Creating a Committee for the Decongestion of Provincial, City, and Municipal Jails

June 30, 2011

SUPREME COURT MEMORANDUM ORDER NO. 23-11

CREATING A COMMITTEE FOR THE DECONGESTION OF PROVINCIAL, CITY, AND MUNICIPAL JAILS

WHEREAS, 60% to 70% of the cases pending before the first and second level courts are criminal cases, in which many of the accused are poor and could not post bail, resulting in their temporary incarceration pending trial in their cases; acCDSH

WHEREAS, because of unimaginable delays in the trial of criminal cases, a great number of the accused remain in holding jails for years, in many instances at the sacrifice of their constitutional presumption of innocence and right to a speedy trial;

WHEREAS, holding jails in the Philippines are small, few, and overcrowded, resulting in sub-human treatment of detained persons, seriously affecting their health, safety, and morale; and

WHEREAS, at the request of the Supreme Court, the Secretary of Justice has issued Department Order No. 482 dated June 7, 2011 designating authorized representatives from the National Prosecution Service and the Public Attorney's Office to work with representatives from the Judiciary to address the problems of jail congestion and unwarranted detention of certain accused persons.

NOW, THEREFORE, there is hereby created a Committee for the Decongestion of Provincial, City, and Municipal Jails to be composed of the following:

Chairman:	Associate Justice Roberto A. Abad
	Supreme Court
Vice Chairman:	Hon. Raul B. Villanueva
	Deputy Court Administrator
	Supreme Court
Members:	Hon. Rosalina P. Aquino
	Senior Assistant State Prosecutor
	Office of the Prosecutor General
	Judge Victoriano B. Cabanos
	Presiding Judge
	Regional Trial Court, Branch 127, Caloocan City
	Judge Ralph S. Lee
	Presiding Judge
	Regional Trial Court, Branch 83, Quezon City
	Judge Reinelda Estacio-Montesa
	Presiding Judge
	Metropolitan Trial Court, Branch 79, Las Piñas
	Judge Bonifacio S. Pascua
	Presiding Judge
	Metropolitan Trial Court, Branch 44, Pasay City
	Hon. Jason A. Amante
	City Prosecutor, Marikina City
	Atty. Marlon E. Buan
	Officer-in-Charge
	PAO Manila District
	Atty. Revelyn Ramos-Dacpano
	PAO Central Office
Secretariat:	Atty. Rigor R. Pascual
	Atty. Jesusa R. Lapuz
	Atty. Gembeth G. Basilgo
Assistant Secretary:	Mr. Edervin Saquiton

 

The Committee shall have the following duties:

1. Study the current conditions of jail facilities in the country, the number and profiles of the detainees they hold, and the other data that are essential to a proper understanding of the problems of jail congestion;

2. Establish guidelines for disposing of cases in which the trial delays warrant dismissal, either provisional or permanent, on ground of violation of the accused right to speedy trial and for promptly ordering the release of detention prisoners who may have practically served the imposable penalty in their cases; TADIHE

3. Set up a system for ensuring faithful and prompt compliance with such guidelines; and

4. Perform such functions and exercise such powers as are inherent, incidental, or essential to the accomplishment of its above duties and objectives.

The Chairman, the Vice Chairman, Members, and Secretariat of the Sub-committee shall be entitled to expense allowance prescribed in Administrative Circular 13-99 issued by the Chief Justice on September 20, 1999.

This Memorandum Order shall take effect upon its issuance.

Manila, June 30, 2011.

(SGD.) RENATO C. CORONAChief Justice

(SGD.) ANTONIO T. CARPIOAssociate Justice

(SGD.) PRESBITERO J. VELASCO, JR.Associate Justice