[ OCA CIRCULAR NO. 65-2011, May 20, 2011 ]

[ OCA CIRCULAR NO. 65-2011, May 20, 2011 ]

[ OCA CIRCULAR NO. 65-2011, May 20, 2011 ]

TO :

ALL JUDGES OF THE SECOND LEVEL COURTS

SUBJECT:

REITERATION OF PARAGRAPH 3 OF CIRCULAR NO. 39-97

DATED 19 JUNE 1997 (RE: GUIDELINES IN THE ISSUANCE OF HOLD-DEPARTURE ORDERS)

In his 05 May 2011 letter, Commissioner Ricardo A. David, Jr. of the Bureau of Immigration requests the reiteration of Circular No. 39-97 dated 19 June 1997 (Re: Guidelines in the Issuance of Hold-Departure Orders). It appears that despite the issuance of OCA Circular No. 18-2003 dated 20 February 2003 (Re: Reiteration of Par.3e Circular No. 39-97 dated 19 June 1997), the Bureau still encounters the same problem where passengers with namesakes complain of being withheld for secondary inspection due to lack of middle name and date of birth entries in the Hold-Departure Orders issued by the courts.

To address the concern of the Bureau and enable it to effectively implement the Hold-Departure Orders issued by the courts, all concerned Judges are again hereby REMINDED to strictly observe the guidelines set forth in Circular No. 39-97, particularly paragraph 3 thereof:

"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 ti.tle 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 has been issued or whose departure from the country has been enjoined should also be included" (italics supplied).

20 May 2011.

(SGD.) NIMFA C. VILCHES Deputy Court Administrator and Officer-in-Charge Office of the Court Administrator