Supreme Court Circular No. 39-97 Governing Hold Departure Orders
- The Supreme Court issued Circular No. 39-97 on June 19, 1997, to regulate Hold Departure Orders (HDOs) issued by Regional Trial Courts (RTCs).
- The Circular sets mandatory requirements that must be present in every RTC-issued HDO.
Mandatory Contents of RTC-Issued Hold Departure Orders
- The HDO must include the following information:
- Complete name of the person affected, including middle name.
- The date of birth of the person.
- The place of last residence of the person.
- The complete title and docket number of the judicial case related to the HDO.
- A clear specification of the nature of the case.
- The date the HDO was issued.
- Where available, a recent photograph of the person subject to the HDO should also be attached.
Implementation and Enforcement Guidelines
- The Bureau of Immigration shall not implement any HDO that fails to comply with the strict requirements of Supreme Court Circular No. 39-97.
- Compliance with these requirements respects the constitutional right to travel while balancing law enforcement interests.
Effectivity and Legal Authority
- The guidelines were adopted through a Bureau of Immigration Memorandum Order (No. ADD-03-004) dated February 17, 2003.
- The order took effect immediately upon adoption.
- The issuance and enforcement rest on the authority of the Bureau Commissioner, Andrea D. Domingo.