last paragraph of Article 29 of the Revised
Penal Code, as amended, reads as follows:chanroblesvirtuallawlibrary
an accused has undergone preventive imprisonment for a period equal to
or more than the possible maximum imprisonment of the offense charged
which he may be sentenced and his case is not yet terminated, he shall
be released immediately without prejudice to the continuation of the
thereof or the proceeding on appeal, if the same is under review. In
the maximum penalty to which the accused may be sentenced is destierro,
he shall be released after thirty (30) days of preventive imprisonment."
are distressing reports that several accused awaiting the termination
their cases are languishing in jail beyond the duration of the possible
maximum imprisonment which may be imposed on them. Others might have
been sentenced but have remained in detention after fully serving their
all trial judges of court of the first and second levels are enjoined
Conduct an accurate inventory of all criminal cases in their courts
therein for each case (a) the crime charged; (b) the possible maximum
for such crime; (c) the dates the information or complaint was filed;
whether the accused is bonded or detained; (e) if accused is detained,
the place of detention and the date the detention commenced; (f) the
of the arraignment; and (g) the current status of the case; and
Direct the wardens of jails or detention centers where the accused in
aforementioned cases are detained to submit status reports thereon
(1) whether the accuse is serving his sentence; the title of the case;
the date the judgment was promulgated and the date he started serving
sentence; and (3) if merely under preventive imprisonment, the title of
the case, the crime for which he is detained, and the date he was
for preventive imprisonment.
Order the release from detention of any accused who is already entitled
to such release under the last paragraph of Article 29 of the Revised
Penal Code, or who has already served his sentence, as the case may
be, unless the release may not be warranted by reason of any other
ground or cause.
Inventory should be submitted to the Office of the Chief Justice not
than 15 April 2000, copy furnished the Court Administrator.
Court Administrator shall see to it that this Administrative Circular
disseminated to all concerned.
17 February 2000.cralaw