13
MADAM PRESIDENT: Respectfully submitted: HON. VIVENCIO E. DINOPOL Councilor/ Presiding Officer SEVENTEENTH SANGGUNIANG PANLUNGSOD ) 87 TH REGULAR SESSION ) Author/Sponsor: Honorable Vice Mayor Shirlyn L. Bañas-Nograles (Principal Author); Councilor Vivencio E. Dinopol, Councilor Marius Orlando A. Oco; (Co-Authors) The Committee on Recognizance to which was referred this ordinance: RECOMMENDING APPROVAL FOR ITEM NO. 1 Date/s of Hearing: April 8, 2015 & April 22, 2015 SANGGUNIANG PANLUNGSOD GENERAL SANTOS CITY COMMITTEE REPORT NO. 17-294 Submitted by the COMMITTEE ON RECOGNIZANCE Re: SPPO NO. 2015-1060 has considered the same and has the honor to report it back to the August Body with the foregoing recommendation. TITLE SPPO NO. 2015-1060 : AN ORDINANCE ESTABLISHING GUIDELINES FOR THE IMPLEMENTATION OF RA 10389, OTHERWISE KNOWN AS THE RECOGNIZANCE ACT OF 2012, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES ( Hon. Shirlyn L. Bañas-Nograles - Author; Councilor Vivencio E. Dinopol Councilor Marius Orlando A. Oco, Councilor Rogelio D. Pacquiao - Co-Authors; Councilor Ramon R. Melliza and Councilor Rosalita T. Nuñez - Co-sponsors) APPROVED AS AMENDED ON COMMITTEE LEVEL, SUBJECT TO STYLE - FOR SECOND READING. WITH A MANIFESTATION THAT THE CITY VICE MAYOR BEING THE AUTHOR, COUNCILORS DINOPOL, OCO & PACQUIAO AS CO-AUTHORS WHILE COUNCILORS MELLIZA & NUÑEZ AS CO-SPONSORS. RECOMMENDATION Committee on Recognizance dated April 08, 2015 and April 22, 2015 1

SEVENTEENTH SANGGUNIANG PANLUNGSOD )spgensantos.ph/wp-content/uploads/2015/04/CR17_336.pdfSEVENTEENTH SANGGUNIANG PANLUNGSOD ) 87. TH. REGULAR SESSION ) ... The court has notified

  • Upload
    dangdat

  • View
    224

  • Download
    0

Embed Size (px)

Citation preview

Page 1: SEVENTEENTH SANGGUNIANG PANLUNGSOD )spgensantos.ph/wp-content/uploads/2015/04/CR17_336.pdfSEVENTEENTH SANGGUNIANG PANLUNGSOD ) 87. TH. REGULAR SESSION ) ... The court has notified

MADAM PRESIDENT:

Respectfully submitted:

HON. VIVENCIO E. DINOPOL

Councilor/ Presiding Officer

SEVENTEENTH SANGGUNIANG PANLUNGSOD )

87TH

REGULAR SESSION )

Author/Sponsor: Honorable Vice Mayor Shirlyn L. Bañas-Nograles (Principal Author); Councilor Vivencio E. Dinopol,

Councilor Marius Orlando A. Oco; (Co-Authors)

The Committee on Recognizance to which was referred this ordinance:

RECOMMENDING APPROVAL FOR ITEM NO. 1

Date/s of Hearing: April 8, 2015 & April 22, 2015

SANGGUNIANG PANLUNGSOD

GENERAL SANTOS CITY

COMMITTEE REPORT NO. 17-294

Submitted by the COMMITTEE ON RECOGNIZANCE

Re: SPPO NO. 2015-1060

has considered the same and has the honor to report it back to the August Body with the foregoing recommendation.

TITLE

SPPO NO. 2015-1060: AN ORDINANCE ESTABLISHING GUIDELINES FOR

THE IMPLEMENTATION OF RA 10389, OTHERWISE KNOWN AS THE

RECOGNIZANCE ACT OF 2012, PROVIDING FUNDS THEREFOR, AND FOR

OTHER PURPOSES ( Hon. Shirlyn L. Bañas-Nograles - Author; Councilor

Vivencio E. Dinopol Councilor Marius Orlando A. Oco, Councilor

Rogelio D. Pacquiao - Co-Authors; Councilor Ramon R. Melliza and

Councilor Rosalita T. Nuñez - Co-sponsors)

APPROVED AS AMENDED ON

COMMITTEE LEVEL, SUBJECT TO

STYLE - FOR SECOND READING.

WITH A MANIFESTATION THAT THE

CITY VICE MAYOR BEING THE

AUTHOR, COUNCILORS DINOPOL,

OCO & PACQUIAO AS CO-AUTHORS

WHILE COUNCILORS MELLIZA &

NUÑEZ AS CO-SPONSORS.

RECOMMENDATION

Committee on Recognizance dated April 08, 2015 and April 22, 2015 1

Page 2: SEVENTEENTH SANGGUNIANG PANLUNGSOD )spgensantos.ph/wp-content/uploads/2015/04/CR17_336.pdfSEVENTEENTH SANGGUNIANG PANLUNGSOD ) 87. TH. REGULAR SESSION ) ... The court has notified

Minutes-Committee on Recognizance Dated: April 22, 2015 Page 1

MINUTES OF THE COMMITTEE HEARING OF THE COMMITTEE ON RECOGNIZANCE OF THE 17TH SANGGUNIANG PANLUNGSOD OF THE CITY OF GENERAL SANTOS.

April 22, 2015 9:43 A.M. – 11:38 A.M.

SP Session Hall, 2/F Legislative Building, Roxas Avenue corner City Hall Drive, General Santos City

MEMBERS/COUNCILORS PRESENT: HON. VICE MAYOR SHIRLYN L. BAÑAS-NOGRALES, HON. VIVENCIO E. DINOPOL (CHAIR), HON. ROSALITA T. NUÑEZ, MNSA/ PH. D GUESTS/RESOURCE PERSONS: Please see attached attendance sheet:

The committee hearing was called to order by its chairperson, City Councilor Vivencio E. Dinopol to discuss the SPPO No. 2015-1060: AN ORDINANCE ESTABLISHING GUIDELINES FOR THE IMPLEMENTATION OF RA 10389, OTHERWISE KNOWN AS THE RECOGNIZANCE ACT OF 2012, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES. (Hon. Shirlyn L. Bañas-Nograles-Author)

At the outset, the chair stated that during the plenary if there are councilors who would

like to be a co-author, they will be included them. He said that they have already gone through committee hearings and probably this is the last committee hearing that they will be having because there might be some amendments. If there are some amendment then it will discuss today.

After Acknowledging the presence of everybody, City Vice Mayor Shirlyn L. Bañas-

Nograles stated that this is the second committee hearing being conducted but prior consultative meetings were done before involving different religious organizations and charitable institutions which were invited considering that possible custodians will be coming the aforesaid groups.

After relating briefly regarding the consultations meetings that were conducted, the

chair proceeded to tackle the aforesaid agendum and some provisions are accordingly amended thereto:

Section 1. Title. - NO AMENDMENT Section 2. Scope, Application and Exception. - NO AMENDMENT Section 3. Definition of Terms. - NO AMENDMENT

Section 4. Release on Recognizance as a Matter of Right Guaranteed by the Constitution. – NO AMENDMENT

REPUBLIC OF THE PHILIPPINES

SANGGUNIANG PANLUNGSOD GENERAL SANTOS CITY

Page 3: SEVENTEENTH SANGGUNIANG PANLUNGSOD )spgensantos.ph/wp-content/uploads/2015/04/CR17_336.pdfSEVENTEENTH SANGGUNIANG PANLUNGSOD ) 87. TH. REGULAR SESSION ) ... The court has notified

Minutes-Committee on Recognizance Dated: April 22, 2015 Page 2

For purposes of clarity, Judge Alano proposed to replace the phrase ‘under this Act’ into ‘by R.A. 10389’ hence, Section 5 has been amended to become: Section 5. Requirements. – The competent court where a criminal case has been filed against a person covered by R.A. 10389 shall, upon motion, order the release of the detained person on recognizance to a qualified custodian: Provided, that all of the following requirements are complied with:

a.) A sworn declaration by the person in custody of his/her indigency or incapacity either to post a cash bail or proffer any personal or real property acceptable as sufficient sureties for a bail bond;

b.) A certification issued by the head of the City Social Welfare and Development Office that the accused is indigent;

c.) The person in custody has been arraigned;

d.) The court has notified the Sangguniang Panlungsod of the application for recognizance;

e.) The accused shall be properly documented, through such processes as, but not limited to, photographic image reproduction of all sides of the face and fingerprinting.

f.) The court shall notify the public prosecutor of the date of hearing therefor within twenty-four (24) hours from the filing of the application for release on recognizance in favor of the accused: Provided, That such hearing shall be held not earlier than twenty-four (24) hours nor later than forty-eight (48) hours from the receipt of notice by the prosecutor: Provided, further, That during said hearing, the prosecutor shall be ready to submit the recommendations regarding the application made under this Act, wherein no motion for postponement shall be entertained.

APPROVED AS AMENDED, SUBJECT TO STYLE

Section 6. Disqualifications for Release on Recognizance. – NO AMENDMENT

Judge Alano further proposed an amendment in Section 7 to exclude the judges as members of the LRT-GSC thereby avoiding any possible biases on their part. After all, he argued that they will still act on the same in their official capacity as judges. However, the City Vice Mayor opined that they can still be invited as resource speakers in the LRT-GSC. Further, the last paragraph will also be deleted. Hence, upon the motion of Councilor Dinopol, the chair ruled as manifested and the same is now read as: Section 7. 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 - Chairperson, SP Committee on Recognizance Head, City Social Welfare and Development Office City Legal Officer City PNP Director or his duly authorized representative City BJMP Chief

Page 4: SEVENTEENTH SANGGUNIANG PANLUNGSOD )spgensantos.ph/wp-content/uploads/2015/04/CR17_336.pdfSEVENTEENTH SANGGUNIANG PANLUNGSOD ) 87. TH. REGULAR SESSION ) ... The court has notified

Minutes-Committee on Recognizance Dated: April 22, 2015 Page 3

City NBI Chief or his duly authorized representative IBP Head-Gensan Chapter or his/her duly authorized representative

Representative from the Public Attorney’s Office (PAO) Representative from the 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, However, the Chairperson may call a special meeting as

frequently as the need arises. 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 (SP) 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 may be provided

hereinafter by law.

APPROVED AS AMENDED, SUBJECT TO STYLE

Section 8. Procedures in the Filing of Application for Release on Recognizance. - NO AMENDMENT

Section 9. Evaluation Procedures to determine that an Accused is Indigent. – NO AMENDMENT

Section 10. Procedures in the Sanggunian on the Application for Release on Recognizance. – NO AMENDMENT

Section 11. Actions of the City when the Accused Applying for Bail on Recognizance is detained in Another City or Municipality. - NO AMENDMENT

For purposes of consistency on the qualifications of the Custodian, Judge Alano

postulated that the qualifications of the custodian belonging to those institutions as stipulated

in R.A. 10389 must distinct from those custodians who may not belong to the aforesaid

institutions as accredited by the CSWDO. In the last paragraph under Section 12, the chair

ruled for the deletion of the phrase or municipality where the applicant resides instead

replaced it with the phrase of General Santos, so that the same becomes:

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:

Page 5: SEVENTEENTH SANGGUNIANG PANLUNGSOD )spgensantos.ph/wp-content/uploads/2015/04/CR17_336.pdfSEVENTEENTH SANGGUNIANG PANLUNGSOD ) 87. TH. REGULAR SESSION ) ... The court has notified

Minutes-Committee on Recognizance Dated: April 22, 2015 Page 4

a.) A person of good repute and probity;

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 where the

applicant resides.

APPROVED AS AMENDED, SUBJECT TO STYLE

Under Section 13, Judge Renato V. Tampac proposed to delete the last paragraph considering that the same is already provided in RA 10389. Further, the good judge also emphasized that inasmuch as the imposable penalty by all LGUs under the RA 7160 is limited only up to six (6) months, such penalty provision may not be allowed under RA 7160. So that, it will now read as:

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.

APPROVED AS AMENDED

Section 14. Accreditation of NGOs/PO or Institution for Custodianship. – NO AMENDMENT

Under Section 15. Criteria and Documents in Aid of Evaluation a Custodian, Judge Alano introduced an amendment by adding another paragraph to become as “letter g. Any other document or evidence that may aid in the evaluation of the qualification of the custodian”, as he argued that might be documents which the custodian could submit which may aid the LRT in determining whether or not he or she is qualified even if some of these requirements were not complied. As moved by Honorable Dinopol, Honorable Vice Mayor Shirlyn-Bañas Nograles ruled the amendment approved, subject to style. Section 16. Custodian’s Monthly Report. - NO AMENDMENT Section 17. Duties of the Probation Officer. - NO AMENDMENT Section 18 was also amended by deleting the word, “chief” before the acronym, “BJMP” in letter ‘a’ of the second paragraph and as moved by Honorable Dinopol, the said amendment was considered.

APPROVED AS AMENDED In Section 19, the word, “fund” was inserted after the word, “calamity” before the word, “calamity, second paragraph of the same section. As suggested by Judge Alano, the

Page 6: SEVENTEENTH SANGGUNIANG PANLUNGSOD )spgensantos.ph/wp-content/uploads/2015/04/CR17_336.pdfSEVENTEENTH SANGGUNIANG PANLUNGSOD ) 87. TH. REGULAR SESSION ) ... The court has notified

Minutes-Committee on Recognizance Dated: April 22, 2015 Page 5

last paragraph of this section was deleted. After further deliberations, the said amendment was moved and was ruled approved as amended. Hence, it will now read as: Section 19. 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 (5) % calamity fund or to any other fund available in its treasury.

APPROVED AS AMENDED After further discussions, Section 20 was amended by changing the word, “Sangguniang Panlungsod” to “Local Chief Executive”. Thereupon the said amendment was moved and the same was ruled approved as amended in the committee level.

APPROVED AS AMENDED While, the discussions for this ordinance ended with the concern raised by Mr. Bello and the representative of International Care ministry where it was satisfactorily answered. But the Chair at this point solicited some piece of thoughts from the representatives of the different institutions and organizations who were present. Pastor Rene Rosa, a Seventh Day Adventist representative manifested, that as a social being they need to help support those who were convicted by law, and being a custodian a local guidelines for the R.A. 10389 is very laudable and an expedient part of this endeavor so that those who were incarcerated may have the chance to live a happy and peaceful life. Judge Alano allayed the fears of the prospective custodians present as regards to the imposition of penalties to custodians in case the inmate under their custody absconds. Mr. Bello likewise gave his thoughts in behalf of the Muslim sector that he represented. He manifested that it is certainly beneficial of having this law enacted in our city as this will help those accused indigents who have overstayed already in jail. Ms. Helenne Grace Pedias of International Care Ministry also expressed thanks for having this local ordinance and she committed to communicate and campaign the aforesaid law among the networks of pastors under their organization which the City Vice Mayor duly noted. Further, the chair said that indeed, the pastors have big responsibilities toward the spiritual transformation particularly of the accused. After having been recognized by the chair, the Batang Star Mindanao representative also shared his thoughts and said that they are willing to be a custodian particularly of those children in conflict with the law. At this juncture, Judge Alano corrected his previous manifestation as to penalty of the custodian. Further enlightenment was also given by Judge Tampac regarding the penalties in the MTCC and RTCC in the context of availing temporary release through a bail or by recognizance as matter of constitutional right.

Page 7: SEVENTEENTH SANGGUNIANG PANLUNGSOD )spgensantos.ph/wp-content/uploads/2015/04/CR17_336.pdfSEVENTEENTH SANGGUNIANG PANLUNGSOD ) 87. TH. REGULAR SESSION ) ... The court has notified

Minutes-Committee on Recognizance Dated: April 22, 2015 Page 6

Pastor Rosa gave his final say, the Chair said that this item be included in the plenary and hoped to also passed this on the third and final reading to become effective after the publication. The City Vice Mayor then requested the judges and other concerned agencies to assist in the conduct of seminars and in the information dissemination thereafter.

After expressing thanks, Honorable Dinopol moved that the proposed ordinance be approved as amended in the committee level, subject to style and to be calendared for second reading next Tuesday’s regular session, as the aforesaid measure is authored by Honorable Vice Mayor Shirlyn Bañas-Nograles, with Honorable Dinopol, Oco and Pacquiao as co-authors, Honorable Nuñez and Honorable Melliza as co-sponsors, with a manifestation requesting the staff to provide the members of the council of the amended copy of the ordinance with all its amendments being highlighted.

APPROVED AS AMENDED, SUBJECT TO STYLE- FOR SECOND READING

Finally, The City Vice Mayor also expressed thanks to the participants and she also stated that a revised copy of this law will be posted at the Sanggunian’s website which is www.spgensantos.ph.

With no more matters to discuss, Honorable Dinopol ruled the hearing adjourned at 11:38 in the morning.

HEARING ADJOURNED

Prepared by:

JERLYN F. MALUPA DINA B. MURING Stenographic Reporter III Stenographic Reporter III

Edited by: Noted by:

SERAPION L. BUENO, JR. LOLITA P. PEDRO Board Secretary II Division Chief, Journal & Minutes Division

Attested:

HONORABLE VIVENCIO E. DINOPOL City Councilor/Presiding Officer

Page 8: SEVENTEENTH SANGGUNIANG PANLUNGSOD )spgensantos.ph/wp-content/uploads/2015/04/CR17_336.pdfSEVENTEENTH SANGGUNIANG PANLUNGSOD ) 87. TH. REGULAR SESSION ) ... The court has notified

Minutes-Committee on Recognizance Dated: April 08, 2015 Page 1

MINUTES OF THE COMMITTEE HEARING OF THE COMMITTEE ON

RECOGNIZANCE OF THE 17TH SANGGUNIANG PANLUNGSOD, CITY OF

GENERAL SANTOS.

April 08, 2015, Wednesday 9:42 – 11:43 A.M.

SP Session Hall, 2/F Legislative Building, Roxas Avenue corner City Hall Drive, General Santos City

COUNCILORS PRESENT: HONORABLE VICE MAYOR SHIRLYN L. BAÑAS-NOGRALES (CHAIRPERSON) COUNCILOR VIVENCIO E. DINOPOL (CO-PRESIDING) & COUNCILOR MARIUS ORLANDO E. OCO GUESTS/RESOURCE PERSONS: (SEE THE ATTACHED ATTENDANCE SHEET)

The honorable City Vice Mayor Shirlyn L. Bañas-Nograles formally opened the committee hearing for the agendum, SPPO NO. 2015-1060: AN ORDINANCE ESTABLISHING GUIDELINES FOR THE IMPLEMENTATION OF RA 10389, OTHERWISE KNOWN AS THE RECOGNIZANCE ACT OF 2012, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES.

After having acknowledged the participants, the City Vice Mayor turned it over to Councilor Vivencio E. Dinopol, who is chairperson of the Committee on Recognizance.

Intending to abridge the title of the ordinance, it now becomes: AN ORDINANCE ESTABLISHING GUIDELINES FOR THE

IMPLEMENTATION OF RA 10389 IN THE CITY OF GENERAL SANTOS, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES.

Discussion went on and some provisions are accordingly amended thereto:

In Section 1. Title. – This section has been amended and read as:

Section 1. Title. - This Ordinance shall be known as “Local Guidelines for the Implementation of R.A. 10389”.

Under Section 2, Scope, Application and Exception, after the word ‘imprisonment’ the phrase ‘when the evidence of guilt is strong; 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.’

Further in Section 3, the terms ‘Committee on Recognizance’ and ‘In Custody of the Law’ had been added in the definition of terms as proposed by Judge Alano and the

REPUBLIC OF THE PHILIPPINES

SANGGUNIANG PANLUNGSOD GENERAL SANTOS CITY

Page 9: SEVENTEENTH SANGGUNIANG PANLUNGSOD )spgensantos.ph/wp-content/uploads/2015/04/CR17_336.pdfSEVENTEENTH SANGGUNIANG PANLUNGSOD ) 87. TH. REGULAR SESSION ) ... The court has notified

Minutes-Committee on Recognizance Dated: April 08, 2015 Page 2

same shall be arranged accordingly thereafter. The definitions as read of the aforesaid terms are: Committee on Recognizance - a formal committee created under the Sanggunian Panlungsod Office 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. 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. Sections 4. Release on Recognizance as a Matter of Right Guaranteed by the Constitution. – No amendment. Section 5. Requirements. – No amendment. Section 6. Disqualifications for Release on Recognizance – No amendment.

Under Section 6. The composition of the Local Recognizance Task Force of General Santos City (LRT-GSC) has been amended and will now read as: Section 7. The Local Recognizance Task Force of General Santos City (LRT-GSC)- a. There is hereby created a Local Recognizance Task Force of General Santos City (LRT_GSC), composed of the following:

Chairperson- City Vice Mayor

Members- Chairperson, SP Committee on Recognizance

Executive Judge-RTC

Executive Judge MTCC

Head, City Social Welfare and Development Office

City Legal Officer

City PNP Director or his duly authorized representative

City BJMP Chief

City NBI Chief or his duly authorized representative

IBP Head-Gensan Chapter or his/her duly authorized

representative

Representative from National Bureau of Investigation

Representative from the Public Attorney’s Office (PAO)

Representative from the 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 The LRT-GSC shall meet regularly. However, the Chairperson

may call a special meeting as frequently as the need arises. All

the members shall be given a formal notice and agenda not

later than three (3) days before the said special meeting;

Page 10: SEVENTEENTH SANGGUNIANG PANLUNGSOD )spgensantos.ph/wp-content/uploads/2015/04/CR17_336.pdfSEVENTEENTH SANGGUNIANG PANLUNGSOD ) 87. TH. REGULAR SESSION ) ... The court has notified

Minutes-Committee on Recognizance Dated: April 08, 2015 Page 3

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 (SP) 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 may be provided

hereinafter by law.

Section 8. Procedures in the Filing of Application for Release on Recognizance. – No Amendment.

In section 9, the criteria in evaluating the person’s state of indigency is also

provided and now read as:

Section 9. Evaluation Procedures to determine that an Accused is Indigent. - No Amendment. Section 10. Procedures in the Sanggunian on the Application for Release on Recognizance. - No Amendment.

An amendment has been made in Section 9 which now becomes Section 11. Actions to be undertaken when the Accused Applying for Bail on Recognizance is Detained in Another 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 of

Municipality, has applied to be released on recognizance.

a.) Within twenty-four (24) hours from such notice, the Chairperson

shall immediately convene the LRT-GSC to evaluate the application

of the Accused and to verify the documents relative to the aforesaid

application.

b.) 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. In such a case, the Sanggunian

Panlungsod shall issue a resolution objecting to the application to

be released on recognizance during its regular or special session, if

necessary.

c.) Upon the recommendation by the LRT-GSC, any resolution to be

approved under this ordinance shall be included by City Vice Mayor

in the agenda of priorities and thereafter notify each member of the

Page 11: SEVENTEENTH SANGGUNIANG PANLUNGSOD )spgensantos.ph/wp-content/uploads/2015/04/CR17_336.pdfSEVENTEENTH SANGGUNIANG PANLUNGSOD ) 87. TH. REGULAR SESSION ) ... The court has notified

Minutes-Committee on Recognizance Dated: April 08, 2015 Page 4

Sanggunian to meet in a special session within 24 hours from the

receipt thereof to approve or disapprove the same.

d.) 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 which shall act on it

within the same period of time 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 (24) hours from receipt

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

favorably by the mayor.

f.) 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.

g.) The Court shall set the hearing of the Motion for Release on Recognizance within forty-eight (48) hours after receipt of the resolution from the Sanggunian pertaining to the application of the Accused.

Section 12. Qualifications of the Custodian of the Person Released on Recognizance. – No Amendment. Section 13. Duty of the Custodian. – No Amendment.

A section pertaining the accreditation of the suitable custodians has been included

and shall become Section 14. Accreditation of NGOs/POs or institution 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. – No Amendment.

Section 16. Custodian’s Monthly Report. – No Amendment.

Being previously numbered as Section 12, the portion pertaining to the ‘Duties of

the Probation Officer’ becomes Section 17.

Another section pertaining to the supporting government agencies has been

included to become Section 18 accordingly.

Page 12: SEVENTEENTH SANGGUNIANG PANLUNGSOD )spgensantos.ph/wp-content/uploads/2015/04/CR17_336.pdfSEVENTEENTH SANGGUNIANG PANLUNGSOD ) 87. TH. REGULAR SESSION ) ... The court has notified

Minutes-Committee on Recognizance Dated: April 08, 2015 Page 5

Section 18. Supporting Government Agencies.

a.) 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.

The BJMP Chief 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.

b.) 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.

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 having been prioritized

shall then be forwarded to the City Social Welfare and Development

Office for evaluation whether the individual applicant is indigent.

Hence, the budgetary provision which was previously Section 13 will now become

Section 19 and to read as:

Section 19. 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 (5) % calamity or to any other fund available in its treasury.

Page 13: SEVENTEENTH SANGGUNIANG PANLUNGSOD )spgensantos.ph/wp-content/uploads/2015/04/CR17_336.pdfSEVENTEENTH SANGGUNIANG PANLUNGSOD ) 87. TH. REGULAR SESSION ) ... The court has notified

Minutes-Committee on Recognizance Dated: April 08, 2015 Page 6

Upon the recommendation, the City Government of General Santos may provide support to the custodians particularly in transporting the accused during court hearings.

In section 20, the phrase ‘of the’ after the word ‘integration’ has been inserted to

read as:

Section 20. Framework for Social Integration. – To properly prepare the social

integration of the accused who is released on recognizance, the Sangguniang

Panlungsod 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.

Section 21. Separability Clause. – No Amendment.

Section 22. Repealing Clause. – No Amendment.

In Section 23, the word ‘local’ was inserted before ‘newspaper’ to specify the

appropriate print media. Hence, it now reads as:

Section 23. Effectivity Clause. This Ordinance shall take effect fifteen (15) days

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

After thorough discussion, upon the motion of Councilor Oco, Councilor Dinopol

ruled that all amendments are approved on committee level and shall be accordingly

reflected therein, subject to style.

APPROVED AS AMENDED, SUBJECT TO STYLE

Thereafter, the City Vice Mayor manifested that Councilors Dinopol, Pacquiao and

Oco will be co-authors and expressed her gratitude to the participants. Upon the motion

of Councilor Oco, the committee chair adjourned the hearing at exactly 11:43 in the

morning.

ADJOURNED

Prepared by: Noted by:

SERAPION L. BUENO, JR. LOLITA P. PEDRO Board Secretary II Division Chief, Journal & Minutes Division

Attested:

HONORABLE VIVENCIO E. DINOPOL City Councilor/Presiding Officer