OCA Circular No. 91-2020 addresses the urgent need to alleviate congestion in Philippine detention facilities amidst the COVID-19 pandemic, emphasizing the rights of Persons Deprived of Liberty (PDLs) to bail and a speedy trial. Judges are reminded to adhere to guidelines for releasing detainees who have served at least the minimum penalty for their offenses, allowing for their release on recognizance. The circular also outlines provisions for the provisional dismissal of cases when essential witnesses are absent, provided certain conditions are met. Judges are directed to promptly inventory pending cases and act on motions for recognizance or provisional dismissal, facilitating the urgent processing of these matters.
April 20, 2020
OCA CIRCULAR NO. 91-2020
| TO | : | All Judges of the First and Second Level Courts |
| RE | : | Release of Qualified Persons Deprived of Liberty |
Considering the continuing congestion of detention facilities nationwide and the consequent high risk of Persons Deprived of Liberty (PDLs) being afflicted with COVID-19, "[t]here is a need to effectively implement existing policies laid down by the Constitution, the laws and the rules respecting the accused's right to bail and to speedy trial in the context of decongesting our detention jails and humanizing the conditions of detained persons pending the hearing of their cases," as provided in the Resolution of the Court en banc in AM. No. 12-11-2-SC dated 18 March 2014.
Accordingly, ALL JUDGES of the first and second level courts are hereby REMINDED to ADHERE to the Guidelines for Decongesting Holding Jails by Enforcing the Rights of the Accused Persons to Bail and to Speedy Trial (Guidelines); as prescribed in the above Resolution of the Court en banc, particularly Sections 5 and 10 thereof, quoted herein, as follows:
"Sec. 5.Release after service of minimum imposable penalty. — The accused who has been detained for a period of at least equal to the minimum of the penalty for the offense charged against him shall be ordered released motu proprio or upon motion and after notice and hearing, on his own recognizance without prejudice to the continuation of the proceedings against him. [Sec. 16, Rule 114 of the Rules of Court and Sec. 5 (b) of R.A. 10389]
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Sec. 10.Provisional dismissal. — (a) When the delays are due to the absence of an essential witness whose whereabouts are unknown or cannot be determined and, therefore, are subject to exclusion in determining compliance with the prescribed time limits which caused the trial to exceed one hundred eighty (180) days, the court shall provisionally dismiss the action with the express consent of the detained accused.
(b)
(1)
(2)
(c)
ALL JUDGES of the first and second level courts are therefore DIRECTED to immediately conduct an inventory of their pending criminal cases to determine if they have cases which may be covered by the above Guidelines, and if so, to comply with the said Guidelines without unnecessary delay, using their sound discretion. They shall immediately act motu proprio on cases of PDLs who have been detained for a period at least equal to the minimum of the penalty for the offense charged, and if warranted, may release such detainees on their own recognizance, provided the court is assured of where the accused can be located while their cases are on-going trial, e.g., the accused must provide contact numbers and exact address where they will be residing and contact numbers of at least 2 (two) of their nearest of kins with their exact addresses as well.
Motions for recognizance and provisional dismissal of cases resulting to the release of the PDLs from detention may be considered urgent and must be immediately set for hearing.
If release orders are warranted, Judges may apply the pertinent provisions of Supreme Court Administrative Circular 33-2020 and OCA Circular No. 89-2020 on the electronic transmission of said release orders.
Please be guided accordingly.
(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator