Republic of the Philippines

General Santos City OFFICE OF THE SANGGUNIANG PANLUNGSOD

CHAMPIONS

EXCERPT FROM THE MINUTES OF THE 89 TH REGULAR SESSION OF THE 17TH

SANGGUNIANG PANLUNGSOD, CITY OF GENERAL SANTOS, HELD AT THE SANGGUNIANG PANLUNGSOD SESSION HALL ON TUESDAY, MAY 12, 2015.

PRESENT:

Hon. Shirlyn L. Barias-Nograles Hon. Dominador S. Lagare III Hon. Elizabeth B. Bagonoc Hon. Ramon R. Melliza Hon. Rosalita T. Nunez Hon. Brix T. Tan Hon. Arturo C. Cloma Hon. Richard L. Atendido Hon. Vivencio E. Dinopol Hon. Marius Orlando A. Oco Hon. Eduardo D. Leyson IV Hon. Mario U. Empal Hon. Rogelio D. Pacquiao

City Vice-Mayor & Presiding Officer City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor City Councilor (Indigenous Peoples Representative)

City Councilor (President, Liga ng mga Barangay)

ABSENT:

Hon. Franklin M. Gacal, Jr. City Councilor (OL) Hon. Shandee Theresa 0. Llido-Pestafio City Councilor (OL)

WHEREAS, the 1987 Philippine Constitution guarantees to every person the right to bail, except those charged with crimes punishable by death, reclusion perpetua, or life

imprisonment when the evidence of guilt is strong;

WHEREAS, in furtherance of the said Constitutional guarantee, R.A. 10389 was passed to institutionalize recognizance as a mode of granting the release of an indigent person in custody as an accused in a criminal case, except those charged with crimes

punishable by death, reclusion perpetua, or life imprisonment, before conviction by the Regional Trial Court, irrespective of whether the case was originally filed in or appealed to it, upon compliance with the requirements of said Act;

WHEREAS, the aforesaid law also provides that the Sanggunian shall act on the application for recognizance transmitted to it by the Courts in the form of a resolution and approved by the City Mayor;

WHEREAS, there is a need to establish guidelines for the proper implementation of this law in the City of General Santos and for reasons stated in R.A. 10389;

NOW, THEREFORE, on motion of City Councilor Rosalita T. Nunez, duly seconded by City Councilors Elizabeth B. Bagonoc and Ramon R. Melliza, be it-

RESOLVED, as it is hereby resolved to enact this Ordinance:

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ORDINANCE NO. 05 Series of 2015

AN ORDINANCE ESTABLISHING GUIDELINES FOR THE IMPLEMENTATION OF R.A. 10389, OTHERWISE KNOWN AS RECOGNIZANCE ACT OF 2012, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Hon. Shirlyn L. Barias-Nograles — Principal Author Hon. Vivencio E. Dinopol, Hon. Marius Orlando A. Oco, and

Hon. Rogelio D. Pacquiao — Co-Authors Hon. Rosalita T. Nuhez and Hon. Ramon R. Melliza — Co-Sponsors

Be it enacted by the Sangguniang Panlungsod of General Santos City that

Chapter I Title, Applicability and Definition of Terms

Section 1. Title. — This Ordinance shall be known as "Local Guidelines for the

Implementation of R.A. 10389'.

Section 2. Scope, Application and Exception. — This Ordinance shall apply to an indigent accused who is a resident of General Santos City and is under custody of the law, except those charged with offenses punishable by death, reclusion perpetua or life

imprisonment, those charged with offenses as a result of a military proceeding, and those charged in an extradition or deportation proceeding unless otherwise allowed by law.

Section 3. Definition of Terms. — For purposes of this Ordinance, the following terms shall be defined as follows:

a.) Accused — person in custody of the law being charge with a criminal offense.

b.) Bail — the security given for the release of the person in custody of the law, furnished by him/her or by a bondsman, to guarantee his/her appearance before any court.

c.) Committee on Recognizance — a formal committee created under the Sangguniang Panlungsod pursuant to Internal Resolution No. 2, Series of 2015, tasked with the expeditious resolution of issues and concerns relating with application of inmates/accused who are qualified to be released on recognizance under RA 10389.

d.) Custodian — a responsible member of the locality where the accused resides, whereupon tasked or appointed by the court to guarantee the appearance of the accused being released on recognizance whenever required by the aforesaid court.

e.) In Custody of the Law — a situation where the accused is placed in a confinement after a lawful arrest or a voluntary surrender of the accused.

f.) Indigence — a state of relative deprivation or incapacity of an individual to sufficiently meet his or her basic needs like food, health, education or housing and whose social condition categorically belongs to survival or subsistence level which thereby warrants the granting of release on

I. Ordinance No. 05, Series of 2015

Page 2

• recognizance upon issuance of certification by the duly authorized agency or office of the local government or other instrumentality of the national government.

g.) Inmate-applicant — a person in custody of the law who sought temporary release on recognizance as prescribed in RA 10389.

h.) Local Recognizance Task Force of General Santos City (LRT-GSC) — a multi-agency body created under this Ordinance primarily tasked to assist the Sangguniang Panlungsod in the expeditious processing and evaluation of applications for release on recognizance.

i.) Probation Officer — an officer from the Parole and Probation Administration under the Department of Justice (D0J) tasked to monitor the activities of the accused and his/her compliance with the conditions of his/her release on recognizance.

J.) Recognizance — is a mode of securing the release of any person in custody or detention for the commission of an offense who is unable to post bail due to abject poverty.

Chapter II Jurisdiction and Disqualifications

Section 4. Jurisdiction. — The inmate-applicant or any person on behalf of the accused shall file the application for release on recognizance:

a.) Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities and Municipal Circuit Trial Court; and

b.) Before conviction by the Regional Trial Court: Provided, that a person in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged, without application of the Indeterminate Sentence Law, or any modifying circumstance, shall be released on the person's recognizance.

Section 5. Disqualifications for Release on Recognizance. — Any of the following circumstances shall be a valid ground for the court to disqualify an accused from availing of the benefits provided under R.A. 10389:

a.) The accused had made untruthful statements in his/her sworn application for release on recognizance;

b.) The accused is a recidivist, quasi-recidivist, habitual delinquent, or has committed a crime aggravated by the circumstance of reiteration;

c.) The accused had been found to have previously escaped from legal confinement, evaded sentence or has violated the conditions of bail or release on recognizance without valid justification;

d.) The accused had previously committed a crime while on probation, parole or under conditional pardon;

e.) The personal circumstances of the accused or nature of the facts surrounding his/her case indicates the probability of flight if released on recognizance;

Ordinance No. 05, Series of 2015 ki( Page 3

o f.) There is a great risk that the accused may commit another crime during the

pendency of the case; or

g.) The accused has a pending criminal case that has the same or higher penalty to the new crime he/she is being accused of.

Chapter III Local Recognizance Task Force

Section 6. Local Recognizance Task Force of General Santos City (LRT-GSC). — a.) The Local Recognizance Task Force of General Santos City shall be created and composed of the following:

Chairperson: City Vice- Mayor

Members: Head, City Social Welfare and Development Office

City Legal Officer

City PNP Director or his/her duly authorized representative

City BJMP Chief

City NBI Chief or his/her duly authorized representative

IBP Head-Gensan Chapter or his/her duly authorized Representative

Representative, Public Attorney's Office (PAO)

Representative, Parole and Probation Administration

b.) The Local Recognizance Task Force of General Santos City (LRT-GSC) shall have the following duties and functions:

b.1 Meet regularly or as often as necessary as the need therefor arises upon the call of the Chairperson. All the members shall be given a formal notice and agenda not later than three (3) days before the said special meeting;

b.2 Develop rules and evaluation mechanisms to expedite the processes of determining the grant or denial of any application for release by an inmate-applicant pursuant to RA 10389;

b.3 Submit evaluation report on any application for release on recognizance to the Sanggunian Panlungsod at least one (1) day prior to the scheduled session to pass a resolution on the application for bail on recognizance; and

b.4 Exercise and perform such powers and functions as the order or law may hereinafter provide.

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Chapter IV Procedure in the Filing of Application

for Release on Recognizance

Section 7. Submission of Documentary Requirements. — A person in custody

of the law, or any person acting on his or her behalf, who wishes to be released on recognizance shall submit the following to the Local Recognizance Task Force of General

Santos City (LRT-GSC):

(1.) Application form with sworn declaration of indigency or incapacity either to post

a cash bail or proffer any personal or real property acceptable as sufficient

sureties for a bail bond;

(2.) Certificate of Indigency issued by the City Social Welfare and Development

Office (CSWDO);

(3.) Undertaking executed by the person or persons coming from the list of

accredited custodians showing his/her/their qualifications and responsibilities as

custodian of the inmate-accused;

(4.) Clearances from the Purok and Barangay where the inmate-applicant resides

before his/her custody of the law, certifying, among others, that the inmate-

applicant is an actual residence of said purok and barangay and that the

inmate-applicant has no derogatory record on file therein;

(5.) Clearances from PNP, NBI, Municipal Trial Court and Regional Trial Court of

General Santos City showing, among others, the past or pending criminal

records of the inmate-applicant, if there is any;

(6.) Clearance from Bureau of Jail Management and Penology certifying that the

inmate-applicant had not been found to have previously escaped from legal

confinement, evaded sentence or has violated the conditions of bail or release

on recognizance without valid justification;

(7.) Clearances from the Parole and Probation Administration certifying that the

accused has not previously committed a crime while on probation, parole or

under conditional pardon;

(8.) Court order showing that the inmate-applicant has been arraigned; and

(9.) Documents, through such processes as, but not limited to, photographic image

reproduction of all sides of the face and fingerprints of the inmate-applicant.

Section 8. Filing of Motion After Compliance of Requirements. — After

complying with the above requirements, an application in the form of Motion for Bail on Recognizance of the inmate-applicant may be filed in proper court where the criminal case is

pending.

(;)

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Chapter V Procedure in the Sangguniang Panlungsod

Section 9. Procedures in the Sanggunian on the Application for Release on

Recognizance. — Upon receipt of the formal notice from the court on the application for

release on recognizance, the Sangguniang Panlungsod shall act on such notice of application within ten (10) days from receipt. The action of the Sanggunian shall be in the form of a resolution duly approved by the City Mayor, and subject to the following conditions:

a.) The Sangguniang Panlungsod Committee on Recognizance shall be

responsible for the filing of an urgent resolution before the Sanggunian to

consider or recommend action on application for bail on recognizance,

verification of documents in support of the application, and secure the

evaluation report from LRT-GSC on the application.

b.) Any motion for the adoption of a resolution for the purpose of this Ordinance

duly made before the Sanggunian shall be considered as an urgent matter

and shall take precedence over any other business thereof: Provided, That a

special session shall be called to consider such proposed resolution if

necessary.

c.) The Sanggunian shall include in its resolution a list of recommended

organizations from whose members the court may appoint a custodian.

d.) The Secretary to the Sangguniang Panlungsod shall submit any resolution

adopted under this Ordinance within twenty-four (24) hours from its

passage to the City Mayor who shall act on it within the same period from

receipt thereof.

e.) If the City Mayor, or any person acting as such pursuant to law, fails to act

on the said resolution within twenty-four (24) hours from receipt thereof,

the same shall be deemed to have been acted upon favorably by the City

Mayor.

f.) If the City Mayor, or any person acting as such pursuant to law, disapproves

the resolution, the resolution shall be returned within twenty-four (24) hours

from disapproval thereof to the Office of the Sanggunian Panlungsod.

g.) The City Vice-Mayor or any person acting in his/her behalf shall be

responsible in informing every member thereof that the Sanggunian shall

meet in Special Session within twenty-four (24) hours from receipt of the

veto for the sole purpose of considering or overriding the veto made by the

City Mayor.

h.) The Secretary to the Sanggunian shall be responsible in securing any action

taken on the resolution submitted by the Sanggunian to the Office of the

City Mayor.

h 0

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I i.) The resolution of the Sanggunian shall be forwarded by the Secretary of

the Sanggunian to the trial court where the case of the inmate-applicant

is pending within three (3) days from date of passage of resolution.

Section 10. Actions of the City when the Accused Applying for Bail on Recognizance is Detained in Another City or Municipality. — Upon notification by the

court of competent jurisdiction, that an accused, who is a resident of General Santos City and detained in another City or Municipality, has applied to be released on recognizance:

a.) Within twenty-four (24) hours from receipt of notice from the court, the

City Vice-Mayor, or any person acting in his/her behalf, shall transmit the

notice to the LRT-GSC.

b.) Within twenty-four (24) hours from receipt of such transmittal, the LRT-

GSC shall convene to consider the application of the inmate-applicant

and verify the documents relative to the aforesaid application.

c.) The CSWDO shall also immediately proceed with its evaluation whether

or not the subject-accused is indigent, and if he/she has relative in

General Santos City. If the CSWDO cannot locate his/her relative in the

city and has no other means to find the actual residence of the accused,

the CSWDO may refuse to issue a Certificate of Indigency.

d.) Within seventy-two (72) hours from receipt of transmittal, the LRT-GSC

shall submit its final and complete evaluation and recommendation on

the application to the Chair of the SP Committee on Recognizance.

e.) Upon receipt of the recommendation from the LRT-GSC, the Chair of the

Committee on Recognizance shall immediately file the necessary

resolution on the application to the Sanggunian.

f.) Any resolution for consideration under this Ordinance shall be included in

the calendar of business of nearest date of holding its regular session

and shall be considered as an urgent matter, taking precedence over any

other businesses thereof: Provided, That, the City Vice-Mayor, or any

person acting in his/her behalf, shall notify each member of the

Sanggunian to meet in a special session for the sole purpose of

considering the application if necessary.

g.) The Secretary to the Sanggunian shall submit the resolution adopted

under this Ordinance within twenty-four (24) hours from its passage to

the Office of the City Mayor who shall act on it within the same period

from receipt thereof.

h.) If the City Mayor, or any person acting as such pursuant to law, fails to

act on the said resolution within twenty-four (24) hours from receipt

thereof, the same shall be deemed to have been acted upon favorably by

the City Mayor.

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i.) Upon receipt of the notice of disapproval of the resolution for

recognizance by the City Mayor, or any person acting as such pursuant

to law, the Sangguniang Panlungsod shall convene in a special session

within twenty-four (24) hours from notice thereof, to consider the veto

or override the same.

J.) Any resolution or final action to the application for release on

recognizance shall be transmitted by the Secretary to the Sanggunian to

the Court where case is pending within three (3) days from passage

thereof.

Chapter VI Evaluation of Indigency and Custodian

Section 11. Evaluation Procedures to Determine that an Accused is Indigent. — Pursuant to CSWDO Office Order No. 002, Series of 2008 entitled "Procedural Steps in the Identification & Classification of Sufficiency, Subsistence & Survival Level of Families in General Santos City", or any modification thereof as the law or order may hereinafter provide, the following bases shall be used in declaring an accused as indigent:

a.) CSWDO workers shall determine the actual expenses of the families

being assessed by adding all monthly expenses;

b.) Divide the monthly expenses by the number of family members to

determine the per capita expenses per member of the family;

c.) Determine all actual family income and add all income, including other

sibling's income.

d.) Divide by the number of family members to determine per capita income

per person;

e.) Based on the National Statistics Coordination Board (NSCB)/World Bank,

P50.00 per person per day is the per capita requirement of every person.

f.) Families with below P50.00 per capita income for each member is at

survival level.

g.) Families with P75.00 per capita income for each member is at

subsistence level.

h.) Families with over P75.00 per capita income for each member is at

sufficiency level.

Section 12. Qualifications of the Custodian of the Person Released on Recognizance. — Except in cases of children in conflict with the law as provided under Republic Act No. 9344, the custodian of the person released on recognizance must have the following qualifications:

a.) A perso -of good repute and probity;

Ordinance No. 05, Series of 2015 Page 8

b.) A resident of the barangay where the applicant resides;

c.) Must not be a relative of the applicant within the fourth degree of

consanguinity or affinity; and

d.) Must belong to any of the following sectors and institutions: church,

academe, social welfare, health sector, cause-oriented groups, charitable

organizations or organizations engaged in the rehabilitation of offenders

duly accredited by the City Social Welfare and Development Officer.

If no person in the barangay where the applicant resides belongs to any of the

sectors and institutions listed under paragraph (d) above, the custodian of the person

released on recognizance may be from the qualified residents of the City of General Santos.

Section 13. Duty of the Custodian. — The custodian shall undertake to guarantee the appearance of the accused whenever required by the court. The custodian shall be required to execute an undertaking before the court to produce the accused whenever required. The said undertaking shall be part of the application for recognizance. The court shall duly notify, within a reasonable period of time, the custodian whenever the presence of the accused is required.

Section 14. Accreditation of NGOs/POs or Institutions for Custodianship. —With the exception of the church and other religious organizations, a prospective custodian

shall be considered only if his/her organization/institution is duly accredited by the CSWDO. These organizations/institutions may come from the following sectors: church, academe, social welfare, health sector, cause-oriented groups, charitable organization/s or organization/s engaged in the rehabilitation of offenders.

Section 15. Criteria and Documents in aid of Evaluating a Custodian. — The following are the criteria and documents that may aid in evaluating the qualifications of a custodian:

a.) At least two (2) valid IDs to establish the legal identity of the custodian;

b.) Affidavit of undertaking to be executed by the prospective custodian

stating his/her willingness to observe the duties of a custodian as stated

in Section 9 of RA 10389;

c.) Certification issued by the proper barangay stating his or her place of

residence and reputation;

d.) Certification of membership of good standing issued by the duly

accredited organization or institution where the custodian belongs;

e.) Birth Certificate, and Marriage Certificate if applicable, of the custodian,

duly certified by the National Statistics Office (NSO), to determine, if any,

his/her degree of relationship, whether by consanguinity or affinity with

the applicant;

Ordinance No. 05, Series of 2015

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C

f.) Sworn statement of the custodian attesting to the fact that he or she is

not a relative within the fourth civil degree of consanguinity or affinity;

and

g.) Any document or evidence that may aid in the evaluation of the

qualifications of the custodian.

Section 16. Custodian's Monthly Report. — Upon appointment by the court of a custodian for a qualified applicant, the aforesaid custodian shall submit a brief monthly report to the Chairperson of the LRT-GSC regarding the whereabouts, relevant behavior or tendencies and actual social condition of the person released on recognizance under his or her custody. Further, the custodian shall present the accused to the probation officer-in-charge at least once a month or as may be required by the competent court of jurisdiction.

Chapter VII Support Government Offices

Section 17. (a.) Parole and Probation Administration. — The supervising

probation officer duly designated by the Probation Office shall visit and conduct personal interview to the accused and to any person within the community to gather facts and document the actual condition or personal circumstances of the accused and subsequently submit a separate written report to the Chairperson of the LRT-GSC, as prescribed in Section 10 of RA 10389 and pursuant to Section 11 of the PPA-DOJ internal guidelines for the implementation of RA 10389.

(b.) The Bureau of Jail Management and Penology (BJMP) - In the exigency of

service and in the interest of speedy facilitation of an application for recognizance

once the Court notifies the Sangguniang Panlungsod, the BJMP shall coordinate

and regularly submit in advance to the Local Recognizance Task Force of General

Santos City a certified list of qualified applicants for pre-evaluation to determine

the issues of qualification or disqualification.

(c.) The BJMP shall be responsible in coordinating with the National Bureau of

Investigation (NBI), Philippine National Police (PNP), Philippine Drug Enforcement

Agency (PDEA), Parole and Probation Administration (PPA) and other concerned

agencies to ensure that the prospective applicant has not committed any act which

would constitute as a ground for his/her disqualification to avail a temporary

release under the Recognizance Act as enumerated in Section 7 of R.A. 10389.

(d.) The NBI, PNP, PDEA, PPA and other concerned government agencies shall

extend the necessary support in checking the background of any prospective

applicant as requested by the BJMP and shall issue the necessary document

certifying as to the qualification/disqualification of the applicant.

(e.) Upon receipt by the City Vice-Mayor of the certified list of qualified applicants

from the BJMP, he/she shall immediately convene the LRT-GSC to discuss any

appropriate action on it. The LRT-GSC shall make a priority list from among the

certified list of qualified applicants giving priority action first for those who have

committed a lesser offense and going to the higher ones after. The certified list

Ordinance No. 05, Series of 2015

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having been prioritized shall then be forwarded to the City Social Welfare and

Development Office for evaluation whether the individual applicant is indigent.

Chapter VIII Budgetary and Personnel Requirements

Section 18. Budgetary Requirement. — For the effective implementation of this

Ordinance, the City Government of General Santos shall appropriate funds under a separate account and the Local Chief Executive, upon the recommendation of the LRT-GSC, may cause the reorganization, reassignment or hiring of additional personnel as may be determined by the respective department heads involved thereto.

As provided for in Section 6, paragraph e of RA 10389, the City Government of General Santos shall set a budget for the costs of documentation chargeable to the mandatory five percent (5%) calamity fund or to any other fund available in the city

treasury.

Chapter IX Social Integration

Section 19. Framework for Social Integration. — To properly prepare the social

integration of the accused who is released on recognizance, the Local Chief Executive may designate appropriate local office to develop programs that will help such accused to become useful and more productive citizen of the community by providing education through alternative learning systems, entrepreneurship through micro-financing or employment opportunities in partnership with the NGOs, academe, TESDA and other

national line agencies.

Chapter X Final Provisions

Section 20. Separability Clause. — If any provision of this ordinance or application of provision to any person is declared invalid or unconstitutional, all other provisions of this measure not affected by such declaration shall remain in force and effect.

Section 21. Repealing Clause. — All local laws and guidelines inconsistent with this

Ordinance are hereby repealed or amended accordingly.

Section 22. Effectivity Clause. —This Ordinance shall take effect fifteen (15) days

after publication in a local newspaper of general circulation within the city.

Enacted by the 17th Sangguniang Panlungsod, City of General Santos on its 89th

Regular Session held on May 12, 2015.

CERTIFIED CORRECT:

ATTY. ROSENDO A. ROQUE Secretary to the Sanggunian

Ordinance No. 05, Series of 2015

Page 11

ATTESTED BY:

SHIRLYN . BALES City Vice-Mayor and Presiding Officer

/1//

Approved by His Honor, the City Mayor onMAi 2 1 2°15, 2015.

RONNEL C. RIVERA City Mayor ..4.-

Ordinance No. 05, Series of 2015 Page 12