Republic of the Philippines
HOUSE OF REPRESENTATIVES
CONGRESS OF THE PHILIPPINES

Quezon City, Metro Manila

FIFTEENTH CONGRESS
Second Regular Session

House BillNo.__ S010

Introduced by Honorable REYNALDO V. UMALI

EXPLANATORY NOTE

The fundamental law of the law state that “the liberty of abode and of changing of
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.

As laid down by jurisprudence, to quote “Significantly, the Bill of Rights itself does
not purport to be an absolute guaranty of individual rights and liberties "Even liberty
itself, the greatest of all rights, is not unrestricted license to act according to one's
will."(PASEI vsDrilon, G.R. No.81958).Clearly the right to travel is not absolute. This
right may be restricted or impaired under the conditions set forth by the Constitution.

Further, the Supreme Court, via a circular, allowed the issuance of the Hold
Departure Order by the Regional Trial Courts against persons accused of criminal cases
falling within its jurisdiction. However such circular is silent with respect to cases falling
within the jurisdiction of court below the Regional Trial Courts and those cases pending
the Department of Justice. The Secretary of Justice, by virtue of his/her office, in the
absence of a clear law, may exercise residual powers in furtherance of the exercise of
his/her right or in the performance of his/her duty. Included in such power, is the right or
duty to issue a Hold Departure Order or Watch List Order.

This bill seeks to strengthen and institutionalized the existing measures, rules,
regulations and procedure relative to the issuance of the Hold Departure Order, Watch
List Orders and Approved Departure Order. And also to clear any cloud of doubt as to

In view thereof, early consigésation and approval of this bill is earnestly sought.

Vluenky

REYNALDO V. UMALI
Representative
Second District, Province of Oriental Mindoro


Republic of the Philippines
HOUSE OF REPRESENTATIVES
CONGRESS OF THE PHILIPPINES

Quezon City, Metro Manila

FIFTEENTH CONGRESS
Second Regular Session

55LO

House Bill No.

Introduced by Honorable REYNALDO V. UMALI

AN ACT TO STRENGTHEN AND INSTITUTIONALIZE THE POWER OF THE
SECRETARY OF JUSTICE TO ISSUE AND IMPLEMENT HOLD DEPARTURE
ORDERS, WATCHLIST ORDERS AND ALLOW DEPARTURE ORDERS AND FOR
OTHER PURPOSES

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

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

(a) Against the accused, 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 the following

(). a certified true copy of the complaint or information and
(i) 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:

(i) a certified true copy of the subpoena or summons issued against the
alien; and


(ii) a certified true copy complaint in civil, labor or administrative case
where the presence of the alien is required.

(c) 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. Watch List Order (WLO). - The Secretary of Justice may issue a Watch
List Order, under any of the following instances:

(a) Against the accused, irrespective of nationality, in criminal cases pending
trial before the Regional Trial Court

The application under oath of an interested party must be supported by the
following

() certified true copy of an Information filed with the court,

(ii) acertified true copy of the Prosecutor's Resolution; and

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

(b) Against the respondent, irrespective of nationality, in criminal cases
pending preliminary investigation, 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:

(i) certified true copy of the complaint filed, and

(ii) a Certification from the appropriate prosecution office concerned 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 HDOMWLO to be issued, shall contain the
following information of the subject:

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


b. Aliasies, 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. 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 be valid for two (2)
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.

Section 5. Lifting or Cancellation. - In the lifting or cancellation of the HDOMWLO
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
HDOMLO 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 denied
and/or dismissed.

(©) 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

(d) Any HDOMLO 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 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 contend 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 return;
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.

Section 8. /ssuance of Clearance/Certification 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 (NBI); and


d. Clearance from the court or appropriate government agency, whenever
applicable.

Section 9. Processing Fees. The Secretary of Justice shall prescribe the imposable
fees relative to the administrative cost in connection with issuance, lifting of the
HDOs, WLOs, and ADOs and such other pertinent documents.

Section 10. Repealing Clause. - All other laws, decrees, orders, issuances, rules
and regulations which are inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.

Section 11.Separability Clause. -If any part or provision of this Act is held invalid or
unconstitutional, other provisions not affected thereby shall remain in force and
effect.

Section 12.Effectivity. - This Act shall take effect fifteen (15) days after its
Publication in at least two (2) newspapers of general circulation.

Approved.