Courts told to release qualified detainees amid COVID-19 crisis

Days after jail authorities confirmed the first coronavirus disease (COVID-19) cases among detainees, the Office of the Court Administrator (OCA) reminded judges to adhere to existing guidelines in releasing qualified detainees under certain conditions.

In a circular issued Monday, Court Administrator Jose Midas Marquez directed first- and second-level court judges to conduct an inventory of their pending criminal cases, determine if they have ones covered by the Supreme Court's 2014 guidelines on jail decongestion through bail and speedy trial, and comply "without unnecessary delay, using their sound discretion."

READ: OCA Circular No. 91-2020 addressed to all judges of the first and second level courts regarding the Release of Qualified Persons Deprived of Liberty pic.twitter.com/iEwe9lndnR

— Supreme Court Public Information Office (PIO) (@SCPh_PIO) April 20, 2020
 

"They shall immediately act motu proprio on cases of PDLs (persons deprived of liberty) who have been detained for a period at least equal to the minimum of the penalty for the offense charged," the circular states.

"If warranted," judges may release such detainees on their own recognizance, on the condition that the court is assured of their whereabouts and contact numbers, as well as that of two of their nearest relatives, during trial.

The court administrator's circular also states that motions for recognizance and provisional dismissal of cases leading to a detainee's release "may be considered urgent and must be immediately set for hearing."

The circular reminds judges to adhere to the SC's "guidelines for decongesting holding jails by enforcing the rights of the accused persons to bail and to speedy trial," as provided in a March 18, 2014 resolution.

According to the circular, this includes the release of detainees who have served the minimum imposable penalty, even as criminal proceedings continue; and the provisional dismissal of cases due to delays caused by the absence of essential witnesses.

The circular comes days after the Bureau of Jail Management and Penology, which has custody of detainees awaiting or undergoing trial, announced that nine of their inmates and nine personnel have tested positive for COVID-19.

The Bureau of Corrections, which houses convicted persons sentenced to at least three years in prison, has also reported that an elderly inmate has been infected by the virus.

There are mounting calls for the release of inmates whose age and pre-existing medical conditions make them vulnerable to COVID-19. Several detainees have petitioned the SC for their temporary release.

The SC ordered prison and jail authorities to comment on the petition by April 24, Friday. —LDF, GMA News