SEVENTEENTH SANGGUNIANG PANLUNGSOD ) SANGGUNIANG PANLUNGSOD ) 87. TH. REGULAR SESSION ) ... The court

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  • MADAM PRESIDENT:

    Respectfully submitted:

    HON. VIVENCIO E. DINOPOL

    Councilor/ Presiding Officer

    SEVENTEENTH SANGGUNIANG PANLUNGSOD )

    87TH

    REGULAR SESSION )

    Author/Sponsor: Honorable Vice Mayor Shirlyn L. Baas-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. Baas-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. Nuez - 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 &

    NUEZ AS CO-SPONSORS.

    RECOMMENDATION

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

  • 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. BAAS-NOGRALES, HON. VIVENCIO E. DINOPOL (CHAIR), HON. ROSALITA T. NUEZ, 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. Baas-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. Baas-

    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

  • 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

  • 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 Attorneys 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:

  • 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