FOURTEENTH CONGRESS OF THE REPUBLIC ] 
OF THE PHILIPPINES 
I 
First Regular Session 
I 
S E N A T E  
S.B.NO. 
1248 
Introduced by Senator Francis N. 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 right of the accused 
and one of which is presumption of innocence until the contrary is proved. Corollary to these rights, Section 
13 of the same Article provides that 'All persons, except those charged with offenses punishable by 
reclusion perpetua when evidence of guilt is strong, shall before conviction, be bailable by 
sujicient 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, Le., 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 of 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 hislher application for PTR, based on the 
reportlevaluation submitted by the Pre-Trial Release Officer. Filing of application for PTR by accused shall 
be accompanied by a written promise that helshe will appear in the court on the stated date and time on all 
proceedings of their cases. Eligibility of the accused for PTR is 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 
its 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 is 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 of the foregoing, early passage of this measure is earnestly requested. 
c 


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FOURTEENTH CONGRESS OF THE REPUBLIC } 
OF THE PHILIPPINES 
1 
First Regular Session 
I 
S E N A T E  
I 
S.B. NO. 1 
Introduced by Senator Francis N. Pangilinan 
' 
AN ACT 
PROVIDING FOR A PRE-TRIAL RELEASE FOR THE ACCUSED, CREATING FOR THE PURPOSE THE 
PRE-TRIAL RELEASE OFFICE (PTRO), APPROPRIATING FUNDS THEREFOR, AND FOR OTHER 
PURPOSES 
Be if enacted by the Senate and the House of Representatives of fhe Philippines in Congress assembled: 
SECTION 1. Shod 77f/e. - This Act shall be known as the "Pre-Trial Release Act of 2007". 
SEC. 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 is proved, the right to due process and equal protection of the law, Towards this end, a Pre-Trial 
Release Program is hereby instituted for those who have been charged 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. 
SEC. 3. Definition of Terms. - For purposes of this Act, the following terms shall be defined as 
follows: 
(a) 
fre-Trial Release (PTR) - refers to a cost-efficient program wherein the accused released 
from jail where he is confined, without bail; 
(b) 
Pre-Trial Release Accused - refers to a person released from detention through Pre-Trial 
Release; 
(c) 
Pre-Trial Release Officer (PTRO) - refers to a person assigned by the Judge for the PTR 
Office shall be responsible for gathering and reviewing information about the accused, conduct 
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investigation, and recommend to the court the eligibility of the accused for Pre-Trial Release; and 


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(d) 
Presiding Judge - refers to a person who makes the final decision on eligibility of the 
accused to avail of the benefits of Pre-Trial Release. 
SEC. 4. Pre-Trial Release Program. - The Pre-Trial Release Program, hereinafter referred to as 
the PTRP, is a method of releasing an accused under detention 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 five (5) days, and 
immediately thereafter submit a report and recommendation to the judge. The judge shall evaluate the 
report and recommendation and issue the corresponding pre-trial release. 
SEC. 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 with any known persons in the 
community who will: 
(1) establish the identity of the accused; 
(2) establish community ties of the accused; 
(3) assure the appearance of the accused by releasing the accused from hearing of the 
case; 
Reduce overcrowding in jails; 
Save the government of expenditures by releasing accused from confinement; 
Provide speedy and fair release of eligible accused from custody; 
Reduce family and employment disruptions; 
Increase tax revenue for the government with accused continued employment; and 
Provide cost-efficient mechanism for release of accused from jail. 


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SEC. 6. Creation of the Pre-Trial Release Officer (PTRO). - There shall be created a Pre-Trial 
Release Officer under the Department of Justice, hereinafter referred to as PTRO, who shall exercise 
general supervision over all persons arrested and charged with all crimes except heinous crimes. 
The PTRO shall have such staff operating units and personnel necessary for the proper 
performance of his duties and functions. 
SEC. 7. Composition of the PTR Office. - The PTR Office 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. 
The Executive Director shall receive an annual salary of at least Four hundred twenty thousand 
pesos (B420,OOO.OO). 
He shall have the following powers and functions: 
(a) 
(b) 
(c) 
Act as the Executive Officer of the PTR Office; 
Exercise supervision and control over all PTR Offices nationwide; 
Submit semi-annual reports to the Secretary of Justice concerning the operation, 
administration and improvement of the PTR Office: 
(d) 
(e) 
the PTR Office; and 
(9 
SEC. 8. The Deputy Executive Director. - 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). 
Promulgate the necessary rules relative to the methods and procedures of the PTR Office; 
Recommended to the Secretary of Justice the appointment of the subordinate personnel of 
Perform such other duties and responsibilities as may be necessary to attain its objectives. 
SEC. 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) 
(b) 
Must be at least thirty-five (35) years of age; 
Must be of proven competence, probity and good health: 


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(c) 
Holder of a master's degree, or its 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) 
SEC. I O .  Regional, Provincialand Cify PTR Officers. - The PTRO shall have regional, provincial, 
and city offices organized in accordance with its organizational plan and who shall be appointed by the 
Secretary of Justice upon recommendation of the Executive Director and in accordance with Civil Service 
rules and regulations. 
At least five (5) years of supervisory experience. 
The regional offices shall be headed by a Regional PTR Officer and shall exercise supervision and 
control over all PTR Officers within its 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 (P300,OOO.OO) 
There shall 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) 
(b) 
(c) 
Investigate all persons referred to them for investigation by the court; 
Inform the persons availing of the conduct and conditions of the PTR Program; 
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) 
(e) 
Maintain a detailed record of persons under their care; 
Prepare a list of qualified persons from the DSWD or any NGO of the province or city to 
assist in monitoring the activities of persons under the PTR Program; 
(9 
(9) 
Regional Director. 
Exercise supervision and control over all field assistants and other personnel; and 
Perform such other duties as may be assigned by the Executive Director through the 


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SEC. 11. 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 for 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) 
appointed I 
Preferably a resident of the region, province or city, as the case may be, where he shall be 
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 efficiently and effectively. 
SEC. 12. Organization. - Within twelve (12) months from the approval of this Act, the Secretary 
of Justice shall organize the administrative structure of the PTR office 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. 
SEC. 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 for PTR with the court where his case is 
filed through his counsel stating his personal circumstances, which include the following: (a) helshe is 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, That during the five (5) years, he has shown good behavioral record and has an 
excellent favorable written recommendation from the PTR Officer handling his case: Provided, further, That 
in case the accused is still to be arraigned but is already in detention, he can still avail of said privilege. 
SEC. 14. PJR 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. 


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SEC. 15. Conditions of Release Under fre-Trial Release Program. - The PTR Officer shall 
monitor the accused under the PTR Program who shall be required to comply with any of the following 
conditions, at the discretion of the court: 
(a) 
(b) 
Report every week in person to the court; 
Inform the PTR Office in writing of any change in the information written on hidher 
application such as the name, phone number, address, job status or whenever helshe goes out of town; 
Hire an attorney to represent him in court; 
Appear in court on the date and time the trial is set; 
Submit for alcohol andlor drug testing, when requested; 
Participate in alcohol andlor drug abuse treatment program, if requested; 
Observe a curfew set by the court; 
Enroll or maintain enrollment in an educational program; 
Seek or maintain employment; 
Participate in social services or render community service at least once a week: 
Must not be in possession of firearms or other deadly weapons during the release period; 
Notify the PTR Office once the case is dismissed by the court; 
Refrain from any other unlawful conduct or criminal activity; and 
Avoid all contacts 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. 
SEC. 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 list of accused availing to the 
person of the program to the DOJ through the court, not later than sixty (60) days for reference purposes. 
SEC. 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 the court 
concerned, except that the courts in its discretion, permit any accused or his lawyer to inspect the 
aforementioned documents or parts thereof whenever the best interest of the accused makes such 


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disclosure helpful: Provided, however, That any government agency engaged in the correction or 
rehabilitation of offenders may obtain said documents for its official use or reference. 
SEC. 18. Failure to Comply wjfb 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 (6) years or a fine of not less than One hundred thousand pesos 
(PlO0,OOO.OO) or both, at the discretion of the court. If the offender is a government officer or employee, the 
penalty to be imposed shall be imprisonment of not less than ten (IO) years or fine of not less than Two 
hundred thousand pesos (P200,OOO.OO) or both, at the discretion of the court. 
SEC. 20. lrnplernenting Rules and Regulations. - Within thirty (30) days from the effectivity of this 
Act, the Department of Justice, in coordination with the Parole and Probation Administration 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 
pesos (~50,000,000.00) 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. 


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accordingly. 
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SEC. 23. Repealing Clause. - All laws, decrees, executive orders, rules and regulations, or parts 
thereof, and other similar laws inconsistent with this Act, are hereby repealed, amended or modified 
SEC. 24. Effecfivify. - This Act shall take effect fifteen (15) days after its complete publication in 
the Official Gazeffe or in at least two (2) national newspapers of general circulation. 
Approved,