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This web page
features the full text of
Memorandum Order
No. 19-2004
MEMORANDUM
ORDER NO. 19-2004
TO : ALL TRIAL JUDGES
SUBJECT: IMMEDIATE ISSUANCE OF RELEASE ORDERS OF PRISONERS
WHEREAS, the Constitution safeguards the right of all persons to a speedy disposition of their cases before all courts;
WHEREAS, despite the dismissal of their cases or their acquittal, a
number of accused remain detained for days, if not for weeks or even
months, because of the delay in the preparation, signing, or delivery
to the Bureau of Jail Management and Penology (BJMP) of an Order for
their release; and
WHEREAS, prisoners have the right to be released when (1) their cases
are dismissed for any valid reason; (2) they are acquitted by the
courts; or (3) they have undergone preventive imprisonment for a period
equal to or more than the possible maximum imprisonment penalty for the
offense charged to which they may be sentenced, but their cases are not
yet terminated. (Article 29, last paragraph, Revised Penal Code).
NOW, THEREFORE, all trial judges are directed:
1. To be ready with an Order of Release on the date set for the
promulgation of a decision acquitting the accused; or dismissing the
case and the dismissal amounts to an acquittal;
2. To sign the Order of Release immediately after the
promulgation of the decision of acquittal or of the order of dismissal
amounting to an acquittal; and
3. To direct the Sheriff or Process Server to forth with serve in
open court a copy of the Release Order to the BJMP escort of the
prisoner. The escort shall be under strict orders to deliver the
Release Order to the Jail Warden, who, in turn, shall immediately
enforce it subject to routinary verification of the prisoner’s other
pending cases, as well as the processing and recording of the
prisoner’s release.
This Memorandum shall take effect immediately. The Clerk of Court
shall cause its publication in the newspaper of general circulation in
the Philippines. The Court Administrator shall ensure compliance
therewith by all concerned.
Issued this 2nd day of April 2004
HILARIO
G. DAVIDE,
JR.
Chief
Justice
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