OCA CIRCULAR NO. 70-2004, May 20, 2004

Quote hereunder is Memorandum Order No. 19-2004 dated 2 April 2004 issued by the Chief Justice, to wit:

“WHEREAS, the Constitution safeguards the right of all persons to a speedy disposition of their case 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).

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.

Issued this 2^nd day of April 2004.”

__20__ May 2004.