June 2, 2011

DOJ DEPARTMENT CIRCULAR NO. 026-11

SUBJECT

Guidelines Regarding the Appearance in Court and Other Government

Agencies of Inmates Under the Custody of the Bureau of Corrections

It has been observed lately that numerous requests from the Courts, the National Bureau of
Investigation and other government agencies are received for inmates under the custody of
the Bureau of Corrections to appear before the said bodies, either for hearing or for purposes
of an investigation.
Paragraph a, Section 1, Chapter 6, Part II, Book I of the Bureau of Corrections Operating
Manual (BuCor Manual) provides for the instances wherein an inmate may be temporarily
taken out of the prison premises and appear before the above mentioned agencies of the
government. Said provision states:
"CHAPTER 6. OUTSIDE MOVEMENT OF INMATES
"Section 1.
Movement of inmate outside connement facility. The
Superintendent of a prison may authorize an inmate to be taken out of prison in the
following instances:
a)

to appear in court or other government agency as directed by competent

authority;

b)

for medical examination/treatment or hospitalization in an outside clinic or

hospital; or

c)

to view the remains of a deceased relative." (Emphasis supplied)

THEDcS

Although the appearance in court or other government agency is so provided under the said
Section, the procedure and rules concerning the said matter is, however, not specied in the
said provision of the BuCor Manual.
In view of the foregoing and in the exigency of the service and pursuant to the provisions of
existing laws, hereunder are the guidelines that shall govern the appearance in court and
other government agency of inmates under the custody of the Bureau of Corrections:
1.

The temporary movement of an inmate outside the prison facility to

appear in court or any government agency should be on the basis of a
subpoena or processes issued by the court or, in case of other government
agency, a written request timely submitted by the head of agency
concerned specifying the need for the appearance of the said inmate
before the agency.

2.

The appearance in court or other government agency shall require the

favorable recommendation of the Director of the Bureau of Corrections
subject to the approval of the Secretary of Justice or his/her duly
authorized representative/s.

3.

In case the appearance of the inmates are requested by law enforcement

agencies, such as but not limited to the National Bureau of Investigation
and the Philippine National Police:
a)

The purpose of requiring appearance of the inmate should be stated

in the request, together with the appropriate case, matter subject of
the investigation or court in which the case is related, if any.

b)

The estimated number of days in which the inmate shall be placed

under the government/law enforcement agency's custody should
likewise be indicated in the request in order for the Bureau to eect
the appropriate arrangements for custodial personnel.

c)

The inmate should be fetched by appropriate number of agents or

personnel of the requesting agency.

d)

In all cases, the inmate shall be accompanied by, and entrusted to

the custody of, sufficient custodial personnel of BuCor.
aEHTSc

4.

Proper documentation shall be accomplished for the movement of the

inmates and that appropriate reports shall be submitted immediately after
the inmate has been returned to his prison facility.

5.

The inmate/s shall be immediately returned to his prison facility as soon

as the purpose for his temporary release has been accomplished.

For strict compliance.

(SGD.) LEILA M. DE LIMA
Secretary
Department of Justice