THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
*~)L! 
:uL -7 
P I 2 3  
First Regular Session 
) 
Introduced by Senator Pangilinan 
EXPLANATORY NOTE 
Article 111, Section 1, of the Constitution provides that “NO person shall 
be deprived of life, liberty, or property without the due process of law, nor 
shall any person be denied the equal protection of the laws”. 
Likewise, 
Section 14 (2) of the same Article guarantees the rights of the accused and one 
of which is presumption of innocence until the contrary i s  proved. Corollary to 
these rights, Selction 13 of the same Article provides that ” All persons, except 
those charged with offenses punishable by redusion perpetua when evidence 
of guilt is strong, shall before conviction, be bailable by sufficient sureties, or 
be released on recognizance as may be provided by law”. Thus, an accused 
may be released through either financial or non- financial means, i.e., bail or 
recognizance. 
In line with this above-stated policies, there is a need to enact a 
legislative measure to address the problem of overcrowding in jails due to 
imprisonment resulting from failure of most accused to post bail due to 
financial constraints. Only those capable of posting cash or property bond 
through surety companies have the chance to enjoy the privilege temporary 
release before trial. 
First time and youthful offenders are exposed to the 
physical and emotional strains of jail that make rehabilitation harder for them. 
Besides, they are prone to all sorts of abuses including sexual assaults. The 
reported abuses against detainees and chaos inside prison cells may also be 
attributed to this problem. 
Due to this predicament and considering the 
physical condition of our jails especially in Metro Manila, detainees awaiting 
determination of their cases are subjected to physical and mental torture, 
violative of basic human rights. 
This Bill, therefor, seeks to provide for a Pre-Trial Release (PTR) 
programs for all persons arrested and charged with a crime, except those 
charged with heinous crimes. Thus, a Pre-Trial Release Officer shall be created 
under the Department of Justice. The officer shall serve the various courts in 
their jurisdiction. Under the proposed bill, accused eligible to this program 
will be immediately released from detention without bail, upon approval by the 
court of his/her application for PTR, based on the report/ evaluation submitted 
by the Pre-Trial Release Officer. Filling of application for PTR by accused shall 
be accompanied by a written promise that she/he will appear in the court on 
the stated date and time on all proceedings of their cases. Eligibility of the 
accused for PTRR i s  determined whether or not they can be safely released into 
the community and there is an assurance that they will comply with the terms 
and conditions set forth in their release documents. However, accused who 
shall be disqualified from the PTR program can still avail of this right to bail 
under the Constitution. Those who qualify but fail to comply with i t s  terms 


and conditions shall be issued a warrant of arrest and a trial shall be held 
within seventy-two (72) hours after his custody. 
Where the risk i s  not 
imminent, the judge may issue a summon for him to appear in the court in lieu 
of the warrant. Within sixty (60) days upon revocation of the PTR, the accused 
shall be brought to trial or may be released on non- financial conditions. 
The proposed measure will greatly facilitate court proceedings 
considering that it will not interrupt family relations and no work disruption 
will occur, thus, accused is physically, financially, and emotionally prepared 
for his defense. Moreover, substantial cost to defendants and to society due to 
detention prior to trial will be reduced. 
In view the foregoing, early passage of this measure i s  earnestly 
requested. 


THIRTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
Introduced by Senator Pangilinan 
) 
) 
'M 
Mi. -7 p1 :23 
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AN ACT PROVIDING FOR A PRE- TRTIAL RELEASE FOR THE ACCUSED, 
CREATING FOR THE PURPOSE THE PRE-TRIAL RELEASE OFFICE (PTRO), 
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES 
Be enacted by the Senate and the House of Representatives in Congress 
assem bled: 
SECTION 1. Short Title. - This Act shall be known as the "Pre-Trial 
Release Act of 2002". 
SECTION 2. Declaration of Policy. It is hereby declared the policy of the 
State to accord the accused all the rights guaranteed by the Constitution which 
includes presumption of innocence until the contrary i s  proved, the right to due 
process and equal protection of the law. Towards this end, a Pre-Tria( Release 
Program i s  hereby instituted for those who have been charge with a crime, at 
any time prior to conviction. The Program will enable all persons arrested and 
charged with a crime to be released from any detention facility where he is 
confined, based on a written promise to appear in court through frequent 
monitoring by a Pre-Trial Officer assigned to his case in coordination with a 
person known within the community who will ensure that the accused will 
appear in court in lieu of a bail bond to enable him to have access to attorney, 
prepare an adequate defense and be presumed innocent until proven guilty. 
SECTION 3. Definition of Terms - For purposes of this Act, the following 
terms shall be defined as follows: 
a) Pre-Trial Release (PTR) - refers to a cost - efficient program wherein 
the accused released from jail where he i s  confined, without bail; 
b) Pre-Trial Release Accused - a person released from detention through 
Pre- Trial Release; 
c) Pre-Trial Release Officer (PTRO) - a person assigned by the Judge fro 
the PRT Office shall be responsible for gathering and reviewing 
information about 
the accused, 
conduct 
investigation, 
and 
recommend to the court the eligibility of the accused for Pre- Trial 
Release; and 
d) Presiding Judge - makes the final decision on eligibility of the 
accused to avail of the benefits of Pre -trial Release. 
SECTION 4. Pre-Trial Release (PTR) Program. - The Pre-Trial Release 
program, hereinafter referred to as the PTR, i s  a method of releasing an 


accused under Jetention without the bail bond: Provided, however, that there 
shall be a written assurance by the accused of his appearance in subsequent 
court proceedings. 
This program shall be under the jurisdiction of the 
Department of Justice (DOJ) in coordination with the Department of Social 
Welfare and Development (DSWD) and other non- government organizations 
(NGOs) concerned with the rehabilitation and protection of the accused. 
The presiding judge shall assign the case to any PTR Officer assigned in 
the area to conduct an investigation and gathering information on the accused 
-applicant for a period of at least (5) days, and immediately thereafter submit 
a report and recommendation tot eh judge. 
The judge shall evaluate the 
report and recommendation and the issue the corresponding pre - trial release. 
SECTION 5. Purposes and Objectives of Pre-Trial Release - The PTR 
shall have the following purposes and objectives: 
a) Cause the release of a detained person from jail without bail bond or 
upon the favorable recommendation of PTR officer concerned with 
his case in coordination of any known persons in the community who 
will: 
a. Establish the identity of the accused; 
b. Establish community ties of the accused; 
c. Assure the appearance of the accused by releasing the accused 
from hearing of the case; 
b) Reduce overcrowding in jails; 
c) Save the government of expenditures by releasing accused from 
confinement: 
d) Provide speedy and fair release of eligible accused from custody; 
e) Reduce family and employment disruptions; 
f) Increase tax revenue for the government with accused continued 
employment; and 
g) Provide cost-efficient mechanism fro release of accused from jail. 
SECTION 6 .  Creation of the Pre-Trial Refease Officer (PTRO). - There 
shall be created a Pre- Trial Release Officer under the Department of Justice, 
hereinafter referred to as PTRO, which shall exercise general supervision over 
all persons arrested and charged with all crimes except heinous crimes. 
The PTRTO shall have such staff operating units and personnel necessary 
for the proper performance of i t s  duties and functions. 
SECTION 7. Composition of the PTRO. The PTRO shall be headed by 
the Executive Director who shall be appointed by the President of the 


Philippines. He shall hold office during good behavior unless sooner removed by 
the President for just cause. 
I 
The Executive Director shall receive an annual salary of at least Four 
Hundred Twenty Thousand Pesos (P20,OOO.OO). He shall have the following 
powers and funckions: 
a) Act as the Executive officer of the PTRO; 
b) Exercise supervision and control over all PTROs nationwide; 
c) Submit semi- annual reports to the Secretary of Justice concerning 
the operation, administration and improvement of the PTR office; 
d) Promulgate the necessary rules relative to the methods and 
procedures of the PTRO; 
e) Recommended to the Secretary of Justice the appointment of the 
subordinate personnel of the PTR office; and 
f )  Perform such other duties and responsibilities as may be necessary to 
attain i t s  objectives. 
SECTION 8. The Deputy Executive Directors. - There shall be three (3) 
Deputy Executive Directors, one for each island of Luzon, Visayas and 
Mindanao. They shall assist the Executive Director and perform such duties as 
may be assigned to them by the latter as may be provided by law. They shall 
likewise be appointed by the President of the Philippines and shall receive an 
annual salary of at least Three Hundred Eighty Four Thousand Pesos 
(P384,OOO.OO). 
SECTION 9. Qualifications of the Executive Director and the Deputy 
Executive Directors. - To be eligible for appointment as Executive Director or 
Deputy Executive Director, he must possess the following qualifications: 
a) Must be at least 35 years of age; 
b) Must be of proven competence, probity and good health; 
c) Holder of a master’s degree, or i t s  equivalent or must have 
accomplished all the academic requirements of a master’s degree in 
social’ work, 
psychology, 
sociology, 
public 
administration, 
criminology, political science, education or other related fields; and 
d) At least five (5) years of supervisory experience. 
SECTION 10. Regional, Provincial and City PTR Officers. - The PTRO 
shall have regional, provincial, and city offices organized in accordance with i t s  
organizational plan and who shall be appointed by the Secretary of Justice 
upon recommendation of the Executive Director and inn accordance with Civil 
Service rules ands regulations. 


The regional offices shall be headed by a Regional PTR officer and shall 
exercise supervision and control overall PRT officers within i t s  jurisdiction and 
such duties as may be assigned to him by the Executive Director. He shall have 
an annual salary of at least Three Hundred Sixty Thousand (P360,OOO.OO). 
He shall, whenever necessary, be assisted by an assistant Regional PTR 
officer and shall have an annual salary of Three Hundred Thousand Pesos 
(300,000.00). 
I 
There shaN be at least three (3) PTR officers in every province and city 
who shall be appointed by the Secretary of Justice upon recommendation of 
the Executive Director and in accordance with the Civil Service rules and 
regulations. 
The Provincial or City PTR officers shall receive an annual salary of Two 
Hundred Seventy Six Thousand Pesos (P276,OOO.OO) and Two Hundred Sixty Two 
Thousand Pesos (P262,000.00), respectively, and shall have the following 
functions: 
a) Investigate all persons referred to them for investigation by the 
court. 
b) Inform the persons availing of the conduct and conditions of the PTR 
program; 
c) Keep themselves informed of the conduct and condition of persons 
availing of the PTR program under their care and use all suitable 
means to bring improvement in their conduct; 
d) Maintain a detailed record of persons under their care; 
e) Prepare a list of qualified persons from the DEWD or any NGO of the 
province or city to assist in monitoring the activities of persons under 
the PTR program; 
f) Exercise supervision and control over all field assistants, and other 
personnel; and 
g) Perform such other duties as may be assigned by the Executive 
Director through the Regional Director. 
SECTION 1 1. Qualifications of Regional, Assistant Regional, Provincial 
and City PTR Officers. - No person shall be appointed Regional or Assistant 
Regional or Provincial or City PTR Officer unless he possess any of the following 
qualifications: 
a) holder of a bachelor’s degree (with a master’s degree fro Regional 
and Assistant Provincial PTR Officer) major in political science, social 
work, sociology, psychology, criminology, or other related fields; 
b) at least three (3) years of experience in work requiring any of the 
above mentioned related courses; and 
c) preferably a resident of the region, province or city , as the case may 
be where he shall be appointed. 


Moreover, the provincial or city PTR officers shall be assisted by field 
assistants and subordinate personnel as may be necessary to enable them to 
perform their duties and efficiently and effectively. 
SECTION 12. Organization. - Within twelve (12) months from the 
approval of this Decree, the Secretary of Justice shall organize the 
administrative structure of the PTR Officer including the staffing patterns of 
the regional, provincial and city PTR offices with the end in view of achieving 
the goals and objectives of the PTR program. 
SECTION ~13. Application for Grant of the Benefit of the PTR program. 
- Upon detention or before his arraignment in court, the accused shall file a 
written application fro PTR with the court where his case is filed through his 
counsel stating ~ his personal circumstances, which include the following: a) 
he/she i s  a Filipino citizen and a resident in the country for at least six (6) 
months with a verifiable address and references; b) not a flight risks nor a 
danger to the community; c) not charged of any heinous crime; and d) that 
more than five (5) years has lapsed since his last conviction or release from 
imprisonment of said offense. 
Provided further, That during the five (5) years, he has shown 'good 
behavioral record has an excellent favorable written recommendation from the 
PTR officer handling his case. Provided, furthermore, That in case the accused 
is still to be arraigned but is already in detention, he can still avail of said 
privilege. 
SECTION 14. PTR Application Endorsed to Pre-Trial Release Officer by 
the Court. - Upon receipt of the PTR application, the court shall designate a 
Pre-Trial Officer to investigate the accused- applicant and submit a report to 
the requesting court within three (3) days from receipt thereof. 
SECTION 15. Conditions of Release Under Pre- Trial Release Program. 
- The PTR Officer shall monitor the accused under PTR program who shall be 
required to comply with any of the following conditions, at the discretion of 
the court: 
a) Report every week in person to the court; 
b) Inform the PTR office in writing of any change in the information 
written on his/her application such as the name, phone number, 
address, job status or whenever he/she goes out of town; 
c) Hire an attorney to represent him in court; 
d) Appear in court on the date and time the trial is set; 
e) Submit for alcohol/drug testing, when requested; 
f) Participate in alcohol or drug abuse treatment program, if requested; 
g) Observe a curfew set by the court; 
h) Enroll br maintain enroilment in an educational program; 
I 


i) Seek or maintain employment; 
j) Participate in social services or render community service or render 
community service at least once a week; 
k) Must not be in possession of firearms or other deadly weapons during 
the released period; 
I) Notify the PTR office once the case is dismissed by the court; 
m) Refrain from any other unlawful conduct or criminal activity; and 
n) Avoid all contact with an alleged victim of the crime and with a 
potential witness who may testify concerning the offense. 
The court shall order the termination of the PTR of any accused when 
the accused violates any of the terms and conditions of the PTR. 
SECTION1 16. Submission of the List of Accused Under PTR to the 
Department of 'Justice by the Pre- Trial Release Officers. - The PTR'Officers 
concerned shall submit the l i s t  of accused availing to the person pf the 
program to the/Department of justice (DOJ) through the court, not later than 
sixty (60) days for reference purposes. 
SECTION 17. Confidentiality of Records of PTR Applicants. - The 
records of those accused under PTR shall not be disclosed directly or indirectly 
to anyone other than the PTR Officer or he court concerned, except that the 
courts in i t s  discretion, permit any accused or his lawyer to inspect the 
aforementioned documents or parts thereof whenever the best interest of the 
accused makes such disclosure helpful: Provided, however, That any 
government agency engaged in the correction or rehabilitation of offenders 
may obtain said documents for i t s  official use or reference. 
SECTION 18. Failure to Comply with Condition of Release. - Upon a 
verified application by the PTR Officer showing that a condition of release has 
been violated, or the continued liberty of the person will pose a serious threat 
to another person, or will result in flight from prosecution, and such other 
violations, the court may issue a warrant for the arrest of the person without 
hearing but for said hearing to be held within seventy two (72) hours after his 
custody. In situations where the risk is not imminent, the judge shall issue a 
summon for the person to appear, in lieu of the warrant. Any person whose 
release has been revoked should be afforded the safeguards so provided for 
those detained under the provisions of the Rules of Court and the Constitution. 
He shall be brought to trial within sixty (60) days of the revocation or again be 
released on non-financial conditions based on the offense committed. 
However, the court must be informed in writing by the PTR officer of 
any violation of the conditions by the person under the PTR program, and for 
the latter to be given the opportunity to answer said allegations. 
SEC. 19. Penalties. - Any willful violation of the provisions of this Act 
shall be punished by imprisonment of not less than six years or a fine of not 
less than One Hundred Thousand Pesos (PlOOO,OOO.OO) 
or both, at the 
discretion of the court. If he offender i s  a government officer or employee, the 
penalty to be imposed shall be imprisonment of not less than ten ( I O )  years or 


fine of not less than two Hundred Thousand Pesos (P200,OOO.OO) or both, at the 
discretion of the court. 
SEC. 20. Implementing Rules and Regulations. -Within thirty (30) days 
from the effectivity of this Act, the Department of Justice, in coordination with 
the Probation Administration and Parole, and other concerned agencies, shall 
promulgate the rules and regulations to effectively implement the provisions of 
this Act. 
SEC. 21, Appropriations. - There is hereby authorized the appropriation 
of the sum of Fifty Million (P50,OOO.OO) in the General Appropriations Act to 
effectively carry out the purpose of this Act. Thereafter, said amount shall be 
included in the annual appropriations of the national government. 
SEC. 22. Separability Clause. - If any provision or section of this Act or 
the application to any person or circumstance is held to be invalid, the other 
provisions or sections of this Act, and the application of such provision or 
section to other persons or circumstances, shall not be affected thereby. 
SEC. 23. Repealing Clause. - All laws, decrees, executive orders, rules 
and regulation or parts thereof, and other similar laws inconsistent with this 
Act, are hereby repealed, amended modified accordingly. 
SEC. 24.~ 
Effectivity. - This Act shall take effect fifteen (15) days after 
i t s  complete publication in the Officer Gazette or in at least two (2) national 
newspapers of general circulation. 
I 
Approved,