Rules and Regulations Governing the Issuance and Implementation of Watchlist Orders

April 23, 2007

DOJ DEPARTMENT CIRCULAR NO. 018-07

PRESCRIBING RULES AND REGULATIONS GOVERNING THE ISSUANCE AND IMPLEMENTATION OF WATCHLIST ORDERS AND FOR OTHER PURPOSES

WHEREAS, Circular No. 39-97 dated June 19, 1997, Circular No. 3-99 dated January 12, 1999 and Circular No. 18-2003 dated February 20, 2003, all of the Office of the Court Administrator, Supreme Court, are clear that "Hold-Departure Order shall be issued only in criminal cases within the exclusive jurisdiction of the Regional Trial Courts", but are silent with respect to those cases falling within the jurisdiction of courts below the RTC and those pending final determination by government prosecution offices; EIDaAH

WHEREAS, there is a need to fill up the gap for cases pending final determination by government prosecution offices;

WHEREAS, being the head of the principal law agency of the government mandated to, among other things, investigate the commission of crimes, prosecute offenders, and provide immigration regulatory services (Sec. 3 [1], [2] & [6], Chapter I, Title III, Book IV, E.O. No. 292), the Secretary of Justice, apart from the regular courts, is in the best position to institute measures to prevent any miscarriage of justice, but at the same time, safeguard the individual's right to travel; ETIcHa

NOW, THEREFORE, pursuant to the provisions of existing laws, the following rules and regulations are hereby adopted to govern the issuance, lifting, and implementation of Watchlist Orders without prejudice to the issuance of Hold-Departure Orders by the Department under Department Circular No. 17, s. 1998.

SECTION 1. Watchlist Order (WLO). — A Watchlist Order (WLO) may be issued by the Secretary of Justice in criminal cases which are pending preliminary investigation or petition for review before the Department of Justice. CaSHAc

a. In cases pending preliminary investigation, the requesting party must submit the following documents:

i. duly notarized letter-request;

ii. original or certified true copy of the complaint; and

iii. certification from the National Prosecution Service stating that the case is pending preliminary investigation. SEDICa

b. In cases pending motion for reconsideration/petition for review before the Department of Justice, the requesting party must submit the following documents:

i. duly notarized letter-request;

ii. original or certified true copy of the resolution; and

iii. certification from the National Prosecution Service stating that the case is pending motion for reconsideration/petition for review. cADSCT

To ensure the proper identification of the subject of the WLO, the application/request filed with the Legal Staff of the Department of Justice shall likewise set forth the following information:

i. subject's complete name, i.e., his given name, family and middle name or initial;

ii. aliases, if any;

iii. date and place of birth;

iv. last place of residence; and

v. photograph, if available.

SECTION 2. Notice to Person Subject of a Watchlist Order. — A copy of the WLO as implemented by the Commissioner of Immigration upon order by the Secretary of Justice shall be sent to the person subject of WLO, at his last known address so that he may, if he so desires, move for its lifting/cancellation setting forth the grounds therefor. AHDTIE

SECTION 3. Lifting or Cancellation of WLO. — A WLO shall be lifted or cancelled upon the expiration of the validity thereof under the succeeding section, or upon the termination of the preliminary investigation and/or petition for review before the Department of Justice, as the case may be.

The requesting party must submit the following requirements:

i. duly notarized letter-request;

ii. original or certified true copy of the resolution; or

iii. certification from the National Prosecution Service that the case has been dismissed. CADSHI

The order for the lifting or cancellation of the WLO shall be forwarded to the Commissioner of Immigration for implementation, copy furnished the parties.

SECTION 4. Validity of WLO. — A WLO issued by the Secretary of Justice under these rules shall be valid for sixty (60) days from the date of its issuance, unless sooner terminated or otherwise extended for a non-extendible period of not more than sixty (60) days. STIHaE

SECTION 5. Certification of Not the Same Person. — In case a person is prevented from leaving the country because of a Watchlist or Hold-Departure Order (WLO/HDO) issued by the Secretary of Justice and said person is not the same person whose name appears in the WLO/HDO, the interested party may request for a certification and submit the following documents:

i. duly notarized letter-request;

ii. affidavit of denial; and

iii. clearance from appropriate government agencies.

SECTION 6. Allow-Departure Order (ADO). — In case a person subject of a Watchlist/Hold-Departure Order issued by the Secretary of Justice intends to leave the country for some exceptional reasons, the Secretary of Justice may allow the departure of said person upon submission of the following documents: aSTAcH

i. duly notarized letter-request;

ii. affidavit of undertaking stating the purpose and the inclusive period of the intended travel; and

iii. authority to travel from the investigating prosecutor where the case is pending (for those under WLO); or CacEID

iv. authority to travel from the appropriate office where the case is pending (for those under HDO)

SECTION 7. Hold-Departure Orders (HDO). — The issuance of HDOs by this Department shall be governed by existing rules, specifically Department Circular No. 17, s. 1998. aCHcIE

SECTION 8. Fees. — Pursuant to Republic Act No. 9279 and its Implementing Rules and Regulations, there shall be collected and paid to the Cashier's Office of this Department the following processing fees to cover the administrative costs for services rendered by the Legal Staff, to wit:

a. Issuance/lifting or cancellation/extension of WLO/HDO — P2,500.00

b. Issuance of Allow-Departure Order — P2,500.00

c. Issuance of certification — P500.00

SECTION 9. Effectivity. — These Rules shall take effect immediately. CTIEac

 

(SGD.) RAUL M. GONZALEZSecretary