Law Summary
Statement of Policy
- Promotes social and restorative justice in the criminal justice system.
- Addresses court delays, lack of legal representation, bail difficulties, jail congestion, and rehabilitation opportunities.
- Upholds presumption of innocence and constitutional right to bail or recognizance.
- Guarantees release on recognizance for persons, except those charged with capital or life imprisonment crimes, by the Regional Trial Court upon meeting requirements.
Recognizance Defined
- Recognizance is a procedure allowing release of indigent detainees who cannot post bail.
- Release is to qualified custodians from the barangay, city, or municipality of the accused.
Duty of the Courts
- Courts exercise discretion to determine indigency beyond strict salary/property criteria.
- Consider support obligations and financial incapacity of the accused.
- Aim to cover marginalized and poor sectors.
Release on Recognizance as a Matter of Right
- Release on recognizance is a constitutional right when the crime is not punishable by death, reclusion perpetua, or life imprisonment.
- Applications may be filed before or after conviction in lower courts and before conviction in Regional Trial Courts.
- Detained persons eligible after serving minimum penalty period without sentence modifications.
Requirements for Release
- Sworn declaration of indigency by the accused.
- Certification of indigency from local social welfare office.
- Arraignment of the accused.
- Notification to the local sanggunian for resolution and custodian recommendations.
- Proper documentation of accused including photo and fingerprints, at municipality/city expense.
- Prompt notification and hearing for prosecutor's recommendations without postponements.
Grounds for Disqualification
- False statements by accused.
- Recidivism, habitual delinquency, or similar criminal history.
- Previous escape, sentence evasion, or bail violations.
- Previous crimes during probation, parole, or conditional pardon.
- Flight risk or high probability of committing further crimes.
- Pending related criminal case with equal or higher penalties.
Qualifications of Custodian
- Must be reputable and reside in accused's barangay.
- Not related within fourth degree of consanguinity or affinity.
- Member of accredited sectors such as church, academe, social welfare, health, or charitable organizations.
- Custodian may be selected from city/municipality if none qualify in barangay.
Duties of Custodian
- Guarantee accused’s court appearances.
- Execute an undertaking as part of recognizance application.
- Must comply with court notifications promptly.
- Penalty of 6 months to 2 years imprisonment for failure without valid reason.
Role of Probation Officer
- Monitor and evaluate the accused’s activities post-release.
- Submit monthly reports with findings and recommendations to court, prosecution, and private complainants.
Arrest Provisions After Release
- Court may order immediate arrest upon meritorious sworn manifestations.
- Arrest if accused fails to appear at court hearings without justification.
- Arrest upon recommendation for new offenses involving moral turpitude.
- Arrest if accused commits harassment against complainants, prosecutors, or witnesses.
Non-Applicability After Final Judgment
- No release on recognizance after final judgement or commencement of sentence.
- Exception applies for probation entitlements if applied before sentence service begins.
Separability Clause
- Invalidity of one provision does not affect the remainder of the law.
Repealing Clause
- Inconsistent laws, decrees, or orders are repealed or modified unless more beneficial to accused.
Effectivity
- Effective fifteen days after publication in Official Gazette or two newspapers of general circulation.