Republic of the PhilippinesCONGRESS OF THE PHILIPPINES

Metro Manila

Fifteenth CongressThird Regular Session

Begun and held in Metro Manila, on Monday,A the twenty-third day of July, two thousand twelve.

REPUBLIC ACT No. 10389

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 House of Representatives of the Philippines in Congress assembled:

Section 1.   Short Title.   – This Act shall be known as the "Recognizance Act of 2012″.

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 offenders. 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.   Recognizance Defined.   – Recognizance is a mode of securing the release of any person in custody or detention for the commission of an offense who 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 qualified member of the barangay, city or municipality where the accused resides.

Section 4.   Duty of the Courts.   – For purposes of stability and uniformity, the courts shall use their discretion, in determining whether an accused should be deemed an indigent even if the salary and property requirements are not met. The courts may also consider the capacity of the accused to support not just himself/herself but also his/her family or other people who are dependent on him/her for support and subsistence.

Other relevant factors and conditions demonstrating the financial incapacity of the accused at the time that he/she is facing charges in court may also be considered by the courts for the purpose of covering as many individuals belonging to the marginalized and poor sectors of society.

Section 5.   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 behalf of the accused files the application for such:

(a) Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities and Municipal Circuit Trial Court; and

(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 the person’s recognizance.

Section 6.   Requirements.   – The competent court where a criminal case has been filed against a person covered under this Act shall, upon motion, order the release of the detained person on recognizance to a qualified custodian:   Provided,   That all of the following requirements are complied with:

(a) A sworn declaration by the person in custody of his/her indigency or incapacity either to post a cash bail or proffer any personal or real property acceptable as sufficient sureties for a bail bond;

(b) 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;

(c) The person in custody has been arraigned;

(d) The court has notified the city or municipal sanggunian where the accused resides of the application for recognizance. The sanggunian shall include in its agenda the notice from the court upon receipt and act on the request for comments or opposition to the application within ten (10) days from receipt of the notice. The action of the sanggunian shall be in the form of a resolution, and shall be duly approved by the mayor, and subject to the following conditions:

(1) Any motion for the adoption of a resolution for the purpose of this Act duly made before the sanggunian shall he considered as an urgent matter and shall take precedence over any other business thereof:   Provided,   That a special session shall be called to consider such proposed resolution if necessary;

The resolution of the sanggunian shall include in its resolution a list of recommended organizations from whose members the court may appoint a custodian.

(2) 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;

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

(4) If the mayor or any person acting as such, pursuant to law, disapproves the resolution, the resolution shall be returned within twenty-four (24) hours from 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 city shall be considered final and not subject to the review of the Sangguniang Panlalawigan, a copy of which shall be forwarded to the trial court within three (3) days from date of resolution.

(e) The accused shall be properly documented, through such processes as, but not limited to, photographic image reproduction of all sides of the face and fingerprinting:   Provided,   That the costs involved for the purpose of this subsection shall be shouldered by the municipality or city that sought the release of the accused as provided herein, chargeable to the mandatory five percent (5%) calamity fund in its budget or to any other available fund in its treasury; and

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

Section 7.   Disqualifications for Release on Recognizance.   – 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) The accused bad made untruthful statements in his/her sworn affidavit prescribed under Section 5(a);

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

(c) The accused had been found to have previously escaped from legal confinement, evaded sentence or has violated the conditions of bail or release on recognizance without valid justification;

(d) The accused had previously committed a crime while on probation, parole or under conditional pardon;

(e) The personal circumstances of the accused or nature of the facts surrounding his/her case indicate the probability of flight if released on recognizance;

(f) There is a great risk that the accused may commit another crime during the pendency of the case; and

(g) The accused has a pending criminal case which has the same or higher penalty to the new crime he/she is being accused of. 1âwphi1

Section 8.   Qualifications of the Custodian of the Person Released on Recognizance.   – Except in cases of children in conflict with the law as provided under Republic Act No. 9344, the custodian of the person released on recognizance must have the following qualifications:

(a) A person of good repute and probity;

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

(c) Must not be a relative of the applicant within the fourth degree of consanguinity or 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 duly accredited by the local social welfare and development officer.

If no person in the barangay where the applicant resides belongs to any of the sectors and institutions listed under paragraph (d) above, the custodian of the person released on recognizance may be from the qualified residents of the city or municipality where the applicant resides.

Section 9.   Duty of the Custodian.   – The custodian shall undertake to guarantee the appearance of the accused whenever required by the court. The custodian shall be required to execute an undertaking before the court to produce the accused whenever required. The said undertaking shall be part of the application for recognizance. The court shall duly notify, within a reasonable period of time, the custodian whenever the presence of the accussed is required. A penalty of six (6) months to two (2) years imprisonment shall be imposed upon the custodian who failed to deliver or produce the accused before the court, upon due notice, without justifiable reason.

Section 10.   Role of the Probation Officer.   – Upon release of the person on recognizance to the custodian, the court shall issue an order directing the Probation Office concerned to monitor and evaluate the activities of such person. The Probation Office concerned shall submit a written report containing its findings and recommendations on the activities of the person released on recognizance on a monthly basis to determine whether or not the conditions for his/her release have been complied with. The prosecution including the private complainant, if any, shall be given a copy of such report.

Section 11.   Arrest of a Person Released on Recognizance.   – The court shall order the arrest of the accused, who shall forthwith be placed under detention, due to any of the following circumstances:

(a) If it finds meritorious a manifestation made under oath by any person after a summary healing, giving the accused an opportunity to be heard;

(b) If the accused fails to appear at the trial or whenever required by the abovementioned court or any other competent court without justification, despite due notice;

(c) 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 in the area where the offense is committed recommends the arrest to the court; or

(d) If it is shown that the accused committed an act of harassment such as, but not limited to, stalking, intimidating or otherwise vexing private complainant, prosecutor or witnesses 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.

Section 12.   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 qualified member of the barangay, city or municipality where the accused actually resides.

Section 13.   Separability Clause.   – If any provision of this Act or the application of such provision to any person or circumstance is declared invalid, the remainder of this Act or the application of such provision to other persons or circumstances shall not be affected by such declaration.

Section 14.   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 15.   Effectivity.   – This Act shall take effect fifteen (15) days after its publication in the   Official Gazette   or in at least two (2) newspapers of general circulation.

Approved,

(Sgd.)   JUAN PONCE ENRILE President of the Senate

(Sgd.)   FELICIANO BELMONTE JR. Speaker of the House of Representatives

This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on December 19, 2012 and December 10, 2012, respectively.

(Sgd.)   EMMA LIRIO-REYES Secretary of Senate

(Sgd.)   MARILYN B. BARUA-YAP Secretary General

House of Representatives

Approved: MAR 14 2013

(Sgd.) BENIGNO S. AQUINO IIIPresident of the Philippines

[REPUBLIC ACT   NO. 10159] AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODEBe it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. Article 39 of Act No. 3815, as amended, is hereby further amended to read as follows:“ Art. 39.   Subsidiary Penalty.   – If the convict has no property with which to meet the fine

mentioned in paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each amount equivalent to the highest minimum wage rate prevailing in the Philippines at the time of the rendition of judgment of conviction by the trial court, subject to the following rules:“ 1. If the principal penalty imposed be   prision correctional   or   arresto   and fine, he shall

remain under confinement until his fine referred in the preceding paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall be counted against the prisoner.“ 2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall

not exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a fight felony.“ 3. When the principal penalty imposed is higher than   prision correctional,   no subsidiary

imprisonment shall be imposed upon the culprit.“ 4. If the principal penalty imposed is not to be executed by confinement in a penal

institution, but such penalty is of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same deprivations as those of which the principal penalty consists.“ 5. The subsidiary personal liability which the convict may have suffered by reason of his

insolvency shall not relieve him from the fine in case his financial circumstances should improve.”   (As amended by Republic Act No. 5465, which lapsed into law on April 21, 1969.)

SEC. 2.   Separability Clause.   – If any provision or part hereof is held invalid or

unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.SEC. 3.   Repealing Clause.   – All laws, presidential decrees or issuances, executive orders, letters of instruction, administrative orders or rules and regulations which may be inconsistent with this Act shall be deemed repealed, amended or modified accordingly.SEC. 4.   Effectivity.   – This Act shall take effect fifteen (15) days following its publication in the   Official Gazette   or in two (2) newspapers of general circulation. Approved:   April 10, 2012.

President Benigno Aquino III has signed two new laws. President has signed into law Republic Act 10592, which allows local jails to reduce a convicted felon’s time jail because of good behavior, and Republic Act 10591, it provides stricter guidelines on securing a gun license and sets limits to the number of firearms a person may own.

RA 10592 amends Articles 29, 94, 97, 98, and 99 of the Revised Penal Code and allows the local jail to deduct the following number of days from a convict’s sentence:

During the first two years of imprisonment, the prisoner shall be allowed a deduction of 20 days for each month of good behavior during detention;

In the third to the 5th year, inclusive, of his imprisonment, he shall be allowed a deduction of twenty-three days for each month of good behavior during detention;

During the following years until the 10th year, inclusive, of his imprisonment, the prisoner shall be allowed a deduction of 25 days for each month of good behavior during detention;

And in the 11th and successive years of his imprisonment, he shall be allowed a deduction of 30 days for each month of good behavior during detention; and

At any time during the period of imprisonment, he shall be allowed another deduction of 15 days, in addition to numbers one to four for each month of study, teaching or mentoring service time rendered.

The law states that an appeal by the accused shall not deprive him of entitlement to the allowances for good conduct.

RA 10592 was signed on May 29 and its implementing rules and regulations will be promulgated by the Departments of Justice and Interior and Local Government within 60 days thereafter.

Also on Saturday, the Palace announced that the President has signed Republic Act 10591, which specifies guidelines in the issuance of gun licenses to individuals.

For the most part, the new law outlines requirements that are already being implemented by the Philippine National Police Firearms and Explosives Office, but it also added some new provisions, like the one on five types of licenses that may be issued.

Under Republic Act 10591, oAne must be a Filipino citizen, at least 21 years old and should be employed, and has no criminal record to own a gun.

One should also indicate in writing why he or she needs a firearm and should pass a gun safety seminar.

S. No. 3064H. No. 417

Republic of the PhilippinesCongress of the Philippines

Metro ManilaFifteenth Congress

Third Regular SessionBegun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

[REPUBLIC ACT NO. 10592]AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS

AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODEBe it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised Penal Code, is hereby further amended to read as follows:“ART. 29. Period of preventive imprisonment deducted from term of imprisonment. – Offenders or accused who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment if the detention prisoner agrees voluntarily in writing after being informed of the effects thereof and with the assistance of counsel to abide by the same disciplinary rules imposed upon convicted prisoners, except in the following cases:“1. When they are recidivists, or have been convicted previously twice or more times of any crime; and“2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.“If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall do so in writing with the assistance of a counsel and shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment.“Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty (30) years.“Whenever an accused has undergone preventive imprisonment for a period equal to the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review. Computation of preventive imprisonment for purposes of immediate release under this paragraph shall be the actual period of detention with good conduct time allowance:Provided, however, That if the accused is absent without justifiable cause at any stage of the trial, the court may motu proprio order the rearrest of the accused: Provided, finally, That recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded from the coverage of this Act. In case the maximum penalty to which the accused may be sentenced is lestierro, he shall be

released after thirty (30) days of preventive imprisonment.”SEC. 2. Article 94 of the same Act is hereby further amended to read as follows:“ART. 94. Partial extinction of criminal liability. – Criminal liability is extinguished partially:“1. By conditional pardon;“2. By commutation of the sentence; and“3. For good conduct allowances which the culprit may earn while he is undergoing preventive imprisonment or serving his sentence.”SEC. 3. Article 97 of the same Act is hereby further amended to read as follows:“ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for credit for preventive imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in any penal institution, rehabilitation or detention center or any other local jail 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 twenty days for each month of good behavior during detention;“2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of twenty-three days for each month of good behavior during detention;“3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of twenty-five days for each month of good behavior during detention;“4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty days for each month of good behavior during detention; and“5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in addition to numbers one to four hereof, for each month of study, teaching or mentoring service time rendered.“An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct.”SEC. 4. Article 98 of the same Act is hereby further amended to read as follows:“ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of his sentence shall be granted to any prisoner who, having evaded his preventive imprisonment or the service of his sentence under the circumstances mentioned in Article 158 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe referred to in said article. A deduction of two-fifths of the period of his sentence shall be

granted in case said prisoner chose to stay in the place of his confinement notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of this Code.“This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving sentence.”SEC. 5. Article 99 of the same Act is hereby further amended to read as follows:”“ART. 99. Who grants time allowances. – Whenever lawfully justified, the Director of the Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology and/or the Warden of a provincial, district, municipal or city jail shall grant allowances for good conduct. Such allowances once granted shall not be revoked.”SEC. 6. Penal Clause. – Faithful compliance with the provisions of this Act is hereby mandated. As such, the penalty of one (1) year imprisonment, a fine of One hundred thousand pesos (P100,000.00) and perpetual disqualification to hold office shall be imposed against any public officer or employee who violates the provisions of this Act.SEC. 7. Implementing Rules and Regulations. – The Secretary of the Department of Justice (DOJ) and the Secretary of the Department of the Interior and Local Government (DILG) shall within sixty (60) days from the approval of this Act, promulgate rules and regulations on the classification system for good conduct and time allowances, as may be necessary, to implement the provisions of this Act.SEC. 8. Separability Clause. – If any part hereof is held invalid or unconstitutional, the remainder of the provisions not otherwise affected shall remain valid and subsisting.SEC. 9. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.SEC. 10. Effectivity Clause. – This Act shall take effect fifteen (15) days from its publication in the Official Gazette or in at least two (2) new papers of general circulation.Approved,

(Sgd.) FELICIANO BELMONTE JR.Speaker of the House

of Representatives

(Sgd.) JUAN PONCE ENRILEPresident of the Senate

This Act which is a consolidation of Senate Bill No. 3064 and House Bill No. 417 was finally passed by the Senate and the House of Representatives on November 5, 2012 and January 28, 2013, respectively.

(Sgd.) MARILYN B. BARUA-YAPSecretary General

House of Representatives

(Sgd.) EDWIN B. BELLENActing Senate Secretary

Approved: MAY 29 2013(Sgd.) BENIGNO S. AQUINO III

President of the Philippines