A.M. No. 99-12-192-MTC - Hold Departure Order Issued by Acting Judge Aniceto L. Madronio

The case involves Criminal Case No. 5275, People of the Philippines v. Christopher Castrence, which charges the accused with forcible abduction with rape and homicide.
On December 22, 1998, Acting Judge Aniceto L. Madronio, Jr. of the Municipal Trial Court in Manaoag, Pangasinan, issued a hold departure order in connection with the case.
The hold departure order was later indorsed by the Secretary of Justice on January 15, 1999.

The Secretary of Justice noted that the issued hold departure order violated the provisions of Circular No. 39-97, dated June 19, 1997, of the Supreme Court.
Circular No. 39-97 strictly limits the authority to issue hold departure orders exclusively to Regional Trial Courts in criminal cases within their exclusive jurisdiction.
The circular also enumerates detailed guidelines including:

Hold departure orders must contain complete personal information of the affected individual (complete name, date and place of birth, etc.).
The order must include case details such as the complete title, docket number, specific nature of the case, and the order’s date.
Copies of the order should be submitted to the Department of Foreign Affairs (DFA) and the Bureau of Immigration (BI) within 24 hours via the fastest available means.
In events of acquittal or case dismissal, corresponding judicial orders must detail the cancellation of the hold departure order and be similarly transmitted to the DFA and BI.

Judge Madronio admitted that the hold departure order was issued through oversight, attributing his error to the stress of multiple assignments and a severe cardiac illness that necessitated surgery.
This was not the first instance of a similar violation by Judge Madronio; he had been previously reprimanded in a related administrative case (Administrative Matter No. 99-7-105-MTC dated August 17, 1999) for breaching Circular No. 39-97.
Despite his citing of personal hardships, the previous reprimand and repeated violation underscore a continuing breach of judicial protocol.

The hold departure order dated April 13, 1998, issued by Judge Juan C. Nartatez of the Municipal Trial Court, Branch 3, Davao City (A.M. No. 98-10-141-MTCC, November 18, 1998).
The order issued by Judge Eusebio M. Barot of the Municipal Trial Court, Branch 2, Aparri, Calayan, Cagayan (A.M. No. 98-8-108-MCTC, August 25, 1999).
The order issued by Judge Luisito T. Adaoag of the Municipal Trial Court, Camiling, Tarlac (A.M. No. 99-8-126-MTC, September 22, 1999).

In those cases, the Court imposed reprimands on the offending judges, emphasizing the seriousness of disregarding the circular.

Whether the issuance of a hold departure order by a Municipal Trial Court, rather than a Regional Trial Court, falls outside the strict jurisdictional limits set by Circular No. 39-97.
Whether the noted violation in the issuance of the order undermines the integrity and uniformity of judicial procedure in criminal cases.

Whether Judge Madronio’s explanation of his oversight due to his cardiac illness and multiple court assignments is a justifiable reason for the repeated violation of the circular.
Whether the prior reprimand for a similar violation should influence the severity of the disciplinary action in the current instance.

Whether previous cases of similar violations, which led to the imposition of reprimands, set a clear precedent that necessitates a comparable ruling in this case.
Whether a continued infringement on procedural guidelines warrants escalated disciplinary measures.