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CIRCULAR
NO. 39-97
TO:
ALL
JUDGES
SUBJECT:
GUIDELINES IN THE ISSUANCE OF HOLD-DEPARTURE ORDERS.
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 Court 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 included in the said lists and
inform
the government agencies concerned of the status of the Orders involved.
This Circular revokes
Circular No. 38-94 dated 6 June 1994 and Circular No. 62-96 dated 9
September
1996, takes effect immediately and shall remain in force until further
orders.
For strict compliance.
[Sgd.]
ALFREDO
L. BENIPAYO
Court
Administrator
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