University Of Cebu

Graduate School
 
Master Of Science In Criminal Justice
With Specialization In Criminology

A Topic Report : R.A. 10389 - RECOGNIZANCE ACT OF 2012

 
MSC 221 – Modern Penology
 
“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 ”

Presented To :
 
DR. PAUL V. PIOQUINTO, CST, CSP, CCSSM, RCRIM
Professor
 

Presented By:
PEARLYN MAE D. PALADA
Your Name
SEQUENCE OF PRESENTATION

Topic Learning Objectives

Introduction/Topic Overview
SWOT Analysis
Conclusion
Recommendation
References
 TOPIC LEARNING OBJECTIVES

After this report the learners will be able,

 To understand the purpose of R.A. No. 10389 and its

provision.

 To analyze the basis of granting Recognizance Act to the

detainee or accused.

 To distinguish the importance of R.A. No. 10389 in Criminal

Justice System.
 INTRODUCTION
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.
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. (Sec. 2 of R.A. No 10389)
 STRENGTH
 The law it self is a Strength.
- provided that it can help our Criminal Justice System to lessen
protracted trials, prolonged resolution of cases and congestion in jails
by granting this to accused or detainee. (law.ph, 2012)

 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. Moreover, Section 12 of the Act provides that the
release on recognizance shall not be allowed in favor of the accused
after the judgment has become final or when the accused has started
serving sentence.(law.ph, 2012)
 WEAKNESS
1. Duty of the Custodian.
- some custodian of this law
spend money, time and resources to
find the accused in a faraway place,
otherwise, he could go to jail as the
law give penalty of six months to two
years of imprisonment to those
custodian who fail to produce the
accused to the court, upon due
notice, without justifiable reason.
(Mariano, 2019)
2. Role of the Probation Officer.
- Upon the release of the person on
recognizance to the custodian, the probation office
is directed to monitor and evaluate the activities of
the person released on recognizance on a monthly
basis to determine whether or not the conditions
for his release have been complied with.
The office is diligently providing probationers with
all the benefits including a therapeutic community
program geared towards rehabilitation, but has no
control if they go back to their vices especially if
they live in the community where illegal drugs
proliferate, which will result in revocation of his or
her recognizance. (Mariano, 2019)
 WEAKNESS

3. Giving the Poor “More in Law”.

- In our criminal justice system, one kind of injustice, that
victimizes only the poor, happens every day whenever an
accused, who has the right to post bail to attain liberty during
the course of the trial of his criminal case, is not able to enjoy
such right because he cannot afford to post bail for his release.
This reality tramples upon the social justice mandate of our
Constitution and has caused great injustice to the poor,
especially those who are wrongly accused of the crime for
which they have been charged and arrested. (Ongkiko,2013)
 OPPORTUNITY

 Person Deprive of Liberty under Release on Recognizance can serve

its sentence outside the institution and can exercise his rights but
limited to the conditions imposed by the presiding judge. (law.ph,
2012)

 Person Deprive of Liberty under Release on Recognizance can live

with their family, can work to sustain their needs, undergo
therapeutic programs organized by Parole and Probation Office.
(law.ph, 2012)
 THREATS
1. 'Own Recognizance' Release.
- When a criminal suspect is
arrested, booked and granted
release on their "own
recognizance," or "O.R.," no bail
money is paid to the court and
no bond is posted. The suspect is
merely released after promising, in
writing, to appear in court for all
upcoming proceedings.
(findlaw.com, 2012)
2. Temptation to commit an offense
again.
- in the statement of Mariano,
Dumaguete City Chief of Parole and
Probation Office, according to her there
are number of incidents where a
probationer is re-arrested for committing
the same offense, in most cases allegedly
are selling illegal drugs. Such us the case
of probationer Mark Macalipay of
Barangay Calindagan who even reported
to the Parole and Probation Office the day
before he was caught allegedly selling
drugs last July 4. (pna.gov.ph, 2019)
 CONCLUSION

In conclusion, R.A. No. 10389, is another way to control

the congestion in jails through community based
correction and exercise the right of the accused not to be
detained by bail or recognizance. It also promotes the
right of presumption of innocence, equitability, and
fairness for all.
 RECOMMENDATION

 Provide the inclusion of Fragile health and/or advance age as

grounds for the release on recognizance of an accused.

 Provide training and seminars on qualified custodians to gain more

knowledge and skills.

 Raise funds and budget in behalf of the custodians for their

allowance in producing the probationer in court.
 REFERENCE

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
https://lawphil.net/statutes/repacts/ra2013/ra_10389_2013.html

Right to bail or Recognizance

https://batasnatin.com/law-library/political-and-public-international-law/constitutional-law/1
712-right-to-bail-or-recognizance.html

Factors and Conditions of "Own Recognizance" Release

https://www.findlaw.com/criminal/criminal-procedure/own-recognizance-release.html

The Recognizance Act of 2012: Giving the Poor “More in Law”

https://lexoterica.wordpress.com/2013/04/12/the-recognizance-act-of-2012-giving-the-poor-
more-in-law/
THANK YOU!!!!!