Republic of the Philippines CONGRESS OF THE PHILIPPINES Metro Manila Fifteenth Congress Third Regular Session Begun and

held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve. REPUBLIC ACT No !"#$% AN ACT INSTITUTIONALI&ING RECOGNI&ANCE AS A 'O(E OF GRANTING THE RELEASE OF AN IN(IGENT PERSON IN CUSTO() AS AN ACCUSE( IN A CRI'INAL CASE AN( FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in asse!bled" ongress

Se*tion ! Short #itle. This Act shall be known as the "Recognizance Act of 2012 Se*tion + State!ent of Policy. !t is the "eclare" polic# of the $tate to pro%ote social &ustice in all phases of national "e'elop%ent( inclu"ing the pro%otion of restorati'e &ustice as a %eans to a""ress the proble%s confronting the cri%inal &ustice s#ste% such as protracte" trials( prolonge" resolution of cases( lack of legal representation( lack of &u"ges( inabilit# to post bail bon"( congestion in &ails( an" lack of opportunit# to refor% an" rehabilitate offen"ers !n consonance with the principle of presu%ption of innocence( the 1)*+ Philippine ,onstitution recognizes an" guarantees the right to bail or to be release" on recognizance as %a# be pro'i"e" b# law !n furtherance of this polic#( the right of persons( e-cept those charge" with cri%es punishable b# "eath( reclusion perpetua( or life i%prison%ent( to be release" on recognizance before con'iction b# the Regional Trial ,ourt( irrespecti'e of whether the case was originall# file" in or appeale" to it( upon co%pliance with the re.uire%ents of this Act( is hereb# affir%e"( recognize" an" guarantee" Se*tion # Recogni$ance %efined. Recognizance is a %o"e of securing the release of an# person in custo"# or "etention for the co%%ission of an offense who is unable to post bail "ue to ab&ect po'ert# The court where the case of such person has been file" shall allow the release of the accuse" on recognizance as pro'i"e" herein( to the custo"# of a .ualifie" %e%ber of the baranga#( cit# or %unicipalit# where the accuse" resi"es Se*tion , %uty of the ourts. /or purposes of stabilit# an" unifor%it#( the courts shall use their "iscretion( in "eter%ining whether an accuse" shoul" be "ee%e" an in"igent e'en if the salar# an" propert# re.uire%ents are not %et The courts %a# also consi"er the capacit# of the accuse" to support not &ust hi%self0herself but also his0her fa%il# or other people who are "epen"ent on hi%0her for support an" subsistence 1ther rele'ant factors an" con"itions "e%onstrating the financial incapacit# of the accuse" at the ti%e that he0she is facing charges in court %a# also be consi"ere" b# the courts for the purpose of co'ering as %an# in"i'i"uals belonging to the %arginalize" an" poor sectors of societ# Se*tion - Release on Recogni$ance as a Matter of Right &uaranteed by the onstitution. The release on recognizance of an# person in custo"# or "etention for the co%%ission of an offense is a %atter of right when the offense is not punishable b# "eath( reclusion perpetua( or life

i%prison%ent2 Provided, That the accuse" or an# person on behalf of the accuse" files the application for such2 3a4 5efore or after con'iction b# the Metropolitan Trial ,ourt( Municipal Trial ,ourt( Municipal Trial ,ourt in ,ities an" Municipal ,ircuit Trial ,ourt6 an" 3b4 5efore con'iction b# the Regional Trial ,ourt2 Provided, further, That a person in custo"# for a perio" e.ual to or %ore than the %ini%u% of the principal penalt# prescribe" for the offense charge"( without application of the !n"eter%inate $entence 7aw( or an# %o"if#ing circu%stance( shall be release" on the person8s recognizance Se*tion . Re'uire!ents. The co%petent court where a cri%inal case has been file" against a person co'ere" un"er this Act shall( upon %otion( or"er the release of the "etaine" person on recognizance to a .ualifie" custo"ian2 Provided, That all of the following re.uire%ents are co%plie" with2 3a4 A sworn "eclaration b# the person in custo"# of his0her in"igenc# or incapacit# either to post a cash bail or proffer an# personal or real propert# acceptable as sufficient sureties for a bail bon"6 3b4 A certification issue" b# the hea" of the social welfare an" "e'elop%ent office of the %unicipalit# or cit# where the accuse" actuall# resi"es( that the accuse" is in"igent6 3c4 The person in custo"# has been arraigne"6 3"4 The court has notifie" the cit# or %unicipal sanggunian where the accuse" resi"es of the application for recognizance The sanggunian shall inclu"e in its agen"a the notice fro% the court upon receipt an" act on the re.uest for co%%ents or opposition to the application within ten 3104 "a#s fro% receipt of the notice The action of the sanggunian shall be in the for% of a resolution( an" shall be "ul# appro'e" b# the %a#or( an" sub&ect to the following con"itions2 314 An# %otion for the a"option of a resolution for the purpose of this Act "ul# %a"e before the sanggunian shall he consi"ere" as an urgent %atter an" shall take prece"ence o'er an# other business thereof2 Provided, That a special session shall be calle" to consi"er such propose" resolution if necessar#6 The resolution of the sanggunian shall inclu"e in its resolution a list of reco%%en"e" organizations fro% whose %e%bers the court %a# appoint a custo"ian 324 The presi"ing officer of the sanggunian shall ensure that its secretar# shall sub%it an# resolution a"opte" un"er this Act within twent#9four 32:4 hours fro% its passage to the %a#or who shall act on it within the sa%e perio" of ti%e fro% receipt thereof6 3;4 !f the %a#or or an# person acting as such( pursuant to law( fails to act on the sai" resolution within twent#9four 32:4 hours fro% receipt thereof( the sa%e shall be "ee%e" to ha'e been acte" upon fa'orabl# b# the %a#or6 3:4 !f the %a#or or an# person acting as such( pursuant to law( "isappro'es the resolution( the resolution shall be returne" within twent#9four 32:4 hours fro% "isappro'al thereof to the sanggunian presi"ing officer or secretar# who shall be

responsible in infor%ing e'er# %e%ber thereof that the sanggunian shall %eet in special session within twent#9four 32:4 hours fro% receipt of the 'eto for the sole purpose of consi"ering to o'erri"e the 'eto %a"e b# the %a#or /or the purpose of this Act( the resolution of the sanggunian of the %unicipalit# or cit# shall be consi"ere" final an" not sub&ect to the re'iew of the $angguniang Panlalawigan( a cop# of which shall be forwar"e" to the trial court within three 3;4 "a#s fro% "ate of resolution 3e4 The accuse" shall be properl# "ocu%ente"( through such processes as( but not li%ite" to( photographic i%age repro"uction of all si"es of the face an" fingerprinting2 Provided, That the costs in'ol'e" for the purpose of this subsection shall be shoul"ere" b# the %unicipalit# or cit# that sought the release of the accuse" as pro'i"e" herein( chargeable to the %an"ator# fi'e percent 3<=4 cala%it# fun" in its bu"get or to an# other a'ailable fun" in its treasur#6 an" 3f4 The court shall notif# the public prosecutor of the "ate of hearing therefor within twent#9 four 32:4 hours fro% the filing of the application for release on recognizance in fa'or of the accuse"2 Provided, That such hearing shall be hel" not earlier than twent#9four 32:4 hours nor later than fort#9eight 3:*4 hours fro% the receipt of notice b# the prosecutor2 Provided, further, That "uring sai" hearing( the prosecutor shall be rea"# to sub%it the reco%%en"ations regar"ing the application %a"e un"er this Act( wherein no %otion for postpone%ent shall be entertaine" Se*tion / %is'ualifications for Release on Recogni$ance. An# of the following circu%stances shall be a 'ali" groun" for the court to "is.ualif# an accuse" fro% a'ailing of the benefits pro'i"e" herein2 3a4 The accuse" ba" %a"e untruthful state%ents in his0her sworn affi"a'it prescribe" un"er $ection <3a46 3b4 The accuse" is a reci"i'ist( .uasi9reci"i'ist( habitual "elin.uent( or has co%%itte" a cri%e aggra'ate" b# the circu%stance of reiteration6 3c4 The accuse" ha" been foun" to ha'e pre'iousl# escape" fro% legal confine%ent( e'a"e" sentence or has 'iolate" the con"itions of bail or release on recognizance without 'ali" &ustification6 3"4 The accuse" ha" pre'iousl# co%%itte" a cri%e while on probation( parole or un"er con"itional par"on6 3e4 The personal circu%stances of the accuse" or nature of the facts surroun"ing his0her case in"icate the probabilit# of flight if release" on recognizance6 3f4 There is a great risk that the accuse" %a# co%%it another cri%e "uring the pen"enc# of the case6 an" 3g4 The accuse" has a pen"ing cri%inal case which has the sa%e or higher penalt# to the new cri%e he0she is being accuse" of
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Se*tion $ *ualifications of the ustodian of the Person Released on Recogni$ance. >-cept in cases of chil"ren in conflict with the law as pro'i"e" un"er Republic Act ?o );::( the custo"ian of the person release" on recognizance %ust ha'e the following .ualifications2 3a4 A person of goo" repute an" probit#6 3b4 A resi"ent of the baranga# where the applicant resi"es6 3c4 Must not be a relati'e of the applicant within the fourth "egree of consanguinit# or affinit#6 an" 3"4 Must belong to an# of the following sectors an" institutions2 church( aca"e%e( social welfare( health sector( cause9oriente" groups( charitable organizations or organizations engage" in the rehabilitation of offen"ers "ul# accre"ite" b# the local social welfare an" "e'elop%ent officer !f no person in the baranga# where the applicant resi"es belongs to an# of the sectors an" institutions liste" un"er paragraph 3"4 abo'e( the custo"ian of the person release" on recognizance %a# be fro% the .ualifie" resi"ents of the cit# or %unicipalit# where the applicant resi"es Se*tion % %uty of the ustodian. The custo"ian shall un"ertake to guarantee the appearance of the accuse" whene'er re.uire" b# the court The custo"ian shall be re.uire" to e-ecute an un"ertaking before the court to pro"uce the accuse" whene'er re.uire" The sai" un"ertaking shall be part of the application for recognizance The court shall "ul# notif#( within a reasonable perio" of ti%e( the custo"ian whene'er the presence of the accusse" is re.uire" A penalt# of si- 3@4 %onths to two 324 #ears i%prison%ent shall be i%pose" upon the custo"ian who faile" to "eli'er or pro"uce the accuse" before the court( upon "ue notice( without &ustifiable reason Se*tion !" Role of the Probation +fficer. Apon release of the person on recognizance to the custo"ian( the court shall issue an or"er "irecting the Probation 1ffice concerne" to %onitor an" e'aluate the acti'ities of such person The Probation 1ffice concerne" shall sub%it a written report containing its fin"ings an" reco%%en"ations on the acti'ities of the person release" on recognizance on a %onthl# basis to "eter%ine whether or not the con"itions for his0her release ha'e been co%plie" with The prosecution inclu"ing the pri'ate co%plainant( if an#( shall be gi'en a cop# of such report Se*tion !! ,rrest of a Person Released on Recogni$ance. The court shall or"er the arrest of the accuse"( who shall forthwith be place" un"er "etention( "ue to an# of the following circu%stances2 3a4 !f it fin"s %eritorious a %anifestation %a"e un"er oath b# an# person after a su%%ar# healing( gi'ing the accuse" an opportunit# to be hear"6 3b4 !f the accuse" fails to appear at the trial or whene'er re.uire" b# the abo'e%entione" court or an# other co%petent court without &ustification( "espite "ue notice6 3c4 !f the accuse" is the sub&ect of a co%plaint for the co%%ission of another offense in'ol'ing %oral turpitu"e an" the public prosecutor or the %a#or in the area where the offense is co%%itte" reco%%en"s the arrest to the court6 or 3"4 !f it is shown that the accuse" co%%itte" an act of harass%ent such as( but not li%ite" to( stalking( inti%i"ating or otherwise 'e-ing pri'ate co%plainant( prosecutor or witnesses in the

case pen"ing against the accuse"2 Provided, That upon the issuance b# the court of such or"er( the accuse" shall likewise beco%e the proper sub&ect of a citizen8s arrest pursuant to the Rules of ,ourt Se*tion !+ -o Release on Recogni$ance ,fter .inal Judg!ent or o!!ence!ent of Sentence/ 01ception. The benefits pro'i"e" un"er this Act shall not be allowe" in fa'or of an accuse" after the &u"g%ent has beco%e final or when the accuse" has starte" ser'ing the sentence2 Provided, That this prohibition shall not appl# to an accuse" who is entitle" to the benefits of the Probation 7aw if the application for probation is %a"e before the con'ict starts ser'ing the sentence i%pose"( in which case( the court shall allow the release on recognizance of the con'ict to the custo"# of a .ualifie" %e%ber of the baranga#( cit# or %unicipalit# where the accuse" actuall# resi"es Se*tion !# Separability lause. !f an# pro'ision of this Act or the application of such pro'ision to an# person or circu%stance is "eclare" in'ali"( the re%ain"er of this Act or the application of such pro'ision to other persons or circu%stances shall not be affecte" b# such "eclaration Se*tion !, Repealing lause. All laws( "ecrees an" or"ers or parts thereof inconsistent herewith are "ee%e" repeale" or %o"ifie" accor"ingl#( unless the sa%e are %ore beneficial to the accuse" Se*tion !- 0ffectivity. This Act shall take effect fifteen 31<4 "a#s after its publication in the +fficial &a$ette or in at least two 324 newspapers of general circulation Appro'e"(

3$g" 4 0UAN PONCE ENRILE Presi"ent of the $enate

3$g" 4 FELICIANO BEL'ONTE 0R $peaker of the Bouse of Representati'es

This Act which originate" in the Bouse of Representati'es was finall# passe" b# the Bouse of Representati'es an" the $enate on Cece%ber 1)( 2012 an" Cece%ber 10( 2012( respecti'el#

3$g" 4 E''A LIRIO1RE)ES $ecretar# of $enate

3$g" 4 'ARIL)N B BARUA1)AP $ecretar# Deneral Bouse of Representati'es

Appro'e"2 MAR 1: 201; 2Sgd 3 BENIGNO S A4UINO III President of the Philippines