ChanRobles Virtual law Library

chanrobles.com - PHILIPPINE SUPREME COURT RESOLUTIONS - ON-LINE

cralaw_scresolutions_separator.NHAD

[A.M. No. 01-6-181-MTC.September 26, 2001]

HOLD DEPARTURE ORDER ISSUED BY JUDGE AGAPITO K. LAOAGAN, JR.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated SEPT 26 2001.

A.M. No. 01-6-181-MTC (Hold Departure Order issued by Judge Agapito K. Laoagan, Jr., MTC-La Trinidad, Benguet.)

In compliance with the 2nd Indorsement, dated 20 April 2001, issued by the Office of the Court Administrator (OCA), Judge Agapito K. Laoagan, Jr. of the Municipal Trial Court (MTC) of La Trinidad, Benguet, filed an Explanation, dated 17 May 2001, regarding his issuance of a Hold-Departure Order, dated 25 August 2000, in criminal cases involving 56 counts each of Malversation of Public Funds and Falsification of Public Documents, against Revenue Collection Clerk Norma T. Balatbat, which subject criminal cases fall under the jurisdiction of theunder the jurisdiction of the proper Regional Trial Court and were pending before the MTC of La Trinidad, Benguet, only for the purpose of conducting the necessary preliminary investigation.

Notwithstanding, MTC Judge Laoagan, upon motion of the complainant, issued the subject Hold-Departure Order ratiocinating that the prohibition under Circular No. 39-97 "applies only to criminal cases within the exclusive jurisdiction of said Municipal Trial Court of La Trinidad, Benguet" and that "the issuance of a Hold-Departure Order is appropriate" so as not to "frustrate the ends of justice."

In an Order dated 20 November 2000, Judge Laoagan granted the Motion to Withdraw Complaints and decreed the cancellation of the cashbond posted by the accused, for release "to the Municipal Government of La Trinidad, Benguet, thru its Municipal Treasurer, as restitution or settlement of the civil obligation of the accused."

Under these circumstances, we hold that MTC Judge Laoagan, in issuing the subject Hold-Departure Order, clearly violated the provisions of Circular No. 39-97, dated 19 June 1997.Under said Circular, only Regional Trial Courts are authorized and empowered to issue Hold-Departure Orders in Criminal Cases falling within their exclusive jurisdiction.Considering that the subject criminal cases fall within the exclusive jurisdiction of the proper Regional Trial Court, MTC Judge Laoagan is then clearly bereft of any authority and power to decree the issuance of the Hold-Departure order.

WHEREFORE, premises considered, Judge Agapito K. Laoagan, Jr. is hereby REPRIMANDED for transgressing the provision of Circular No. 39-97.ACCORDINGLY, he is sternly warned that a repetition of the same or similar act shall be dealt with more severely.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court


Back to Home | Back to Main

 

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE

PHILIPPINE SUPREME COURT DECISIONS

QUICK SEARCH

cralaw

 







chanrobles.com





ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com