Lecture 4

Page 1: Recognizance and Legal Framework

Release on Recognizance (ROR)

• An older method of deferring judgment for good behavior, developed in 14th century England.

• Involves a sworn promise under court order by an unconvicted individual to maintain peace and behavior.

• Primarily ensures the accused appears for trial.

Legal Basis in the Philippines

• Guaranteed by the 1987 Philippine Constitution (Art. III, Sec. 13).

• Revised Rules of Criminal Procedure (Sec. 15) also address ROR.

Laws Allowing ROR

• Presidential Decree 968 (Probation Law): Allows release on recognizance in presence of a responsible community member if no bail is posted.

• Child and Youth Welfare Code (Presidential Decree 603, Art. 191): Provides options for juvenile offenders unable to pay bail.

• Juvenile Justice and Welfare Act of 2006 (Republic Act 9344, Sec. 35): Specifies processes for releasing minors on recognizance.

• Revised Rule on Children in Conflict with the Law (Sec. 25): Large focus on guardianship and responsible custody upon release.

Qualifications for ROR

• Must be a Filipino citizen and resident for at least six months.

• The offense should not be punishable by death or life imprisonment.

• Must lack means to post bail and show good behavior if previously convicted.

Page 2: Disqualifications and Habeas Corpus

Disqualifications for ROR

• Danger to the community or risk of flight.

• History as a recidivist or previous non-compliance with bail conditions.

• Previous crimes committed while under supervision or probation.

Habeas Corpus

• Literally means "produce the body"; a writ demanding the release of a prisoner.

• Protects personal freedom and rights from illegal detention.

• Can address issues such as violations of constitutional rights, jurisdictional errors in sentencing, or excessive penalties.

Granting of Writ of Habeas Corpus

• May be granted by the Supreme Court, Court of Appeals, or Court of First Instance.

Page 3: Extinction of Criminal Liability

Total Extinction (Art. 89, RPC)

1. Death of Convict: Extinguishes criminal liability as punishment is personal.

2. Service of Sentence: Completion results in extinguishment, though civil liability remains.

3. Amnesty: Official pardon for political offenses, fully extinguishing criminal liability.

4. Absolute Pardon: Total removal of criminal repercussions and restoration of civil rights.

5. Prescription of Penalty: Loss of state right to punish after a set time post-final judgment.

   • Must have a final judgment and lapse of enforcement time.

Juridical Conditions of Penalty

• Must be legal, personal, certain, equal, and correctional.

Page 4: Prescriptive Period of Penalties

Prescriptive Periods Under Article 92 of RPC

• Art. 90 prescribes periods based on severity of the offense (death, life imprisonment, etc.).

Computing Prescription of Penalties

• Commences when the convict evades sentence and can be interrupted by various factors such as surrender or capture.

6. Prescription of Crime: Loss of the right to prosecute after a certain time.

Page 5: Causes of Partial Extinction of Criminal Liability

Partial Extinction (Art. 94, RPC)

1. Conditional Pardon: Relieves the convict under specific conditions, potential for revocation.

2. Commutation of Sentence: Reducing the penalty by the Chief Executive.

3. Good Conduct Allowances: Credits for good behavior can shorten sentences.

   • Special allowances granted for loyal actions during calamity.

Granting of Good Conduct Time Allowance (GCTA)

• Granted by the Director of Prison for adherence to rules.

• Varying deductions based on years of imprisonment served (e.g., 5 days for 2 years, etc.).

Page 6: Additional Concepts and Terminology

4. Parole: Conditional release from confinement, subject to law supervision and possible re-arrest for violations.

5. Probation: Release after conviction, supervised under court-imposed conditions.