The Supreme Court reprimanded Judge Agustin T. Sardido for issuing a hold-departure order (HDO) in an estafa case, which falls outside the jurisdiction of Municipal Trial Courts (MTCs). This ruling reinforces that MTCs can only issue HDOs for criminal cases within the exclusive jurisdiction of the Regional Trial Courts. The decision serves as a reminder to judges to remain up-to-date with prevailing laws and jurisprudence to ensure the protection of an individual’s right to travel. The case underscores the importance of adhering to procedural rules and respecting jurisdictional limits to prevent potential abuses of power and infringements on constitutional rights.

Crossing Boundaries: When Can a Local Court Restrict International Travel?

This case arose from an undated endorsement by the Secretary of the Department of Justice regarding a hold-departure order issued by Judge Agustin T. Sardido of the Municipal Trial Court of Koronadal, South Cotabato. The order was issued in Criminal Case No. 19418, “People of the Philippines v. Jinky A. Besorio,” an estafa case. Judge Sardido, acting on a motion by the private complainants, directed the Bureau of Immigration to prevent the accused from leaving the country. Upon being asked to comment, Judge Sardido admitted that he was unaware of his lack of authority to issue such an order, claiming he believed he had the power to do so at the time.

The Deputy Court Administrator, Jose P. Perez, reviewed the matter and concluded that Judge Sardido had indeed erred in issuing the hold-departure order. The recommendation was for Judge Sardido to be reprimanded and warned against repeating similar acts, as well as advised to stay informed about the latest issuances from the Supreme Court. This recommendation stemmed from the clear guidelines established in Circular No. 39-97, which specifies that hold-departure orders are to be issued only in criminal cases falling under the exclusive jurisdiction of the Regional Trial Courts (RTCs). This circular effectively excludes Municipal Trial Courts from issuing such orders.

The Supreme Court has consistently emphasized the importance of adhering to Circular No. 39-97, designed to prevent the indiscriminate issuance of hold-departure orders. These orders can severely restrict an individual’s right to travel, a constitutionally protected freedom. The guidelines laid out in the circular aim to balance the need to ensure that accused individuals are available to face justice with the fundamental rights of citizens. The circular outlines specific requirements for issuing HDOs:

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:
   1. 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;
   2. The complete title and the docket number of the case in which the Hold-Departure Order was issued;
   3. The specific nature of the case; and
   4. 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.

The Code of Judicial Conduct also plays a crucial role in this context. Canon 3, Rule 3.01, mandates that judges must be faithful to the law and maintain professional competence. The Supreme Court, in its supervisory role over lower courts, consistently reminds judges to stay updated on legal developments and jurisprudence. Given that Circular No. 39-97 was issued in 1997 and has been the subject of numerous cases, Judge Sardido’s ignorance was deemed inexcusable. The Court emphasized that judges must actively seek to understand and apply the law correctly to avoid infringing on individuals’ rights.

To illustrate the impact of this ruling, consider a situation where a person is wrongly prevented from traveling due to an improperly issued hold-departure order. This could result in significant financial losses, missed opportunities, and emotional distress. The Supreme Court’s decision serves as a safeguard against such abuses of power. It reinforces the principle that the right to travel is a fundamental right that can only be restricted under specific circumstances and by courts with the appropriate jurisdiction.

In similar cases involving violations of this nature, the Supreme Court has consistently imposed the penalty of reprimand. For example, in Office of the Court Administrator v. Judge Salvador B. Mendoza, A.M. No. 00-1281-MTJ, September 14, 2000, a judge was reprimanded for a similar violation. The Court, in this case, found no reason to deviate from this established precedent and, thus, imposed the same penalty on Judge Sardido. The Supreme Court’s decision to reprimand Judge Sardido underscores the importance of judicial competence and adherence to established legal procedures.

The implications of this ruling extend beyond individual cases. It reinforces the structural integrity of the Philippine judicial system by ensuring that lower courts do not overstep their jurisdictional boundaries. This adherence to jurisdictional limits is crucial for maintaining the rule of law and preventing arbitrary actions by government officials. By strictly enforcing these rules, the Supreme Court protects the rights of citizens and upholds the principles of justice and fairness.

FAQs

What was the key issue in this case?	The key issue was whether a Municipal Trial Court (MTC) judge had the authority to issue a hold-departure order in a criminal case of estafa.
What is a hold-departure order?	A hold-departure order is a directive issued by a court to the Bureau of Immigration, preventing a person from leaving the country.
Which courts can issue hold-departure orders?	According to Circular No. 39-97, only Regional Trial Courts (RTCs) have the authority to issue hold-departure orders in criminal cases.
What was the Supreme Court’s decision?	The Supreme Court reprimanded Judge Agustin T. Sardido for issuing a hold-departure order without the proper authority.
What is the basis for limiting the issuance of hold-departure orders?	The limitation is based on the need to protect an individual’s constitutional right to travel and to prevent the indiscriminate issuance of such orders.
What should judges do to avoid similar errors?	Judges should remain updated on the latest laws, circulars, and jurisprudence issued by the Supreme Court to ensure they act within their legal authority.
What is the significance of Circular No. 39-97?	Circular No. 39-97 provides guidelines on the issuance of hold-departure orders, specifying which courts have the authority to issue them and the requirements for doing so.
What Canon of the Code of Judicial Conduct is relevant to this case?	Canon 3, Rule 3.01, which requires judges to be faithful to the law and maintain professional competence, is relevant to this case.
What penalty did the judge receive?	Judge Agustin T. Sardido was reprimanded with a warning that a repetition of similar acts would be dealt with more severely.

In conclusion, this case serves as a crucial reminder of the importance of jurisdictional limits and the need for judges to stay informed about legal developments. The Supreme Court’s decision ensures that the right to travel is protected and that judicial authority is exercised responsibly and within the bounds of the law. This promotes a fair and just legal system that safeguards the rights of all individuals.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: RE: HOLD-DEPARTURE ORDER ISSUED BY JUDGE AGUSTIN T. SARDIDO, MTC, KORONADAL, SOUTH COTABATO IN CRIMINAL CASE NO. 19418, A.M. No. 01-9-245-MTC, December 05, 2001