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[A.M. No. 00-8-383-RTC. September 13, 2000]

HOLD DEPARTURE ORDER ISSUED BY JUDGE ROSALINA L. LUNA PISON

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT 13 2000.

A.M. No. 00-8-383-RTC (Hold Departure Order Issued By Judge Rosalina L. Luna Pison, RTC - Br. 107, Q.C., In Sp. Proc. No. Q-92-11914.)

In a 1st lndorsement dated March 17, 2000, Associate Commissioner Forter G. Puguon of the Bureau of Immigration, referred to Court Administrator Alfredo L. Benipayo, for appropriate action, the Hold Departure Order (HDO) dated March 14, 2000 issued by Hon. Rosalina L. Luna Pison, Presiding Judge of the Regional Trial Court at Quezon City, Branch 107 in Special Proceeding No. Q-92-11914 ordering the Bureau of Immigration and Deportation to issue immediately a Hold Departure Order for Maria Lourdes Reyes Borja, a.k.a. Marilou (Malou) Borja, a.k.a. Maria R. Borja and Jose Reyes, Jr. a.k.a. Jose Cortesa Reyes, Jr., the guardians-oppositors in the said case.

In the 2nd Indorsement dated June 1, 2000 Court Administrator Benipayo required Judge Pison to comment on the matter.

On July 17, 2000, Judge Pison filed her comment. Therein she informed the Office of the Court Administrator that the said Hold Departure Order has already been lifted and set aside per Order of April 18, 2000. The Bureau of Immigration and Deportation main office as well as the BID NAIA Office were furnished with copies of the April 18, 2000 Order. Anent the propriety of the issuance of the HDO Judge Pison attached a copy of the decision of the Court of Appeals and her order of March 17, 2000.

A closer review of the decision dated August 30, 1999 of the Court of Appeals in the case docketed as CA-G.R. CV No. 56042 entitled "In the matter of guardianship of Nieves T. Reyes and Danilo T. Reyes: Amalia Niday, et al., petitioners-appellees, versus Jose Reyes, Jr., et al., oppositors-appellants" reveals the following factual background pertinent to the subject HDO of the case: In an Order dated October 9, 1996, the Regional Trial Court at Quezon City, Branch 107 in Special Proceeding No. Q-92-11914, among other things, deferred action on the Motion to Lift Hold Departure Order on the guardians. The oppositors-guardians appealed the said order to the Court of Appeals, where it was docketed as CA-GR. CV No. 56042. In the appellate court's decision, the order dated October 9, 1996 was affirmed. Upon finality of the Court of Appeals' decision, Judge Pison issued the subject HDO on March 14, 2000. Relative to the 1st Indorsement dated March 17, 2000 of Associate Commissioner Puguon, it appears that Judge Pison lifted and set aside the subject HDO in her Order of April 18, 2000, immediately upon her receipt of the Second endorsement of the Court Administrator dated March 17, 2000.

Pursuant to Circular No. 39-97 dated June 19, 1997, Hold Departure Orders shall be issued only in criminal cases within the exclusive jurisdiction of the Regional Trial Courts. Judge Pison erred in issuing the subject HDO as the case involved is a special proceeding and not a criminal case. However, the HDO against the oppositors-guardians in Special Proceeding No. 0-92-11914 was issued on March 14, 2000 by Judge Pison after the finality of the Court of Appeals' decision dated August 30, 1999 which affirmed her order dated October 9, 1996.

WHEREFORE, we find the letter-comment of Judge Rosalina L. Luna Pison explaining the circumstances under which she issued the Hold Departure Order dated March 14, 2000 in Special Proceeding No. 0-92-11914 to be satisfactory. However, we find that there is cause to REMIND Judge Pison to keep herself abreast with the latest issuances of the Supreme Court.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court

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