Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL N02 4 89

Introduced by HONORABLE ROMERO “MIRO” S. QUIMBO.

EXPLANATORY NOTE

Section 6, Article III of the 1987 Philippine Constitution provides that “fiJhe
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.

In observance of this constitutional prescription, the Supreme Court issued
S.C. Circular No. 39-97. The said Circular allows the issuance of Hold Departure
Orders against persons accused in criminal cases within the exclusive jurisdiction of
the Regional Trial Courts. The Circular, however, is silent with respect to cases
falling within the jurisdiction of courts below the Regional Trial Courts and those
peniding determination by government prosecution offices.

This proposed measure seeks to grant congressional and statutory authority to
the Secretary of Justice, as head of the principal law agency of the government
mandated to, inter alia, investigate the commission of crimes, prosecute offenders,
and provide immigration regulatory services, to issue, and lift, Hold Departure Orders
(HDOs), Watchlist Orders (WLOs) and Allow Departure Orders (ADOs) to prevent
any miscarriage of justice, protect national security, guard public safety and ensure
public health.

This proposed measure also seeks to strengthen existing mechanisms, rules
and regulations already in place governing the issuance of HDOs, WLOs and ADOs.
The passage of this measure will put to rest all doubts on the power of the Justice
Secretary to issue Hold Departure Orders and Watchlist Orders designed to ensure
that the hands of justice are not curtailed and circumvented by the flight of the
accused,

In view thereof, the expedient approval of this



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2489

Introduced by HONORABLE ROMERO “MIRO” S. QUIMBO

AN ACT GOVERNING THE ISSUANCES AND IMPLEMENTATION OF HOLD
DEPARTURE ORDERS, WATCHLIST ORDERS, AND ALLOW DEPARTURE.
ORDERS BY THE DEPARTMENT OF JUSTICE AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Hold Departure Order. - The Secretary of Justice may issue a Hold Departure
Order (HDO), under any of the following instances:

(a) Against any accused in a criminal case, irrespective of nationality, in criminal
cases falling within the jurisdiction of courts below the Regional Trial Courts (RTCs).

If the case against the accused is pending trial, the application under oath of an
interested party must be supported by (a) a certified true copy of the complaint or
information and (b) a Certification from the Clerk of Court concerned that criminal
case is still pending.

(b) Against the alien 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.

‘The application under oath of an interested party must be supported by (a) a certified
true copy of the subpoena or summons issued against the alien and (b) a certified true
copy complaint in civil, labor or administrative case where the presence of the alien is
required.

(©) The Secretary of Justice may likewise issue an HDO against any person, 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.

Section 2. Watchlist Order. - The Secretary of Justice may issue a Watchlist Order (WLO),
under any of the following instances:


(@) Against any accused in a criminal case, irrespective of nationality, in criminal
cases falling within the jurisdiction of courts below the Regional Trial Courts (RTCs).

‘The application under oath of an interested party must be supported by (a) certified
true copy of an Information filed with the court, (b) a certified true copy of the
Prosecutor's Resolution; and (c) a Certification from the Clerk of Court concerned
that criminal case is still pending.

(b) Against the respondent, irrespective of nationality, in criminal cases undergoing
preliminary investigation or with a pending petition for review or motion for
reconsideration before the Department of Justice or any of its provincial or city
prosecution offices.

‘The application under oath of an interested party must be supported by (a) certified
true copy of the complaint filed, and (b) a Certification from the appropriate
prosecution office concemed that the case is pending preliminary investigation,
petition for review, or motion for reconsideration, as the case may be.

(c) The Secretary of Justice may likewise issue a WLO 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 and/or in
connection with any investigation being conducted by it, or in the interest of national
security, public safety or public health,

Section 3. Completeness of Information. - To ensure the proper identification of the subject
of the HDO/WLO and to avoid inconvenience to any innocent party, all applications or
requests, including the HDO/WLO to be issued, shall contain the following information of
the subject:

a. Complete name, i.e. given name, middle name or initial and surname;

b, Alias/es, if any;

¢. Date and place of birth;

d, Place of last residence:

e. Passport details, if available;

f, Recent photograph, if available:

g. Complete title and docket number of the case; and

h, Specific nature of the case.
Section 4. HDO/WLO Validity. - The validity period of any HDO/WLO issued pursuant to

this Act shall be reckoned from the date of its issuance. The HDO shall valid for five (5)
‘years unless sooner terminated. On the other hand, the WLO shall be valid for sixty (60) days


ineeore to give the latter adequate opportunity to content the Order or request consideration
thereof.

Section 7. Allow Departure Order (ADO). - Any person subject of HDO/WLO issued
Pursuant to this Act who intends, for some exceptional reasons, to leave the country may,
upon application under oath with the Secretary of Justice, be issued an ADO.

‘The ADO may be issued upon submission of the following requirements:

unless sooner terminated or extended, for a non-extendible period of not more than sixty (60)
days.

Section 5. HDO/WLO Lifting or Cancellation. - In the lifting or cancellation of the
HDO/WLO issued pursuant to this Act, the following rules shall apply:

(a) The HDO may be lifted or cancelled under any of the following grounds:

1. When the validity period of the HDO as provided for in the preceding
section has already expired:

2. 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;

3. When the civil or labor case or case before an administrative agency of the
government wherein the presence of the alien subject of the HDO/WLO has
been dismissed by the court or by appropriate government agency, or the alien
has been discharged as a witness therein, or the alien has been allowed to
leave the country;

(b) The WLO may be lifted or cancelled under any of the following grounds:

1. When the validity period of the WLO as provided for in the preceding
section has already expired;

2. When the accused subject of the WLO has been allowed by the court to
leave the country during the pendency of the case, or has been acquitted of the
charge; and

3. When the preliminary investigation is terminated, or when the petition for
review, or motion for reconsideration has been resolved in favor of the
respondent or accused.

(©) All applications for lifting/cancellation of HDOs/WLOs must be under oath and
accompanied by certified true copies of the documentary evidence in support of the
ground relied upon.

(@) Any HDO/WLO issued by the Secretary of Justice either motu proprio or upon
request of government functionaries/offices mentioned in Sections 1 and 2, 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, may be lifted or recalled
anytime if the application is favorably indorsed by the government
functionaries/offices who requested the issuance of the aforesaid HDO/WLO.

Section 6. Implementation of HDO/WLO/ADO Issuance and Lifting/Cancellation, - All rules,
regulations and orders issued pursuant to this Act shall be immediately transmitted to the
Commissioner of Immigration for implementation, copy furnished the person/s subject