Release on recognizance

Dear PAO,

May I know the meaning of recognizance? I was advised that bail is no longer required when an accused was only charged with light offenses.

Norman

Dear Norman,

The answer to your query is found in the provisions of Republic Act (RA) 10389, otherwise known as the “Recognizance Act of 2012. Succinctly, Section 3 of the law defines recognizance as follows, viz:

“Section 3. Recognizance Defined. – Recognizance is a mode of securing the release of any person in custody or detention for the commission of an offense who is unable to post bail due to abject poverty. The court where the case of such person has been filed shall allow the release of the accused on recognizance as provided herein, to the custody of a qualified member of the barangay, city or municipality where the accused resides.”

Coincidentally with the said law, Rule 14 of the Rules on Criminal Procedure states that recognizance is a form of bail and maybe applied upon the concurrence of certain specific circumstances, to wit:

“Section 1. Bail defined. — Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance.

“Section 15. Recognizance. — Whenever allowed by law or these Rules, the court may release a person in custody to his own recognizance or that of a responsible person. (15a)

“Section 16. Bail, when not required; reduced bail or recognizance. — No bail shall be required when the law or these Rules so provide.

When a person has been in custody for a period equal to or more than the possible maximum imprisonment prescribe for the offense charged, he shall be released immediately, without prejudice to the continuation of the trial or the proceedings on appeal. If the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment.

A person in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged, without application of the Indeterminate Sentence Law or any modifying circumstance, shall be released on a reduced bail or on his own recognizance, at the discretion of the court. (16a) (Emphasis and underscoring supplied)

Notably, although the Rules of Criminal Procedure does not expressly provide that an accused in a crime involving light offenses may be released on recognizance, the Supreme Court through Administrative Circular Number 38- 2020 dictates that an accused maybe released on his/her own recognizance for crimes punishable by arresto menor, which is the penalty for light felonies, thus:

“4. For those charged with a crime punishable by arresto mayor or one (1) month and one (1) day to six (6) months, and arresto menor or one (1) day to thirty (30) days, they may be released on their own recognizance.”

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net