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    ジェン メトラン
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    This document outlines various modes of early release in the Philippine legal system. It discusses modes of early release that can occur before conviction or while a case is pending trial, including release on recognizance, motions to quash or dismiss, credit for preventive imprisonment, and demurrer to evidence. It also discusses modes of early release that can occur upon conviction, such as probation, parole or executive clemency, credit for time served, and transfer to other facilities. Additionally, it mentions modes that can occur both before and after conviction like release on bail and recognizance. Finally, it lists other modes like plea bargaining and provisions under the Juvenile Justice Act.

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    This document outlines various modes of early release in the Philippine legal system. It discusses modes of early release that can occur before conviction or while a case is pending trial, including release on recognizance, motions to quash or dismiss, credit for preventive imprisonment, and demurrer to evidence. It also discusses modes of early release that can occur upon conviction, such as probation, parole or executive clemency, credit for time served, and transfer to other facilities. Additionally, it mentions modes that can occur both before and after conviction like release on bail and recognizance. Finally, it lists other modes like plea bargaining and provisions under the Juvenile Justice Act.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    217 views8 pages

    Modes of Early Release Lecture Slide

    Uploaded by

    ジェン メトラン
    This document outlines various modes of early release in the Philippine legal system. It discusses modes of early release that can occur before conviction or while a case is pending trial, including release on recognizance, motions to quash or dismiss, credit for preventive imprisonment, and demurrer to evidence. It also discusses modes of early release that can occur upon conviction, such as probation, parole or executive clemency, credit for time served, and transfer to other facilities. Additionally, it mentions modes that can occur both before and after conviction like release on bail and recognizance. Finally, it lists other modes like plea bargaining and provisions under the Juvenile Justice Act.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    of 8

    MGA KAPARAANAN

    NG MAAGANG
    PAGLAYA
    (Modes of Early Release)
    I. Before conviction/pending trial.
    • 1. Release on Recognizance.
    • -RA 6036 (An Act Providing that Bail shall not, with certain exceptions, be required in case of
    Violations of Municipal or City Ordinances and in Criminal Offenses when the prescribed Penalty
    for such Offenses is not higher than Arresto Mayor and/or Fine of Two Thousand Pesos or both.
    • - Section 16, Rule 114 of the Rules of Court.
    • Section 16. Bail, when not required; reduced bail or recognizance. — No bail shall be required
    when the law or these Rules so provide.
    • When a person has been in custody for a period equal to or more than the possible maximum
    imprisonment prescribe for the offense charged, he shall be released immediately, without
    prejudice to the continuation of the trial or the proceedings on appeal. If the maximum penalty to
    which the accused may be sentenced is destierro, he shall be released after thirty (30) days of
    preventive imprisonment.
    • 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 a reduced bail or on his own recognizance, at the
    discretion of the court. (16a)
    2. Motion to Quash.
    • Rule 117 of the Rules of Court
    • Grounds:
    • Facts do not charged do not constitute an offense;
    • The court trying the case has no jurisdiction over the offense
    charged;
    • The court trying the case has no jurisdiction over the person
    of the accused;
    • The officer who filed the information had no authority to do
    so;
    • Information does not conform substantially to the prescribed
    form;
    • More than one offense is charged except when a single
    punishment for various offenses is prescribed by law;
    • Criminal action or liability has been extinguished;
    • Information contains averments which if true, would
    constitute a legal excuse or justification; and
    • The accused has been previously convicted or acquitted of
    the offense charged, or the case against him was dismissed
    or otherwise terminated without his express consent.
    3. Motion to Dismiss on the Ground of Violation of
    the Right to Speedy Trial;
    4. Demurrer to Evidence;
    5. Credit of Preventive Imprisonment(CPI/RA
    10592).
    II. Upon Conviction
    1. Probation – PD 968, as amended by RA 10707;
    2. Parole or Executive Clemency – Revised Rules & Regulations of the
    Board of Pardons & Parole;
    3. Credit of Preventive Imprisonment;
    - Good Conduct Time Allowance (GCTA);
    - Time Allowance for Studying;
    - Teaching and Mentoring (TASTM);
    - Special Time Allowance for Loyalty (STAL);
    4. Transfer to Other Facility.
    III. Before and After Conviction.
    1. Release on Bail.
    •Cash, Property and Surety Bond.
    2. Recognizance Act of 2012.
    IV. Other Modes
    1. Plea Bargaining
    2. Juvenile Justice and Welfare Act
    of 2006

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