Furnishing the Bureau of Immigration with Copies of Issued Hold Departure Orders
OCA Circular No. 48-13, issued on April 1, 2013, directs all Regional Trial Court Judges in the Philippines to provide the Bureau of Immigration with copies of issued Hold Departure Orders (HDOs) only, rather than copies of Warrants or Orders of Arrest. This directive arises from a previous Supreme Court Temporary Restraining Order that restricts the Department of Justice from implementing certain regulations related to HDOs. The Bureau of Immigration lacks the authority to detain or prevent individuals from leaving the country without an active HDO from a competent court. Judges are instructed to comply strictly with this directive.
Law Information
- Reference Number
- OCA Circular No. 48-13
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
April 1, 2013
OCA CIRCULAR NO. 48-13
| TO | : | All Regional Trial Court Judges |
| SUBJECT | : | Furnishing the Bureau of Immigration with Copies of Issued Hold Departure Orders |
Acting on the letter dated 25 February 2013 of the Hon. Ricardo A. David, Jr., Commissioner, Commission of the Bureau of Immigration, reiterating his previous recommendation that trial "courts be advised of the present limitation imposed by the Temporary Restraining Order from the Supreme Court last November 2011, preventing the Department of Justice (DOJ) from implementing DOJ Circular 41 (otherwise known as the Consolidated Rules and Regulations Governing the Issuances and Implementing of Hold Departure Orders, Watchlist Orders and Allow Departure Orders), considering that "(t)he Bureau, on its own, has no authority to detain or prevent the departure of persons leaving the country unless there exists an active Hold Departure Order issued by a competent court," all Regional Trial Court Judges are hereby DIRECTED TO DESIST from furnishing the Bureau of Immigration with copies of Warrants/Orders of Arrest, but instead should furnish the Bureau with copies of issued Hold Departure Orders, if any.
For strict compliance.
(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator
Cite This Law
Furnishing the Bureau of Immigration with Copies of Issued Hold Departure Orders, OCA Circular No. 48-13, Apr 1, 2013 (Philippines)
Furnishing the Bureau of Immigration with Copies of Issued Hold Departure Orders, OCA Circular No. 48-13 (Phil. 2013)
Related Laws
- Furnishing the Bureau of Immigration with Copies of (A) Outstanding Warrants of Arrest and the Subsequent Orders Relative Thereto; and (B) Issued Hold Departure OrdersOCA Circular No. 64-14 • Apr 23, 2014 • Supreme Court Issuances
- Inventory of Hold-Departure OrdersOCA Circular No. 84-13 • Jun 27, 2013 • Supreme Court Issuances
- Inclusion of Complete Information in Hold-Departure OrdersOCA Circular No. 3-99 • Jan 12, 1999 • Supreme Court Issuances
- Information on Status of Cases Wherein Hold-Departure Orders had been IssuedOCA Circular No. 8-99 • Jan 27, 1999 • Supreme Court Issuances
- Guidelines in the Issuance of Hold-Departure OrdersOCA Circular No. 39-97 • Jun 19, 1997 • Supreme Court Issuances
- Rule on Precautionary Hold Departure Order<--!08072018-->A.M. No. 18-07-05-SC • Aug 7, 2018 • Supreme Court Issuances
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