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    OCA Circular No. 201 2022

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    JC Amores

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    © All Rights Reserved
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    OCA Circular No. 201 2022

    Uploaded by

    JC Amores
    71 views2 pages

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    © © All Rights Reserved

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    Copyright:

    © All Rights Reserved
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    71 views2 pages

    OCA Circular No. 201 2022

    Uploaded by

    JC Amores

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    ~epuhlit of tbe ~bilippine~

    ~upreme QCourt
    ®ffice of tbe (!Court ~bminigtrator
    manila

    OCA CIRCULAR NO. 201-2022

    TO ALL JUDGES, CLERKS OF COURT AND BRANCH


    CLERKS OF COURT/ OFFICERS-IN-CHARGE OF THE
    FIRST AND SECOND LEVEL COURTS

    SUBJECT: 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

    Criminal liability is totally extinguished by service of sentence. lit 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 tum, 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

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


    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.

    04 August 2022

    MMA/~J;f_11 July 2022_OCA Circular on Non-necessity of Release Order 2 jmv 071922 072822

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