Guidelines in the Issuance of Hold-Departure Orders
OCA Circular No. 39-97, issued on June 19, 1997, provides guidelines for the issuance of Hold-Departure Orders (HDOs) in the Philippines to prevent indiscriminate application that infringes on individuals' rights to travel. HDOs may only be issued in criminal cases under the exclusive jurisdiction of Regional Trial Courts, which must promptly inform the Department of Foreign Affairs and the Bureau of Immigration within 24 hours. The HDO must include specific details about the individual, the case, and a recent photograph if available. Additionally, if a defendant is acquitted or a case is dismissed, the corresponding judgment must include the cancellation of the HDO, with notifications to relevant agencies also required within 24 hours. This circular revokes previous related circulars and is effective immediately.
June 19, 1997
OCA CIRCULAR NO. 39-97
| TO | : | All Judges |
| SUBJECT | : | Guidelines in the Issuance of Hold-Departure Orders |
In order to avoid the indiscriminate issuance of Hold-Departure Orders resulting in inconvenience to the parties affected the same being tantamount to an infringement on the right and liberty of an individual to travel and to ensure that the Hold-Departure Orders which are issued contain complete and accurate information, the following guidelines are hereby promulgated:
1. Hold-Departure Orders shall be issued only in criminal cases within the exclusive jurisdiction of the Regional Trial Courts;
2. The Regional Trial Courts issuing the Hold-Departure Order shall furnish the Department of Foreign Affairs (DFA) and the Bureau of Immigration (BI) of the Department of Justice with a copy each of the Hold-Departure Order issued within twenty-four (24) hours from the time of issuance and through the fastest available means of transmittal;
3. The Hold-Departure Order shall contain the following information:
a. The complete name (including the middle name), the date and place of birth and the place of last residence of the person against whom a Hold-Departure Order has been issued or whose departure from the country has been enjoined;
b. The complete title and the docket number of the case in which the Hold-Departure Order was issued;
c. The specific nature of the case; and
d. The date of the Hold-Departure Order.
If available a recent photograph of the person against whom a Hold- Departure Order has been issued or whose departure from the country has been enjoined should also be included.
4. Whenever (a) the accused has been acquitted; or (b) the case has been dismissed, the judgment of acquittal or the order of dismissal shall include therein the cancellation of the Hold-Departure Order issued. The courts concerned shall furnish the Department of Foreign Affairs and the Bureau of Immigration with a copy each of the judgment of acquittal promulgated or the order of dismissal issued within twenty-four (24) hours from the time of promulgation/issuance and likewise through the fastest available means of transmittal.
All Regional Trial Courts which have furnished the Department of Foreign Affairs with their respective lists of active Hold-Departure Orders are hereby directed to conduct an inventory of the Hold-Departure Orders included in the said lists and inform the government agencies concerned of the status of the Orders involved.
This Circular revokes Circular No. 38-94 dated 6 June 1994 and Circular No. 62-96 dated 9 September 1996, takes effect immediately and shall remain in force until further orders.
For strict compliance.
(SGD.) ALFREDO L. BENIPAYOCourt Administrator