Recognizance
Section 13. Justification of Sureties
BEFORE ACCEPTING A SURETY OR BAIL BOND,THE FOLLOWING
REQUISITES MUST BE COMPLIED WITH:
a. photographs of the accused;
b. affidavit of justification;
c. clearance from the Supreme Court;
d. certificate of compliance with Circular No. 66 dated September 19, 1996;
e. authority of the agent; and
f. current certificate of authority issued by the Insurance Commissioner
with a financial statement showing the maximum underwriting
capacity of the surety company.
NOTE: The purpose of requiring the affidavit of qualification by the
surety before the judge is to enable the latter to determine whether
or not the surety possesses the qualification to act as such,
especially his financial worth as required in the previous section.
Section 14. Deposit of cash as bail
The accused or any person acting on his behalf may deposit cash with
the nearest collector of internal revenue or provincial, city or
municipal treasurer the amount of bail fixed by the court or
recommended by the prosecutor who investigated or filed the case.
The trial judge has no authority to strictly require that only cash
bond, instead of a surety bond, be deposited for the provisional
release of the accused.
Section 15. Recognizance
RECOGNIZANCE
- It is an obligation of record, entered into before some court
or officer authorized to take it with a condition to do some
particular act, the most usual condition in criminal cases being
the appearance of the accused for trial.
The release of the accused may be on his own recognizance, which
means that he has become his own jailer. It may be to a
responsible person. Persons charged with offenses falling under
the Rule on Summary Procedure may be released either “on bail
or on recognizance of a responsible citizen acceptable to the court.”
Espiritu v. Jovellanos, A.M. No. MTJ-97-1139 (1997)
THE FOLLOWING ARE CASES WHERE THE COURT MAY ORDER
THE RELEASE ON RECOGNIZANCE OF ANY PERSON UNDER
DETENTION
a. when the offense charged is for violation of an ordinance, a light,
or a criminal offense, the imposable penalty of which does not
exceed 6 months imprisonment and/or P2000 fine, under the
circumstances provided in RA No. 6036
b. where a person has been in custody for a period equal to or more
than the minimum of the imposable principal penalty, without
application of the Indeterminate Sentence Law or any modifying
circumstance, in which case the court, in its discretion, may
allow his release on his own recognizance
c. where the accused has applied for probation, pending resolution
of the case but no bail was filed or the accused is incapable of
filing one
d. in case of a youthful offender held for physical and mental
examination, trial, or appeal, if he is unable to furnish bail
and under circumstances envisaged in PD No. 603 as amended.