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MEMORANDUM CIRCULAR NO. 7.
[1983]
MEMORANDUM CIRCULAR NO. 7 
[1983]

TO:  ALL EXECUTIVE JUDGES OF THE REGIONAL TRIAL COURTS AS WELL AS ALL REGIONAL TRIAL JUDGES AND JUDGES OF THE MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS

SUBJECT:  VISITATION AND INSPECTION OF PROVINCIAL, CITY AND MUNICIPAL JAILS AND PROTECTION OF CONSTITUTIONAL RIGHTS.

The duty cast on Judges by Section 1730 of the Revised Administrative Code made applicable to Executive Judges by Administrative Order No. 6 of this Court dated June 30, 1975 call for faithful compliance. By way or reminder, Executive Judges are hereby directed "to hold court in the province, make personal inspection of the provincial jail as to the sufficiency thereof for the safe-keeping and reformation of prisoners, their proper accommodation and health, and shall inquire into the manner in which the same has been kept since the last inspection." [Section 1730]. After such visitation and inspection of the provincial, city and municipal jails and their prisoners within their respective jurisdiction, a monthly report of such visitation and inspection will be sent to the Court Administrator or an Acting Court Administrator, who shall forthwith forward a copy thereof to the Director of Prisons.cralaw:red

Moreover, this Court, in the exercise of its power of administrative supervision over inferior courts and in order to safeguard the constitutional rights of detained persons and insure their health and well-being while under detention, hereby directs Judges of the Regional Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts to visit and inspect, at least once a week, the provincial, city and municipal jails of their respective municipalities, giving special attention to the number of detainees in jail, the condition of the jail facilities like the provision for the segregation of sexes and of minors from the adult detainees or prisoners, whether the right of the accused and counsel to conduct their interview privately is being observed; whether, as aired in various complaints from the bar, lawyers are being harassed by requiring them to be photographed and finger-printed during such interviews; and other practices disadvantageous to accused persons and prisoners.cralaw:red

A monthly report of such visitation should be submitted to the Court Administrator or the Acting Court Administrator, who shall likewise forward a copy thereof to the Director of Prisons.cralaw:red

Strict compliance herewith is hereby enjoined.cralaw:red

December 13, 1984.

 
   

[Sgd.] ENRIQUE M. FERNANDO
Chief Justice 
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