The Supreme Court held that municipal trial court judges do not have the authority to issue hold departure orders (HDOs) in criminal cases, as this authority is limited to regional trial courts based on Circular No. 39-97. The case involved an HDO issued by an MTC judge in a rape and homicide case, which the Secretary of Justice questioned. While the judge admitted his mistake, the SC still reprimanded him given a prior case of violating the same circular. The SC reminded lower courts to follow the guidelines limiting HDO issuance to RTCs in criminal cases under their jurisdiction.
The Supreme Court held that municipal trial court judges do not have the authority to issue hold departure orders (HDOs) in criminal cases, as this authority is limited to regional trial courts based on Circular No. 39-97. The case involved an HDO issued by an MTC judge in a rape and homicide case, which the Secretary of Justice questioned. While the judge admitted his mistake, the SC still reprimanded him given a prior case of violating the same circular. The SC reminded lower courts to follow the guidelines limiting HDO issuance to RTCs in criminal cases under their jurisdiction.
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6 HDO issued by Judge Madronio, MTC Manaoag, Pangasinan
The Supreme Court held that municipal trial court judges do not have the authority to issue hold departure orders (HDOs) in criminal cases, as this authority is limited to regional trial courts based on Circular No. 39-97. The case involved an HDO issued by an MTC judge in a rape and homicide case, which the Secretary of Justice questioned. While the judge admitted his mistake, the SC still reprimanded him given a prior case of violating the same circular. The SC reminded lower courts to follow the guidelines limiting HDO issuance to RTCs in criminal cases under their jurisdiction.
The Supreme Court held that municipal trial court judges do not have the authority to issue hold departure orders (HDOs) in criminal cases, as this authority is limited to regional trial courts based on Circular No. 39-97. The case involved an HDO issued by an MTC judge in a rape and homicide case, which the Secretary of Justice questioned. While the judge admitted his mistake, the SC still reprimanded him given a prior case of violating the same circular. The SC reminded lower courts to follow the guidelines limiting HDO issuance to RTCs in criminal cases under their jurisdiction.
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3.
The Hold-Departure Order shall contain the following information:
a. The complete name (including the middle name), the date and place of HDO issued by Judge Madronio, MTC Manaoag, birth and the place of last residence of the person against whom a Hold- AM No. 99-12-192-MTC Pangasinan Departure Order has been issued or whose departure from the country January 26, 2000 Mendoza, J has been enjoined; b. The complete title and the docket number of the case in which the Hold- Jurisdiction to Issue Hold Departure Orders Fernandez Departure Order was issued; c. The specific nature of the case; and SUMMARY: Secretary of Justice questioned the propriety of the issuance of a hold d. The date of the Hold-Departure Order.If available, a recent photograph departure order in criminal case, “Ppl v. Christopher Castrence” by Acting Judge of the person against whom a Hold-Departure Order has been issued or Aniceto Madronio, Jr., of MTC Manaoag, Pangasinan, stating that the same is contrary whose departure from the country has been enjoined should also be to Circ. No. 39-97.The SC held that, indeed, the authority to issue HDOs is limited to included. RTCs in criminal cases within their exclusive territorial jurisdiction. SC reprimanded 4. Whenever (a) the accused has been acquitted; (b) the case has been the Judge. dismissed, the judgment of acquittal or the order of dismissal shall include therein the cancellation of the Hold Departure Order issued. The courts DOCTRINE: The authority to issue HDOs is limited to RTCs in criminal cases concerned shall furnish the Department of Foreign Affairs and the Bureau of within their exclusive jurisdiction. Immigration with a copy each of the judgment of acquittal promulgated or the FACTS: order of dismissal twenty-four (24) hours from the time of Acting Judge Aniceto Madronio, Jr., MTC Manaoag, issued a hold-departure order promulgation/issuance and through the fastest available means of transmittal. in criminal case “Ppl v. Christopher Castrence” for forcible abduction with rape and “All Regional Trial Courts which have furnished the Department of Foreign Affairs homicide. This issuance was questioned by the Secretary of Justice, calling attention with their respective lists of active Hold Departure Orders are hereby directed to to the fact that the said HDO is contrary to Circ. No. 39-97. 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 Madronio admitted his mistake, stating that he signed the order through oversight, pleading for leniency in view of his cardiac illness and his The Court took note of the fact that in 1999, a similar complaint for violation of the assignment to 3 salas in addition to the MTC of Manaoag. same circular has been filed against Judge Madronio, wherein the SC found him ISSUE(S): WoN MTC Judges can issue HDOs - N guilty and reprimanded him with a warning that a repetition of the same would be dealt with more severely. That fact of his illness and additional assignments does not HELD: excuse him. However, considering that the act complained of was committed before Circ. No. 39-97 limits the authority to issue HDOs to RTCs in criminal cases within the decision in his previous case, SC simply reprimanded him. their exclusive jurisdiction. It provides the ff guidelines on the issuance of HDOs: “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;
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