Repubtic cf the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS

Second Regular Session

“148d
FO OCT 2011

Submitted by the Committee on Justice on

COMMITTEE REPORT NO.

Re: House BillNo.__5395

Recommending its approval in substitution of House Bill Nos. 180, 2414 and
3145

Sponsors: Representatives Niel C. Tupas, Jr.. Gilbert Ff. Violago, Rodolfo C.
Farifias, Teodoro A. Casifio. Neri Colmenares, Luzviminda C.
llagan, Rafael V. Mariano. Raymond V Palatino, Emerenciana A.
De Jesus and Antonio L. Tinio

Mr. Speaker

The Committee on Justice to which were referred House Bill No. 180
introduced by Representative Gilbert F Violago. entitled

“AN ACT
EXEMPTING POOR LITIGANTS FROM POSTING BAIL WHEN
CHARGED WITH NON-CAPITAL OFFENSES FOR THE FIRST
TIME AND FOR OTHER PURPOSES”

House Bill No. 2414, introduced by Representative Rodolfo C. Farias, entitled

“AN ACT
INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF
GRANTING THE RELEASE OF AN INDIGENT PERSON IN
CUSTODY AS AN ACCUSED iN A CRIMINAL CASE AND FOR
OTHER PURPOSES"

and House Bill No, 3145, introduced by Representative Teddy A. Casino
entitled


“AN ACT
PROVIDING FOR A SYSTEM OF RECOGNIZANCE AS A MODE
OF OBTAINING RELEASE FROM DETENTION,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER

PURPOSES”

has considered the same and recommends that the attached House Bill No.

5395. entitled

“AN ACT
INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF
GRANTING THE RELEASE OF AN INDIGENT PERSON IN
CUSTODY AS AN ACCUSED IN A CRIMINAL CASE AND FOR
OTHER PURPOSES”

be anproved in substitution of House Bilh Nos. 180, 2414 and 3145 with
Representatives Rodolfo C. Farifias, Joseph Gilbert F. Violago, Teddy A. Casino,
Niel ©. Tupas, Jr. Neri Colmenares, Luzviminda C. ‘lagan, Rafael V. Mariano,
Raymond V. Palatino, Emerenciana A. De Jesus, Antonio L. Tinio, Jeffrey P.
Ferrer. Orlando B. Fua. george P. Arnaiz and Karlo Alexi 8. Nograles as authors
thereof.

Respectfully submitted,

Chairman
Committee on Justice

The Honorable Speaker
House of Representatives
Quezon City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

5395

HOUSE BILL NO. ___

Introduced by Representatives Rodolfo C. Farifias, Joseph Gilbert F. Violago,
Teodoro A. Casifio, Niel C. Tupas, Jr., Neri J. Colmenares, Luzviminda C. Tagan,
Rafael V. Mariano, Raymond V. Palatino, Emerenciana A. De Jesus, and Antonio
I. Tinio, Jeffrey P. Ferrer, Orlando B. Fua, George P. Arnaiz and Karlo Alexei B.
Nograles

AN ACT
INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF GRANTING
THE RELEASE OF AN INDIGENT PERSON IN CUSTODY AS AN
ACCUSED IN A CRIMINAL CASE AND FOR OTHER PURPOSES

Be if enacted by the Senate and House of Representatives of the Republic of the
Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Recognizance
Act of 2011."

SFC. 2, Statement of Policy. - It is the declared policy of the State to
promote social justice in all phases of national development, including the
promotion of restorative justice as a means te address the problems confronting
the criminal justice system such as protracted trials, prolonged resolution of
cases, lack of legal representation, lack of judges, inability to post bail bond,
congestion in jails, and lack of opportunity to reform and rehabilitate offenders.

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In consonance with the principle of presumption of innocence, the 1987
Philippine Constitution recognizes and guarantees the right to bail or tc be
released on recognizance as may be provided by law. In furtherance of this
polic,. the right of persons, except those charged with crimes punishable by
death, reclusion perpetua, or life imprisonment, to be released on recognizance
before conviction by the Regional Trial Court, irrespective of whether the case
was originally filed in or appealed to it, upon compliance with the requirements

of this Act, is hereby affirmed, recognized, and guaranteed.

SEC. 3. Recognizance Defined. - Recognizance is a mode of securing the
release of any person in custody or detention for the commission of an offense
who 's unable to post bail due to abject poverty. The court where the case of such
person has been filed shall allow the release of the accused on recognizance as
provided herein, to the custody of a qualified member of the barangay, city or

municipality where the accused resides.

SEC. 4. Release on recognizance as a matter of right guaranteed by the
Constitution. - The release on recognizance of any person in custody or
detention for the commission of an offense is a matter of right when the offense is
not punishable by death, reciusion perpetua, or life imprisonment: Provided, That

the accused or any person on behalf of the accused files the application for such:


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a) Before or after conviction by the Metropo.itan Trial Court, Municipal Tzia*
Court, Municipal Trial Court in Cities, and Municipal Cizcuit Trial Court,

b) Before conviction by the Regional Trial Court;

Provided, further, That 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 the person’s recognizance:

SEC. 5. Requirements. - The competent court where a criminal case hes

been filed against a person covered under this Act shall, upon motion, order the
release of the detained person on recognizance «0 a qualified custodian: Provided,

That all of the following requirements are complied with:

a) a sworn declaration by the person in custody of “is
indigency or incapacity either to post a cash bail or _profer any personal
or real property acceptable as su‘ficient sureties for 2 bail bond;

b) a certification issueé by the head of the social welfare end
development office of the municipality or city where the accused actua.ly
resides, that the accused is indigent;

c) _ the person in custody has been arraigned;

a) The court has notified the city or murécipal Saxggw-2n
where the accused resides of the application for recognizance. The

Sanggunian shall act on the request for comments or opposition to che

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application within ten (10) days from receipt of the notice. The action of

the Sanggunian shall be in the form of a resolution, and shall be duly

approved by the mayor, and subject to the following conditions:

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Any motion for the adoption of a resolution for the purpose
of this Act duly made before the Sanggunian shall be
considered as an urgent matter and shall take precedence
over any other business thereof: Provided, That a special
session may be called. to consider such proposed resolution;
The presiding officer of the Sanggunian shall ensure that its
secretary shall submit any resolution adopted under this Act
within twenty-four (24) hours from its passage to the mayor
who shall act on it within the same period of time from
receipt thereof;

If the mayor or any person acting as such pursuant to law
fails to act on the said resolution within twenty-four (24)
hours from receipt thereof, the same shall be deemed te have
been acted upon favorably by the mayor;

If the mayor or any person acting as such pursuant to law
disapproves the resolution, the resolution shali be returned
the same within twenty-four (24) hours from disepproval
thereof to the sanggunian presiding officer or secretary who

shall be responsible in informing every member thereof that

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the sanggunian shall meet in special session within twenty-
four (24) hours from receipt of the veto for the sole purpose
of considering to override the veto made by the mayor;

For the purpose of this Act, the resolution of the
sunggunian of the municipality or component city shall be
considered final and not subject to the review of the
Sangguniang Panialawigan, a copy of which shall be
forwarded to the trial court within three (3) days from date

of resolution.

©) The accused shall be properly documented, through such
Processes as, but not limited to, photographic image reproduction of all
sides of the face and fingerprinting: Provided, That the costs involved for
the purpose of this sub-section shall be shouldered by the municipality or
city that sought the release of the accused as provided herein, chargeable
to the mandatory five percent (5%) calamity fund in its budget or to any
other available fund in its treasury;

p The court shall notify the public prosecutor of the date of

hearing therefor within twenty

four (24) hours from the filing of the
application for release on recognizance in favor of the accused: Provided,
That such hearing shall be held not earlier than twenty-four (24) hours nor

later than forty-eight (48) hours from the receipt of notice by the


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prosecutor: Provided, further, That during said hearing, the prosecutor shall
be ready to submit the recommendations regarding the application rade

under this Act, wherein no motion for postponement shall be entertained.

SEC. 6, Disqualifications for Release on Recoguizance. ~ Any of the
following circumstances shall be a valid ground for the court to disqualify an
accused from availing of the benefits provided herein:

a) The accused had made untruthful statements in his sworn affidavit
prescribed under Section 5 (a);

b) The accused is a recidivist, quasi-recidivist, habitual delinquent, or has
committed a crime aggravated by the circumstance of reiteration;

©) The accused had been found to have previously escaped from lega
confinement, evaded sentence or has violated the conditions of bail or release or:
recognizance without valid justification;

d) The accused had previously committed a crime while on probation,
parole, or under conditional pardon;

¢) The personal circumstances of the accused or nature of the facts
surrounding his case indicate the probability of flight if released on
recognizance; or

f) There is a great risk that the accused may commit another crime during

the pendency of the case.


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SEC, 7. Qualifications of the Custodian of the Person Released on
Recognizance. - The custodian of the person released on recognizance must have
the following qualifications

a) A person of good repute and probity:

b) A resident of the barangay where the applicant resides;

c} Must not be a relative of the applicant within the fourth degree of
consanguinity or affinity; and

d) Must belong to any of the following sectors and institutions: church,
academe, social welfare, health sector, cause-oriented groups. ctaritabie
organizations, or organizations engaged in the rehabilitation of offenders

If no person in the barangay where the applicant resides belongs to any of
che sectors and institutions listed under paragraph (6) above, the custodian of
the person released on recognizance may be fom the qualified residents of the

city or municipality where the applicant resides

SEC. 8. Role of the Probation Officer. - Upon release of the person on

recognizance to the custodian, the court snall issue an order directing the

Probation Office concerned to monitor and evaluate the activities of suca perso

The Probation Office concerned shall submit a written report containing. its

findings and recommendation on the activities of the person relzasec on

recognizance on a monthly basis to determine whether or not the condition:


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his release have been complicd with. ‘The prosecution including the private

complainant, if any, shall be given a copy of such report

SEC. 9. Arrest of a person released on recognizance. ~ The cour: sha
order the arrest of the accused, who shall forthwith be piaced under detention.
due to any of the following circumstances:

a) If it finds meritorious a manifestation made under oath by ary persor.
after a summary hearing, giving the accused an opportunity to be heard;
b) If the accused fails to appear at the trial or whenever required by the

above-mentioned court or any other competent court without justificatic

despite due notice;
©) If the accused is the subject of a complaint for the commission of another
offense involving mozal turpitude and the public prosecutor or the mayor
in the area where the offense is committed recommends the arrest to the

court; or

d) If it is shown that the accused committed an act of harassment, such as but

not limited to stalking, intimidating or otherwise vexing prh
complainant, prosecutor, or witnesses ir the case pending against the

accused.

Provided, That upon the issuance by the court of such order. the ace
shall likewise become the proper subject of a citizen’s arrest pursuant te the

Rules of Court.


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SEC. 10. No release on recognizance aftér final judgment or
commencement of sentence; exception, ~ The benefits provided under this Act
shall not be allowed in favor of an accused after the judgment has become Znal
or when: the accused has started serving the sentence: Provided, That this
Prohibition shall not apply to an accused whe is entitled to the benefits of the
Probation Law if the application for probation is made before the convict starts
serving the sentence imposed, in which case, the court shall allow the release on
Tecognizance of the convict to the custody of a qualified member of the barangay,
Gity or municipality where the accused actually resides,

SEC. 11. Separability Clause. - f any provision of this Act or the
application of such provision to any person or circumstance is declared invalid,
the remainder of the Act or the application of such provision to other persons or

circumstances shall not be affected by such declaration.

SEC. 12 Repealing Clause. Ail laws, decrees and orders or parts thervof
inconsistent herewith are deemed repealed or modified accordingly, uniess the

same are more beneficial to the accused,

SEC. 13. Effectivity. ~This Act shall take effect fifteen (15) days after its
Publication in at least two (2) newspapers of general circulation.

Approved,


FACT SHEET

House Bill Nos. 180, 2414 & 3145
(Approved by the Committee — June 8, 201 1)

AN ACT INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF
GRANTING THE RELEASE OF AN INDIGENT PERSON IN
CUSTODY AS AN ACCUSED IN A CRIMINAL CASE AND FOR
OTHER PURPOSES

introduced by: REPS, JOSEPH GILBERT F. VOLAGO, RODOLFO C. FARINAS, TEDDY A
CASINO, NER! JAVIER COLMENARES, LUZVIMINDA C. ILAGAN, RAFAEL V. MARIANO,
RAYMOND V, PALATINO, EMERENCIANA A, DE JESUS and ANTONIO L. TINIO

Committee Referral. Committee on Justice
Committee Chairperson’ Hon. NIEL C. TUPAS, JR.

OBJECTIVES:

* To create an enabling law for the full implementation of release on
recognizance as an instrument for temporary release of indigent persons in
custody who cannot afford to post bail

+» To promote the principie of restorative justice especially among poor
litigants who have yet to be convicted but are detained due to their inabilizy
to post bail

KEY PROVISIONS:

* The bills allow the release of any person in custody or detention charged
with an offense.
© HB 180 allows recognizance for crimes punishable by not more than
six (6) years imprisonment
o HB 2414 and 3145 allows recognizance for crimes not punishatle
by death, reciusion perpetua, and life imprisonment

= Certain requiements must ne met before a detained person may be
released on recognizance.
c HB 180 merely requires that a person be poor and charged with a
crime for the first time.
2 HB 2414 requires certifications from the barangay chairman and
head of social welfare and development office, as well as a
resolution adopted by the Sangguniang Bayan/Panlungsod du’y
approved by the Mayor


> HB 3125 requires the affidavits of two (2) persons of good repute
and probity, and a report or recommendation from the
Recognizance Field Office.

« Upon release on recognizance. the accused must comply with certain
conditions which, when violated wit result in his immediate arrest.

« HB 3145 provides for the creation of the Office of the Deputy Administrator
for Recognizance, the Recognizance Office in the Parole and Probation
Administration Central Office and in every Regional Office thereof, the
Recognizance Filed Office, and the Provincial and City Chief
Recognizance Officers.

RELATED LAWS:

» Sec. 13 Art. ill, 1987 Constitution

« Sections 15 and 16, Rule 114 of the Rules on Criminal Procedure (2000)

* Republic Act No. 6036, An Act Providing That Sail Shall Not, With Certain
Exceptions, Be Required In Cases Of Violations Of Municipal Or City
Ordinances And in Criminal Offenses When The Prescribed Penalty For
Such Offenses Is Not Higher Than Arresto Mayor And/Or A Fine Of Two
Thousand Pesos Or Both

+ Revised Rules on Summary Procedure