Pursuant to Section 3 of Commonwealth Act No. 613 or the Philippine Immigration Act of 1940, a Watchlist Order (WLO) is issued to systematically enforce the Bureau of Immigration (BI)’s derogatory records against any individual in all Philippine international ports of exit. This aims to safeguard the public safety and ensure that individuals with pending court cases or under investigation cannot escape his/her criminal offense and possible imprisonment if found guilty.
What is a Watchlist Order (WLO)?
A Watchlist Order (WLO), issued by the Secretary of Justice, pertains to criminal cases with pending preliminary investigation or a petition for review within the Department of Justice (DOJ). This order alerts the Bureau of Investigation (BI) to any attempts by the listed individual to depart the country. However, a WLO does not explicitly prohibit an individual from traveling; rather, it flags individuals involved in criminal activities with ongoing investigations or court proceedings for monitoring.
What are the Grounds for Issuing a Watchlist Order (WLO)?
According to Section 2 of the Department Circular No. 41, the Secretary of Justice may issue a WLO, under any of the following instances:
- Against the accused, irrespective of nationality, in criminal cases pending trial before the Regional Trial Court;
- Against the respondent, irrespective of nationality, in criminal cases pending preliminary investigation, petition for review, or motion for reconsideration before the Department of Justice (DOJ) or any of its provincial or city prosecution offices; and
- Against any person, either motu proprio, or upon the request of any government agency, including commissions, task forces or similar entities created by the Office of the President, pursuant to the “Anti-Trafficking in Persons Act of 2003” (R.A. NO. 9208) and/or in connection with any investigation being conducted by it, or in the interest of national security, public safety or public health.
What are the Travel Restrictions for Individuals Included in Watchlist Order (WLO)?
A Watchlist Order (WLO) may prevent an individual from renewing their passport if they are considered a flight risk or if travel restrictions are imposed due to legal proceedings. Additionally, they may be denied for departure, and their passport must be confiscated and turned-over to the Legal Division.
A WLO is valid for sixty (60) days from the date of its issuance unless terminated earlier or extended for a non-extendible period of not more than sixty (60) days. It is advisable to seek legal advice to understand the legal remedies available.
What Should I Do If I am Included in the Watchlist Order (WLO)?
Individuals whose names are included in the Watchlist Order (WLO) can seek the following legal remedies:
- Petition for Lifting of Order. The individual may file a petition with the issuing court or administrative body to lift the WLO. This petition aims to prove that the circumstances justifying the order no longer exist.
- Petition for Certiorari. If the issuance of the WLO was made with grave abuse of discretion, the individual can file a Petition for Certiorari under Rule 65 of the Rules of Court with the Court of Appeals or the Supreme Court.
- Temporary Cancellation of Order. The court and the relevant authorities may grant a temporary cancellation of WLO for valid reasons, such as health-related emergencies or business purposes, provided there is a guarantee that the individual will return to face legal proceedings.
What are the Requirements Needed for a Watchlist Order (WLO)?
The following documents are required to be submitted by the requesting party, whether for a pending preliminary investigation, a pending motion for reconsideration, a petition for review before the Department of Justice (DOJ), or for lifting the 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)?
According to Section 3 of the Department Circular No. 18, a Watchlist Order (WLO) shall be lifted or canceled upon its expiration, the termination of the preliminary investigation, or the resolution of the petition for review before the Department of Justice (DOJ). Additionally, the order for the lifting or cancellation of the WLO must be forwarded to the Commissioner of Immigration for implementation, with a copy provided to the involved parties.
What is the Difference between Watchlist Order (WLO) and Hold Departure Order (HDO)?
A Watchlist Order (WLO) is not as restrictive as an Hold Departure Order (HDO). A WLO serves as a temporary measure to monitor individuals under preliminary criminal investigation, those with pending criminal charges, or individuals who are involved in activities that are required to be monitored by the law enforcement authorities. On the other hand, an HDO prevents individuals from leaving the country, meaning their right to travel is not absolute. Courts and competent authorities issue an HDO when there is sufficient evidence that guarantees that the person may leave the country before charges are filed. If the case progresses to court, the WLO will be issued as an HDO by the Regional Trial Court.
What are the Other Enforcement Derogatory Records in Ports of Exit?
Aside from the Watchlist Order (WLO), the following enforcement derogatory records exist at ports 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).
- Hold Departure Order (HDO) prevents individuals from leaving the country if there is sufficient evidence suggesting they might attempt to flee before charges are filed.
- 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 your name is included in the Bureau of Immigration’s derogatory records list, it is strongly recommended that you seek legal counsel. 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 Watchlist Order (WLO)? 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
