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BY AYIN DREAM D. APLASCA
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A FEW days ago, a fellow lawyer sent me an e-mail asking if I have a copy of a recent Supreme Court (SC) decision which discusses the blanket ruling declaring all detainees must be released if they have no cases pending before the prosecutors.
Unfortunately, I didn’t have a copy. But the good thing was, we had a great conversation about it. Let me share a bit of what we discussed.
This issue arose from a petition for the release of a drug suspect detained after a buy-bust operation. The provincial prosecutor dismissed the case. However, there were prevailing Department of Justice (DOJ) circulars issued by now senator Leila de Lima that prevented the release of the petitioner. Thus, the resolution went through automatic review in Manila.
Three circulars were included in this case. First, the DOJ circular issued by de Lima as mentioned. It provided that automatic review of dismissed drug cases would be “without prejudice” to the detainees’ right to be immediately released pending review.
Second, the DOJ circular issued by current SC Associate Justice Alfredo Benjamin Caguioa. He addressed the review delays by directing prosecution offices to issue release orders. However, this was revoked and reinstated the DOJ circular issued by de Lima.
Third, the DOJ circular issued by incumbent Justice secretary Vitaliano Aguirre. This circular required the release of detainees pending review of their dismissal cases.
These circulars only boil down to one issue: whether or not detainees without cases should be released.
The answer is yes. As what the High Court ruled, “it is hereby declared, and ruled, that all detainees whose pending cases have gone beyond the mandated periods for the conduct of preliminary investigation, or whose case have already been dismissed on inquest or preliminary investigation, despite pending appeal, reconsideration, reinvestigation or automatic review by the Secretary of Justice, are entitled to be released pursuant to their constitutional right to liberty and their constitutional right against unreasonable seizures, unless detained for some other lawful cause.”
Also, even in the waiver of Article 215 of the Revised Penal Code, detainees must be promptly released if the 15-day period (or 30 days for drug cases) for preliminary investigation lapses. It only shows that there is a lack of probable cause to file an information in court and to detain a person.
Well, this is positive news for detained persons. There will be less jail congestion. It will also minimize the pain of culpability. And, of course, this will protect the constitutional right to liberty.
(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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