Recognizance AM 12-11-2-SC RA 10389 HKJHHK

A.M. 12-11-2-SC
(March 18, 2014)
 re: Guidelines for Decongesting Holding Jails by Enforcing the
Rights of Accused Persons to Bail and to Speedy Trial;
 Sec. 5. Release after service of imposable penalty. –
The accused who has been detained for a period at least equal
to the minimum of the penalty for the offense charged against
him shall be ordered released, motu proprio or on motion and
after notice and hearing, without
prejudice to the continuation of the proceedings against him.
[Sec. 16, Rule 114 of the Rules of Court and Sec. 5 (b) of R.A.
10389]

Rule 114 of the Revised Rules of
Criminal Procedure
 A person in custody for a period equal to or
more than the of the principal penalty
prescribed for the offense charged, without
application of the Indeterminate Sentence Law
or any modifying circumstance, shall be
released on a reduced bail or
, at the discretion of the court.
(Section 16)

Recognizance Act of 2012
(Republic Act no. 10389)
 Release on Recognizance as
 The release on recognizance of any person in custody or detention for the
commission of an offense is
:
 It is a matter of right:
 Before or after conviction by the MeTC, MTC, MTCC and MCTC; and
 Before conviction by the RTC: 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.

 Sec. 6 Bail in offenses punishable by death, reclusion perpetua or life imprisonment
 The hearing of the accused’s motion for bail in offenses punishable by death, reclusion
perpetua or life imprisonment shall be summary, with the prosecution bearing the burden of
showing that the evidence of guilt is strong. The accused may at his option, if he wants the
court to consider his evidence as well, submit in support of his motion the affidavits of his
witnesses attesting to his innocence.
 At the hearing of the accused’s motion for bail, the prosecution shall present its witnesses
with the option of examining them on direct or adopting the affidavits they executed during
the preliminary investigation as their direct testimonies.
 The court shall examine the witnesses on their direct testimonies or affidavits they executed
to ascertain if the evidence of guilt of the accused is strong. The court’s question need not
follow any particular order and may shift from one witness to another. The court shall then
allow counsels from both sides to examine the witnesses as well. The court shall afterwards
hear the oral arguments of the parties on whether or not the evidence of guilt is strong.

 Within forty-eight hours (48) after hearing, the court
shall issue an order containing a brief summary of the
evidence adduced before it, followed by its conclusion
of whether or not the evidence of guilt is strong. Such
conclusion shall not be regarded as a pre-judgment on
the merits of the case that is to be determined only after
a full-blown trial.

The Right to a Speedy Trial
 Sec. 8- Observance of time limits – it shall be the duty of the trial court, the public
or private prosecutor, and the defense counsel to ensure, subject to the
excluded delays specified in Rule 119 of the Rules of Court and the Speedy Trial
Act of 1998, compliance with the following time limits in the prosecution of the
case against a detained accused:
 a. The case of the accused shall be raffled and referred to the trial court to which
it is assigned within three days from the filing of the information;
 b. the court shall arraign the accused within 10 days from tge date of the raffle;
 C. the court shall hold pre-trial conference within 30 days after arraignment or
within 10 days if the accused is under preventive detention; provided, however,
that where the direct testimonies of the witnesses are to be presented through
judicial affidavits, the court shall give the prosecution not more than 20 days
from arraignment within which to prepare and submit their judicial affidavits in
time for the pre-trial conference;

 d. after the pre-trial conference, the court shall set the trial of the
case in the pre-trial order not later than 30 days from the
termination of the pre-trial conference; and
 e. the court shall terminate the regular trial within 180 days, or
the trial by judicial affidavits within 60 days, reckoned from the
date trial begins, minus the excluded delays or postponements
specified in Rule 119 of the Rules of Court and the Speedy trial Act.

 Sec. 9- Dismissal on the ground of denial of the right to speedy trial- the
case against the detained accused may be dismissed on ground of denial of
the right to speedy trial in the event of failure to observe the above time
limits.
 Sec. 10- Provisional dismissal- (a) When the delays are due to the absence
of an essential witness whose whereabouts are unknown or cannot be
determined and, therefore, are subject to exclusion in determining
compliance with the prescribed time limits which caused the trial to exceed
180 days, the court shall provisionally dismiss the action with the express
consent of the detained accused.
 (b) When the delays are due to the absence of an essential witness whose
presence cannot be obtained by due diligence though his whereabouts are
known, the court shall provisionally dismiss the action with the express
consent of the detained accused provided:

1) the hearing in the case has been previously twice postponed due to non-appearance of the
essentialwitness and both the witness and the offended party, if they are two different persons,
have been given notice of the setting of the case for third hearing, which notice contains a warning
that the case would be dismissed if the essentialwitness continues to be absent; and
2) there is proof of service of the pertinent notices of hearingsor subpoenasupon the essential
witness and the offended party at their last known postal or e-mail addressesor mobile phone
numbers.
 Revival of cases provisionallydismissed – the one or two year period allowed for revivinga criminal
case that has been provisionallydismissed shall be reckoned from the issuance of the order of
dismissal.The dismissalshall become automaticallypermanentif the case is not revived within the
requiredperiod. Such permanent dismissalshall amount to an adjudicationof the case on the
merits.
 Sec. 15. Local Task Force Katarunganat Kalayaan –
 (a) the Court shall establish a Task Force Katarungan at Kalayaanin appropriateplaces for the
purpose of eliminating unnecessary detention. It shall be chaired by a RegionalTrial Court Judge,
with a Metropolitan or Municipal Trial Court Judge as vice-chairman,both to be appointed for a term
of 2 years by the Executive Judge of the place. The city or provincial prosecutor of the place or his
representative shall be members of the Task Force. The assistanceof the local Bureau of Jail
Managementand Penology and the Office of the Provincial Governormay be enlisted.

R.A. 10389
 AN ACT INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF
GRANTING THE RELEASE OF AN INDIGENT PERSON IN
CUSTODY AS AN ACCUSED IN CRIMINAL CASE AND FOR OTHER
PURPOSES
 Before or after conviction by the Metropolitan Trial Court,
Municipal Trial Court, Municipal Trial Court in Cities and
Municipal Circuit Trial Court; and
 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

Procedure and Requirements under RA
10389
 Upon , the court where a criminal case has been filed,
shall order the release of the detained person on recognizance
to a qualified custodian, provided that the following
requirements are attached:
 A either to post
a cash bail or proffer any personal or real property
acceptable as sufficient sureties for a bail bond;
 A issued by the head of the SWDO of
the municipality or city where the accused actually resides;

10389
;
where the accused resides of the application for
recognizance.
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

10389
 Procedure in the Sanggunian:
upon receipt and act on the request for
comments or opposition to the application within ten (10)
days from receipt of the notice.
, and shall be duly approved by the mayor, and
subject to the following conditions:

10389
Any motion for the adoption of a resolution for the
purpose of this Act duly made before the sanggunian
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
.

10389
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;
 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.

10389
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;

10389
For the purpose of this Act,
, a
copy of which shall be forwarded to the trial
court within three (3) days from date of
resolution.

Disqualifications for Release on
Recognizance under RA 10389
 The accused had made
;
 The accused is a , or has
committed a crime aggravated by the circumstance of ;
 The accused had been found to have from legal
confinement, evaded sentence or has violated the conditions of bail or
release on recognizance without valid justification;
 The accused had
;

Disqualifications for Release on
Recognizance under RA 10389
 The personal circumstances of the accused or nature of
the facts surrounding his/her case indicate the
;
 There is a
during the pendency of the case; and
 The accused which has the
same or higher penalty to the new crime he/she is being
accused of.

Qualifications of the Custodian of the Person
Released on Recognizance under RA 10389
 A person of ;
 A ;
of the applicant within the fourth
degree of consanguinity or affinity; and
 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 above,
of the person released on recognizance
where the
applicant resides.

 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 accused 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.

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
. 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.

A.M. 12-11-2-SC Sec. 16, Rule 114 of CrimPro Recognizance Act (RA 10389)
Applicability Any time before conviction Any time before conviction Any time before conviction
Coverage
All crimes /offenses, EXCEPT those
penalized by death, reclusion
perpetua, or life imprisonment
penalized by death, reclusion
perpetua, or life imprisonment
penalized by death, reclusion perpetua, or
life imprisonment
Condition
Served the minimum imposable
penalty
Served the minimum imposable
penalty
Detained / Indigent
Mode Own recognizance
on a reduced bail or on his own
recognizance, at the discretion of the
court
recognizance to a qualified custodian

INMATE’S ORIENTATION SHEET
 The Inmate's Orientation Sheet is a hand-out intended to provide you
with basic information you need to know and adhere to while under
our care. Thorough understanding and acceptance of the following
information will facilitate your journey in our “little community”.
BJMP is a line bureau under the Department of the Interior and Local
Government (DILG). Pursuant to R.A. 6975, as amended, it is
empowered to exercise supervision of all district, city and municipal
jails. The Jail Bureau is charged with a two-fold mandate, that is, to
safe keep and develop its clients –YOU– to become law-abiding,
productive and responsible members of our society,

YOUR RIGHTS AND RESPONSIBILITIES
While you are in this institution, the following are your RIGHTS:
1. You have the right to be treated as a human being and not to be subjected to corporal punishment. You have
the responsibility to allow your fellow inmates, visitors and staff enjoy the same rights.
2. You have the right to be informed of the rules and regulations governing the detention center. You have the
responsibility to obey such rules and regulations.
3. You have the right to adequate food commensurate to the Prisoner Subsistence Allowance (PSA) as well as
space and ventilation, rest and recreation. You have the responsibility to use the things allowed, the facilities and
equipment properly.
4. You have the right to avail of medical, dental and other health services readily available in the place you are
detained. You have the responsibility to inform and advise us of your health problems and to follow the prescribed
treatment.
5. You have the right to a visit by a lawyer or your counsel, medical doctor or religious minister anytime
subject to reasonable regulation. You have the responsibility to use the services of such counsel, medical doctor
or religious minister honestly and fairly.
6. You have the right to free exercise and enjoyment of religious professionand worship. You have the
responsibility not to do harm to others while doing religious rites and to respect others’ religious profession,
exercise or worship.
7. You have the right to vote unless disqualified by law. You have the responsibility to vote honestly, orderly
and peacefully.

YOUR RIGHTS AND RESPONSIBILITIES
8. You have the right to a separate detention facility or cells, particularly if you are a woman or a
CICL. You have the responsibilities
9. You have the right to a visit by your immediate family. You have the responsibilityto observe such
rules and regulations regardingjail visitation.
10. You have the right to communicate with your embassyor consulate if you are a foreigner.You
have the responsibilityto keep jail management informed of your transactions.
11.You have the right to refuse any interviewor to answer question/s asked by any member of the
media.
12. You have the right to be assisted by counsel at all times. You have the right to be informed of the
language known to and understoodby you, of your rights to remain silent and to have competent and
independent counsel, preferablyof your own choice, who shall at all times be allowed to confer with you
privately.If you cannot afford the services of your counsel, you must be providedwith a competent and
independent counsel.
13. You have the right to be informed of your right to demand physicalexamination by an
independent and competent doctor of your own choice. If you cannot afford the services of your own
doctor, you shall be provided by the state with a competent and independent doctor to conduct physical
examinationif needed. You and your immediate family shall also have the right to immediate access to
proper and adequate medical treatment.

YOUR PRIVILEGES AND RESPONSIBILITIES
1. You have the privilege to wear your own clothes while in confinement unless reasonable regulations
require you otherwise. You have the responsibility to observe and follow the prescribed dress code.
2. You have the privilege to send and receive mail subject to BJMP Rules and Regulations. You have the
responsibility to bear the expenses and to allow jail authorities to censor your things for contraband.
3. You have the privilege to receive books, letters, magazines, newspapers and other periodicals that the
jail authorities may allow. You have the responsibility to submit them for inspection.
4. You have the privilege to request free legal aid, if available. You have the responsibility to consult with
our paralegal officers so that proper coordination and arrangement can be made regarding the matter.
5. You have the privilege to sport hair in customary style. You have the responsibility to conform to our jail
rules for decency, health and sanitation.
6. You have the privilege to receive fruits and prepared foods. You have the responsibility to subject those
food stuffs to inspection and for approval of the jail officials.
7. You have the responsibility to maintain cleanliness of your cell and brigades or jail premises and
perform other works as may be necessary for hygienic and sanitary purposes. You have the responsibility not
to waste water and cleaning materials.

YOUR PRIVILEGES AND RESPONSIBILITIES
8. You have the privilege to avail of Good Conduct Time Allowance (GCTA) as
provided by law. You have the responsibility to coordinate with our staff regarding
this matter so that proper endorsement to that effect is made upon transfer to
BUCOR.
9. You have the privilege to use your funds for commissary and other
purchases, consistent with jail rules, institutional security and good order. You
have the responsibility to meet your financial obligations including payment of
personal or institutional property you have damaged.
10. You have the privilege to participate in our personal/spiritual enhancement
and recreational activities. You have the responsibility to participate sincerely and
solemnly

FOLLOWING ARE CONSIDERED MINOR OFFENSES:
1. Selling or bartering with a fellow inmate those items not classified as
contraband;
2. Rendering personal service to a fellow inmate and jail personnel; 3. Untidy or
dirty personal appearance;
4. Littering or failing to maintain cleanliness and orderliness in quarters or
surroundings;
5. Making frivolous or groundless complaints;
6. Taking the cudgels for or reporting complaints in behalf of other inmates;
7. Tardiness during formation for headcount without justifiable reasons;
8. Willful waste of food.

FOLLOWING ARE CONSIDERED LESS GRAVE OFFENSES:
1. Failure to report for work detail of sentenced inmates
without justifiable reason;
2. Failure to render assistance to an injured personnel or
inmates;
3. Failure to assist in putting out fires inside the jail;
4. Behaving improperly or acting boisterously during
religious, social and other group functions;
5. Swearing, cursing or using profane or defamatory
language directed at other persons;

FOLLOWING ARE CONSIDERED LESS GRAVE OFFENSES:
6. Malingering or pretending to be sick to escape work assignment;
7. Spreading rumors or malicious intrigues to besmirch the honor of any person, particularly to any BJMP
personnel;
8. Failure to stand at attention and give due respect when confronted by or reporting to any BJMP personnel;
9. Forcing fellow inmates to render personal service;
10. Exchanging uniforms or wearing clothes other than those issued for the purpose of circumventing jail
rules;
11. Loitering or being in an unauthorized place;
12. Using the telephone without the authority from the Desk Officer/ Warden;
13. Writing, defacing, or drawing on walls, floors, or any furniture or equipment;
14. Withholding informationwhich may be inimical or prejudicial to the jail administration;
15. Possession of lewd or pornographic literature or photograph;
16. Absence from cell, brigade, place of work during headcount, or at any time without justifiable reason; and
17. Failure to turn over any implement/article issued after work.

FOLLOWING ARE CONSIDERED GRAVE OFFENSES:
1. Making untruthful statements or lies in any official communication,transaction or investigation;
2. Keeping or concealing keys or locks of places in the jail which are off-limits to inmates;
3. Giving gifts, selling or bartering with jail personnel;
4. Keeping in possessionmoney, jewelry, cigarettes, cellular phones or other communication
devices or other items classified as contrabandunder the rules;
5. Tattooing others or allowing yourself to be tattooed on any part of the body, or keeping any
paraphernalia to be used in tattooing;
6. Forcibly taking or extorting money from fellow inmates and visitors;
7. Punishingor inflicting injury or any harm upon oneself or other inmates;
8. Receiving,keeping, selling, taking or drinking liquor and prohibiteddrugs;
9. Making, improvising or keeping any kind of deadly weapon;
10. Concealing or withholding informationon plans of attempted escapes;
11. Unruly conduct and flagrant disregardof discipline and instructions;
12. Escaping, attempting or planning to escape from the institution or from any guard;
13. Helping, aiding or abetting others to escape;
14. Fighting or causing any disturbance or participatingtherein and/or agitating fellow inmates to
cause such disturbanceor riot;

FOLLOWING ARE CONSIDERED GRAVE OFFENSES:
15. Indecent, immoral or lascivious acts by oneself or allowing oneself to be the subject of such
indecent, immoral or lascivious acts;
16. Willful disobedience to a lawful order issued by any BJMP personnel; 17. Assaulting any BJMP
personnel;
18. Damagingany governmentproperty or equipment;
19. Participating in any kangaroo court, an unauthorizedor irregularcourt conducted with disregardfor
or perversionof legal procedures as a mock court;
20. Affiliating with any gang or faction whose main purpose is to foment regionalismor to segregate
from others;
21. Engaging in gambling or in any game of chance;
22. Failingto inform the authorities concerned when afflicted with any communicable disease,such as
tuberculosis, sexually transmitted disease, etc. 23. Committing any act which is in violationof any law
or ordinance, in which case, you may be prosecuted criminally in accordance with law;
24. Committing any act prejudicialto good order and discipline; and
25. Engagingin illicit relationship with personnel

 =DISCIPLINARY BOARD
 The Disciplinary Board is tasked to investigate the facts of an alleged inmate’s infraction of jail rules
and regulations.It hears and decides cases referred to it within forty-eight (48) hours from receipt of
the case. In case there is no Disciplinary Board because the composition thereof is not feasible due to
personnellimitations, the Warden performs the Board’s functions as a Summary DisciplinaryOfficer.
In the hearing of disciplinarycases, the DisciplinaryBoard or the warden as the case may be is
provided with a procedure to follow. In any event, we assure you that you will be given the opportunity
to present your side before the disciplinaryboard or the warden may impose a sanction against you.
Take note that the following are the only disciplinary punishments allowed to be imposed by the
DisciplinaryBoard or the Warden, as the case may be:
 a. Reprimand;
 b. Temporary or permanent cancellation of some or all recreational privileges;
 c. Extra-fatigue duty for sentenced inmates;
 d. Close confinement in a cell (this will be imposed only on inmates who are incorrigibleand when
other disciplinarymeasures are proven ineffective);and
 e. Transfer to another BJMP jail in the area upon coordinationwith the proper court.

OUR PROGRAMS AND SERVICES
 We encourage you to avoid any trouble while under our care to avoid the above sanctions and instead
to spend your time on
 worthwhile activities in our programs and services specially designed for safety and development.
We have the Inmates Safekeeping Management Program (ISMP). This program is designed to
maintain order and safety in jail purposelyto keep you safe while under our ward. Each program has
severalservice lines that will cater to your needs. What we want you to keep interest on is to pursue
and participate with enthusiasm in our Inmates Welfare and DevelopmentProgram (IWDP). The
following are the service lines under this program:
 1.Provision of Basic Needs (Food, Shelter, Clothing)
 2.Health Services
 3.Livelihood Services
 4.Educational services
 5.Sports and Recreational Services
 6.Visitation Services
 7.Paralegal Services
 8.Religious Services

THERAPEUTIC COMMUNITY MODALITY PROGRAM
 This is a special program that employs a participative, groupbased
treatment approach to the personality disorders and complex emotional
and interpersonal problems. The program helps the inmates live
together as a community of concerned people with high expectations and
commitment that foster individual change and positive growth. If you join
the community, you and the other participants will help each other
discover and establish your self-worth, inherent talents and potentials.
The goal of the program is to help you gain the ability to return to the
mainstream of society and live a productive life. We wish and expect your
participation in this program

EARLY MODES OF RELEASES
 While under our care, along with our program to help you develop your personality and well-being in
preparationto your return to the fold of the community and in line with our paralegalservice, we are
constantly assistingyou to hasten the litigation process of your cases by coordinatingwith
concerned agencies and by providingyou guidance in the application of related laws for your early
release. You may apply for any of the following modes whichever you may best qualify for and benefit
from:
 1.Release on Recognizance
 2.Release on Bail
 3.Preventive Imprisonment(Art. 29 RPC as amendedby BP 85 and EO 214)
 4.ProbationLaw (P.D. 968)
 5.Parole
 6.Executive Clemency
 7.Such other modes that are lawful or that may thereafter be providedby law As always, we look
forward to the day you come to the end of your stay with this facility to face the life you once had
and enjoyed. We expect you to keep the lessons of the time you spend with us and go over them
once in a while as you face the world of free men.

Recognizance AM 12-11-2-SC RA 10389 HKJHHK

Recognizance AM 12-11-2-SC RA 10389 HKJHHK

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