[A.M. No. 00-4-73-MTC. July 26, 2000]

HOLD DEPARTURE ORDER BY JUDGE ARENAS

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your in formation, is a resolution of this Court dated JUL 26 2000.

A.M. No. 00-4-73-MTC (Hold-Departure Order by Judge Alejandro S. Arenas, Municipal Trial Court of Buenavista, Marinduque.)

This concerns the indorsement dated November 3, 1999, of then Secretary Serafin R. Cuevas of the Department of Justice referring to the Court Administrator a Hold-Departure Order (HDO) issued on September 1, 1999 by Judge Alejandro S. Arenas of the Municipal Trial Court of Buenavista, Marinduque, against accused Takeo Sakai. The case was docketed as Criminal Case No. 97-28, entitled: "People of the Philippines v. Teodora Sto. Domingo Hirano and Takeo Sakai," for violation of R.A. 1161, Section 17(e) and (f) be Sec. 27]. The Secretary of Justice referred the matter for appropriate action since said order was contrary to Circular No. 39-97, dated June 19, 1997,of this Court.

The Circular limits the authority to issue hold-departure orders to the Regional Trial Courts in criminal cases within their exclusive jurisdiction. The circular provides for the following guidelines:

In order to avoid the indiscriminate issuance of Hold-Departure Orders resulting in inconvenience to the parties affected, the same being tantamount to an infringement on the right and liberty of an individual to travel and to ensure that the Hold-Departure Orders which are issued contain complete and accurate information, the following guidelines are hereby promulgated:

1. Hold-Departure Orders shall be issued only in criminal cases within the exclusive jurisdiction of the Regional Trial Courts;

2. The Regional Trial Courts issuing the Hold-Departure Order shall furnish the Department of Foreign Affairs (DFA) and the Bureau of Immigration (BI) of the Department of Justice with a copy each of the Hold-Departure Order issued within twenty-four (24) hours from the time of issuance and through the fastest available means of transmittal;

3. The Hold-Departure Order shall contain the following information:

a. The complete name (including the middle name), the date and place of birth and the place of last residence of the person against whom a Hold-Departure Order has been issued or whose departure from the country has been enjoined;

b. The complete title and the docket number of the case in which the Hold-Departure Order was issued;

c. The specific nature of the case; and

d. The date of the Hold-Departure Order.

If available, a recent photograph of the person against whom a Hold-Departure Order has been issued or whose departure from the country has been enjoined should also be included.

4. Whenever (a) the accused has been acquitted; or (b) the case has been dismissed, the judgment of acquittal or the order of dismissal shall include therein the cancellation of the Hold-Departure Order issued. The courts concerned shall furnish the Department of Foreign Affairs and the Bureau of Immigration with a copy each of the judgment of acquittal promulgated or the order of dismissal issued within twenty-four (24) hours from the time of promulgation/issuance and likewise through the fastest available means of transmittal.

All Regional Trial Courts which have furnished the Department of Foreign Affairs with their respective lists of active Hold-Departure Orders are hereby directed to conduct an inventory of the Hold-Departure Orders included in the said lists and inform the government agencies concerned of the status of the Orders involved.

In his comment, Judge Arenas admitted his error, explaining that it was made or done in good faith after he had researched all the Supreme Court Circulars and Memoranda provided by the Court in their files. A copy of said circular was not seen or found thereon. In support of this contention, Jose V. Mendoza and Maxelinda A. Nobleza, Clerks of Court of MTC Gasan and Buenavista, submitted their joint affidavit informing this Court that they had not actually received a copy of the said circular from the Court. Respondent Judge, however, explained that upon receipt of a copy of the 1st Indorsement of Secretary Cuevas, he immediately lifted his previous order and issued a modified order, dated December 1, 1999.

In view of the aforesaid comment of Judge Arenas, the OCA recommended that the explanation/comment given by him be considered as satisfactory but that he be reminded to keep himself abreast with the latest issuances of the Court.

We are not totally in accord with OCA's recommendation. In several cases involving similar violations, this Court imposed the penalty of reprimand on the erring judges. 1 Re: Hold Departure Order dated April 13, 1998 issued by Judge Juan C. Nartatez, MTC, Branch 3, Davao City, A.M. No. 98-1O-141-MTC, Nov. 18, 1998; Hold Departure Order issued by Judge Eusebio M. Barot, MCTC, Aparri, Calayaan, Cagayan, Branch 2, A.M. No. 98-8-I08-MCTC, August 25, 1999; Issuance of Hold Departure Order of Judge Luisito T. Adaoag, MTC, Camiling.The Code of Judicial Conduct enjoins judges to be faithful to the law and maintain professional competence. As visible representatives of the law, it is incumbent upon them to be diligent in keeping themselves abreast with the developments in law, jurisprudence and the latest issuances of the Court.

WHEREFORE, Judge Alejandro S. Arenas is hereby REPRIMANDED with the stem warning that a repetition of the same or similar act will be dealt with more severely.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY- DRIS

Clerk of Court


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