CIRCULAR
NO. 42-93
TO: ALL
JUDGES OF THE REGIONAL TRIAL COURTS, SHARI’A DISTRICT COURTS,
METROPOLITAN
TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS,
MUNICIPAL CIRCUIT TRIAL COURTS AND SHARI’A CIRCUIT COURTS
SUBJECT:
ISSUANCE OF MITTIMUS/COMMITMENT ORDER.
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
Corrections
in Muntilupa, Metro Manila;
(3) If the accused
is sentenced to imprisonment of more than one [1] year but not more
than
three [3] years, he is classified as city/provincial prisoner, and
shall
be committed to the city or provincial jail warden;
(4) If the accused
is sentenced to imprisonment of not more than one [1] year, he is
classified
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 courts 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
bail is cancelled, or because the accused has been sentenced to suffer
reclusion perpetua.
Strict compliance
herewith is enjoined.
August 27, 1993.
[Sgd.]
ERNANI
CRUZ PAÑOCourt
Administrator
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