Lecture 4

RECOGNIZANCE (Release on Recognizance)

• An older method of suspending or deferring judgment for good behavior originating from 14th Century England.

• Obligation sworn to under court order, committing a person not yet convicted to keep the peace.

• Primarily conditions the appearance of the accused for trial.

Present Nature of Recognizance in the Philippines

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

• Mentioned in the Revised Rules of Criminal Procedure (Sec. 15).

Laws Allowing Release on Recognizance (ROR)

• Presidential Decree 968 - Probation Law: Allows court release on recognizance to a responsible community member if no bail is posted.

• Child and Youth Welfare Code: Provides conditions for youthful offenders who cannot post bail to be released on recognizance into the care of the DSWD or guardians.

• Juvenile Justice and Welfare Act of 2006: Similar provisions for children in conflict with the law.

• Revised Rule on Children in Conflict with the Law: Specifies release to responsible guardians or relatives.

Qualifications for Release on Recognizance

• Filipino citizen.

• Resident for at least six months prior to application.

• Offense not punishable by death, life imprisonment, or reclusion perpetua.

• Insufficient means to post bail.

• More than 5 years since last conviction with good behavior.

Disqualifications for Release on Recognizance

• Individual is a danger to the community.

• Risk of flight indicated.

• History as a recidivist, quasi-recidivist, or habitual delinquent.

• Previous escapes from legal confinement or bail violations.

• History of committing crimes under probation or parole.

HABEAS CORPUS

• A court order requiring a public official to produce an imprisoned individual and justify detention.

• Protects personal freedom from illegal restraint.

Scope and Limitations of Habeas Corpus

• Extends to all cases of illegal confinement affecting liberty.

• Limited as a post-conviction remedy if constitutional rights are violated, court lacks jurisdiction, or excessive penalties imposed.

Who May Grant the Writ

• Supreme Court

• Court of Appeals

• Court of First Instance

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

1. DEATH OF CONVICT: Extinguishes criminal liability, as no one can serve the penalty.

2. SERVICE OF SENTENCE: Automatic extinguishment post-serving, civil liability remains.

3. AMNESTY: Complete pardon granted for political offenses.

4. ABSOLUTE PARDON: Total extinction of liability, restoring civil rights.

5. PRESCRIPTION OF PENALTY: Loss of state’s right to punish after certain time.

Conditions for Prescription of Penalty

• Requires final judgment and passage of legally prescribed time.

PRESCRIPTIVE PERIOD OF PENALTIES (Art. 92 RPC)

• Categories of penalties with specific prescriptive periods.

• Starts when the convict evades sentencing.

Conditions Interrupting Prescription

• Surrender or capture of the convict.

• Leaving to a country without extradition treaty.

• Committing subsequent crimes.

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

1. CONDITIONAL PARDON: Obligation to comply with conditions to avoid revocation.

2. COMMUTATION OF SENTENCE: Reduction of penalty by the Chief Executive.

3. GOOD CONDUCT ALLOWANCES: Reduction of imprisonment time for good behavior.

4. PAROLE: Conditional release retaining some custody of law.

5. PROBATION: Release under court conditions and supervision.