Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 31 45

Introduced by Reps. TEDDY A. CASINO, NERI JAVIER | COLMENARES,
LUZVIMINDA C. ILAGAN, RAFAEL V. MARIANO, RAYMOND V. PALATINO
EMERENCIANA A. DE JESUS and ANTONIO L, TINIO.

EXPLANATORY NOTE

“‘{he 1987 Philippine Constitution allows awo (2) modes by which a person under custody may be
released temporarily from detention before convietion of the offense charged — (1) bail, and (2)
release on recognizance as may be provided by law, to wit:

“Article III, Section 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
Jaw. xcex.” (Emphasis supplied)

Recognizance is “an obligation of record, entered into before some court or magistrate duly
authorized to take it, with the condition to do some particular act or acts, the usual condition
being the appearance of the accused for trial.”

Under the present state of the law, release on recognizance is implemented only in a very limited
scope under the Rules of Criminal Procedure, and the application thereof is based on the discretion
of the court. The reason for this is that che Supreme Court, while it has the sole power to
promulgate the rules of procedure under Article VIII, Section 5 (5) of the 1987 Philippine
Constitution, it cannot promulgate the rules for the full implementation of release on recognizance
because of the necessity for an enabling law as stated in the above-quoted Article TT, Seetion 13,

‘Thus, this measure is intended to serve as the enabling law for the full implementation of release on.
recognizance as an instrument for temporary

‘The 1986 Constitutional Commission deliberations made clear the role of Congress in the
enactment of such an enabling law, to wit

“ER. BERNAS: In addition to bail, there is an explicit recognition here of
recognizance as an instrument for temporary release as may be provided by
law. The details on how recognizance can be obtained or when it is
applicable is left to legislation. (I RECORD 675)” (Emphasis supplied)
Moreover, this measure is a means to promote the principle of restorative justice especially among
poor litigants who have yet to be convicted but are detained due to their inability to post bail or


due to a simple lack of an enabling law on recognizance. Such measure would give the members of
a community a bigger and more proactive role in reforming suspected offenders and upholding a
fair system of justice.

This proposed law is also one way to address other problems confronting the criminal justice
system such as protracted trials, prolonged resolution of cases, lack of legal representation, lack of
judges, congestion in jails, and lack of opportunity to reform and rehabilitate the offenders.

For these reasons, the immediate approval of this measure is earnestly sought.

Approved,

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DY A. CASINO
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EMERENCIANA A. DE JESUS REE INIO

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNo. 3145

Introduced by Reps. TEDDY A. CASINO, NERI JAVIER COLMENARES,
LUZVIMINDA C. ILAGAN, RAFAEL V. MARIANO, RAYMOND V. PALATINO
EMERENCIANA A. DE JESUS and ANTONIO L. TINIO

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

Be it enacted by te Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Title. ~ This Act shall be known as the “Recognizance Act of 2010.”

SECTION 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 to 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 the offender. As part of
this policy and in consonance with the principle of presumption of innocence, the 1987 Philippine
Constitution recognizes and guarantees the right to bail or to be released on recognizance as may
be provided by law. In furtherance of this policy, 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.

SECTION 3. Definition of Terms. ~ Vor purposes of this Act, the following terms shall be
defined as follows:

(a) “Recognizance” is an obligation of record, entered into before some court duly authorized to
take it, with the condition to do some particular act or acts, the usual condition being the
appearance of the accused for trial.

(b) “Person Released on Recognizance” is a person in custody and is released on recognizance
from detention.


SECTION 5. Disqualifications for Release on Recognizance. ~ An applicant who s
be teleased on recognizance must possess none of any of the following disqualifications:

(a) That he is a danger to the community;

(b) ‘Thar the circumstances of his case indicate the probability of ight if released on
recognizance;

(©) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has been previously
convicted of a crime aggravated by the circumstance of reiteration;

(4) That he has previously escaped from legal confinement, evaded sentence, or violated the
conditions of his previous bail or release on recognizance, if any, without valid justification;

(6) That he ba
pardon; or

previously committed a crime while under probation, parole, or conditional

(O Whar there is undue risk that he may commit another crime if released on recognizance.

SECTION 6. Application for Release on Recognizance. ~ At any time before conviction by
the Regional Trial Court, irrespective of whether the case was originally filed in or appealed to it,
any person in custody possessing all the qualifications and none of any of the disqualifications may
file a verified written application for his release on recognizance with the court where the case is
pending.

‘The application shall state that the applicant possesses all the qualifications and none of any of the
disqualifications, and shall prove the same by supporting affidavits and documents: Provided, ‘That
the application shall be supported by affidavits of at least two (2) persons stating their favorable
recommendation thereto and declaring their undertaking to guarantee the appearance of the
applicant in court whenever required or ordered to do so.

Any person in custody who is not yet charged in court may apply for release on recognizance with
any court in the province, city, or municipality where he is held.

SECTION 7. Persons Making Favorable Recommendation. ~ The two (2) persons who shall
make such favorable recommendation and undertaking in accordance with the second paragraph of
the next preceding section must have the following qualifications:

(a) A person of good repute and probity;

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

(6) Must not be a relative of the applicant within the fourth degree of consanguinity ot affinity; and

(d) Must belong to any of the following sectors and institutions: church, academe, social

welfare, health sector, cause-oriented groups, charitable organizations, or organizations engaged in
the rehabilitation of offenders.


If no person, in the barangay where the applicant resides, belongs to any of the sectors
and institutions listed under paragraph (4) above, or only one person thercof belongs to said sectors
and institutions, the other person or persons, as the case may be, who shall make such
recommendation and undertaking may be from the qualified residents of the city or municipality
where the applicant resid

SECTION 8. Endorsement of Application to Recognizance Office. — Upon receipt of the
application for recognizance, together with all the supporting documents and affidavits, the court
shall forward a copy of the same to the Chief Recognizance Officer of the Recognizance Field
Office in the city or province concerned. An order shall be issued by the court directing the Chief
Recognizance Officer or any of his Recognizance Officers to conduct an investigation on the
eligibility of the applicant to be released on recognizance. The prosecution shall be given a

copy of the application, together with the supporting documents and affidavits, and the order.

‘The Recognizance Field Office concerned sball submit « written report and recommendation on
the veracity of the allegations stated in the application and in its supporting documents and
affidavits to the court within twenty (20) calendar days from receipt of the copy of the application
and order. Such period may be extended by the court upon showing of justifiable grounds.

SECTION 9, Action of the Court. — The judge of the court issuing the order shall make an.
evaluation of the report and recommendation made by the Recognizance Field Office concerned,
and of the written opposition of the prosecution, if any, and shall make a decision within ten (10)
calendar days from receipt thereof on whether to grant the application,

SECTION 10. Right of Prosecution to Contest the Application. — The prosecution has
the right to oppose the application, and submit the same to the court within twenty (20)
calendar days from receipt of the copy of the application and order, on any of the following
grounds:

(@) Thae the applicant does not possess all the qualifications;
(b) That he possesses any of the disqualifications; and

(©) That the application is not supported by the affidavits of at least two (2) persons in
accordance with Sections 6 and 7 hereof.

‘The court shall deny the application or revoke the order of release, if the application is
already granted, based on any of the above-stated grounds.

SECTION 11. General Conditions of Release on Recognizance. — Every order of release on
recognizance issued by the court shall contain the following general conditions:

(@) The release on recognizance shall be effective upon approval, and unless cancelled, shall
remain in force at all stages of the case until promulgation of the judgment of the Regional ‘rial
Court, irrespective of whether the case was originally filed in or appealed to it;

(b) The accused shall appear before the proper court whenever required by the court or by the
Rules of Coust; and


(©) The failure of the accused to appear at the trial without justification and despite due notice
shull be deemed a waiver of his right co be present thereat. In such case, the trial may proceed in
absentia.

SECTION 12. Particular Conditions of Release on Recognizance. — Exery order of release on
recognizance issued by the court shall contain the following particular conditions requiring that the
person released on recognizance shall:

(a) Present himself to the recognizance officer designated to undertake his supervision at such
place as may be specified in the order within seventy-two hours from receipt of said order;

(b) Report to the recognizance officer designated at least once a month at such time and place as
specified by said officer; and

(6) Undergo and cooperate with a supervision program prepared and approved by the
Chief Recognizance Officer concerned

‘The court may also require the person released on recognizance, as the circumstances would
require,

(a) Mect his family responsibilities;

(b) Devote himself to a specific employment and not to change said employment without the
prior written approval of the recognizance officer;

(6) Undergo medical, psychological, or psychiatric examination and treatment and enter and
remain in specified institution, when required for that purpose;

(@) Pursue a prescribed secular study of vocational training;

(©) Attend or reside in a facility established for instruction, recreation, or residence of
persons released on recognizance;

(8 Refrain from visiting houses of ill-repute;
(g) Abstain from drinking intoxicating beverages to excess;
(h) Refrain from carrying any firearm or deadly weapon;

) Permit the recognizance officer or a volunteer recognizance aide to visit his home and
place of work;

() Reside at premises approved by it and not to change his residence without its prior
written approv:

(&) Avoid all contact with the offended party or members of the immediate family thereof
or any witness who may testify against him; or


() Satisfy any other condition related to the rehabilitation of the person released on recognizance
and not unduly restrictive of his liberty or incompatible with his freedom of conscience.

SECTION 13. Office of the Deputy Administrator for Recognizance. ~ ‘he Office of the
Deputy Administrator for Recognizance is hereby created in the Parole and Probation
Administration and shall be headed by a Deputy Administrator for Recognizance.

SECTION 14. Deputy Administrator for Recognizance, ~ There shall be a Deputy
s\dministeator for Recognizance who shall be appointed by the President of the Philippines upon
the recommendation of the Secretary of Justice, and shall receive an annual salary equivalent to that
of an incumbent Deputy Administrator of the Parole and Probation Administration

SECTION 15. Qualifications of Deputy Administrator for Recognizance. — Vo be cligible
for appointment as Deputy Administrator for Recognizance, he or she must be of proven
competence and integrity, at least 35 years of age, holder of a master’s degree or its equivalent in
cither criminology, social work, corrections, penology, psychology, sociology, public administration,
law, police, science, police administration, or related fields, and should have at least five years of
supervisory experience, or be a member of the Philippine Bar with at least seven years of
supervisory experience.

SECTION 16. Recognizance Office. ~ \ Recognizance Office is hereby created in the Parole
and Probation Administration Central Office and in every Regional Office thereof. The
Recognizance Office in the Central Office shall be headed by the Depury Administrator for
Recognizance. The Recognizance Office in the Regional Office shall be headed by the Regional
Director concerned: Provided, That the Administrator shall exercise supervision and control over
all recognizance offices and field offices.

SECTION 17. The Regional Director. — The incumbent Regional Director of the Parole and
Probation Administration shall head the Recognizance Office and shall exercise supervision and
control over all recognizance officers within his or her jurisdiction.

SECTION 18. Recognizance Field Office. ~ 4 Recognizance Field Office is hereby created in
every provincial and city office of the Parole and Probation Administration. The Chief
Recognizance Officer shall head such provincial or city recognizance field office.

SECTION 19. Provincial and City Chiet Recognizance Officers. ~‘There shall be a Chief
Recognizance Officer in each province and city and who shall be appointed by the Secretary of

Justice upon the recommendation of the Administrator and in accordance with civil service law and
rules.

The Chief Recognizance Officer shall rec
incumber

ve an annual salary equivalent co that of an
Chief Parole and Probation Administration. His or her duties shall be as follows:

(a) Investigate all persons referred to him/her for investigation by the proper court of the
Administrator, or refer the same to his/her subordinate officers;

(b) Instruct all persons released on recognizance under his supervision or thar of his/her
subordinate officers on the terms and conditions of theis being released on recognizance;


(© Keep himself/herself informed of the conduct and conditions of persons released on
recognizance under his/her charge or that of his/her subordinate officers and use all suitable
methods to brings about an improvement in their conduct and conditions;

(@ Maintain a detailed record of his/her work or that of his/her subordinate officers and submit
such written reports as may be required by the Administration or the court having jurisdiction
over the persons under his/her supervision or that of his/her subordinate officers;

(©) Prepare a list of qualified residents of the province or city where he/she is
willing to act as volunteer recognizance aide:

signed who are

(® Supervise the training of volunteer recognizance aides and overs
persons released on recognizance;

the latter’s supervision of

(@) Exercise supervision and control over all recognizance officers, volunteer recognizance aides,
and other personnel; and

(h) Perform such duties as may be assigned by the court or the Administration.

SECTION 20. Miscellaneous Powers of Provincial and City Chief Recognizance Officers. ~
Provincial or City Chief Recognizance Officers shall have the authority within their territorial
jurisdiction to administer oaths and acknowledgements and to take depositions in connection with
their duties and functions under this Act. They shall also have, with respect to persons released
on recognizance under their care or that of their respective subordinate officers, the powers of a
police officer.

SECTION. 21. Qualifications of Provincial and City Chief Recognizance Officers. ~No
person shall be appointed Provincial or City Chief Recognizance Officer unless he/she is a person
of proven competence and integrity, possesses at least a bachelor’s degree with a major in social
work, sociology, psychology, criminology, penology, corrections, police science, police
administration, or related fields and has at least three years of experience in work requiting any of
the above-mentioned disciplines, or is a member of the Philippine Bar with at least three years of
supervisory experience.

Whenever practicable, the Provincial or City Chief Recognizance Officer shall be appointed from
among qualified residents of the province or city where he will be assigned to work.

SECTION. 22. Recognizance Officers. ~ A Provincial or City Chief Recognizance Officer shall
be assisted by such recognizance officers as may be necessary to enable him/her to carry out
his/her duties effectively: Provided, That in Metro Manila cities, other major cities, and provinces,

there shall be appointed at least ten (10) recognizance officers, and in other cities, at least five (5)
recognizance officers.

Such recognizance officers shall be appointed in accordance with civil service law and rules.

SECTION 23. Modification of Conditions of Release on Recognizance. ~ Duting the period
1 person is released on recognizance, the court may, upon application of either the person released
on recognizance or the recognizance officer, revise or modify the conditions of the order of release
on recognizance. The coutt shall notify the person released on recognizance, the recognizance


ollficer, and the prosecution of the filing of such an application so as to give the parties an
‘opportunity to be heard thereon, The court shall inform in writing the recognizance officer, the
person released on recognizance, and the prosecution of any change in the conditions of the release
on recognizance.

SECTION 24, Conwol and Supervision of Persons Released on Recognizance. ~ he person
released on recognizance and his/her recognizance program shall be under the control of the court
which placed him/her on recognizance subject to actual supervision and visitation by a
recognizance officer.

Whenever a person released on recognizance is permitted to reside in a place under the
jurisdiction of another court, control over him/her shall be transferred to the Executive Judge of
the Regional Trial Court of that place, and in such case, a copy of the order of telease on
recognizance, the investigation report, and other pertinent records shall be furnished said
Executive Judge. Thereafter, the Hixecutive Judge to whom jurisdiction over the person released
on recognizance is transferred shall have the power with respect to him/her that was previously
possessed by the court which granted the release on recognizance.

SECTION 25. Volunteer Recognizance Aides. ~ ‘Vo as:
Officers in the supervision of persons released, the Admi
good repute and probity to act as recognizance aides.

1 the Provineial or City Recognizance
trator may appoint citizens of

Recognizance aides shall not receive any regular compensation for services except for reasonable
travel allowance. They shall hold office for such period as may be determined by the Administrator.

“Their qualifications and maximum case loads shall be provided in the rules promulgated pursuant
to this Act,

SECTION 26. Contidentiality of Records. ‘The records of a person already released on
recognizance obtained under this Act shall be privileged and shall not be disclosed directly or
indirectly to anyone other than the Administration or the court concerned, except that the
court, in its discretion, may permit the person released on recognizance or his/her attorney to
inspect the same or parts thereof whenever the best interest of the said person makes such
disclosure desirable or helpful. Provided that any government office or agency or any other
institution engaged in the correction or rehabilitation of offenders may, if necessary, obtain
copies of the said records for its official use from the proper court or the Administration.

SECTION. 27, Arrest of Person Released on Recognizance; Subsequent Dispositions. ~ At
any time during the release on recognizance, the court shall issue a warrant for the arrest of a
person under recognizance for any serious violation of the conditions of the release on
recognizance. The person under recognizance, once arrested and detained, shall immediately be
brought before the court for a heating of the violation charged.

In case the violation is alleged to be not serious, the court shall issue a subpoena, in lieu of a
warrant of arrest, requiting the person under recognizance to appear before the court within the
period stated therein for a hearing of the violation charged.

In the hearing, which shall be summary in nature, the person under recognizance shall have the
right to be informed of the violation charged and to adduce evidence in his favor. ‘The court shall
not be bound by the technical rules of evidence but may inform itself of all the facts which are


material and relevant to ascertain the veracity of the charge. The State shall be represented by a
prosecuting attorney in any contested hearing. If the violation is established, the court may revoke
or continue his release on recognizance and modify the conditions thereof. If revoked, the
court shall order the person under recognizance to be detained. An order revoking the grant of
recognizance or modifying the terms and conditions shall not be appealable.

SECTION 28. Recognizance not a bar to objections on illegal arrest, lack of or irregular
preliminary investigation, ~ An application for or grant of release on recognizance shall not bar
the accused from challenging the validity of his arrest or the legality of the warrant issued
therefore, or from assailing the regularity or questioning the absence of a preliminary investigation
of the charge against him, provided that he raises them before entering his plea. The court shall
resolve the matter as early as practicable but not later than the start of the trial of the case,

SECTION 29. Allowance for Good Conduct and Who Grants Allowances. ~ If the person
released on recognizance is convicted, and the judgment of conviction has become final, the good
conduct and behavior of such person during the time that he was under recognizance shall entitle
him to the following deductions from the period of his sentence:

1. During the first two years of imprisonment, he shall be allowed a deduction of five
days for each month of good behavior, .

2. During the third to the fifth year, inclusive, of his imprisonment he shall be
allowed a deduction of eight days for each month of good behavior,

3. During the sixth to the tenth year, inclusive, of his imprisonment, he shall be
allowed a deduction of ten days for each month of good behavior; and

4, During the eleventh and successive years of his imprisonment, he shall be allowed
a deduction of fifteen days for each month of good behavior.

Provided, That whenever justified and upon the favorable recommendation of the Chief
Recognizance Officer concerned, the Director of Prisons shall grant the allowances for good
conduct. Provided further, thar such allowances once granted shall not be revoked.

SECTION 30. Violation of Confidential Nature of Recognizance Records. ~ The penalty
of imprisonment ranging from six months and one day to six years or a fine ranging from
cwenty thousand pesos to fifty thousand pesos or both at the discretion of the court shall be
imposed upon any person who violates Section 26 hereof.

SECTION 31. Appropriations, - ‘Vhere is hereby authorized the appropriation of the sum of
One Hundred Million Pesos from the allocation of the Department of Justice under the General
Appropriations Act to carry out the purposes of this Act. Thereafter, such amount shall be included
in the annual appropriations of the Parole and Parole Administration,

SECTION 32. Repealing Clause. — All laws, acts, decrees, executive orders, issuances, and rules
and regulations or parts thereof which are contrary to and inconsistent with any provisions of this
Act are hereby repealed, amended or modified accordingly.


SECTION 33. Separability Clause. ~ If any provision of this Act is subsequently declared
unconstitutional, the validity of the remaining provisions hereof shall remain in full force and

a

Ct

SECTION 34, Pffectivity Clause. - This Act shall take effect fifteen (15) days after its complete
publication either in the Official Gazette or in a newspaper of general circulation in the Philippines.

Approved,