Mandatory Observance of the Requirements Set Forth in Circular No. 39-97 Dated 19 June 1997
OCA Circular No. 221-2016 mandates all second-level court judges in the Philippines to strictly adhere to the guidelines established in Circular No. 39-97 regarding the issuance of Hold-Departure Orders (HDOs). This includes ensuring that HDOs contain complete and accurate information such as the individual's full name, date and place of birth, residence, case title, nature of the case, and the date of the order. Complainants and prosecutors are also required to provide all necessary information when petitioning for an HDO, as non-compliance may lead to denial of the order. The aim is to improve the efficiency of the Bureau of Immigration's implementation of HDOs.
Law Information
- Reference Number
- OCA Circular No. 221-2016
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
October 17, 2016
OCA CIRCULAR NO. 221-2016
| TO | : | All Second Level Court Judges |
| SUBJECT | : | Mandatory Observance of the Requirements Set Forth in Circular No. 39-97 Dated 19 June 1997 (Re: Guidelines in the Issuance of Hold-Departure Orders) |
In view of the recurring problem involving the issuance of Hold-Departure Orders (HDOs) with incomplete information, which hinders the efficient implementation of the Bureau of Immigration (BI), and acting on the letter-request dated 22 June 2016 of BI Commissioner Jaime H. Morente, all second level court judges are hereby MANDATED to observe the guidelines set forth in Circular No. 39-97, which state:
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 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. (Emphasis supplied.)
Complainants and prosecutors are likewise required to provide all the necessary information in their petitions for the issuance of HDO. Failure to observe the aforementioned guideline requirements may be a ground for the denial of the same. DETACa
For strict compliance.
(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator
Cite This Law
Mandatory Observance of the Requirements Set Forth in Circular No. 39-97 Dated 19 June 1997, OCA Circular No. 221-2016, Oct 17, 2016 (Philippines)
Mandatory Observance of the Requirements Set Forth in Circular No. 39-97 Dated 19 June 1997, OCA Circular No. 221-2016 (Phil. 2016)
Related Laws
- Reiteration of Paragraph 3 of Circular No. 39-97 Dated 19 June 1997 (Re: Guidelines in the Issuance of Hold-Departure Orders)OCA Circular No. 65-11 • May 20, 2011 • Supreme Court Issuances
- Reiteration of Paragraph 3 of Circular No. 39-97 dated 17 June 1997OCA Circular No. 18-03 • Feb 20, 2003 • Supreme Court Issuances
- Clarification on the Matter of Disposal of Batas Pambansa Blg. 22 Cases with Unpaid Filing Fees Pursuant to Supreme Court Circular No. 57-97 Dated 16 September 1997OCA Circular No. 141-03 • Sep 30, 2003 • Supreme Court Issuances
- Procedural Guidelines in Collection of Filing Fees Under SC Circular No. 57-97OCA Circular No. 70-97 • Oct 21, 1997 • Supreme Court Issuances
- Guidelines in the Issuance of Hold-Departure OrdersOCA Circular No. 39-97 • Jun 19, 1997 • Supreme Court Issuances
- Procedural Guidelines in the Collection of the Filing Fees Subject of Supreme Court Circular No. 57-97 Dated 16 September 1997 and Other Legal Fees Involved; and the Docketing of the Criminal Case/s on the Violation of Batas Pambansa Blg. 22Supreme Court Circular No. 070-97 • Oct 21, 1997 • Supreme Court Issuances
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