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Bill exempting poor litigants from paying bail OK’d


MANILA, Philippines - A bill exempting poor litigants from having to post bail for non-capital offenses moved closer to becoming a law after being approved on third and final reading at the House of Representatives. House Bill 5523 covers litigants charged with non-capital offenses for the first time, and whose incomes fall below the poverty line of the National Economic and Development Authority (NEDA). The House of Representatives website said the bill also has the court automatically consider an accused as a poor litigant when his daily wage rate is lower that the prevailing wage rate implemented by the Metro Manila. Known as the "Poor Litigants Equalization Act of 2008," the bill shall release litigants on recognizance under such terms and conditions as the court may impose. In this way, the bill seeks to exempt poor litigants from posting bail on their first offense, provided the crime committed is not punishable by an imprisonment of not more than six years. Under the bill, recognizance can be made by a duly registered non-governmental organization, a faith based organization, a Barangay Official, a member of the Barangay Council for the Protection of Children, Department of Social Welfare and Development (DSWD) and the Local Social Welfare Development Officer. However, any poor litigant released on recognizance shall appear and present himself or herself before the court whenever required. Failure to do so without valid or reasonable grounds shall make him lose his rights ipso facto and would get him arrested. Rep. Joseph Gilbert Violago (Nueva Ecija), one of the bill's authors, said poor litigants always bear the brunt of the consequence of the crime committed. He said aside from shouldering the cost of expenses for litigation, they are deprived of their liberty if they are not able to post bail for their temporary liberty. "This bill is a relief for the poor litigant and his family from the burden of posting bail. By exempting them from posting bail, the amount they have to raise to secure their temporary liberty would then be available for other purposes such as food or clothing or medicines," he said. Violago said without the protection of the law, a poor litigant will scrounge for money in order to keep away from jail. As a consequence, he would not be able to make a living or find a job to support himself and his family. He said the enactment of the bill into law will provide the litigant equal protection of the law and enable him to exercise his right to temporary liberty which is enjoyed by persons convicted of a crime but who are granted pardon. "If probationary liberty is available to a person convicted of a crime punishable by imprisonment of not more than six years, why not to a person whose guilt is not yet proven beyond a reasonable doubt," he said. Other authors of the bill are Reps. Pangalian Balindong (Lanao del Sur), Giorgidi Aggabao (Isabela) Pablo Garcia (Cebu City), Matias Defensor (Quezon City) Jose Solis (Sorsogon), George Arnaiz (Negros Oriental) and Faysah Dumarpa (Lanao del Sur). - GMANews.TV
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