Guidelines on the Reduction of Bond Liability
OCA Circular No. 100-06 establishes guidelines for the reduction of bond liability following an Order of Forfeiture in the Philippine courts. Judges may reduce or mitigate the liability of bondsmen only if the accused is either surrendered or acquitted. Additionally, judges are required to resolve motions for reconsideration from an Order of Forfeiture within 30 days and must provide clear reasoning for their decisions. Judges must also submit copies of their Orders of Forfeiture and the related motions for reconsideration to the Office of the Court Administrator. Strict adherence to these guidelines is mandated.
Law Information
- Reference Number
- OCA Circular No. 100-06
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
July 19, 2006
OCA CIRCULAR NO. 100-06
| TO | : | All Judges and Clerks of Court of the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts, Shari'a District Courts, Shari'a Circuit Courts |
| SUBJECT | : | Guidelines on the Reduction of Bond Liability |
In line with the policy of the Court to ensure the efficient and effective collection of liabilities under surety bonds and expedite the administration of justice, the Court sets forth hereunder the following guidelines:
1. Reduction of Bond Liability — Following an Order of Forfeiture, the Court may reduce or otherwise mitigate the liability of the bondsmen, PROVIDED, the accused has been surrendered or is acquitted. Only in these two instances may Judges reduce or mitigate the liability of the bondsmen. (RULE 114, SEC. 21)
2. All Judges shall resolve all motions for reconsideration filed by the bondsmen from an Order of Forfeiture within thirty (30) days from the time it is submitted for resolution. (RULE 37, SEC. 4)
3. An Order granting or denying a motion for reconsideration from an Order of Forfeiture must state clearly the reason for its grant or denial and specifying therein the facts and the law on which it is based.
4. Corollarily, all Judges shall furnish the Office of the Court Administrator a copy of their Order of Forfeiture and the motions for reconsideration submitted by the parties. IHEAcC
Strict compliance is hereby enjoined.
(SGD.) CHRISTOPHER O. LOCKCourt Administrator
Cite This Law
Guidelines on the Reduction of Bond Liability, OCA Circular No. 100-06, Jul 19, 2006 (Philippines)
Guidelines on the Reduction of Bond Liability, OCA Circular No. 100-06 (Phil. 2006)
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