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This web
page features the full text ofADMINISTRATIVE
CIRCULAR NO. 1-2000.
ADMINISTRATIVE
CIRCULAR NO. 1-2000SUBJECT:
DIRECTING TRIAL JUDGES TO FAITHFULLY OBSERVE OR IMPLEMENT THE LAST
PARAGRAPH
OF ARTICLE 29 OF THE
REVISED PENAL CODE, AS AMENDED.The
last paragraph of Article 29 of the Revised
Penal Code, as amended, reads as follows:chanroblesvirtuallawlibrary
"Whenever
an accused has undergone preventive imprisonment for a period equal to
or more than the possible maximum imprisonment of the offense charged
to
which he may be sentenced and his case is not yet terminated, he shall
be released immediately without prejudice to the continuation of the
trial
thereof or the proceeding on appeal, if the same is under review. In
case
the maximum penalty to which the accused may be sentenced is destierro,
he shall be released after thirty (30) days of preventive imprisonment."
There
are distressing reports that several accused awaiting the termination
of
their cases are languishing in jail beyond the duration of the possible
maximum imprisonment which may be imposed on them. Others might have
already
been sentenced but have remained in detention after fully serving their
sentence.
Accordingly,
all trial judges of court of the first and second levels are enjoined
to:chanroblesvirtuallawlibrary (1)
Conduct an accurate inventory of all criminal cases in their courts
indicating
therein for each case (a) the crime charged; (b) the possible maximum
imprisonment
for such crime; (c) the dates the information or complaint was filed;
(d)
whether the accused is bonded or detained; (e) if accused is detained,
the place of detention and the date the detention commenced; (f) the
date
of the arraignment; and (g) the current status of the case; and
(2)
Direct the wardens of jails or detention centers where the accused in
the
aforementioned cases are detained to submit status reports thereon
indicating
(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
his
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
committed
for preventive imprisonment.
(3)
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
lawful
ground or cause. The
Inventory should be submitted to the Office of the Chief Justice not
later
than 15 April 2000, copy furnished the Court Administrator.
The
Court Administrator shall see to it that this Administrative Circular
be
disseminated to all concerned. Manila,
17 February 2000.cralaw:red
[Sgd.]
HILARIO
G. DAVIDE, JR.Chief
Justice
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