Title
IN RE: Occiano
Case
A.M. No. 02-1-27-MCTC
Decision Date
May 7, 2002
Judge Occiano issued a hold-departure order outside RTC jurisdiction, violating SC Circular No. 39-97, leading to a fine and warning for grave misconduct.
fine
grave misconduct
violation
A

Case Summary (G.R. No. L-36410)

Factual Background

On 3 June 1998, Elias Borromeo, then Second Assistant Provincial Prosecutor of Camarines Sur, filed motions in Criminal Cases Nos. 7353 and 7363 for the issuance of a hold-departure order against Helen S. Zabala. On the same day, respondent judge issued the hold-departure order and immediately furnished a copy to the CID. On 22 June 1998, Commissioner Homobono A. Adaza referred the hold-departure order to DOJ Secretary Serafin V. Cuevas for appropriate action. Secretary Cuevas then referred the matter to Court Administrator Alfredo L. Benipayo, noting that under Supreme Court Circular No. 39-97, a hold-departure order may be issued by a Regional Trial Court only.

Administrative Referral and Respondent’s Justification

In his Comment, respondent judge defended his action on two grounds. First, he asserted that his court had an inherent power to issue a hold-departure order despite Supreme Court Circular No. 39-97. Second, he claimed that the issuance was motivated by the interest of justice and by the desire to avoid frustrating the expeditious trial and early termination of the cases. The administrative recommendation came from Deputy Court Administrator Jose P. Perez, who proposed that respondent judge be reprimanded for violating Circular No. 39-97, which limited the authority to issue hold-departure orders to criminal cases falling within the jurisdiction of the Regional Trial Courts.

Deputy Court Administrator’s Recommendations and Context of Prior Cases

Deputy Court Administrator Perez also took into account that respondent judge had been previously sanctioned for similar acts. He noted that in MTJ-96-1104 entitled Francisco Bolilan v. Judge Salvador M. Occiano, respondent judge had been meted suspension from office for six months without pay. He further noted that another matter, OCA IPI No. 01-1049-MTJ entitled Mercedita M. Arenas vs. Judge Salvador Occiano, was still pending investigation and charged respondent judge with gross ignorance of the law. The Deputy Court Administrator emphasized that Circular No. 39-97 explicitly provided that hold-departure orders were to be issued only in criminal cases within the exclusive jurisdiction of the Regional Trial Courts, and that the language of the circular was clear and direct.

Controlling Guidelines Under Supreme Court Circular No. 39-97

The Court reproduced the pertinent portions of Supreme Court Circular No. 39-97 to emphasize its purpose and scope. The circular sought to avoid the indiscriminate issuance of hold-departure orders that would inconvenience parties, which it characterized as tantamount to an infringement on the right and liberty of an individual to travel. It also aimed to ensure that hold-departure orders contained complete and accurate information. The guidelines then provided, in substance, that hold-departure orders shall be issued only in criminal cases within the exclusive jurisdiction of the Regional Trial Courts.

The Court’s Findings on Lack of Authority and Protection of the Right to Travel

The Court held that respondent judge had no authority to issue a hold-departure order in Criminal Cases Nos. 7353 and 7363 because those cases did not fall within the jurisdiction of the Regional Trial Court. It stressed that respondent judge was aware of the coverage of Circular No. 39-97 yet refused to recognize and follow it. The Court viewed respondent judge’s reliance on inherent power as unavailing, because the circular was a lawful directive from the Court governing the issuance of hold-departure orders. The Court also rejected respondent judge’s justification that the order was meant solely for speed and early disposition, holding that courts must prioritize the doing of justice over expediency.

In support of the principle that disregard of a lawful circular constitutes a serious lapse, the Court cited People vs. Aranzado, G.R. Nos. 132442-44, 24 September 2001, and characterized respondent judge’s conduct as more than a mere error. It identified the act as a willful violation of a lawful rule that protected personal liberty. The Court further explained that the circular’s “very essence” was to prevent indiscriminate issuance that would impair the accused’s right and liberty to travel.

Issue on Administrative Liability and Applicable Standard

The central issue was whether respondent judge was administratively liable for issuing a hold-departure order in criminal cases outside the Regional Trial Courts’ exclusive jurisdiction, contrary to Supreme Court Circular No. 39-97. The Court treated the question not as an exercise of discretion but as a matter of authority and compliance with a binding administrative directive.

Parties’ Positions

Deputy Court Administrator Perez took the position that a reprimand was appropriate because respondent judge issued the hold-departure order in violation of the circular’s jurisdictional limitation. Respondent judge, in turn, asserted that he possessed inherent authority to issue such orders despite the circular and that his purpose was aligned with fairness and the prompt conduct of proceedings. The Court, however, concluded that respondent judge’s position could not negate the clear directive of Circular No. 39-97 and the deliberate character of the violation.

Ruling: Penalty and Warning

The Court found respondent judge guilty of grave misconduct, deliberate violation of a lawful circular of the Court, and conduct prejudicial to the best interest of the service. It held that the recommended reprimand was too lenient. The Court distinguished prior cases in which similar violations resulted in reprimand, noting that in those cases—such as Mondejar v. Judge Buban, A.M. No. MTJ-01-1349, 12 July 2001, and several hold-departure cases involving different judges—the Court had imposed reprimand. Nonetheless, it ruled that the circumstances here warranted a stiffer penalty because respondent judge did not commit a mere error of judgment; he gravely and deliberately disregarded the circular.

Consequently, the Court ordered respondent judge to pay a fine of Ten Thousand (P10,000) Pesos, payable within ten (10) days from receipt of the resolution. It also issued a stern warning that any commission of the same or similar act in the future would be dealt with more severely. The Court’s ruling was concurred in by the members of the First Division, including Puno, Kapunan, Ynarez-Santiago, and Austria-Martinez.

Legal Basis and Reasoning

The Court’s reasoning rested on the binding nature and clear coverage of Supreme Court Circular No. 39-97, which limited the issuance of hold-departure orders to criminal cases within the exclusive jurisdiction of the Regional Trial Courts. The Court held that issuing the hold-departure order in Criminal Cases Nos. 7353 and 7363, which fell outside that jurisdictional scope, constituted a deliberate violation. It further held that such disregard affected personal liberty by infringing the accused’s right and liberty to trave

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