Friday, April 8, 2016

Hold departure order (HDO)

BERNADETTE MONDEJAR vs. JUDGE MARINO S. BUBAN, MTCC, Tacloban City Branch 1, A.M. No. MTJ-01-1349.  July 12, 2001.

“x x x.

Circular No. 39-97 limits the authority to issue hold-departure orders to criminal cases within the jurisdiction of second level courts.   Paragraph No. 1 of the said circular specifically provides that “hold-departure orders shall be issued only in criminal cases within the exclusive jurisdiction of the Regional Trial Courts.”  

Clearly then, criminal cases within the exclusive jurisdiction of First Level Courts do not fall within the ambit of the circular, and it was an error on the part of respondent judge to have issued one in the instant case.

Canon 3, Rule 3.01 of the Code of Judicial Conduct exhorts judges to be “faithful to the law and maintain professional competence.”

The Court, in exercising administrative supervision of all lower courts, has not been remissed in reminding the members of the bench to exert due diligence in keeping abreast with the development in law and jurisprudence.  

Besides, Circular No. 39-97 is not a new circular.   It was circularized in 1997 and violation of which has been accordingly dealt with in numerous cases before the Court.  Herein judge, therefore, cannot be excused for his infraction.  Judges should always be vigilant in their quest for new developments in the law so they could discharge their duties and functions with zeal and fervor.

X x x.”