MOTION FOR RELEASE ON RECOGNIZANCE 1

Republic of the Philippines

REGIONAL TRIAL COURT
___________Judicial Region
BRANCH ____
_______________

THE PEOPLE OF THE PHILIPPINES, Crim. Case No.

_____
Plaintiff

For: Viol of par. (a), Sec.

Versus
10, Art. VI, RA 76101

__________________________,
Accused.
x-----------------------------------------x

MOTION FOR RELEASE ON RECOGNIZANCE

With great respect, the accused, through the undersigned

counsel, moves the Honorable Court, and states that:

(1) Section 13, Article III, of the 1987 Constitution provides

that all persons, except those charged with offenses

ARTICLE VI
Other Acts of Abuse

Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial
to the Child's Development. –

(a) Any person who shall commit any other acts of child abuse, cruelty or exploitation
or to be responsible for other conditions prejudicial to the child's development
including those covered by Article 59 of Presidential Decree No. 603, as amended,
but not covered by the Revised Penal Code, as amended, shall suffer the penalty
of prision mayor in its minimum period.
(b) …
(c) …
(d) …
(e) …
MOTION FOR RELEASE ON RECOGNIZANCE 2

punishable by reclusion perpetua when evidence of guilt is

strong, shall, before conviction, be bailable by sufficient
sureties, or be released on recognizance as may be
provided by law.

(2) The applicable law is Republic Act No. 10389, otherwise

known as the “Recognizance Act of 2012.”

(3) The accused was arraigned on __________.

(4) The accused is a young female, and presently detained

at the ___________ Jail, only for this case. The penalty
for the crime is prision mayor in its minimum period. Before
her detention, she was a resident of __________.

(5) The accused was a student of the _________ in the City

of _______. Appended as Annex “1” is her latest picture.

(6) Since _______, she was not able to attend to her

school classes, because she was arrested and then
detained at the ______, and later transferred to the
__________.

(7) The bail for her temporary liberty was set at EIGHTY
THOUSAND PESOS (P80,000.00). She is an indigent. She
cannot post or reduce bail even through property bond,
cash bond, or surety.

(8) The accused was born on _______. As of this date, she is

twenty (20) years old. Appended as Annex “2” is her
Certificate of Live Birth.

(9) Appended as Annex “3” is the sworn declaration of

indigency executed by the accused.

(10) Appended as Annex “4” is the Certification of Punong

Barangay _________ of ___________, certifying that she
belongs to an indigent family.
MOTION FOR RELEASE ON RECOGNIZANCE 3

(11) Appended as Annex “5” is the Certificate of Indigency

issued by _____________, the Municipal Social Welfare and
Development Officer of ____________.

(12) There are many willing custodians who are willing and
qualified under Section 8, RA 10389. 2

(13) With prudence, the Sangguniang Bayan members of

_______ and the Mayor of ___________, were
already informed of this motion.3 They are willing to
issue a resolution to approve the said motion,
including the list of recommended custodians from
whom the court may appoint as custodian; and the
local chief executive will also act favorably on it.

(14) The annexes of this Motion are summarized, viz:

Annex Description

2 Section 8. 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:
(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 local social welfare and
development officer.

3 RULE IV PROCEDURES FOR RELEASE ON RECOGNIZANCE

Section 6. Release on Recognizance; Procedures - The following are the procedures for the release
of a person under recognizance:
a. A Motion for Release on Recognizance shall be filed before the proper court where the criminal case is
pending for the release on recognizance of the accused which shall be accompanied by a sworn declaration
of indigency or incapacity to post bail executed by the accused. In case of indigency, a Certificate of
Indigency issued by the Municipal or City Social Welfare and Development Office where the accused
resides must likewise be attached;

b. Upon receipt of the motion, the Court where the motion has been filed shall notify the public prosecutor
thereof within twenty-four (24) hours from its filing;

c. Within ten (10) days from receipt of the motion, the Court shall notify the appropriate city or municipal
sanggunian of the application for recognizance;

d. Within ten (10) days from receipt of the notice, the sanggunian concerned shall submit a comment or
opposition to the application. Any action of the sanggunian shall be in the form of a resolution. In case of
a favorable recommendation, the resolution shall include the documentation of the accused and a list of
recommended custodians; and

e. The Court shall set the motion for hearing within forty- eight (48) hours from receipt of the resolution.
MOTION FOR RELEASE ON RECOGNIZANCE 4

PRAYER

Wherefore, premises considered, it is most respectfully prayed that:

(a) upon receipt of the motion, the Court will notify the city
prosecutor within twenty-four (24) hours from its filing;

(b) Within ten (10) days from receipt of the motion, the Court
will notify the municipal sanggunian of ___________, of
the application for recognizance;

(c) The Court will set the motion for hearing within forty- eight
(48) hours from receipt of the resolution; and

(d) After due notice and hearing, to allow the accused to be

released on recognizance pending the trial of the case.

Other reliefs that are just and equitable are also prayed for.
____________. City of ____________.

By: Counsel

REQUEST AND NOTICE

ATTY. __________
The Clerk of Court
REGIONAL TRIAL COURT, _________
Hall of Justice, _____________________________
MOTION FOR RELEASE ON RECOGNIZANCE 5

Greetings.

Please submit the above motion before the Honorable Court, so that:

(a) It will notify the city prosecutor within twenty-four (24) hours from its
filing; and

(b) It will require the Sangguniang Bayan of _______________, to

recommend a resolution, or issue a comment, to this motion; and for
their local chief executive to take action to the comment or the
resolution.

Thank you.

Hon. Prosecutor ___________________________

Office of the City Prosecutor
____________________________

Greetings. Please be informed that the undersigned counsel filed this

motion, for the appropriate action of the Honorable Court. Thank you.

_________________________
Attorney II

CC:

Hon. Prosecutor _____________________

Office of the City Prosecutor
________________________