Prescribing Rules and Regulations Governing the Issuance of Hold Departure Orders

1997

DOJ CIRCULAR NO. 17

PRESCRIBING RULES AND REGULATIONS GOVERNING THE ISSUANCE OF HOLD DEPARTURE ORDERS

WHEREAS, under Section 6, Article III of the 1987 Constitution, "The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law;"

WHEREAS, the indiscriminate issuance of Hold Departure Orders infringes upon the people's right to travel and should, therefore, be restrained;

NOW, THEREFORE, pursuant to the provisions of existing laws, the following Rules and Regulations are hereby issued to govern the issuance and implementation of Hold Departure Orders (HDOs):

1. As used in these Rules, unless the context otherwise requires —

a. "President" refers to the President of the Republic of the Philippines;

b. "Secretary" refers to the Secretary of Justice;

c. "Commissioner" refers to the Commissioner of the Bureau of Immigration; HICcSA

d. "Bureau" refers to the Bureau of Immigration; and

e. "HDO" refers to a Hold Departure Order issued by the President, Secretary or the proper Regional Trial Court commanding the Commissioner to prevent the departure for abroad of Filipinos and/or aliens named therein by including them in the Bureau's Hold Departure List.

2. An HDO shall be implemented by the Commissioner under any of these circumstances:

a. When the HDO was issued by the Regional Trial Court against an accused in a criminal case which is within its exclusive jurisdiction in accordance with Circular 39-97 of the Office of the Court Administrator dated June 19, 1997.

Whenever (a) the accused has been acquitted; or (b) the case has been dismissed, the HDO issued shall be lifted by the Commissioner upon receipt from the Court concerned of a copy of (a) the judgment of acquittal promulgated; or (b) the order of dismissal issued, both of which shall include therein the order for the cancellation of such HDO.

b. When the HDO was issued upon the order/instruction of the President of the Philippines in the interest of national security, public safety on public health, as may be provided by law.

The HDO issued shall be lifted by the Commissioner upon receipt of the order/instruction from the President to lift such HDO.

c. When the HDO was issued by the Secretary of Justice, upon application of an interested party, against any of the following:

i. An accused person who is released on bail.

The application shall be accompanied by a certified true copy of the order releasing the person on bail and a certification issued by the Clerk of Court concerned that the criminal case where the bail was issued is pending.

An Immigration Officer may cause the arrest of an accused who is released on bail without the necessity of a warrant if the latter attempts to leave the country without prior written permission of the court where the case is pending.

The HDO shall be lifted by the Commissioner upon order of the Secretary attached to which is (a) the certification issued by the Clerk of Court or other officer concerned that the case in which the bail was granted has been dismissed; or (b) a certified true copy of the decision of the court acquitting the accused; or (c) a certified true copy of the order of the court allowing the departure of the accused. If the criminal case is provisionally dismissed, a certified true copy of the order of the court allowing the departure of the accused shall be required. SacTAC

ii. A fugitive from justice.

The application shall be accompanied by a certified true copy of the criminal information and warrant/order of arrest against the fugitive and a certification issued by the Clerk of Court concerned that the warrant/order of arrest was returned unserved by the peace officer to whom the same was delivered for service.

The HDO shall be lifted by the Commissioner upon order of the Secretary attached to which is a certification issued by the Clerk of Court or other officer concerned allowing the departure of the accused during the pendency of the case, or that the warrant/order of arrest had been recalled, or that the case in which the warrant/order of arrest was issued has been dismissed.

iii. An alien who is the accused in a criminal case that is pending trial before a court.

The application shall be accompanied by a certification issued by the court concerned on the pendency of the trial of the criminal case involving the alien and by a certified true copy of the information filed in the case.

The HDO shall be lifted by the Commissioner upon order of the Secretary attached to which is a certified true copy of the decision acquitting the alien of the charge or of the order dismissing the case.

iv. An alien who is the respondent in a deportation complaint before the Bureau for violation of immigration laws, rules and regulations, upon recommendation of the Board of Special Inquiry or of the Board of Commissioners.

The application shall be accompanied by a copy of the deportation complaint. HCacTI

The HDO shall be lifted by the Commissioner upon receipt of a copy of the order of dismissal of the deportation complaint.

v. An alien whose presence is required as witness in a criminal case, or as the defendant/respondent or witness in a civil, labor or other case before a judicial, quasi judicial or administrative body of the government.

The application shall be accompanied by a certified true copy of the subpoena or summons issued to the alien and by a copy of the criminal information or of the complaint in the civil, labor or administrative case wherein the alien's presence is required.

The HDO shall be lifted by the Commissioner upon order of the Secretary, attached to which is a certified true copy of the order issued by the court or appropriate authority dismissing the case wherein the presence of the alien is required or discharging the alien as witness, or otherwise allowing his departure.

In all of the abovementioned in stances, the application for the issuance of an HDO shall be in writing, placed under oath and signed by the interested party.

To ensure the proper identification of the subject of an HDO, the application/request filed with the Secretary for its issuance shall likewise set forth the subject's complete name i.e.,his christian, family and middle name/initial, his aliases, if any, date and place of birth, and his place of last residence.

If available, a recent photograph of the subject shall accompany the application/request for its issuance.

A copy of the HDO implemented by the Commissioner shall be sent to the person subject of the order, if his postal address is known, so that he may, if he so desires, file a motion for reconsideration with the Secretary. TDEASC

d. When the HDO was issued by the Secretary upon the request of the Head of a Department of the Government; the head of a constitutional body or of a commission or agency performing quasi-judicial functions; the Chief Justice of the Supreme Court for the Judiciary; or by the President of the Senate or the Speaker of the House of Representatives for the legislative body, when the adverse party is the Government or any of its agencies or instrumentalities, in the interest of national security, public safety or public health, as may be provided by law.

The request shall specify the reason or ground for holding or preventing the departure of the subject individual.

The HDO shall be lifted by the Commissioner upon order of the Secretary attached to which is a certified true copy of the order or decision of the official or body concerned dismissing the case or otherwise allowing the departure of the subject individual.

3. An HDO implemented by the Commissioner under these Rules shall be automatically terminated five (5) years from the date of its issuance, unless sooner terminated or extended before said date by the court/President/Secretary as the case may be, as provided for in these Rules.

4. All HDOs heretofore issued by the Bureau shall be subject to automatic review by the Secretary of Justice. For this purpose, the Commissioner shall immediately elevate to the Office of the Secretary all HDOs outstanding, together with the relevant documents.

5. All rules and regulations, particularly the Rules and Regulations issued by the Commissioner of Immigration and approved by the Secretary of Justice which took effect on November 28, 1997, as well as instructions, issuances and orders or parts thereof which are inconsistent with these Rules are hereby superseded and/or repealed accordingly.

6. These Rules shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

 

(Sgd.) SILVESTRE H. BELLO IIISecretary