MEMORANDUM OF LAW

FOR: Director Rowena E.V. Daroy-Morales

FROM: Law Intern Paolo S. Tamase
RE: Supreme Court Referral re: Irma Tirol
DATE: May 10, 2016

A. Questions Presented
Prepare a legal memo re: referral [of the Supreme Court of Irma Tirol’s case].

B. Short Answers
1. Ms Tirol has clearly served the maximum of her sentence and is legally entitled to
release.
2. Ms Tirol’s release can be obtained through the following means:
a. Writing the Director-General of the Bureau of Corrections through its
Documents Division to demand the issuance of a release order; or
b. Petitioning for a writ of habeas corpus with either the RTC of Mandaluyong,
where she is detained, or the Supreme Court.
3. LI respectfully recommends that OLA provide the necessary legal assistance to Ms
Tirol in obtaining her release from imprisonment.

C. Relevant Facts

Irma C. Tirol was convicted by the Bogo City RTC Br. 61 of fifteen counts of Estafa
(Falsification of Private Documents). In a Decision dated February 12, 1998, 1 the RTC
sentenced her to varying terms of imprisonment for each count, with the shortest at 6
months and 1 day to 4 years, 2 months, and 1 day, and the longest at 8 years and 1 day to
12 years and 1 day.2 In conformity with Article 70 of the Revised Penal Code, the RTC
provided that Ms Tirol would serve her penalties simultaneously.
The Decision was not appealed and became final and executory.3
It appears that Ms Tirol was initially confined in the Bogo PNP Jail; upon her conviction
by the RTC, Ms Tirol was committed to the same Jail. As of May 21, 2007, Ms Tirol has not
violated any prison rules and regulations while serving her sentence in Bogo.4
Sometime in or after 2007, Ms Tirol was transferred to the Correctional Institute for
Women (CIW) in Mandaluyong City. This is despite the clarification of the Executive Judge
of RTC Br. 61 that, at most, Ms Tirol was to serve only 8 years and 1 day to 12 years and 1
day.5 Counted from September 6, 1997,6 the maximum of her penalty was served on
September 7, 2009.
Hence, in a letter dated February 26, 2016, Ms Tirol asked the Chief Justice for
assistance in securing her release. 7 In a letter received on May 3, 2016, the Office of the
Chief Justice (OCJ) endorsed Ms Tirol’s request to UP OLA.8

D. Discussion

1. Ms Tirol is Legally Entitled to Release

1
RTC Br. 61, Certificate of Finality and Non-Appeal (June 29, 2010). [Annex “A”]
2
RTC Br. 61, Mitimus (Commitment Order) (Mar. 6, 1998). [Annex “B]
3
Annex “A”, supra note 1.
4
Jail Chief Inspector (Bogo City Jail), Certification of Good Moral Character (Oct. 3, 2013). [Annex
“C”]
5
Antonio D. Marigomen (Executive Judge, Bogo City Br. 61), Letter to Mr. Julio Arciaga, Assistant
Director of Prison and Security, Bureau of Corrections (Oct. 23, 2007). [Annex “D”]
6
Annex “B”, supra note 2.
7
Irma C. Tirol, Letter to the Chief Justice (Feb. 26, 2016). [Annex “E”]
8
Ma. Lourdes E.B. Oliveros (Chief Justice Staff Head), Letter to Atty. Rowena Daroy-Morales (Apr. 8,
2016). [Annex “F”]
 2
Ms Tirol’s criminal liability has already been extinguished. Under Article 89(2) of the
Revised Penal Code, criminal liability is totally extinguished by service of the sentence.
Ms Tirol’s sentence was determined by the RTC Decision dated February 12, 1998
which, due to the absence of an appeal, became final, executory, and immutable. That
Decision (correctly) provided that the several imprisonment sentences imposed on Ms Tirol
should be served simultaneously. Because the last day of the maximum period of the most
severe penalty was September 7, 2009, Ms Tirol is clearly overdue for release. As such, she
is entitled to be released from imprisonment immediately.

2. Legal Remedies to Obtain Ms Tirol’s Release

A. Issuance of a Release Order from the Bureau of Corrections9

Ms Tirol’s administrative remedy is to seek the issuance of a Release Order, which is the
first step in processing her release. Because Ms Tirol is a convict who has fully served her
sentence, the Release Order must be issued by the Director-General of the Bureau of
Corrections.
The procedure begins when the Documents Division processes the documents relating
to the convict’s sentence and imprisonment. These include reports of any offenses
committed while in prison. The Documents Division then forwards the Release Order to the
Director-General for his signature. The Order, as signed, is then sent to the Separation
Division (for execution).
This procedure is followed regardless of the facility where the convict is detained.
Normally, the Documents Division acts on its own, i.e. without need of a demand.
However, in this case, the Documents Division can be informed in writing of Ms Tirol’s case.

B. Issuance of a Writ (Privilege) of Habeas Corpus

In the event Ms Tirol’s release is not granted, Ms Tirol can result to filing a petition for the
issuance of a writ of habeas corpus. The refusal to release her considering the full service of
her sentence almost 7 years ago amounts to an “illegal confinement or detention.”
The petition can be filed in the RTC of Mandaluyong (where Ms Tirol is detained), the
Court of Appeals, or the Supreme Court (which initially referred this case to OLA).

E. Recommendation

LI respectfully recommends that OLA provide the necessary legal assistance to Ms Tirol
in obtaining her release from imprisonment, considering the apparent injustice inflicted upon
Ms Tirol and the pedagogical value of the case (in dealing with administrative agencies or
handling a petition for habeas corpus).
Should the referral be accepted, LI recommends the following action points:
(1) Initially, the LI (or the LI assigned to the case, or either’s successor LI) should
interview Ms Tirol and secure the required documents (e.g. Decision of the RTC of
Bogo City) to ensure that OLA has all the facts it needs to prosecute the demand
and/or the petition.
(2) Once the facts are verified, LI should first write the Director-General of the Bureau of
Corrections to commence the above-explained administrative remedy.
(3) Should the remedy be denied, LI should prepare and file a petition for habeas
corpus.

9
No issuance available online. Confirmed through a blind inquiry with the Bureau of Corrections,
Office of the Director-General (tel. no. 809-8073; 850-3282; 809-9775) and Documents Division (tel.
no. 850-0117). Phone calls to the Bureau of Corrections (May 10, 2016).