GaN
ks RECEIVED %

Republic of the Philippines at
HOUSE OF REPRESENTATIVES ayy
pate: TENE
Quezon City # eM fH
FIFTEENTH CONGRESS ] i}
Second Regular Session si
5480 Z
HOUSE BILL NO. a

Introduced by HON. ROMERO FEDERICO “MIRO” S. QUIMBO

EXPLANATORY NOTE

Section 6, Article ILI of the 1987 Philippine Constitution provides that “fi7he
liberty of abode and of changing the same within the limits prescribed by lcow 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
pending determination by government prosecution offices.

This proposed measure secks 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 ciroumvented by the flight of the
accused,

In view thereof, the expedient approval of this bill is strongly recommended.



HOUSE BILL NO.

Introduced by Rep. Romero Federico “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, imespective of nationality, in criminal
cases falling within the jurisdiction of courts below the Regional Trial Courts (RTC).

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 (6) a Certification from the Clerk of Court concemed that criminal
case is still pending.

(®) 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

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:


(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).

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 trae 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, publie 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 sumame;
b: Alias/es, if anys

. Date and place of birth;

4, Place of last residence;

. 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 (3)
years unless sooner terminated. On the other hand, the WLO shall be valid for sixty (60) days


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

(a) The HDO may be lifted o 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
hhas been discharged as a witness therein, of 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


thereof, 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:

a. Affidavit stating clearly the purpose, inclusive period of the intended travel, and
containing an undertaking to immediately report to the DOJ upon retum; and

b, Authority to travel or travel clearance from the court or appropriate government
office where the case upon which the issued HDO/WLO was based is pending, or
from the investigating prosecutor in charge of the subject case.

Seetion 8. Issuance of Clearance/Centification of Not the Same Person, - Any person who is
prevented from leaving the country because his name appears to be the same as the one that
appears in the HDO/WLO issued pursuant to this Act may, upon application under oath, be
issued a Certification to the effect that said person is not the same person whose name
appears in the issued HDO/WLO.

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

a. Affidavit of Denial;

b. Photocopy of the page of the passport bearing the personal details;

c. Latest clearance from the National Bureau of Investigation (NBD; and

4. Clearance from the court or appropriate government agency, whenever applicable.
Section 9. Processing Fees. ~ The Secretary of Justice has the authority to prescribe, impose
and collect appropriate fees to cover the administrative costs for services rendered by the
Department of Justice in relation with the issuance or lifting of HDOs, WLOs and ADOs and
the issuance of any certifications authorized under this Act.

Section 10. Repealing Clause. - All laws, rules, regulations, instructions and issuances
inconsistent with this Act are hereby amended or repealed accordingly.

Section 11. Separabilily Clause. ~ The finding of nullity or invalidity of any provision of this
‘Act shall not affect the validity of the other provisions.

Scetion 12, Effectivity, - These rules shall take effect fifteen (15) days after publication in the
Official Gazette or at least two (2) newspapers of general circulation.

Approved,