Question & AnswerQ&A (Republic Act No. 10389)
Republic Act No. 10389 is officially known as the "Recognizance Act of 2012."
The main policy is to promote social justice and restorative justice by institutionalizing recognizance as a mode of release for indigent persons in custody as accused in criminal cases, addressing problems such as protracted trials, lack of legal representation, inability to post bail, jail congestion, and to uphold the right to bail or release on recognizance as guaranteed by the Constitution.
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, allowing release to the custody of a qualified custodian in the accused's community.
Persons charged with offenses not punishable by death, reclusion perpetua, or life imprisonment are entitled to release on recognizance before conviction by the Regional Trial Court, or before or after conviction by lower courts, upon compliance with the Act's requirements.
Key requirements include: a sworn declaration of indigency, certification of indigency from local social welfare office, arraignment of the accused, notification and resolution from local sanggunian with mayor's approval, proper documentation (photo and fingerprints), and notification to the public prosecutor with a hearing.
Disqualification grounds include: untruthful indigency statements, being a recidivist or habitual delinquent, previous escape or bail violations without justification, having committed crimes while on probation or parole, flight risk, likelihood of committing another crime, or having pending criminal cases with similar or higher penalties.
The custodian must be a person of good repute, resident of the accused's barangay, not a relative within the fourth degree of consanguinity or affinity, and a member of certain recognized sectors such as church, academe, social welfare, health, charitable or rehabilitation organizations accredited by the local social welfare officer.
The custodian guarantees the accused's appearance in court when required and must execute an undertaking to this effect. Failure to produce the accused without justifiable reason results in imprisonment for six months to two years.
The Probation Office is tasked to monitor and evaluate the activities of the released person and submit monthly written reports with findings and recommendations to the court, with copies provided to the prosecution and private complainant if any.
Arrest can be ordered if there is a meritorious sworn complaint after hearing, failure to appear in court without justification, if charged with another offense involving moral turpitude with prosecutorial or mayoral recommendation, or acts of harassment such as stalking or intimidation towards complainants, witnesses, or prosecutors.