Requirements for the Release of Documents Pertaining to Detainees/Prisoners
OCA Circular No. 83-04, issued on July 26, 2004, addresses concerns from the Bureau of Corrections regarding the validity of court documents related to the release of detainees or prisoners. The circular mandates that all court orders or decisions for release, as well as summonses, must be in original or duplicate form, signed by the judge and bearing the court's dry seal. If an original or duplicate is unavailable, a certified photocopy with the dry seal is acceptable. Additionally, any decisions granting probation must include a release order signed by the judge with the dry seal. Strict compliance with these requirements is emphasized to avoid delays in processing inmate releases.
Law Information
- Reference Number
- OCA Circular No. 83-04
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
July 26, 2004
OCA CIRCULAR NO. 83-04
TO : All Judges and Clerks of Court of the First and Second Level Courts
The Bureau of Corrections had brought to the attention of this Office their concern arising from documents received pertaining to detainees/prisoners, i.e., court orders/decisions/court processes/resolutions directing the release of inmates with the order stamped marked "Original Signed " above the typewritten name of the judge, and do not bear the dry seal of the court. The determination as to their veracity has caused undue delay to the would be action taken on the matter.
In order to forestall future delay/inconveniences/action relating to the detainees/prisoners, the following shall be observed:
1. copies of decisions/resolutions directing the release of prisoners and subpoenas/summons requiring their appearance in court shall be in original or duplicate copy bearing the signature of the judge and the dry seal of the court. In the absence of the original or duplicate copy, a photocopy shall be duly certified by the Clerk of Court with the dry seal of the court;
2. decisions/resolutions granting probation shall be accompanied by a release order duly signed by the judge bearing the dry seal of the court.
For strict compliance. cTECIA
(SGD.) PRESBITERO J. VELASCO, JR.Court Administrator
Cite This Law
Requirements for the Release of Documents Pertaining to Detainees/Prisoners, OCA Circular No. 83-04, Jul 26, 2004 (Philippines)
Requirements for the Release of Documents Pertaining to Detainees/Prisoners, OCA Circular No. 83-04 (Phil. 2004)
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