CIRCULAR NO. 42-93, August 27, 1993

OFFICE OF THE COURT ADMINISTRATOR

Hereafter, in all cases where the records are
remanded from the Supreme Court or the Court of Appeals to the lower
court for execution of judgment, the judge, of the lower court
concerned shall immediately issue the corresponding mittimus or
commitment order of the prisoner immediately after the records are
received by the court of origin.

1) The mittimus shall be under the
signature of the Judge and shall, bear the seal of the court attested by
the clerk of court thereof;

2) If the accused is sentenced to imprisonment of
more than three £3) years, he is classified as national prisoner and
shall be committed to the Director of torrections in Muntinlupa, Metro
Manila;

3) If the accused is sentenced to imprisonment of
more than one (l) year but hot more than three (3) .years, he is
classified .as national prisoner, and shall be commited to the city or
provincial Jail warden;

4) If the accused is sentenced to imprisonment of
not more than one (1) year, he is clasisified as municipal prisoner, and
shall be committed to the municipal Jail warden;

5) In all appealed cases where the records are
returned to the court of origin for execution of judgment, the clerk of
court of the lower court concerned shall furnish the appellate courtw
with copies of the mittimus/ commitment order within ten (10) days from
issuance;

6) The mittimus shall also be issued where a
detained prisoner is convicted, but remain in detention even after
appeal is perfected for non-posting of bail, or the bail is cancelled,
or because the accused has been sentenced to suffer reclusion perpetua.

Strict compliance herewith is enjoined.

August 27, 1993.