Amendment to Sec. 67 of General Orders No. 58 (Code of Criminal Procedure)

December 8, 1926

ACT NO. 3343

AN ACT TO AMEND SECTION SIXTY-SEVEN OF GENERAL ORDERS NUMBERED FIFTY-EIGHT, COMMONLY KNOWN AS THE CODE OF CRIMINAL PROCEDURE OF THE PHILIPPINE ISLANDS

SECTION 1. Section sixty-seven of General Orders Numbered Fifty-eight is hereby amended to read as follows:

"SEC. 67. All personal bail bonds must be executed by a written undertaking executed by at least two sufficient sureties (with or without the defendant, as the court in its discretion may demand) and duly acknowledged, in substantially the following form:

"A complaint (or information) having been filed on the ______ day of ___________________, 192____, in the court of _________________________, _____________________, Province of _________________, charging (name of defendant) with the offense of (designating it generally), and he having been admitted to bail in the sum of ______________________ pesos:

"Now, therefore, we, ______________________________ and ____________________, of __________________________, jointly and severally, hereby undertake that the above (naming the defendant) will appear and answer the charge above mentioned in whatever court it may be tried, and will at all times hold himself amenable to the orders and process of the court, and if convicted will appear for judgment, and render himself to the execution thereof; or if he fails to perform any of these conditions, that he will pay to the People of the Philippine Islands the sum of ________________________ pesos (inserting the sum to which the defendant shall be admitted to bail), for the payment whereof we encumber and constitute a first lien in favor of the said People of the Philippine Islands upon the real estate respectively owned by us and hereinafter described, to wit:

"(Of the bondsman _______________________)

"1. A piece of real estate consisting of ___________________, situated at _____________________, _______________________, Philippine Islands, bounded on the ____________________ by _____________________; on the _______________________ by _________________; on the _________________________ by _________________; and on the _________________________ by _______________________; of approximately _______________________ square meters; to which I, the aforesaid _________________________, have a clear and absolute title and which is at present free from encumbrance and not exempt from execution and is assessed at __________________ pesos, according to the official assessment receipt No. ________________________.

"(If the property is mortgaged or subject to a previous bond, state the exact amount of the encumbrance in order to determine what further encumbrance the property will stand.)

"(Of the bondsman ____________________)

"2. (Description similar to the foregoing one of the property of the other bondsman.)

"We further declare under oath that the properties above described have not heretofore been encumbered, mortgaged, or pledged as security for the provisional release of any accused person or the performance of any obligation of any kind. (If the property is encumbered, mortgaged, or subject to a previous bond, state the amount of the encumbrance in order to determine what further encumbrance the property will stand.)

"We hereby further bind ourselves by these presents to give the court at least five days' notice of any transfer or other disposition to be made of any of the properties above described, in order that the court can take such action as may be necessary to protect the interests of the Government.

"(Signed) _______________

"(Signed) _______________

"Subscribed and sworn to before me this _______ day of ______________, 192____, at __________________________, Philippine Islands.

"__________________

"_________________"

SECTION 2. This Act shall take effect on its approval.

Approved, December 8, 1926.