CIRCULAR NO. 04-2002
JUDGES AND JUDGES OF REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS,
MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURT AND MUNCIPAL
TREATMENT OF MINOR DETAINEES AND JAIL DECONGESTION.
WHEREAS, the 1987
Constitution affirms the duty of the State to promote and protect
physical, moral, spiritual, intellectual and social well-being of the
(Sec. 13, Art.
II, 1987 Constitution);
has long been recognized that youthful offenders should be afforded
treatment in our judicial system;
situation of jails in cities and other highly populous areas in the
is very pathetic;
immediate solution is necessary in order to protect the interest and
of prisoners, specially minor detainees, and to eradicate or at least
the congestion of jails in the country;
it is hereby directed that the following guidelines be observed:chanroblesvirtuallawlibrary
immediately, trial judges shall hold regular dialogues, conferences, or
visitations, in coordination with appropriate government agencies as
as the local chief executives, jail wardens, chiefs of police and
from social welfare office, at least once a month with the inmates in
jails in their respective territorial jurisdiction.
conferences or visitations shall be for the following purposes:chanroblesvirtuallawlibrary
the sufficiency or manner of safekeeping and reformation of prisoners,
especially minor detainees, as well as their proper accommodation and
to the number of detainees in jail, and provide for the segregation of
minors from the adult prisoners;
prisoners who are willing to plead guilty, if qualified, and to inform
them of the benefits granted by the provisions P.D.
No. 603 on suspended sentence of minors; and cralaw
order the release
from detention of any accused who is already entitled to be released
the last paragraph of Article 29 of the Revised
Penal Code, or who has already served his sentences, as the case
be, unless there lease is unwarranted by reason of any lawful ground or
with the provisions of R.A.
No. 8369 (An Act Establishing Family Courts) and its implementing
is hereby enjoined.
in the Family
Courts shall endeavor to assign specific days for the trial of
involving minor offenders tot he exclusion of criminal cases against
A periodic report of
such dialogues, conferences or visitations should be submitted to the
The Court Administrator
shall implement this Administrative Circular.cralaw
Circular shall take effect on 15 February 2002 and shall be published
a newspaper of general circulation before 10 February 2002.cralaw
day of February 2002.