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Ordinance 05 Series of 2015

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Ordinance 05 Series of 2015 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 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. Ordinance No. 05, Series of 2015 Page 4 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
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