RECOGNIZANCE ACT Flashcards
Requirements for Recognizance
(Sec.6)
DACS
D- DSWD Certification that he is of person in custody
A- Arraignment
C- Court Notification
S- Sworn Declaration for Indigency or Incapacity
Time needed to submit Resolution
24 Hrs
Is Reso of SP/City/Municipality appealable?
No. Not subject to review.
How many days should SP forwart a copy to court?
3 Days
What should court do?
Notify Public Prosec of the date of hearing within 24 hrs of filinf Recognizance Application
What shall be submitted to court by SP?
Photo of all sides of face
Disqualifications for Release on Recognizance
Section 7
GF-PREPS
G- great risk to commit
another crime
F- Flight Probability
P- Pending Criminal Case
R-Recidivist/ Habitual
Delinquent
E-Escaped
confinement/Evaded
Sentence
P-Previously commited
Crime
S- Sworn Affidavit
Misrepresentations
Qualifications of Custodian
GRIN
G- Good Repute and
Probity
R- Resident of Brgy of applicant
I- Institution/Sector
membership
N- Not a relative within 4th
degree
Duty of Custodian
Guarantee appearance of accused whenever in court
Penalty if Custodian fails to deliver/produce accused before court
6 mos-2 yrs imprisonment
Role of Probation Officer
- monitor and evaluate activities
- written report with findings and recommendations
When court shall order arrest of accused?
(MFMH) When there is…
M- Meritorious Manifestation
F- Fail to appear in trial
M- Moral Turpitude
H- Harrass someone
Rule on Release After Judgment
No Release on Recognizance After Final Judgment or Commencement of Sentence
Exception to the Rule
Benefits of Probation Law if probation made before convict starts serving the sentence imposed
Recognizance Act of 2012
RA 10389
