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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.




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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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