Immediate Issuance of Release Orders of Prisoners
Supreme Court Memorandum Order No. 19-04, issued on April 2, 2004, mandates all trial judges in the Philippines to ensure the immediate issuance of release orders for prisoners who have been acquitted or whose cases have been dismissed. The order emphasizes the constitutional right to a speedy disposition of cases and addresses delays that lead to prolonged detention despite favorable outcomes. Judges are required to prepare and sign release orders promptly following the decision, and to direct court personnel to serve these orders immediately to the Bureau of Jail Management and Penology (BJMP) for enforcement. This memorandum aims to streamline the release process and uphold the rights of individuals within the justice system.
Quick Answers
- What is Immediate Issuance of Release Orders of Prisoners about?
- Supreme Court Memorandum Order No. 19-04, issued on April 2, 2004, mandates all trial judges in the Philippines to ensure the immediate issuance of release orders for prisoners who have been acquitted or whose cases have been dismissed. The order emphasizes the constitutional right to a speedy disposition of cases and addresses delays that lead to prolonged detention despite favorable outcomes. Judges are required to prepare and sign release orders promptly following the decision, and to direct court personnel to serve these orders immediately to the Bureau of Jail Management and Penology (BJMP) for enforcement. This memorandum aims to streamline the release process and uphold the rights of individuals within the justice system.
- What type of law is Supreme Court Memorandum Order No. 19-04?
- Immediate Issuance of Release Orders of Prisoners (Supreme Court Memorandum Order No. 19-04) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Immediate Issuance of Release Orders of Prisoners enacted?
- Immediate Issuance of Release Orders of Prisoners (Supreme Court Memorandum Order No. 19-04) was enacted on Apr 2, 2004.
- What is the citation for Immediate Issuance of Release Orders of Prisoners?
- Immediate Issuance of Release Orders of Prisoners, Supreme Court Memorandum Order No. 19-04, Apr 2, 2004 (Philippines)
Law Information
- Reference Number
- Supreme Court Memorandum Order No. 19-04
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Memorandum Orders
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
April 2, 2004
SUPREME COURT MEMORANDUM ORDER NO. 19-04
| 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). cCESaH
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 forthwith 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 the 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. THEDCA
Issued this 2nd day of April 2004.
(SGD.) HILARIO G. DAVIDE, JR.Chief Justice
Cite This Law
Immediate Issuance of Release Orders of Prisoners, Supreme Court Memorandum Order No. 19-04, Apr 2, 2004 (Philippines)
Immediate Issuance of Release Orders of Prisoners, Supreme Court Memorandum Order No. 19-04 (Phil. 2004)
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