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CIRCULAR NO. 39-97.
CIRCULAR NO. 39-97
US Federal Laws, Statutes & Codes
TO: ALL JUDGES
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US Supreme Court Decisions

SUBJECT: GUIDELINES IN THE ISSUANCE OF HOLD-DEPARTURE ORDERS.
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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: chanroblesvirtuallawlibrary

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: chanroblesvirtuallawlibrary

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;

On-Line Bar
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On-Line Bar c. The specific nature of the case; and

Review 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
MCLE: until further orders.

For strict compliance.

[Sgd.] ALFREDO L. BENIPAYO

Court Administrator
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