EN BANC
[A.M. No. 98-10-141-MTCC. November 18, 1998]
RE: Hold Departure Order Dated April 13, 1998 Issued By Judge Juan C. Nartatez, Municipal Trial Court, Branch 3, Davao City.
D E C I S I O N
MENDOZA, J.:
This concerns the indorsement, dated
June 4, 1998, of the Secretary of Justice referring to the Court Administrator
a hold departure order issued by Judge Juan C. Nartatez of the Municipal Trial Court, Branch 3, Davao
City. The order was issued on April 23, 1998, in Criminal Cases Nos.
68,229-C-98 to 68,231-C-98, entitled People of the Philippines v. Eileen
Lope, for violations of Batas Pambansa Blg. 22, to prevent the departure of
the accused from the Philippines. The
Secretary of Justice calls attention to the fact that the order in question is
contrary to Circular No. 39-97 of this Court.
Indeed, the circular limits the authority to issue hold departure orders
to the Regional Trial Courts in criminal cases within their exclusive
jurisdiction.
Required to comment,[1] Judge Nartatez states that:
[He is] admitting that [he] issued the hold-departure order referred to in the letter of Ma. Daphne Dancel.
With deep regrets, [he] erroneously issued the order, unaware of the existence of Supreme Court Circular No. 39-97 dated June 19, 1997.
To rectify the error, [he] has issued his Order dated August 4, 1998 setting aside and/or recalling the hold-departure order, copy of which is enclosed.
Based on these facts, the Court
Administrator recommends that Judge Nartatez be reprimanded and reminded that
“he should keep himself abreast of Supreme Court issuances so as not to commit
the same mistake in the future.”
The Court finds this
recommendation well taken. The Code of
Judicial Conduct enjoins judges to be faithful to the law and maintain professional
competence.[2] They can live up to this
expectation only by diligent effort to keep themselves abreast of the legal and
jurisprudential developments. The learning process in law is a never ending and
ceaseless process.[3]
WHEREFORE, Judge Juan C. Nartatez is hereby REPRIMANDED with
WARNING that repetition of the same or similar acts will be dealt with more
severely.
SO ORDERED.
Narvasa, C.J., Davide Jr.,
Romero, Bellosillo, Melo, Puno, Vitug, Kapunan, Panganiban, Quisumbing,
Purisima and Pardo, JJ., concur.
Martinez, J., on official leave.