Recognizance for Indigent Release Act

Who qualifies and when release is mandatory

Section 5 states that release on recognizance is a matter of right when the offense is not punishable by death, reclusion perpetua, or life imprisonment.
Section 5 requires that the accused or a person on behalf of the accused files an application:
- Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, and Municipal Circuit Trial Court; and
- Before conviction by the Regional Trial Court.
Section 5 requires the release on the person’s recognizance when 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 application of the Indeterminate Sentence Law, or any modifying circumstance.
Section 5 makes the release available even if the criminal case was filed or appealed to the Regional Trial Court, consistent with Section 2.

Court discretion and factors for indigency

Section 4 requires courts to use discretion to determine whether an accused should be deemed indigent even if salary and property requirements are not met.
Section 4 allows courts to consider the capacity of the accused to support not only the accused but also family or other dependents.
Section 4 allows courts to consider other relevant factors and conditions showing financial incapacity at the time the accused faces charges.
Section 4 directs that such factors be considered to cover as many individuals from marginalized and poor sectors.

Requirements for release on recognizance

Section 6 authorizes the competent court where the criminal case is filed to, upon motion, order the detained person released on recognizance to a qualified custodian, subject to all listed requirements.
Section 6(a) requires a sworn declaration by the person in custody of indigency or incapacity to:
- post cash bail, or
- proffer any personal or real property acceptable as sufficient sureties for a bail bond.
Section 6(b) requires a certification from the head of the social welfare and development office of the municipality or city where the accused actually resides that the accused is indigent.
Section 6(c) requires that the person in custody has been arraigned.
Section 6(d) requires the court to notify the city or municipal sanggunian where the accused resides of the application; the sanggunian must:
- include the notice in its agenda,
- act on the request for comments or opposition within ten (10) days from receipt of notice,
- act through a resolution duly approved by the mayor.
Section 6(d)(1) requires that any motion for the adoption of a resolution made before the sanggunian under Section 6(d) is an urgent matter that takes precedence over other business; a special session must be called if necessary.
Section 6(d)(1) requires the sanggunian’s resolution to include a list of recommended organizations from whose members the court may appoint a custodian.
Section 6(d)(2) requires the sanggunian secretary to submit the adopted resolution to the mayor within twenty-four (24) hours from passage; the mayor must act within the same period from receipt.
Section 6(d)(3) provides that if the mayor (or person acting as such) fails to act within twenty-four (24) hours from receipt, the resolution is deemed favorably acted upon.
Section 6(d)(4) requires that if disapproved, the resolution be returned within twenty-four (24) hours to the sanggunian presiding officer or secretary, who must inform every member; the sanggunian must meet in a special session within twenty-four (24) hours from receipt of the veto to consider overriding the mayor’s veto.
Section 6(d) provides that the sanggunian resolution is final and not subject to review of the Sangguniang Panlalawigan; a copy must be forwarded to the trial court within three (3) days from date of resolution.
Section 6(e) requires that the accused be properly documented, including photographic image reproduction of all sides of the face and fingerprinting.
Section 6(e) requires the municipality or city that sought the release to shoulder the documentation costs, chargeable to the mandatory five percent (5%) calamity fund in its budget or to other available funds in its treasury.
Section 6(f) requires the court to notify the public prosecutor of the hearing date within twenty-four (24) hours from filing of the application.
Section 6(f) requires the hearing be held not earlier than twenty-four (24) hours nor later than forty-eight (48) hours from the prosecutor’s receipt of notice.
Section 6(f) directs that during the hearing, the prosecutor must be ready to submit recommendations, and no motion for postponement is entertained.

Disqualifications from recognizance benefits

Section 7 requires the court to disqualify an accused from availing the benefits when any listed circumstance exists.
Section 7(a) disqualifies an accused who made untruthful statements in the sworn affidavit required under Section 5(a).
Section 7(b) disqualifies a recidivist, quasi-recidivist, habitual delinquent, or one who committed a crime aggravated by reiteration.
Section 7(c) disqualifies an accused who previously escaped from legal confinement, evaded sentence, or violated conditions of bail or release on recognizance without valid justification.
Section 7(d) disqualifies an accused who previously committed a crime while on probation, parole, or under conditional pardon.
Section 7(e) disqualifies when personal circumstances or the nature of the facts show the probability of flight if released on recognizance.
Section 7(f) disqualifies when there is a great risk the accused may commit another crime during pendency of the case.
Section 7(g) disqualifies when there is a pending criminal case with the same or higher penalty to the new crime the accused is being accused of.

Custodian: qualifications and selection

Section 8 requires that, except for children in conflict with the law under Republic Act No. 9344, the custodian must be qualified.
Section 8(a) requires the custodian to be a person of good repute and probity.
Section 8(b) requires the custodian to be a resident of the barangay where the applicant resides.
Section 8(c) prohibits the custodian from being a relative within the fourth degree of consanguinity or affinity of the applicant.
Section 8(d) requires the custodian to belong to any of the following sectors or institutions: church, academe, social welfare, health sector, cause-oriented groups, charitable organizations, or organizations engaged in rehabilitation of offenders duly accredited by the local social welfare and development officer.
Section 8 provides that if no person in the applicant’s barangay belongs to the listed sectors or institutions, the custodian may be chosen from qualified residents of the city or municipality where the applicant resides.

Custodian duties and penalties

Section 9 requires the custodian to guarantee the appearance of the accused whenever required by the court.
Section 9 requires the custodian to execute an undertaking before the court to produce the accused whenever required, and states that the undertaking is part of the recognizance application.
Section 9 requires the court to notify the custodian within a reasonable period of time whenever the accused’s presence is required.
Section 9 imposes a penalty of six (6) months to two (2) years imprisonment on the custodian who fails to deliver or produce the accused before the court, upon due notice, without justifiable reason.

Probation monitoring and reporting

Section 10 requires that upon release on recognizance, the court must issue an order directing the concerned Probation Office to monitor and evaluate the activities of the person released.
Section 10 requires the Probation Office to submit a written report of findings and recommendations on the person’s activities monthly to determine compliance with release conditions.
Section 10 requires that the prosecution, including the private complainant if any, be given a copy of the report.

Grounds to arrest a released accused

Section 11 requires the court to order the arrest of the accused, placing the accused under detention, when any of the listed circumstances exists.
Section 11(a) requires arrest when the court finds meritorious a manifestation under oath by any person after summary hearing, giving the accused an opportunity to be heard.
Section 11(b) requires arrest when the accused fails to appear at trial or whenever required by the court or any other competent court without justification, despite due notice.
Section 11(c) requires arrest when the accused is the subject of a complaint for another offense involving moral turpitude, and the public prosecutor or mayor recommends arrest to the court.
Section 11(d) requires arrest when it is shown the accused committed harassment such as stalking, intimidating, or otherwise vexing the private complainant, prosecutor, or witnesses.
Section 11 provides that upon issuance of the court’s order, the accused becomes subject of a citizen’s arrest under the Rules of Court.

When recognizance benefits end

Section 12 bars release on recognizance benefits after final judgment or when the accused has started serving the sentence.
Section 12 provides an exception allowing release on recognizance for an accused entitled to Probation Law benefits when the application for probation is made before the convict starts serving the sentence imposed.
Section 12 requires that in the probation-entitled scenario, the court allow release on recognizance to the custody of a qualified member of the barangay, city, or municipality where the accused actually resides.

Administrative and legal effect rules

Section 13 provides a separability clause: if any provision is declared invalid, the remainder of the Act or its application to other persons or circumstances remains effective.
Section 14 provides a repealing clause: all laws, decrees, orders, or parts inconsistent with the Act are deemed repealed or modified accordingly, unless more beneficial to the accused.
Section 15 sets effectivity: Republic Act No. 10389 takes effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) newspapers of general circulation.
Section 15 reflects approval on March 14, 2013 by Benigno S. Aquino III, with passage by the House on December 19, 2012 and by the Senate on December 10, 2012.