Imagine this—you’re all set to return to your home country or to go for an exciting trip to the other country, only to be stopped at the airport because your name is on a government list. Sounds like a nightmare, right? In the Philippines, the Bureau of Immigration enforces different orders that prohibits you from leaving the country: Hold Departure Order (HDO), Watchlist Order (WLO), and Allow Departure Order (ADO).

These Orders have different meaning, requirements, and process to remove your name from the list. Whether you’re a traveler or simply want to stay informed, this guide will break down these orders and their impact on your right to travel.

What is a Hold Departure Order (HDO)?

A Hold Departure Order (HDO) is issued by the Secretary of Justice and the Regional Trial Courts (RTC) that prohibits foreign nationals from leaving the Philippines. This order is issued when a person is facing criminal charges, a suspect in a criminal investigation, or considered a flight risk. The HDO aims to prevent individuals from potentially evading prosecution or fleeing the country in order to avoid facing legal consequences.

Violation of an HDO is a criminal offense and can result in penalties such as arrest and imprisonment. Individuals who are subject to an HDO can seek legal assistance to challenge the order or request its removal. 

How Does the Bureau of Immigration (BI) Issues a Hold Departure Order (HDO)?

To issue an Hold Departure Order (HDO), law enforcement authorities or prosecutors must provide sufficient evidence to justify the order. Once an HDO is in effect, the individual subject to the order is not allowed to travel outside the Philippines until the order is lifted or revoked.

The Order must contain the following information:

• Complete name of the person whom a Hold Departure Order (HDO) has been issued
• Aliases, if any
• Date and place of birth
• Place of last residence of the person against whom the HDO is issued
• Passport details
• Recent photograph, if available
• Complete title and docket number of the case in which the HDO was issued
• Specific nature of the case
• Date of the Hold Departure Order (HDO)

What are the Reasons for Being Issued with a Hold Departure Order (HDO)? 

A Hold Departure Order (HDO) may be issued when:

• Individual is accused, regardless of nationality, has a pending criminal case before the Regional Trial Court (RTC);
• Individual’s presence is required for a case pending litigation or before any other administrative agency of the government; or
• Accused individual needs to be held in the interest of national security, public safety, or public health.

How to Lift a Hold Departure Order (HDO)?

To lift a Hold Departure Order (HDO), you may do the following legal remedies available:

• Motion to Lift HDO. You, your lawyer, or duly representative may file a Motion to Lift a HDO with the issuing court or administrative body. A valid reason for the lifting or cancellation of the Order must be stated in the Motion. Note that a lawyer’s assistance is necessary. 

• Appeal to Higher Judicial Authorities. If the court or administrative body denies the Motion, an appeal can be made to the Court of Appeals or the Supreme Court for the review of the decision.

• Compliance with Court Requirements. In some cases, the court may consider lifting the HDO after you settle the fines or penalties and attend court hearings.

What is a Watch List Order (WLO)?

A Watch List Order (WLO) prohibits foreign individuals from leaving the Philippines who has a pending preliminary investigation or petition for review with the Department of Justice (DOJ). It also prevent individuals from renewing their passport and their passport must be confiscated and turned-over to the Legal Division. 

When Can You Lift a Watchlist Order (WLO)?

A Watchlist Order (WLO) can be lifted or cancelled when:

• The validity of the WLO expires;
• The person under a WLO has been acquitted of the charge;
• The person under a WLO has been allowed by the court to leave the country during the pendency of the case; and
• The preliminary investigation or petition for review or motion for reconsideration is terminated.

What are the Requirements for Watchlist Order (WLO)?

The following documents are required to be submitted to lift a Watchlist Order (WLO):

Requirements for Pending Preliminary Investigation

• Duly notarized letter of request;

• Original or certified true copy of the complaint; and 

• Certification from the National Prosecution Service stating that the case is pending preliminary investigation. 

Requirements for Pending Motion for Reconsideration or Petition for Review

• Duly notarized letter of request;

• Original or certified true copy of the resolution; and 

• Certification from the National Prosecution Service stating that the case is pending motion for reconsideration or petition for review.

Requirements for Lifting a Watchlist Order

• Duly notarized letter of request;

• Original or certified true copy of the resolution; and 

• Certification from the National Prosecution Service that the case has been dismissed.

How to Lift a Watchlist Order (WLO)?

To lift a Watchlist Order (WLO) against you, you may do the following legal remedies:

• File a Petition to Lift. You may file a petition with the issuing court or administrative body to lift the WLO, proving that the circumstances justifying the order no longer exist.
• File a Petition for Certiorari. If the issuance of the WLO was made with grave abuse of discretion, you can file a Petition for Certiorari with the Court of Appeals or the Supreme Court, under Rule 65 of the Rules of Court. 
• Temporary Cancellation of Order. The court and relevant authorities may grant a temporary cancellation of WLO for valid reasons, such as health-related emergencies or business purposes, with a guarantee that you will return to the country to face the legal proceedings. 

What is an Allow Departure Order (ADO)?

An Allow Departure Order (ADO) allows the individuals to leave the Philippines. To file for an ADO, submit an application to the Commissioner of Immigration and the appropriate government agency.

What are the Requirements for Allow Departure Order (ADO)?

For an ADO to be issued, the following requirements must be submitted:

• An affidavit clearly stating the purpose and inclusive period of the intended travel, and a stipulation to immediately report to the Department of Justice upon return
• An authority to travel or a travel clearance from any of the following:
  • The court
  • The appropriate government office where the case upon which the issued HDO and/or WLO was based
  • The investigating prosecutor in charge of the subject case

When filing for an ADO, the following must be submitted:

• Duly notarized letter-request
• Affidavit of undertaking stating the purpose and the inclusive period of the intended travel
• Authority to travel from the appropriate office where the case is pending (for those under HDO)
• Authority to travel from the investigating prosecutor where the case is pending (for those under WLO)

It is important to note that the issuance of an Allow Departure Order (ADO) is subject to the discretion of the Commissioner of Immigration, and approval is not guaranteed. Make sure to follow all instructions and provide accurate and complete information to increase your chances of obtaining an ADO. 

How to File an Allow Departure Order (ADO)?

The following steps outline the process of applying for an Allow Departure Order:

• Prepare the Documents. To apply for an ADO, you will need to submit a completed application form, a valid passport, a copy of your round trip ticket, and any other supporting documents that may be required by the Commissioner of Immigration.
• Prepare a Letter of Request. Write a formal letter addressed to the Commissioner of Immigration, requesting permission to leave the Philippines. Make sure to explain the reasons for your departure and provide any relevant details.
• Submit the Application. Submit your completed application form, supporting documents, and letter of request to the Commissioner of Immigration or the appropriate government agency. You may need to schedule an appointment or submit your application through a designated channel.
• Wait for Approval. Once you have submitted your application, you will need to wait for the Commissioner of Immigration to review your request and make a decision. If approved, you will be issued an Allow Departure Order (ADO), which will allow you to leave the Philippines.
• Proceed with Departure. Once you have received your ADO, make sure to carry it with you when traveling out of the country. Present it to immigration officers at the airport or port of exit to ensure a smooth departure process.

In some cases, a person with an HDO or named in a WLO can be issued an Allow Departure Order. To apply for an ADO, the person must provide an exceptional reason for leaving and subsequently take an oath before the Secretary of Justice.

What are the Other Enforcement Derogatory Records in Ports of Exit?

Aside from the Orders mentioned above, the following are the other enforcement derogatory records exist at ports of exit, under Section 3 of Commonwealth Act No. 613:

• Alert List Order (ALO) is issued against individuals with a warrant of arrest. These individuals must be turned-over to the Philippine National Police (PNP) or National Bureau of Investigation (NBI). 
• Blacklist Order (BLO) prohibits individuals from entering the country who are considered as a threat to public safety has a criminal offense, or overstayed in the country. 

If your name is included in the Bureau of Immigration (BI)’s derogatory records list, it is advisable to seek legal assistance. A lawyer can represent you and protect your rights throughout the process of lifting the enforcement of these records.

Need further information and assistance regarding Hold Departure Order (HDO), Watchlist Order (WLO), and Allow Departure Order (ADO)? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.

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