Lecture 4

RECOGNIZANCE (Release on Recognizance)

• Definition: An older method of suspending or deferring judgment for good behavior, originating from a practice in England in the 14th Century.

• Nature: Involves an obligation or promise, sworn under court order, by an unconvicted person to keep the peace and be of good behavior.

• Obligation Details: Represents a record before a court contingent on specific acts, primarily the accused’s appearance for trial.

Present Nature of Recognizance in the Philippines

• Constitutional and Legal Framework:

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

  • Revised Rules of Criminal Procedure (Sec. 15).

Laws Allowing Release on Recognizance (ROR)

• Presidential Decree 968:

  • States if no bail was posted or if the defendant cannot post bail, the court may release the defendant on recognizance to a responsible community member who guarantees their court appearance.

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

  • Allows for the release of youthful offenders on recognizance if unable to post bail, committing them to the care of the DSWD or local rehabilitation centers.

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

  • Defines three options for the court regarding detained children.

  • Section 25 of Revised Rule: Details on releasing children on recognizance to responsible guardians.

Qualifications and Requirements for Release on Recognizance

• Applicant must be a Filipino citizen, resident for at least six months prior to filing.

• The offense must not be punishable by severe penalties such as death.

• Must have no means to post bail, and five years must have passed since any prior conviction, with demonstrated good behavior.

Disqualifications for Release on Recognizance

• Considered a danger to the community.

• Likely to flee if released.

• History of recidivism, escape from confinement, or violation of bail conditions.

HABEAS CORPUS

• Definition: A writ demanding a public official present an imprisoned individual to court with valid reasons for detention.

• Purpose: Protects individuals from illegal restraints of liberty and provides judicial inquiry into infringements upon civil rights.

Extent of Habeas Corpus

• Extends to all cases of illegal detention (Sec. 1, Rule 102 of the Rules of Court).

Authority to Grant the Writ of Habeas Corpus

• Supreme Court, Court of Appeals, Court of First Instance can issue the writ.

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

1. Death of Convict: Automatically extinguishes criminal liability, as no one can serve the penalty.

2. Service of the Sentence: Completion of the sentence extinguishes criminal liability but not civil liability.

3. Amnesty: Official pardon that completely extinguishes criminal liability, especially for political offenses.

4. Absolute Pardon: Total discharge from criminal liability, restoring civil rights entirely.

5. Prescription of Penalty: Government loses the right to punish after a certain time due to non-enforcement of the final sentence.

Different Juridical Conditions of Penalty

• Must involve suffering, be proportional, personal, and legal. Must ensure equal treatment and focus on rehabilitation.

Prescriptive Period of Penalties (Article 92 of the RPC)

• Conditions for Computation: Period starts from the evasion of sentence service and can be interrupted by specific actions (surrender, capture, etc.).

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

1. Conditional Pardon: Requires adherence to conditions; non-compliance leads to revocation.

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

3. Good Conduct Allowances: Time subtracted from sentences for good behavior.

   • Special Time Allowance for Loyalty of Prisoner: Additional deductions for prisoners who surrender after calamities.

4. Parole: Conditional release maintaining some oversight by law. Non-compliance leads to automatic return to custody.

5. Probation: Release under court-imposed conditions supervised by a probation officer.