Case Digest: OCA vs Mendoza, AM NO. 00-1281-MTJ, September 14, 2000

                          New Code of Judicial Conduct, Competence and diligence |     Legal Ethics


Facts:

Secretary of Justice Cuevas indorsed a "hold-departure" order issued by Judge Mendoza to the Court Administrator.

The order was issued in violation of Supreme Court Circular No. 39-97.

Judge Mendoza claimed the order was based on a formal motion by the prosecutor in response to a request from the victim's sister.

The Court Administrator recommended reprimanding Judge Mendoza and warned about future consequences for similar infractions. Judge Mendoza was reminded of his duty to stay updated with court issuances.

Issue:

WoN the respondent judge is administratively liable. YES.


Held:

The recommendation of the Court Administrator is well-taken. Circular No. 39-97 limits the authority to issue hold-departure orders to the Regional Trial Courts in criminal cases within their exclusive jurisdiction. 

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.

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; (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 acquittal promulgated or the order of dismissal twenty-four (24) hours from the time of promulgation/issuance and 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.


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 has not been remised in reminding judges to exert diligent efforts in keeping abreast with developments in law and jurisprudence. Needless to state, the process of learning the law and the legal system is a never-ending endeavor, hence, judges should always be vigilant in their quest for knowledge so they could discharge their duties and responsibilities with zeal and fervor.


Ruling:

WHEREFORE, Judge Salvador B. Mendoza is hereby REPRIMANDED with the WARNING that a repetition of the same or similar acts in the future will be dealt with more severely.


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