Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH (15™) CONGRESS
FIRST REGULAR SESSION

House ButNo._ 2414

INTRODUCED BY RODOLFO C. FARINAS:

EXPLANATORY NOTE:

This is a Bill institutionalizing in our judicial system “liberty on
recognizance,” or the release of a person charged for a criminal offense, before
conviction, and who does not have the means to put up sufficient bond or
securities to avail of the constitutional right to bail. It seeks to establish a missing
but vital component of our judicial system by allowing the depressed sector of our
society to be equal with all others in terms of enjoying liberty while the State
proves their guilt in the commission of an offense.

The Bill of Rights of our Constitution guarantees that —

Sec. 13. All persons, except those charged with offenses
punishable ‘by reclusion 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. The right to
bail shall not be impaired even when the privilege of the writ of
habeas corpus is suspended. Excessive bail shall not be required.
(Article I)

Unfortunately, there are a great number of persons who have the right to
bail but end up being deprived of this basic constitutional right and are detained
during trial simply because they do not have the financial means to post the bail
required by law.

This is a classic case of injustice that victimizes only the poor and smacks
of the social justice mandate of our Constitution.

It is, therefore, the noble purpose of this Bill to give the poor “more of the
law,” by affording them right to be released on recognizance while their cases are
pending in court.

The Bill provides for the participation of duly elected local officials, in

collaboration with the Department of Social Welfare and Development (DSWD),
to ensure that a beneficiary of the proposed law does not have the financial

capacity to post bail by sufficient securities.
ae
Rep. Rgpou FARINAS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH (15) CONGRESS.
First REGULAR SESSION

House ButNo.__ 2414

INTRODUCED BY RODOLFO C. FARINAS

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 it enacted by the Senate and the House of Representatives in Congress

assembled:

Section 1. Recognizance defined. — Recognizance is a mode of
securing the release of any person in custody or detention for the commission of
an offense but is 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 responsible member of the

city or municipality where the accused resides.

Section 2. 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, reclusion perpetua or life imprisonment: Provided,
that the accused or any person on his behalf files the application for such:

a) __ Before or after conviction by the Metropolitan Trial Court, Municipal

Trial Court in Cities, Municipal Trial Court and Municipal Circuit
Trial Court; or

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 his own recognizance.

Section 3. Requirements. — The competent court where a criminal

case has been filed against a person covered under the two preceding sections

shall order the release of the detained person on recognizance: Provided, that all

of the following requirements are complied with:

a)

b)

©)

dq)

The person in custody declares under oath that he is indigent and

does not have the financial capacity to post a cash bail nor is he the

owner of any property acceptable as sufficient sureties for a bail
bond;

A certification issued by the chairman of the barangay where the

accused actually resides, attesting to the truthfulness of the

contents of the application filed by the accused;

A certification issued by the head of the social welfare and

development office of the municipality or city where the accused

actually resides, that the accused is indigent;

A resolution adopted by the sanggunian of the city or municipality

where the accused actually resides, duly approved by the mayor,

recommending the release from custody of the accused, subject to
the following conditions and notwithstanding any existing provision
of the law to the contrary:

i) 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;


e)

ii)

ii)

iv)

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 his receipt thereof, the same shall be deemed to
have been acted favorably upon by the mayor;

If the mayor or any person acting as such pursuant to law
disapproves the resolution, he shall return the same within
twenty-four (24) hours from his disapproval thereof to the
sanggunian presiding officer or secretary who shall be
responsible in informing every member thereof that 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 sanggunian

of the municipality or component city shall be considered final and

not subject to the review of the Sangguniang Panlalawigan

The accused shall be properly documented, such as but not limited

to, taking passport size photographs of his face and both sides

thereof, and undergoing fingerprinting process: Provided, that the

costs involved for the purpose of this sub-section shall be

shouldered by the municipality or city that adopted a resolution for

the release of the accused, chargeable to the mandatory five

percent (5%) calamity fund in its budget or to any other available

fund in its treasury;


The court shall notify the public prosecutor within twenty-four (24)
hours from the filing of the application for release on recognizance
in favor of the accused the date of hearing thereof: Provided, that
such hearing shall be held not earlier than twenty-four (24) hours
nor later than forty-eight (48) hours from the receipt thereof by the
prosecutor: Provided, further, that during said hearing, the
prosecutor shall be ready to submit his recommendations regarding
the application made under this law wherein no motions for

postponements shall be entertained

Section 4. Assistance of non-government and private organizations. - If

the sanggunian fails to override the veto of the mayor as provided in the

preceding section, the presiding officer thereof shall transmit the same to the

heads of all the private and non-government organizations duly accredited by the

sanggunian pursuant to Section 109, Republic Act No. 7160, which may consider

putting up the bail bond of the applicant pursuant to their existing community or

outreach programs;

Section 5. — Disqualifications. — 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)

b)

c)

Making of any untruthful statement by the accused in the sworn
statement required under Section 2 (a);

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

The accused is found to have previously escaped from legal
confinement, evaded sentence or has violated the conditions of his

bail or release on recognizance without valid justification;


4)

e)

The accused committed the offense 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

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

during the pendency of his case.

Section 6. Arrest of a person released on recognizance. — The court

shall order the arrest of the accused, and forthwith, placed under detention,

under any of the following circumstances:

a)

b)

c)

dq)

If it finds meritorious after a summary hearing giving the accused
an opportunity to be heard, upon a manifestation made under oath
by any person.

Upon the failure of the accused to appear at the trial or whenever
required by the above-mentioned court or any other competent
court without justification despite due notice;

If the accused is the subject of a complaint for the commission of
another offense involving moral turpitude and the public prosecutor
or the mayor where the offense is committed recommends to the
court for his arrest; or

If it is shown that the accused committed any act of harassment,
such as but not limited to stalking, intimidating onoIeRNaS vexing
the private complainant, any prosecutor or witness in the case

pending against the accused

Provided, that upon the issuance by the court of such order, the accused

shall likewise become the proper subject of a citizen's arrest pursuant to the

Rules of Court.


Section7. No release on recognizance after 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 final
or when the accused has started serving the sentence: Provided, that this
prohibition shall not apply to an accused who 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
recognizance of the convict to the custody of a responsible member of the city or

municipality where the accused actually resides.

Section 8. Saving Clause. — If 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 tq other persons or

circumstances shall not be affected by such declaration.

Section 9. Repealing Clause. — All laws, decrees and orders or parts
thereof inconsistent herewith, are deemed repealed or modified accordingly,

unless the same are more beneficial to the accused.

Section 10. Effectivity. — This Act shall take effect upon its approval.

Approved,

fu