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TO: ALL EXECUTIVE JUDGES AND CLERKS OF COURT OF THE REGIONAL TRIAL COURTS [EXCEPT THOSE IN THE NATIONAL CAPITAL JUDICIAL REGION] SUBJECT: DESIGNATION OF CLERKS OF COURT OF REGIONAL TRIAL COURTS AS EX OFFICIO CLERKS OF COURT OF THE SANDIGANBAYAN. The attention of the Court has been called to the problem of prosecutors in the filing of Informations in certain cases cognizable by the Sandiganbayan. Presently, such Informations may be filed only in the Sandiganbayan with seat at Manila. The problem arises when an arrest without warrant occurs in a distant place making it physically impossible to file the Information with the Sandiganbayan within the reglementary period of detention under Article 125 of the Revised Penal Code. If the person arrested does not sign a waiver of the provisions of said article, the inquest prosecutor is oftentimes constrained to order the arresting officer to release the person arrested. In order to obviate this problem. The Court resolved to promulgate the following guidelines: [2] The Information shall be filed with the Clerk of Court of the Regional Trial Court whose territorial area includes the place where the crime was committed. The filing with the said Clerk of Court shall have the effect of such Information being filed directly with the Sandiganbayan. [3] The Executive Judge of the Regional Trial Court where the Information was filed is hereby authorized to approve the application of the accused for bail, except in offenses punishable by death, reclusion perpetua or life imprisonment, and to order his release from detention subject to further orders by the Sandiganbayan. The authority does not include the power to act in any motion for reduction of the amount of the bail recommended by the prosecutor. November 29, 1994. |
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