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All Jurisprudence based

0 tracked cards Criminal Law

A is charged with a bailable offense. The prosecutor recommends release on recognizance under Republic Act No. 10389, and the trial court grants recognizance subject to these conditions: (i) A shall personally appear at all court dates; (ii) A shall not leave the territorial jurisdiction of the Philippines without prior written permission from the court; (iii) A shall refrain from committing any offense while on recognizance. Three weeks later, A travels within the Philippines from Manila to Cebu City to attend to a family matter, without informing the court. Upon learning of the travel, the court cancels A’s recognizance and issues a warrant for A’s arrest. Which statement is most accurate about recognizance under RA 10389 and the court’s action in this case?

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The proper remedy is for the court to impose a new condition requiring the accused to report travel plans in advance, rather than cancel recognizance. Leaving the Philippines without permission must involve international travel; domestic travel is not a ground for revocation. The court should have treated the travel as a violation of the 'not committing any offense' condition if the travel was to a place with crime risk, which would justify cancellation. Travel within the Philippines without informing the court does not violate the express 'leave the Philippines' condition; therefore revocation is improper, and recognizance should be reinstated.

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