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. FERNANDOChief
Justice
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