6/7/2020
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[10] 246 Phil. 393 (1988) [Per J. Sarmiento, En Banc].
[11] Id. at 404-405.
[12] Id.
[13] CONST., art. VIII, sec. 5(6) provides:
Section 6. The Supreme Court shall have administrative supervision over all courts and
the personnel thereof.
[14] 678 Phil. 328 (2011) [Per J. Mendoza, En Banc].
[15] Id. at 341-342.
[16] Manotoc v. Court of Appeals, 226 Phil. 75, 82 (1986) [Per J. Fernan, En Banc].
[17] OCA Circular No. 39-97, Guidelines in the Issuance of Hold-Departure Orders
(1997):
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.
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