Can I Be Released Without Bail? Release on Recognizance

Recognizance is one of the four forms of bail listed in Rule 114, Section 1 of the Rules of Criminal Procedure. Republic Act No. 10389 explains it:

• It is for a person in custody for an offense who is unable to post bail due to abject poverty (Section 3).
• The court where the case was filed releases the accused to a qualified custodian from the barangay, city or municipality where the accused resides (Section 3).
• No cash, surety bond or property is needed.

The law says courts may treat a person as indigent even if the salary and property requirements are not met. They may also look at whether the accused supports a family or other dependents (Section 4).

Under Section 5, release on recognizance is a matter of right when the offense is not punishable by death, reclusion perpetua or life imprisonment, and the application is filed:

• before or after conviction by a Metropolitan, Municipal, Municipal Trial Court in Cities or Municipal Circuit Trial Court; or
• before conviction by the Regional Trial Court.

So a person charged with murder, which is punished by reclusion perpetua, does not have this right. See Is murder bailable?

Section 5 adds a separate rule. A person who has already been in custody for a period equal to or more than the minimum of the principal penalty for the offense charged shall be released on recognizance. Rule 114, Section 16 of the Rules of Court covers the same situation and lets the court choose between reduced bail and recognizance.

Section 6 lists what must be done before the court orders the release. The application is made by motion in the court where the case is pending.

1. Sworn declaration of indigency. The accused swears that he or she cannot post cash bail or offer property as security for a bail bond.
2. Certification of indigency from the social welfare office. It must come from the head of the social welfare and development office of the municipality or city where the accused actually resides.
3. Arraignment. The accused must already have been arraigned (formally read the charge in court and asked to plead).
4. Notice to the sanggunian. The court notifies the city or municipal council where the accused lives. The council has 10 days to comment or oppose, by resolution approved by the mayor, and recommends organizations from which the court may choose a custodian.
5. Documentation. The accused is photographed and fingerprinted. The law says the city or municipality pays the cost.
6. Hearing. The court notifies the prosecutor within 24 hours of the application. The hearing is held not earlier than 24 hours and not later than 48 hours after the prosecutor receives the notice.

Note the difference: a barangay certificate of indigency is a separate document. The law asks for the certification of the city or municipal social welfare office. Our barangay clearance guide covers barangay documents, which are not the same thing.

Section 8 says the custodian must:

• be of good repute and probity;
• live in the same barangay as the accused;
• not be a relative of the accused within the fourth degree of consanguinity or affinity; and
• belong to a church, school, social welfare or health group, a cause-oriented group, a charitable organization, or an organization that rehabilitates offenders, accredited by the local social welfare and development officer.

If no one in the barangay belongs to these sectors, the custodian may be a qualified resident of the city or municipality. Different rules apply to children in conflict with the law.

The custodian signs an undertaking to bring the accused to court whenever required (Section 9). A custodian who fails to produce the accused without justifiable reason may be imprisoned for six months to two years. After the release, a probation office monitors the accused and reports to the court every month (Section 10).

Under Section 7, the court may disqualify an accused who:

• made untruthful statements in the sworn declaration;
• is a recidivist, quasi-recidivist or habitual delinquent, or committed a crime aggravated by reiteration;
• escaped from confinement before, evaded sentence, or violated bail or recognizance conditions without valid reason;
• committed a crime while on probation, parole or conditional pardon;
• is likely to flee;
• poses a great risk of committing another crime while the case is pending; or
• has another pending case with the same or a higher penalty.

Recognizance is also not allowed after the judgment becomes final or once the accused starts serving the sentence. The exception is an accused who applies for probation before serving the sentence (Section 12). See Who can apply for probation?

Yes. Section 11 says the court shall order the arrest of the accused if, for example, he or she fails to appear in court without justification despite notice, harasses the complainant, prosecutor or witnesses, or is the subject of a complaint for another offense involving moral turpitude.

These are made-up examples. They are not advice for any real case.

Mario, a jobless father, is detained for theft and cannot pay the bail the court set. After his arraignment, his PAO lawyer files a motion for release on recognizance. Mario signs a sworn declaration of indigency, and the city social welfare office certifies that he is indigent. The court appoints a church volunteer from his barangay as custodian.

Liza brings only a barangay certificate of indigency. Under Section 6, the court also needs the certification of the city or municipal social welfare office.

Arnold wants his first cousin to be his custodian. Article 966 of the Civil Code counts a first cousin as four degrees away, so the cousin is a relative within the fourth degree and, under Section 8, cannot be the custodian.

To compare with paying bail, see How much is bail?

Right away. The application is a motion in court, with documents and a hearing within days. A lawyer can prepare the motion and present the indigency papers. For free legal help, see Free legal help in the Philippines for the Public Attorney's Office (PAO).