 Republic Act No.

10707

AN ACT AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS

THE “PROBATION LAW OF 1976”, AS AMENDED

What is PROBATION?

It is a disposition under which a defendant, after conviction and sentence, is released

subject to conditions imposed by the court and to the supervision of probation officer.

Act No. 3326

An act to establish periods of prescription for violations penalized by special acts and municipal
ordinances and to provide when prescription shall begin to run
 Act No. 3326, provides:

 1. Offenses punished only by a fine or by imprisonment for not more than 1 month, or both,
prescribe after 1 year;

 2. Offenses punished by imprisonment for more than 1 month, but less than 2 years- after 4
years;

 3. Offenses punished by imprisonment for 2 years or more but less than 6 years- after 8
years;

 4. Offenses punished by imprisonment for 6 years or more- after 12 years;

 5. Offenses under Internal Revenue Law- after 5 years;

 6. Violations of municipal ordinances- after 2 months;
 7. Violations of the regulations or conditions of certificate of convenience by the Public
Service Commission- after 2 months.
 Republic Act No. 10389
 AN ACT INSTITUTIONALIZING RECOGNIZANCE AS A MODE OF GRANTING
THE RELEASE OF AN INDIGENT PERSON IN CUSTODY AS AN ACCUSED IN A
CRIMINAL CASE AND FOR OTHER PURPOSES
 RECOGNIZANCE
 Section 3. 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.
Abject - “miserable” , “hopeless” state.
Indigent - “poor”, “needy”.
 DUTY OF THE COURTS
Section 4. Courts shall use their discretion, in determining whether an accused should be
deemed an indigent even if the salary and property requirements are not met.

Requisites:
 The salary and property requirements are not met (exception: discretion of courts); and
 The capacity of the accused to support himself and/or his family or dependents.
 REQUIREMENTS FOR THE RELEASE
Section 6. The competent court where a criminal case has been filed shall by order of the
release of the person on recognizance to a qualified custodian: provided, that ALL of the
following are complied with: (ICIAN)

 Sworn declaration by the criminal of his indigency to post a cash bail or to post any
personal or real property for sureties as bail bond;
 Certification from the head of DSWD of the municipality where accused resides,
notifying that the latter is an indigent;
 The person in custody has been arraigned;
 The court has notified the city or municipal sanggunian (council) where the accused
resides of the application for recognizance
 D. resolution of the sangguniang bayan
Requisites: (CUrAVe) : crave*

 There is the notice of the SB upon receipt and act on the request for comments or
opposition within 10 days from receipt of the notice;
 Any motion for adoption of a resolution shall be considered as an urgent matter:
provided, that a special session shall be called if necessary;
 If the mayor, fails to act on said reso. Within 24 hours = deemed to have been acted
upon favorably (recognized);
 If mayor, disapproves the resolution, the latter shall be returned within 24 hours from
disapproval thereof to the SB officer or secretary who shall inform every member and
shall meet in special session within 24 hours from receipt of the veto or to override the
veto made by the mayor.
 Duty of the Custodian

Section 9. The custodian shall: (GEFoN)

  Guarantee the appearance of the accused whenever required by the court;
 Execute an undertaking before the court to produce the accused whenever required;
 Form part of the application for recognizance (the undertaking); and
 Be notified by the court whenever the presence of the accused is required.

NOTE: If custodian fails to deliver, without justifiable reason, a penalty of 6 months to 2 years
imprisonment shall be imposed.
 CUSTODIAN
Section 8. Except in RA 9344, the custodian of the person released on
recognizance must have the following qualifications: (GRABE)

 Person of good repute and probity (strong morale);

 A resident of the barangay, municipality, city where the applicant resides;
 Must not be a relative of the applicant within the fourth degree of consanguinity or
affinity; and
 Must belong to a church, academe, social welfare, health sector, cause-oriented groups,
charitable organizations, or orgs engaged in the rehabilitation of offenders duly
accredited by the local social welfare and development officer.
 AFTER RELEASE
Section 10. The court shall issue an order directing the Probation Office to monitor and
evaluate his activities on a monthly basis and shall submit a written report of the person
released on recognizance.

The prosecution including the private complainant shall be given a copy of such report.
 Arrest of a Person Released on Recognizance
Section 11. The court shall order the arrest of the accused who shall forthwith be placed
under detention, due to any of the following circumstances: (MACHa)
 If the court finds meritorious a manifestation made under oath by any person after a
summary healing, giving the accused an opportunity to be heard;
 If the accused fails to appear at the trial, without justification;
 If the accused is subject of a complaint for an offense involving moral turpitude and
the prosecutor or mayor recommends the arrest to the court; or
 If the accused committed an act of harassment (stalking, intimidating, vexing).
 Presidential decree no. 1829
 Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders
 OBSTRUCTION OF JUSTICE

 The crime or act of willfully interfering with the process of justice and law especially by
influencing, threatening, harming, or impeding a witness, potential witness, juror, or
 judicial or legal officer or by furnishing false information in or otherwise impeding an
investigation or legal process
 PURPOSE OF PD NO. 1829

 To discourage public indifference or apathy towards the apprehension and prosecution of

criminal offenders, it is necessary to penalize acts which obstruct or frustrate or tend to
obstruct or frustrate the successful apprehension and prosecution of criminal offenders.
 Penalty:

 The penalty of prision correctional in its maximum period, or a fine ranging from 1,000 to
6,000 pesos, or both.

 If any of the acts enumerated is penalized by any other law with a higher penalty, the
higher penalty shall imposed.
 Who may be charged:

 Any person, whether private or public, who committed the crime enumerated under PD.
1829.

 In case of public officials, in addition to the penalties provided, will also suffer perpetual
disqualification from holding public office.
 Acts punishable by PD 1829:
 Preventing witnesses from testifying or from reporting the commission of any offense or
the identity of the offender/s by means of bribery, misrepresentation, deceit, intimidation,
force or threats;
 Altering, destroying, suppressing or concealing any paper, record, document, or object to
impair its authenticity, or admissibility as evidence;
 Harboring or concealing, or facilitating the escape of, any person he knows or believes, to
have committed any offense, in order to prevent his arrest;
 Publicly using a fictitious name for the purpose of conceiling a crime, evading prosecution
or the execution of a judgment, or concealing his true name for the same purpose;
 Delaying the prosecution of criminal cases by obstructing the service of process or court
orders or disturbing proceedings;
 Making, representing or using any record, document, paper or object with knowledge of its
falsity and with intent to affect the course or outcome of the investigation of, or officials
proceeding;
 Soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from,
discounting, or impeding the prosecution of a criminal offender;
 Threatening or imposing a condition to another in order to prevent such person from
appearing in the investigation;

 Giving a false or fabricated information to mislead or prevent the apprehension of the

offender.