee the appearance of the accused whenever required and execute an undertaking to produce the accused. Failure to deliver/produce the accused upon due notice without justifiable reason subjects the custodian to imprisonment of six (6) months to two (2) years.
The court issues an order directing the Probation Office to monitor and evaluate the accused’s activities. The Probation Office must submit a monthly written report of findings and recommendations, and the prosecution including the private complainant (if any) receives a copy.
The court orders arrest and detention if: it finds meritorious a sworn manifestation after summary hearing and opportunity to be heard; the accused fails to appear as required; there is a complaint for another offense involving moral turpitude with recommendation by public prosecutor or the mayor; or acts of harassment toward private complainant/prosecutor/witnesses are shown.
Yes. Upon issuance of the court’s order, the accused becomes subject to a citizen’s arrest pursuant to the Rules of Court—specifically stated in the provision on arrest for harassment cases.
No, generally not—benefits are not allowed after judgment becomes final or when the accused has started serving sentence. Exception: if entitled to probation benefits and the application for probation is made before the convict starts serving sentence, the court may allow release on recognizance.