Republic of the Philippines General Santos City CHAMPIONS OFFICE OF THE SANGGUNIANG PANLUNGSOD
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 City Vice-Mayor & Presiding Officer Hon. Dominador S. Lagare III City Councilor Hon. Elizabeth B. Bagonoc City Councilor Hon. Ramon R. Melliza City Councilor Hon. Rosalita T. Nunez City Councilor Hon. Brix T. Tan City Councilor Hon. Arturo C. Cloma City Councilor Hon. Richard L. Atendido City Councilor Hon. Vivencio E. Dinopol City Councilor Hon. Marius Orlando A. Oco City Councilor Hon. Eduardo D. Leyson IV City Councilor Hon. Mario U. Empal City Councilor (Indigenous Peoples Representative) Hon. Rogelio D. Pacquiao 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: \m/ Ordinance No. 05, Series of 2015 Page 1 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