Senate OKs bill on strengthening person’s right to post bail

MANILA, Philippines — The Senate has approved on third and final reading a bill that would strengthen the right of a detained  person to post bail.

Under the bill known as the  “Recognizance  Act of 2012,” a person in detention  may apply for recognizance after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal trial court in Cities and Municipal Circuit Trial Court.

It allows any person in custody or detention to be released on recognizance “only if the offense committed is not punishable by life imprisonment or death.”

“The bill upholds the right of a person to bail or to be released on recognizance as guaranteed by the Constitution,” Senator Francis “Chiz” Escudero, chairman of the Senate committee on justice and human rights,  said in a statement on Tuesday.

“There are detainees who languish in jails albeit qualified to bail simply because of abject poverty. Their inability to post bail bond deprives them of their guaranteed rights,” Escudero said.

“(The bill) seeks to address this aspect and other problems that the country’s criminal justice system faces,” the senator said.

It  would also address, he said,  setbacks in the Philippine justice system such as  case congestion and prolonged resolution of cases in different courts all over the country, lack of legal representation, congestion in jails, and the lack of opportunity to reform and rehabilitate offenders.

Under the bill, the detainees would be released to the custody of a qualified member of the barangay (village), city or municipality where the accused resides.

Detainees or accused may be disqualified under the following circumstances:

* They have made untruthful statements in their affidavits regarding their circumstances.

* They are recidivists, habitual delinquents

* Those who have previously escaped from legal confinements

* The accused had previously committed a crime while on probation, parole or under conditional pardon

* And there is the great risk that the accused may commit another crime during the pendency of the case.