Dear Mr. Malinao:
Greetings from the Bureau of Jail Management and Penology!
This is in reference to your request lodged through the eFOI portal (www.foi.gov.ph) on February 25, 2025, inquiring to be clarified on the provision of Section 261(n) of the Omnibus Election Code on the illegal release of prisoners.
Respectfully be informed that the release of persons deprived of liberty (PDL) during the election period is generally subject to the Omnibus Election Code of the Philippines, which imposes restrictions on certain activities to ensure fair elections.
However, if there is a court order mandating the release of a PDL, it typically takes precedence, as courts have the authority to enforce legal decisions.
It is very clear that what the law penalizes is an officer who illegally ordered or allowed detained PDL to leave the jail facility. The release of PDL by virtue of a Court Order is totally LEGAL because the non-performance thereof will subject the officer to sanctions.
Your right to request a review
If you are dissatisfied with our response to your FOI request, you have the option to request an internal review. To initiate this process, kindly submit your written appeal for review addressed to [insert name of Secretary and postal/e-mail address]. Please provide a detailed explanation of your dissatisfaction with our response within 15 calendar days from the date of receiving this response. We will conduct the review and communicate the outcome within 30 calendar days from the receipt of your review request.
Should you remain unsatisfied with the review outcome, you retain the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).
Thank you.
Respectfully,
Jayrex Bustinera
FOI Receiving Officer
Bureau of Jail Management and Penology
