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    Circular No. 39-97

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    Karie Ferenal Escatron-Cabando
    The document outlines guidelines for judges issuing hold-departure orders. It states that such orders should only be issued in criminal cases under the jurisdiction of regional trial courts. It also provides that the orders must contain specific identifying information about the individual barred from leaving as well as case details. Regional trial courts are instructed to promptly notify immigration and foreign affairs agencies of both new hold-departure orders and any cancellations, such as an acquittal or dismissal. The purpose is to avoid the indiscriminate issuance of these orders that infringe on individuals' right to travel.

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    Circular No. 39-97

    Uploaded by

    Karie Ferenal Escatron-Cabando
    157 views1 page
    The document outlines guidelines for judges issuing hold-departure orders. It states that such orders should only be issued in criminal cases under the jurisdiction of regional trial courts. It also provides that the orders must contain specific identifying information about the individual barred from leaving as well as case details. Regional trial courts are instructed to promptly notify immigration and foreign affairs agencies of both new hold-departure orders and any cancellations, such as an acquittal or dismissal. The purpose is to avoid the indiscriminate issuance of these orders that infringe on individuals' right to travel.

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    hold departure order, when issued

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    The document outlines guidelines for judges issuing hold-departure orders. It states that such orders should only be issued in criminal cases under the jurisdiction of regional trial courts. It also provides that the orders must contain specific identifying information about the individual barred from leaving as well as case details. Regional trial courts are instructed to promptly notify immigration and foreign affairs agencies of both new hold-departure orders and any cancellations, such as an acquittal or dismissal. The purpose is to avoid the indiscriminate issuance of these orders that infringe on individuals' right to travel.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    157 views1 page

    Circular No. 39-97

    Uploaded by

    Karie Ferenal Escatron-Cabando
    The document outlines guidelines for judges issuing hold-departure orders. It states that such orders should only be issued in criminal cases under the jurisdiction of regional trial courts. It also provides that the orders must contain specific identifying information about the individual barred from leaving as well as case details. Regional trial courts are instructed to promptly notify immigration and foreign affairs agencies of both new hold-departure orders and any cancellations, such as an acquittal or dismissal. The purpose is to avoid the indiscriminate issuance of these orders that infringe on individuals' right to travel.

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    © All Rights Reserved
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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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