Case Digest (A.M. No. 01-9-245-MTC)
Facts:
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, Supreme Court First Division, Kapunan, J., writing for the Court.The matter arose from an undated indorsement by Hernando B. Perez, Secretary of the Department of Justice, concerning a hold-departure order that Judge Agustin T. Sardido of the Municipal Trial Court (MTC) of Koronadal, South Cotabato issued in Criminal Case No. 19418 entitled People of the Philippines v. Jinky A. Besorio for estafa. The judge granted a motion filed by the private complainants and directed the Bureau of Immigration (BI) to cause issuance of a hold-departure order against the accused.
When asked to comment, Judge Sardido explained that he issued the hold-departure order because he believed he had authority to do so and admitted he was unaware that he lacked such authority. The Office of the Court Administrator, through Deputy Court Administrator Jose P. Perez, reviewed the matter and found that the issuance was erroneous. The Deputy Court Administrator recommended that Judge Sardido be reprimanded and warned, and be advised to keep abreast of the Court’s issuances.
The Court considered Circular No. 39-97, which provides that hold-departure orders shall be issued only in criminal cases within the exclusive jurisdiction of the Regional Trial Courts (RTCs), and relevant provisions of the Code of Judicial Conduct (Canon 3, Rule 3.01). The Court also noted ...(Subscriber-Only)
Issues:
- Did the Municipal Trial Court judge have authority to issue a hold-departure order in Criminal Case No. 19418?
- Did Judge Agustin T. Sardido’s issuance of the hold-departure order constitute misconduct warranting disciplinary action?
- If disciplinary action was warranted, what p...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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