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SPECIAL TOPICS ON B.I. ALERT LISTS

CIRCULAR NO. 8-99


TO    : ALL CLERKS OF COURT OF THE REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS.


SUBJECT    : INFORMATION ON STATUTS OF CASES WHEREIN HOLD-DEPARTURE ORDERS HAVE BEEN ISSUED.


The Commissioner of Immigration has apprised this Office, through a letter dated 5 January 1999, that as of December 1998, there are 25,501 names of persons in the hold-departure list of the Bureau of Immigration. These persons are subject of Hold-Departure Orders issued by the Regional Trial Courts as well as by the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts prior to Circular No. 39-97 dated 19 June 1997. The Commissioner of Immigration states that the Bureau intends and proposes the mass lifting of the Hold-Departure Orders which are already ten [10] years old or more.

In order to obviate complaints from party litigants that Hold-Departure Orders have been inactivated or lifted although the criminal cases in which they had been issued are still pending or active, it is hereby directed that information be sent to the Commissioner of Immigration[*]
as to the status of the criminal cases to which these Hold-Departure Orders pertain. The Clerks of Court of the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts should furnish information on Hold-Departure Orders issued by their respective courts prior of Circular No. 39-97 dated 19 June 1997.

Information sent to the Commissioner of Immigration should include the complete name [including the middle name] of the person subject of the Hold-Departure Order, the complete title and docket number of the criminal case in which the said Hold-Departure Order was issued and the status of the said case as of the most recent date. Should there be any order issued by the court lifting the Hold-Departure Order, a copy thereof shall also be furnished the Commissioner of Immigration.

For strict compliance.  
      
[Sgd.] ALFREDO L. BENIPAYO
Court Administrator
   


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