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Affidavit of Own Recognizance SAMPLE

The individual undertakes to appear in court when required, not commit any crimes, comply with COVID protocols, and notify the court of any address changes to request release on their own recognizance while the criminal case continues.

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Deb Bie
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805 views2 pages

Affidavit of Own Recognizance SAMPLE

The individual undertakes to appear in court when required, not commit any crimes, comply with COVID protocols, and notify the court of any address changes to request release on their own recognizance while the criminal case continues.

Uploaded by

Deb Bie
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines)

City of _________ ) S.S.

AFFIDAVIT OF OWN RECOGNIZANCE

I, _____________________, Filipino, of legal age, single/married, and a resident


of ____________________, under oath depose and say:

1. I am charged with _____________________ before Branch __________ of the


____________ Trial Court of Cebu City, docketed therein as Criminal Case No.
_______________________, which is still pending to this day;

2. I have been detained in connection with the above-mentioned case since


_____________, or for an uninterrupted period of ______________ now, which is at
least equal to the minimum of the penalty prescribed by the above-mentioned law
for said offense, without application of the Indeterminate Sentence Law or any
mitigating, aggravating or modifying circumstance;

3. Under A.M. No. 12-11-2-SC (Guidelines for Decongesting Holding Jails by


Enforcing the Rights of Accused Persons to Bail and to Speedy Trial) issued by the
Honorable Supreme Court and OCA Circular No. 91-2020 issued by the Honorable
Court Administrator of said Court, an accused can be released motu proprio on
his-her own recognizance after service of the minimum of the imposable penalty;

4. Pursuant thereto, I am respectfully praying to the Honorable Court that I


be released on my own recognizance;

5. I am fully aware that should I be ordered released by the Honorable Court


on my own recognizance, such release is without prejudice to the continuation of
the proceedings of the above-mentioned case against me;

6. I hereby (a) undertake to be present before the Honorable Court


whenever required during the pendency of the above-mentioned case; (b) pledge
not to commit any crime/offense or violation of any rule/regulation issued by any
competent authority during my temporary liberty; (c) submit myself to the
protocols and procedures required by Executive Order No. 71, series of 2020,
issued by the Honorable Mayor of Cebu City on April 27, 2020; and (d) guarantee
my faithful compliance with all the conditions of my release;

7. I hereby undertake that I can be located at _____________________ and


contacted at _____________ ;

8. I hereby undertake that my nearest of kins are (a) _________________, who


can be located at ____________________ and contacted at ___________________, and
(b) ______________________, who can be located at ____________________ and
contacted at ____________;

9. I hereby undertake to notify the Honorable Court of any change of my


address/residence and contact number, as well as any or both of those of my
nearest of kins;

10. I hereby waived my right to be present in any and all the proceedings in
the above-mentioned case against me should I fail to appear before the Honorable
Court despite notice or subpoena, or should I fail to inform the Honorable Court of
any changes in my address and contact number and/or any or both of those of my
nearest of kins which may cause a failure of service of such notice or subpoena;
11. I hereby agree that the Honorable Court may cancel/revoke this
recognizance and cause my arrest and detention should I violate any of the
above-mentioned conditions, including my failure to appear as mentioned in
paragraph 10 thereof, or for any other lawful cause; and

12. I execute this Affidavit knowingly and voluntarily, the same having been
read and translated to me in a dialect/language known to and fully understood by
me, to attest to the truth of all the foregoing statements and/or declarations.

IN WITNESS WHEREOF, I have hereunto set my hand this


____________________ at Cebu City, Philippines.

___________________________
Affiant-accused
ID: ________________________

SUBSCRIBE AND SWORN to before me this ____ day of _______________, 2020


at Cebu City, Philippines. The above affiant personally appeared before me with
his/her identification document stated below his/her name and avowed under
penalty of law as to the truth of the foregoing document.

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