Question & AnswerQ&A (Republic Act No. 10389)
Republic Act No. 10389 is titled "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."
Recognizance is defined as a mode of securing the release of any person in custody or detention for the commission of an offense who is unable to post bail due to abject poverty.
A person charged with an offense not punishable by death, reclusion perpetua, or life imprisonment, who is unable to post bail due to indigency, and upon compliance with the requirements set forth in the Act, can be released on recognizance.
The requirements include: (a) A sworn declaration of indigency, (b) Certification of indigency from the local social welfare head, (c) The accused has been arraigned, (d) Notification and action of the local sanggunian, (e) Proper documentation such as photographs and fingerprints, and (f) Notice and hearing involving the public prosecutor within a set timeframe.
The accused must be released to a qualified custodian who is a member of the barangay, city, or municipality where the accused resides, meeting the qualifications as prescribed under the Act.
The custodian must be a person of good repute and probity, a resident of the accused's barangay, not a relative within the fourth degree of consanguinity or affinity, and belong to sectors such as church, academe, social welfare, health, or charitable organizations accredited by the local social welfare and development officer.
The custodian faces imprisonment from six (6) months to two (2) years if they fail to produce the accused before the court upon due notice without justifiable reason.
No, except if the person is entitled to the benefits of the Probation Law and the application for probation is made before serving the sentence. In such cases, release on recognizance to a qualified custodian may be allowed.
Grounds include untruthful statements in affidavit, being a recidivist or habitual delinquent, previous escape or violation of bail conditions, committing a crime while on probation or parole, probability of flight, risk of committing another crime, or having a pending case with equal or higher penalty.
The Probation Office must monitor and evaluate the activities of the person released on recognizance, submitting monthly reports with findings and recommendations to the court and prosecution to ensure compliance with release conditions.