This web
page features the full text ofADMINISTRATIVE
CIRCULAR NO. 18-94.
ADMINISTRATIVE
CIRCULAR NO. 18-94
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.cralaw:red
In order to
obviate
this problem. The Court resolved to promulgate the following guidelines:chanrobles virtual law library
[1] All
Clerks
of Court of Regional Trial Courts all over the country (except those in
the National Capital Judicial Region) are hereby designated as Ex
Officio
Clerks of Court of the Sandiganbayan with the limited duty of receiving
Informations resulting from inquest investigations of offense
cognizable
by the Sandiganbayan which are conducted by authorized prosecutors
within
their territorial jurisdiction, and transmitting the same to the
Sandiganbayan
within five (5) days from the filing thereof.
[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.cralaw:red
[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.cralaw:red Strict
compliance is
hereby enjoined.
November
29, 1994.
[Sgd.]
ANDRES
R. NARVASAChief
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