Purpose and policy objective
- The Order is issued to set clear and concrete guidelines on documentary requirements for the release of posted cash bonds.
- The Order establishes internal processing rules to govern how requests for release/refund are handled after filing.
Documentary requirements for release
- For the release of cash bonds, the claimant must submit the documents required under Section 1.
- The documents are:
- Original/certified true copy of the Order directing the posting of cash bond.
- Original/certified true copy of the Order of refund of cash bond, duly signed by the Commissioner.
- Request for refund of claimant.
- Original official receipt of the cash bond deposit.
- Filing fee official receipt number for the refund of cash bond.
- Legal research fee official receipt.
- The documentary submission requirements in Section 1 are used as the baseline for processing release/refund requests.
Refund filing through authorized representatives
- When an authorized representative files for refund, the representative must submit additional documents under Section 2.
- In addition to the requirements in Section 1, the representative must submit:
- A Special Power of Attorney that is valid for six (6) months.
- Valid identification (ID) of the claimant.
Legal Division processing timeline
- The Legal Division must act on the request under Section 3.
- After a request for release/refund of the posted cash bond is filed, the Legal Division must forward a draft order granting or denying the request to the Commissioner within seven (7) days.
- This seven (7) days period is measured from the filing of the request.
Finance & Management Division check issuance
- The FMD & Cash Section is tasked with releasing funds once approval is issued under Section 4.
- After issuance of an Order granting the release of the cash bond, the Finance and Management Division must issue the appropriate check for encashment.
- The check issuance must be done within seven (7) days from the issuance of the Order granting release.
Effectivity and publication rule
- Section 5 provides that BI Operations Order No. SBM-2014-052 takes effect 15 days from receipt of the Office of the National Administrative Register (ONAR), U.P. Law Center, U.P. Diliman, Quezon City.
- The Order is dated October 09, 2014, and it is adopted on 09 October 2014.