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    OCA Circular No. 39 1997 PDF

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    Christian Roque
    This document outlines guidelines for issuing hold-departure orders from courts in the Philippines. It states that hold-departure orders should only be issued in criminal cases, courts must provide the orders to immigration and foreign affairs within 24 hours, and the orders must contain specific identifying information about the individual. It also specifies that courts must notify these agencies when an acquittal or dismissal cancels a hold-departure order. Regional trial courts are directed to review existing hold-departure order lists and update agencies on the status. This circular revokes prior guidelines and takes effect immediately.

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    OCA Circular No. 39 1997 PDF

    Uploaded by

    Christian Roque
    120 views2 pages
    This document outlines guidelines for issuing hold-departure orders from courts in the Philippines. It states that hold-departure orders should only be issued in criminal cases, courts must provide the orders to immigration and foreign affairs within 24 hours, and the orders must contain specific identifying information about the individual. It also specifies that courts must notify these agencies when an acquittal or dismissal cancels a hold-departure order. Regional trial courts are directed to review existing hold-departure order lists and update agencies on the status. This circular revokes prior guidelines and takes effect immediately.

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    This document outlines guidelines for issuing hold-departure orders from courts in the Philippines. It states that hold-departure orders should only be issued in criminal cases, courts must provide the orders to immigration and foreign affairs within 24 hours, and the orders must contain specific identifying information about the individual. It also specifies that courts must notify these agencies when an acquittal or dismissal cancels a hold-departure order. Regional trial courts are directed to review existing hold-departure order lists and update agencies on the status. This circular revokes prior guidelines and takes effect immediately.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    120 views2 pages

    OCA Circular No. 39 1997 PDF

    Uploaded by

    Christian Roque
    This document outlines guidelines for issuing hold-departure orders from courts in the Philippines. It states that hold-departure orders should only be issued in criminal cases, courts must provide the orders to immigration and foreign affairs within 24 hours, and the orders must contain specific identifying information about the individual. It also specifies that courts must notify these agencies when an acquittal or dismissal cancels a hold-departure order. Regional trial courts are directed to review existing hold-departure order lists and update agencies on the status. This circular revokes prior guidelines and takes effect immediately.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

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    19 June 1997

    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


    resultingin inconvenience to the parties affected, the same being tantamount to an
    infringementon 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,
    thefollowing 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 ofthe 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 courts concerned shall furnish the Department of Foreign Affairs
    and the Bureau of Immigration with a copy each of the judgment of
    -2-

    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 are hereby
    directed to 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.

    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.

    ALFREDO L. BENIPAYO
    Court Administrator

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