Distribution of the Detainees Notebook

March 8, 2023

OCA CIRCULAR NO. 106-2023

 

In the Resolution dated 18 March 2014 of the Court En Banc in A.M. No. 12-11-2-SC (Guidelines for Decongesting Holding Jails by Enforcing the Rights of Accused Persons to Bail and to Speedy Trial), all courts are mandated to maintain a "Detainees Notebook," a copy of which shall be attached to the record of the case and the other copy to be kept by the jail warden which shall be brought with the accused at the hearing. The branch clerk of court shall update the two copies of the notebook at every hearing by stating what action the court has taken in it, the next scheduled hearing, and what action the court will further take on the case. 1

On 7 November 2016, this Office issued OCA Circular No. 230-2016 (Guidelines on the Distribution and Use of the Detainees Notebook) which essentially reiterated the aforementioned provision and outlined the guidelines on the distribution and use of the detainees notebook.

Clearly, the Detainees Notebook is vital in keeping the persons deprived of liberty (PDLs) apprised of the status of their cases. Furthermore, the relevant dates indicated therein are significant in assessing whether the concerned PDL has already served the minimum imposable sentence, 2 or whether there is a ground to dismiss the case against the PDL based on the denial of his/her right to speedy trial for failure to observe the prescribed time limits. 3

However, based on the most recent data from the Bureau of Jail Management and Penology (BJMP), 4 of the 88,612 PDLs with pending cases, only 7,146 were provided with the Detainees Notebook by the courts. In other words, only 8% of the total number of PDLs with pending cases have received Detainees Notebooks from the courts.

Significantly, records of the Property Division, Office of Administrative Services (OAS), Office of the Court Administrator (OCA), show that trials courts have already been provided with the Detainees Notebooks for distribution to the PDLs and that only a few of said courts requested for replenishment.

As such, all Judges and Branch Clerks of Court/Officers-in-Charge of the first and second level courts are DIRECTED to:

1) ENFORCE the directives stated in the Court's Resolution dated 18 March 2014 in A.M. No. 12-11-2-SC and OCA Circular No. 230-2016 dated 7 November 2016, relative to the distribution and use of the Detainees Notebook;

2) ENSURE that the two copies of the Detainees Notebook are updated every hearing by reflecting therein what action the court has taken in it, the next scheduled hearing, and what action the court will further take on the case; and

3) Regularly ASSESS their court's supply of Detainees Notebooks; and to immediately send a REQUEST for replenishment, if there is a need to do so, to Property Division, OAS, OCA, through e-mail at [email protected].

For strict compliance.

(SGD.) RAUL B. VILLANUEVACourt Administrator

Footnotes

1. Section 15 (c), A.M. No. 12-11-2-SC dated 18 March 2014.

2. Section 5, A.M. No. 12-11-2-SC dated 18 March 2014.

3. Section 9, A.M. No. 12-11-2-SC dated 18 March 2014.

4. Data on PDL with pending cases who received Detainees Notebooks from the Courts as of January 31, 2023.