TO: ALL JUDGES OF THE COURTS OF FIRST INSTANCE, CIRCUIT CRIMINAL COURTS, COURTS OF AGRARIAN RELATIONS, JUVENILE AND DOMESTIC RELATIONS COURTS, CITY AND MUNICIPAL COURTS, AND ALL CLERKS OF COURT
SUBJECT: APPLICATIONS FOR TRANSFER OF PRISONERS FROM ONE PLACE TO ANOTHER FOR PURPOSES OF TESTIFYING AT THE HEARING OR THE TRIAL OF AN ACTION.
In connection with the transfer of prisoners from their original places of confinement or the New Bilibid Prisons, Muntinlupa, Metro Manila, effected by virtue of subpoenas or summonses issued by judges or clerks of court requiring the said prisoners to appear before their courts for purposes of testifying at hearings or trials, the attention of the Supreme Court has been called to the fact that prisoners make use of applications for transfer as a convenient subterfuge in order to escape, enjoy extended vacations in their home provinces, extort money from local residents, intimidate prisoners in local jails who may be important witnesses in other cases, or conduct other unscrupulous and pernicious activities.
Effective immediately, every Judge and/or clerk of court of the aforementioned courts is hereby directed (1) to examine and study carefully any application for the issuance of subpoena or summons involving detention prisoners filed with their court; (2) to deny the application if it appears that the appearance or attendance of the prisoner at the hearing or trial involved is unnecessary, considering all the circumstances of the case; and (3) to grant the application only if it appears that the appearance or attendance of the prisoner at the hearing or trial involved is indispensable or that his complicity in the commission of the offense subject of the hearing or trial has been fully established. Whenever circumstances justify the issuance of a subpoena or summons effecting the transfer of a prisoner, his testimony should be taken at once, and immediately thereafter he should be returned to his original place of confinement or the new Bilibid Prisoners, as the case may be.
However, pursuant to Administrative Circular No. 2 dated December 2, 1976, no prisoner sentenced to death or life imprisonment or detained upon legal process for the commission of any offense punishable by death or life imprisonment confined in the New Bilibid Prisons is allowed to be brought outside the said penal institution for appearance or attendance in any court except when the Supreme Court authorizes the Judge, upon proper application, to effect the transfer of the said prisoner. In addition, the said Circular directs every Judge in Metro Manila and the Provinces of Rizal, Bulacan, Cavite and Laguna who requires the appearance or attendance of any of the aforestated prisoners confined in the New Bilibid Prisons in any judicial proceeding to conduct such proceeding within the premises of the said penal institution.
Proper compliance herewith is hereby enjoined.
December 5, 1977.
(Sgd.) FRED RUIZ CASTRO
Chief Justice
