Non-Institutional Correction: Midterm Week 1

• Non-Institutional Correction is the theme for Midterm Week 1

Topic Outline

• Key topics include temporary release of detained persons, detention, custodial centers, detention prisoners, the concept/purpose of bail, and forms of bail

Temporary Release of Detained Person

• If a person is arrested or deprived of liberty for allegedly committing an offense, they can use legal remedies
• These remedies are guaranteed by the constitution, statutes, and court rules
• Legal remedies include applying for bail, recognizance, or habeas corpus
• Even if already convicted or serving a sentence imposed by the trial court, a convict has legal avenues to regain liberty
• These avenues are pardon, amnesty, parole, and probation, all subject to the issuing authority's limitations and conditions

Detention Defined

• Detention, as defined by the Philippine National Police, is the restraint of personal liberty or deprivation of freedom of action
• A detainee is someone referred to by the Bureau of Jail Management and Penology (BJMP) as a person accused before a court or competent authority, temporarily confined while undergoing investigation, trial, or final judgment
• A detention prisoner is someone arrested for allegedly committing a crime or offense, by the arresting unit for custodial investigation
• Detention prisoners also include those arrested for heinous crimes or crimes against national security and high-profile crimes

Basis for Temporary Release

• The 1987 Philippine Constitution allows two modes for a person charged with an offense: Bail and release on recognizance
• Article III, Section 13 states that all persons are bailable by sufficient sureties before conviction, except those charged with offenses punishable by reclusion perpetua where evidence of guilt is strong
• Rule 102 of the Rules of Court provides habeas corpus as a remedy for unlawful restraint
• This rule is intended to free someone deprived of liberty
• Rules on bail are intended to implement the constitutional right to bail and are governed by Rule 114 or the 1985 Rules of Court, as amended

Definition, Concept, and Purpose of Bail

• Bail is the security given for a person's release in custody of the law, furnished by them or a bondsman
• It guarantees their appearance before any court, as required
• Bail can be in the form of corporate surety, property bond, cash deposit, or recognizance

Forms of Bail

• Corporate surety: Any domestic or foreign corporation, licensed as a surety and authorized to act, may provide bail jointly with the accused and an officer or the corporation
• Property bond: An undertaking constituted as a lien on real property given as security for the bail amount
• Upon bond approval, the court orders the accused to annotate the lien within 10 days on the original title with the Register of Deeds, if the land is registered
• If unregistered, annotation occurs in the Registration Book at the Register of Deeds office, with a tax declaration in the assessor's office
• Non-compliance can cancel the property bond and lead to re-arrest for detention
• Deposit of cash as bail: The accused, or someone acting on their behalf, can deposit cash with the internal revenue collector or the provincial, city, or municipal treasurer for the bail amount
• A proper certificate of deposit and a written undertaking showing compliance the Rule is needed
• The money deposited is considered bail and applied to pay any fine and costs; excess is returned to whoever made the deposit
• Recognizance: Release for someone unable to post bail due to poverty
• The court allows the accused's release on recognizance to a qualified member of the barangay, city, or municipality

Conditions of Recognizance

• The undertaking is effective upon approval, unless cancelled, and remains in force until judgment
• The accused must appear before the court when required and failure to appear without justification waives their rights
• The trial may proceed in absentia
• A bondsman must surrender the accused to the court for final judgment

Bail as a Right vs. Discretionary

• Before conviction, bail is a matter of right if the offense charged is punishable by any penalty lower than reclusion perpetua
• Post-conviction, the Regional Trial Court can use its discretion of an offense is not punishable by death, reclusion perpetua, or life imprisonment

Bail for Children in Conflict of the Law (CICL)

• All children in conflict with the law are admitted bail as a matter of right pending conviction of an offense not punishable by reclusion perpetua or life imprisonment
• No child charged with an offense punishable by reclusion perpetua or life imprisonment is admitted to bail if the evidence of guilt is strong
• The court will commit the child to a youth detention or rehabilitation center; where not available, to a provincial, city or municipal jail that is responsible for the appearance of the child whenever required

Bail Bond vs. Recognizance

• A recognizance is an obligation of record, entered into court or magistrate, with the condition to perform a particular act
• The appearance of the accused for trial is the usual condition in criminal cases and a recognizance does not require the signature of the accused

Recognizance as Mode of Release

• Recognizance is an older method of suspending or deferring judgment for good behavior based on an ancient practice developed in 14th century England
• It originated as preventive justice, involving an obligation or promise sworn to under court order by someone not yet convicted

Recognizance Defined (Children)

• Recognizance refers to an undertaking, assumed by a parent or custodian, who shall be responsible for the child's appearance in court when required per Sec. 4(p), R.A No. 9344

Law Allowing Detained Persons on Recognizance (ROR)

• Presidential Decree 968, Section 7 paragraph 2: The defendant may be allowed temporary liberty under his bail filed in the criminal case, when no bail was filed or that the defendant is incapable of filling one, the court may allow the release of the defendant on recognizance to the custody of the community who shall guarantee his appearance whenever required
• P.D. No. 603, as amended: The Child and Youth Welfare Code, if the youthful offender is unable to furnish bail, the youthful offender shall from the time for his arrest be committed to the care of the DSWD or the Local rehabilitation center or a detention home in the province or city which shall be responsible for his appearance in court whenever required, or the court may in its discretion, upon a youthful offender on recognizance, to the custody of his parents or other suitable person who shall be responsible for his appearance whenever required
• R.A. No. 9344 (Juvenile Justice Welfare Act of 2006): The court shall order the release of the minor on recognizance to his/her parents or other suitable person; the release of the child in conflict with the law on bail or the transfer of the minor to a youth detention home/ youth rehabilitation center
• Under the Revised Rules on Children in Conflict with the Law (CICL), SUPREME COURT A.M. No. 02-1-18 -SC, November 24, 2009, Section 25, The child shall be released to the custody of a willing and responsible mother or father, or appropriate guardian or custodian or in their absence, the nearest relative, who shall be responsible for the child's good behavior and appearance in court whenever required
• No child shall be ordered detained in jail pending trail or hearing of the child's case, subject to the provision of this Rule