QuestionsQuestions (Republic Act No. 10389)
RA 10389 is the “Recognizance Act of 2012.” Its policy is to promote social justice and restorative justice, addressing issues like protracted trials, jail congestion, lack of legal representation, and inability to post bail due to poverty, while honoring the constitutional presumption of innocence and the right to bail or release on recognizance.
Recognizance is a mode of securing the release of a person in custody/detention for an offense who is unable to post bail due to abject poverty, by allowing release to the custody of a qualified barangay/city/municipal custodian as provided in the Act.
Persons charged with crimes not punishable by death, reclusion perpetua, or life imprisonment are covered and may be released on recognizance before conviction by the Regional Trial Court, regardless of whether the case was originally filed in or appealed to it, upon compliance with the Act’s requirements.
It is a matter of right when the offense is not punishable by death, reclusion perpetua, or life imprisonment, provided the accused (or someone on behalf of the accused) files the application and complies with the Act’s conditions and requirements.
For MTC/MeTC/MCTC/MTCC: application may be before or after conviction. For RTC: application must be before conviction.
A person in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged—without application of the Indeterminate Sentence Law, or any modifying circumstance—shall be released on recognizance.
The requirements include: (1) sworn declaration of indigency/incapacity to post bail or provide sureties; (2) certification by the head of the social welfare and development office that the accused is indigent; (3) arraignment has occurred; (4) notice to the proper city/municipal sanggunian to comment/oppose within 10 days; (5) proper documentation (photographs and fingerprinting) with costs shouldered by the municipality/city; and (6) prompt notification to the public prosecutor for a hearing within 24–48 hours from receipt by the prosecutor.
The court notifies the sanggunian, which must include the notice on its agenda and may comment or oppose within 10 days from receipt. The sanggunian acts by resolution approved by the mayor (with strict time rules).
If the mayor (or person acting as such) fails to act within 24 hours from receipt, the resolution is deemed acted upon favorably.
The court must notify the prosecutor within 24 hours from filing of the application. The hearing must be held not earlier than 24 hours nor later than 48 hours from receipt of the notice by the prosecutor; during the hearing, the prosecutor must be ready to submit recommendations, and no motion for postponement shall be entertained.
Grounds include: untruthful statements in the sworn affidavit; being a recidivist/quasi-recidivist/habitual delinquent or crime aggravated by reiteration; prior escape or evasion of sentence or violation of bail/recognizance conditions without valid justification; prior crime while on probation/parole/under conditional pardon; circumstances indicating probability of flight; great risk of committing another crime during pendency; or pending criminal case with same/higher penalty to the new offense.
Except for children in conflict with law under RA 9344, the custodian must be: of good repute and probity; a resident of the barangay where the applicant resides; not a relative within the fourth degree of consanguinity/affinity; and must belong to accredited sectors/institutions such as church, academe, social welfare, health sector, cause-oriented groups, charitable organizations, or organizations engaged in rehabilitation of offenders accredited by the local social welfare and development officer. If none exist in the barangay, custodian may be from qualified residents of the city/municipality.
The custodian must guarantee the accused’s appearance whenever required and must execute an undertaking to produce the accused. Failure to deliver/produce the accused after due notice without justifiable reason renders the custodian liable to 6 months to 2 years imprisonment.
The court directs the probation office to monitor and evaluate the person released on recognizance. The probation office must submit a written monthly report with findings and recommendations; prosecution and the private complainant, if any, receive copies.
Upon: (1) a meritorious sworn manifestation after a summary hearing where the accused is heard; (2) failure to appear at trial or whenever required without justification; (3) a complaint for another moral turpitude offense with recommendation by the public prosecutor or mayor; or (4) harassment acts against private complainant/prosecutor/witnesses in the pending case. Upon issuance, the accused may also be subject to a citizen’s arrest under the Rules of Court.
No, the benefits are not allowed after final judgment or once the accused starts serving sentence. Exception: if the accused is entitled to benefits under the Probation Law and the probation application is made before the convict starts serving the sentence, the court may allow release on recognizance to a qualified custodian in the locality where the accused actually resides.