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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In a municipal trial court in Calbayog City, C is charged with a bailable offense. The court releases C on recognizance under Republic Act No. 10389, based on C's written undertaking to appear at all court dates and to comply with conditions including remaining within the province, surrendering his passport to the court, and reporting to the local police station for monitoring. On the date set for trial, C fails to appear and the court issues a warrant of arrest. (a) Identify the central doctrine governing recognizance and the controlling rule under RA 10389. (b) Discuss the possible remedial steps the court may take, including revocation of recognizance, re-arrest, or re-bonding, and any ethical considerations for the judge.

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Recognizance serves as a substitute for travel restrictions and monitoring, but non-appearance has no remedial consequences under RA 10389. Under RA 10389 recognizance is only available for non-bailable offenses, and thus the case must proceed with cash bail. Recognizance under RA 10389 is a conditional release based on the accused's written undertaking to appear and comply with conditions; non-appearance constitutes a breach justifying revocation of recognizance and issuance of a warrant, with possible re-arrest or re-bonding. RA 10389 requires the court to convert recognizance to cash bond immediately upon non-appearance, with no option for revocation or re-arrest.

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