Law Summary
Statement of Policy
- Promotes social justice and restorative justice in the criminal justice system.
- Aims to address issues like prolonged trials, lack of legal aid, jail congestion, and rehabilitation opportunities.
- Upholds the presumption of innocence and constitutional right to bail or recognizance.
- Guarantees release on recognizance for persons charged with offenses not punishable by death, reclusion perpetua, or life imprisonment before conviction by the Regional Trial Court.
Recognizance Defined
- Recognizance is a method for releasing indigent persons in custody who cannot post bail.
- Release is granted by the court to the custody of a qualified community member where the accused resides.
Duty of the Courts
- Courts have discretion to determine indigency beyond strict salary and property criteria.
- Courts consider the accused’s capacity to support dependents and other financial incapacity factors.
- Ensures inclusion of marginalized and poor individuals under the law’s coverage.
Release on Recognizance as a Constitutional Right
- Release on recognizance is a matter of right for eligible accused persons.
- Application can be filed before or after conviction in lower courts and before conviction in Regional Trial Courts.
- Accused detained beyond the minimum principal penalty period must be released on recognizance.
Requirements for Release
- Motion filed in competent court for release to a qualified custodian.
- Must submit sworn declaration of indigency.
- Certification by local social welfare officer confirming indigency.
- Accused must be arraigned.
- Notification and resolution by city or municipal sanggunian within ten days on recognizance application.
- Proper documentation including photographs and fingerprints, funded by local government.
- Public prosecutor must be notified and hearings held within specified time frames without postponement.
Disqualifications from Recognizance
- False statements in affidavit.
- Recidivism, habitual delinquency, or crime aggravation due to reiteration.
- Prior escape from confinement or bail violations.
- Commission of a crime while on probation, parole, or conditional pardon.
- Risk of flight or potential commission of another crime.
- Pending criminal case with equal or higher penalty.
Qualifications of the Custodian
- Must be of good reputation and a resident of the accused’s barangay.
- Cannot be related to the accused within the fourth degree.
- Must belong to accredited organizations like church, academe, social welfare, health sector, or cause-oriented groups.
- If none available in barangay, custodian may come from city or municipality residents.
Duties of the Custodian
- Guarantee the accused’s appearance in court when required.
- Execute an undertaking before the court to produce the accused.
- Court must notify custodian in a timely manner.
- Custodian faces imprisonment of six months to two years if failing to produce the accused without justifiable reason.
Role of the Probation Officer
- Monitor and evaluate activities of the released person.
- Submit monthly written reports to the court and share findings with prosecution and private complainant.
Arrest of Persons Released on Recognizance
- Court may order arrest upon meritorious sworn complaint after summary hearing.
- Arrest if accused fails to appear without justification.
- Arrest upon complaint for another offense involving moral turpitude.
- Arrest if accused harasses complainant, prosecutor or witnesses.
- Accused may be subject to citizen’s arrest pursuant to court rules.
Limitations on Release After Final Judgment or Sentence Commencement
- No recognizance after judgment finality or sentence start, except for probation applications filed before sentence.
- Probation-eligible convicts may be released to qualified custodian prior to sentence serving.
Separability Clause
- Invalidity of any provision or its application does not affect the remainder of the Act.
Repealing Clause
- Laws inconsistent with this Act are repealed or modified unless more beneficial to the accused.
Effectivity
- The Act takes effect 15 days after publication in the Official Gazette or two newspapers of general circulation.