Non-Issuance of a Release Order upon Completion of Service of Sentence and Submission of Reports from Authorities Having Custody of Persons Deprived of Liberty

August 4, 2022

OCA CIRCULAR NO. 201-2022

 

Criminal liability is totally extinguished by service of sentence. 1 It follows, therefore, that when such liability has been terminated in that manner, the concomitant penalty of incarceration shall have ended. Any further delay in the release from imprisonment of a person deprived of liberty (PDL), except for reasons allowed by law, is nothing but unjust.

Several government institutions have expressed concerns over delays in securing Release Orders, which have, in turn, delayed the release of PDLs from imprisonment. Considering that Release Orders are not necessary for the extinguishment of criminal liability and have no bearing on a PDL's completion of his/her sentence of imprisonment, all first and second level courts need not issue any Release Order for a PDL who has (a) completed his/her service of sentence and (b) when there is no other lawful reason for him/her to stay incarcerated.

The same rule shall apply to PDLs, so long as both circumstances listed in (a) and (b) above are present, who should be released even if the following circumstances listed below are present:

1. Those who have not yet paid the fine which forms part of the penalty of the crime committed and for which the court did not order any subsidiary imprisonment in case of non-payment thereof;

2. Those who have unresolved applications for probation, or who may have later moved for the withdrawal thereof; and/or

3. Those who have been charged under Republic Act No. 9165 or the "Comprehensive Dangerous Drugs Act of 2002," and have not yet undergone rehabilitation and the drug dependency examination as may be required by the court, the completion of which shall be subject to further action of the proper authorities.

For the purpose of this Circular, all trial courts shall require the concerned agencies or local government units having authority over the custody of PDLs who have pending cases before them to submit regular reports to them at least a week before the PDLs shall have completed the service of their sentence of imprisonment. As to the PDLs covered by the circumstance as stated in number 3 of the previous paragraph, the report shall also state the PDL's inability to undergo rehabilitation and/or drug dependency examination so that the concerned court may determine the next course of action to be taken, but which shall in no case result in an extension of the incarceration of the PDL. Courts have to take note that the submission, delay or non-submission of the subject report and their action thereon should in no way hamper the immediate release of the PDL who completed his/her jail time.

For guidance and compliance.

(SGD.) RAUL B. VILLANUEVACourt Administrator

Footnotes

1. Article 89 (2) of Act No. 3815 or the "Revised Penal Code."