6/7/2020
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may issue a HDO against an accused in a criminal case so that he may be dealt with in
accordance with law.[135] It does not require legislative conferment or constitutional
recognition; it co-exists with the grant of judicial power. In Defensor-Santiago vs.
Vasquez,[136] the Court declared, thus:
Courts possess certain inherent powers which may be said to be implied
from a general grant of jurisdiction, in addition to those expressly conferred
on them. These inherent powers are such powers as are necessary for the
ordinary and efficient exercise of jurisdiction; or essential to the existence,
dignity and functions of the court, as well as to the due administration of
justice; or are directly appropriate, convenient and suitable to the execution
of their granted powers; and include the power to maintain the court's
jurisdiction and render it effective in behalf of the litigants.[137]
The inherent powers of the courts are essential in upholding its integrity and largely
beneficial in keeping the people's faith in the institution by ensuring that it has the
power and the means to enforce its jurisdiction.
As regards the power of the courts to regulate foreign travels, the Court, in Leave
Division, explained:
With respect to the power of the Court, Section 5 (6), Article VIII of the
1987 Constitution provides that the Supreme Court shall have
administrative supervision over all courts and the personnel thereof.
This provision empowers the Court to oversee all matters relating to the
effective supervision and management of all courts and personnel under it.
Recognizing this mandate, Memorandum Circular No. 26 of the Office of the
President, dated July 31, 1986, considers the Supreme Court exempt and
with authority to promulgate its own rules and regulations on foreign
travels. Thus, the Court came out with OCA Circular No. 49-2003 (B).
Where a person joins the Judiciary or the government in general, he or she
swears to faithfully adhere to, and abide with, the law and the corresponding
office rules and regulations. These rules and regulations, to which one
submits himself or herself, have been issued to guide the government
officers and employees in the efficient performance of their obligations.
When one becomes a public servant, he or she assumes certain duties with
their concomitant responsibilities and gives up some rights like the absolute
right to travel so that public service would not be prejudiced.[138]
It is therefore by virtue of its administrative supervision over all courts and personnel
that this Court came out with OCA Circular No. 49-2003, which provided for the
guidelines that must be observed by employees of the judiciary seeking to travel
abroad. Specifically, they are required to secure a leave of absence for the purpose of
foreign travel from this Court through the Chief Justice and the Chairmen of the
Divisions, or from the Office of the Court Administrator, as the case maybe. This is "to
ensure management of court dockets and to avoid disruption in the administration of
justice."[139]
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