The Bureau of Immigration (BI) issues a Hold Departure Order (HDO) to enforce its derogatory records and prevent individuals with a warrant of arrest or under investigation from leaving the Philippines. This is in accordance with Section 3 of Commonwealth Act No. 613, also known as the Philippine Immigration Act of 1940. The HDO is implemented at all Philippine international ports of exit to ensure that individuals facing criminal charges cannot evade imprisonment and to safeguard public safety.
What is a Hold Departure Order (HDO)?
According to Operations Order No. SBM-2014-002, a Hold Departure Order (HDO) is issued by a court, the Department of Justice (DOJ), or the Bureau of Immigration (BI) to an individual whose name is in the Hold Departure List. This prohibits the individual from leaving the Philippines. The following individuals are included on this list:
- A person who is a subject of a warrant of arrest by a Court, which shall be turned-over to the Philippine National Police (PNP) or National Bureau of Investigation (NBI).
- A person who is a subject of a Bail Order issued by the BI Commissioner relative to a pending deportation case, which their passport shall be confiscated and turned-over to the Legal Division.
In circumstances where both cases exist, the primary Immigration Officer must prepare an Incident Report outlining the individual’s failed attempt to depart. This report must be reviewed by the Immigration Supervisor On-Duty and must also be submitted to the Commissioner of the Bureau within twenty-four (24) hours.
Who Issue a Hold Departure Order (HDO)?
The Regional Trial Court (RTC) issues a Hold Departure Order (HDO) for criminal cases, specifically when an individual has been charged with an imprisonment of at least six (6) years and a day or even longer. On the other hand, the Department of Justice (DOJ) is authorized to issue a HDO under Department Circular No. 41, which states that individuals with criminal complaints involving national security, public health, or public safety are prohibited from leaving the country. While the Bureau of Immigration (BI) implements and enforces the HDO issued by the courts, and issues the other enforcement derogatory ports of exit, such as the Watchlist Order, Alert List Order, and Blacklist Order.
What are the Grounds for Issuing a Hold Departure Order (HDO)?
According to Section 1 of the Department Circular No. 41, the Secretary of Justice may issue a Hold Departure Order, under any of the following instances:
- Against the accused, irrespective of nationality, in criminal cases falling with the jurisdiction of courts below the Regional Trial Courts;
- Against the individual whose presence is required either as a defendant, respondent, or witness in a civil or labor case pending litigation, or any case before an administrative agency of the government; and
- Against any individual, either motu proprio, or upon the request by the Head of a Department of the Government, the head of a constitutional body or commission; the Chief Justice of the Supreme Court for the Judiciary; the Senate President or the House Speaker for the Legislature, when the adverse party is the Government or any of its agencies or instrumentalities, or in the interest of national security, public safety or public health.
How to Verify If I Am Included in a Hold Departure Order (HDO)?
To verify if an individual is issued with a HDO, they may inquire with the Bureau of Immigration (BI) by either visiting its main office or through a written verification request. Note that, only the individual concerned or their duly authorized representative can request such information due to the Data Privacy Act. Furthermore, if the HDO is issued by the Department of Justice (DOJ), the affected individual may request confirmation from the DOJ’s staff or division. If the HDO is filed in Regional Trial Court (RTC), they can directly inquire to the court where the case is pending or where the order was issued.
What are the Grounds for Lifting a Hold Departure Order (HDO)?
In accordance with Section 5(a) of the Department Circular No. 41, the Hold Departure Order may be lifted or cancelled under any of the following grounds:
- When the validity period of the HDO as provided for in the preceding section has already expired;
- When the accused subject of the HDO has been allowed to leave the country during the pendency of the case, or has been acquitted of the charge, or the case in which the warrant/order of arrest was issued has been dismissed or the warrant/order of arrest has been recalled; and
- When the civil or labor case or case before an administrative agency of the government wherein the presence of the individual subject of the HDO/WLO has been dismissed by the court or by appropriate government agency, or the individual has been discharged as a witness therein, or the individual has been allowed to leave the country.
What Should I Do to Lift a Hold Departure Order (HDO)?
To lift a HDO, the following are the legal remedies available:
- Motion to Lift HDO. You or your lawyer 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. On this matter, an assistance from a lawyer is needed.
- Appeal to Higher Judicial Authorities. If the court or administrative body denies the request, 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, compliance with court requirements, such as settling fines or penalties and attending court hearings, may be sufficient for the court to consider lifting the HDO.
What is the Difference between Hold Departure Order and Watch List Order?
A Hold Departure Order (HDO) prohibits foreign individuals from leaving the country, but their right to travel is not absolute. Courts and competent authorities issue a HDO if there is sufficient evidence that guarantees that the individual may flee before charges are filed. On the other hand, a Watchlist Order (WLO) serves as a temporary measure to monitor individuals under preliminary criminal investigation, with pending criminal charges, or involved in activities that require monitoring. If the case progresses to the court, the WLO will be issued as an Hold Departure Order (HDO) by the Regional Court.
What are the Other Enforcement Derogatory Records in Ports of Exit?
Aside from the Hold Departure Order (HDO), the following are other enforcement derogatory records in port of exit, pursuant to Section 3 of Commonwealth Act No. 613:
- Alert List Order (ALO) is issued against individuals with a warrant of arrest, who shall then be turned-over to the Philippine National Police (PNP) or National Bureau of Investigation (NBI).
- Watchlist Order (WLO) is issued by the Bureau of Immigration (BI), in which any person whose name is in the list shall be denied departure. It serves as a temporary measure to monitor an individual who is under preliminary criminal investigation, has pending criminal charges, or is involved in activities that are required to be monitored by the authorities.
- Blacklist Order (BLO) prohibits individuals from entering the country who are seen as a threat to public safety due to a criminal offense, rude or disrespectful behavior towards the immigration officers, or overstaying in the country. Unlike those included in the HDO, WLO, and ALO, individuals under a BLO are denied from leaving the Philippines.
If you find your name on the Bureau of Immigration’s derogatory records list, it is strongly recommended that you seek legal counsel. A lawyer can provide guidance on this matter, be your legal representative, and protect your rights as you navigate the process of lifting the enforcement of these records.
Need further information and assistance regarding Hold Departure Order (HDO)? Talk to our team at Duran & Duran-Schulze Law in Bonifacio Global City, Taguig, Philippines 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
