Lecture 4

RECOGNIZANCE (Release on Recognizance)

  • Older method of suspending judgment for good behavior.

  • Originated in England in the 14th Century.

  • Obligation or promise sworn under court order by an unconvicted person to keep the peace and behave well.

  • Requires the accused to appear for trial.

Present Nature of Recognizance in the Philippines

  • Guaranteed under the 1987 Philippine Constitution (Art. III, Sec. 13) and Revised Rules of Criminal Procedure (Sec. 15).

Laws Allowing Release on Recognizance (ROR)

  • Presidential Decree 968 (Probation Law):

    • Allows release if no bail is filed or if the defendant cannot file bail.

  • Child and Youth Welfare Code (PD 603, Art. 191):

    • Youthful offenders may be placed in DSWD care or released on recognizance.

  • Juvenile Justice and Welfare Act of 2006 (RA 9344, Sec. 35):

    • Court may order release of minors on recognizance.

  • Revised Rule on Children in Conflict with the Law (Sec. 25):

    • Children can be released to responsible guardians.

Qualifications for Release on Recognizance

  • Filipino citizen and resident for at least six months.

  • Offense not punishable by death or life imprisonment.

  • Lack of means to post bail.

  • More than 5 years since last conviction and demonstrated good behavior.

Disqualifications for Release on Recognizance

  • Considered a danger to the community.

  • Likelihood of flight from jurisdiction.

  • History of recidivism or escape from confinement.

  • Previous violations of bail or parole conditions.

HABEAS CORPUS

  • Writ demanding production of an imprisoned individual for court review.

  • Protects personal freedom against illegal detention.

  • Limited to cases of detention without proper cause or jurisdiction.

Extension of Habeas Corpus

  • Applies to all cases of illegal confinement (Sec. 1, Rule 102).

Authorities Granting Writ of Habeas Corpus

  • Supreme Court

  • Court of Appeals

  • Court of First Instance

CAUSES OF TOTAL EXTINCTION OF CRIMINAL LIABILITY (Art. 89 - RPC)

  1. DEATH OF CONVICT - Ends liability for crime.

  2. SERVICE OF SENTENCE - Liability extinguished after serving.

  3. AMNESTY - Total extinction of liability for political offenses.

  4. ABSOLUTE PARDON - Total removal of all criminal liability.

  5. PRESCRIPTION OF PENALTY - Loss of government’s right to punish after a period.

Juridical Conditions of Penalty

  • Must be personal, commensurate with the offense, legal, certain, equal for all, and correctional.

PRESCRIPTIVE PERIOD OF PENALTIES (Art. 92 - RPC)

  • Different rules for death, life imprisonment, correctional penalties, and light penalties.

COMPUTATION OF PRESCRIPTION OF PENALTIES

  • Begins when the convict evades serving the sentence.

PRESCRIPTION OF CRIME (Art. 90 - RPC)

  • State loses right to prosecute after a certain period for various offenses.

MARRIAGE OF OFFENDED WOMAN (Art. 344 - RPC)

  • Valid if contracted in good faith after the crime.

EXPRESS REPEAL OF PENAL LAW

  • If a new law states that criminal liability is extinguished.

CAUSES OF PARTIAL EXTINCTION OF CRIMINAL LIABILITY (Art. 94 - RPC)

  1. CONDITIONAL PARDON - Subject to compliance with conditions.

  2. COMMUTATION OF SENTENCE - Reduces penalty.

  3. GOOD CONDUCT ALLOWANCES (GCTA) - Reduces sentence time based on behavior.

Effects of GCTA

  • Deductions based on duration of imprisonment.

PAROLE & PROBATION

  • PAROLE: Conditional release under supervision.

  • PROBATION: Release after conviction with conditions imposed by the court.