Furnishing the Bureau of Immigration with Copies of (A) Outstanding Warrants of Arrest and the Subsequent Orders Relative Thereto; and (B) Issued Hold Departure Orders

April 23, 2014

OCA CIRCULAR NO. 64-14

 

In OCA Circular No. 48-2013, dated 1 April 2013, "all Regional Trial Court Judges (were) DIRECTED TO DESIST from furnishing the Bureau (of Immigration), with copies of Warrants/Orders of Arrest, but instead, furnish the Bureau with copies of issued Hold Departure Orders, if any," upon the request of then Commissioner of the Bureau of Immigration Ricardo A. David, Jr. in his letter dated 25 February 2013.

In his letters dated 20 September 2013 and 26 December 2013, the incumbent Commissioner of the Bureau, Hon. Siegfred B. Mison, requested that all courts be directed to furnish the Bureau with copies of all outstanding warrants of arrest and the subsequent orders relative thereto for inclusion in the Bureau's derogatory database and the consequent revocation of OCA Circular No. 48-2013. Commissioner Mison stated that the request is in view of the new policy of the Bureau to adopt a proactive measure to aid in the furtherance of justice. He explained that while it is true that the Bureau has no authority to detain or prevent the departure of a person leaving the country unless there exists an active Hold Departure Order issued by a competent court, the information will allow more efficient coordination with other law enforcement agencies in the effective execution of warrants of arrest specifically at the point of departure of a suspected fugitive. HICSaD

Further, for ease of processing at the immigration counters and to avoid inconvenience to persons having the same names as those who are subjects of warrants of arrest, Commissioner Mison requested that all warrants of arrest include the following details:

1. The complete name, including the middle name, of the person who is the subject of the warrant of arrest;

2. The date and place of birth, and the place of last residence of the person who is the subject of the warrant of arrest;

3. The complete title and the docket number of the case in which the warrant of arrest was issued;

4. The specific nature of the case; and

5. The date of the warrant of arrest.

Considering the new policy of the Bureau of Immigration and the purpose and intention behind the policy, all trial court judges are hereby DIRECTED TO:

a. FURNISH the Bureau of Immigration with copies of (1) outstanding warrants of arrest and the subsequent orders relative thereto; and (2) issued Hold Departure Orders; and

b. INCLUDE the above details in the warrants of arrest if possible and available.

This circular supersedes OCA Circular No. 48-2013 in so far as the policy on the issuance of warrants of arrest is concerned. AEHCDa

(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator