Republic of the Philippines
HOUSE OF THE REPRESENTATIVES

Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO,__ 5577

Introduced by: Hon. Christopher S. Co, Hon. Rodel M. Batocabe
and Hon. Alfredo A. Garbin,

Explanatory Note

The right to travel under the Constitution can only be regulated in the
interest of national security, public safety or public health pursuant to a law.
Specifically, Sec. 6 Article 3 of the 1987 Constitution provides, as follows:

“Section 6. The liberty of abode and of changing,
the same within the limits prescribed by law shail 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.”

At present there is no law defining what a Hold Departure Order [HDO] is
and who may issue it and under what circumstances it may be issued and/or lifted.

It is the intention of this law to provide for a definition of what a Hold
Departure Order [HDO] is, when may it be issued and/or lifted and who may issue
and/or lift the same.



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This bill also secks to remove the confusion and discontinue the use and/or
issuance by the DOJ of the Watch List Order [WLO]. Although, different in name,
a WLO by experience works like a HDO.

In light of i fances, the swift passage of this bill is earnestly
sought.
va

Hon. ALFREDO A, GARBIN, JR.


Republic of the Philippines
HOUSE OF THE REPRESENTATIVES

Quezon City

FIFTEENTH CONGRESS,
First Regular Session

HOUSE BILL No, _55?7

Introduced by: AKO Bicol [AKB] Party represented by Hon. Christopher S. Co,
Rodel M. Batocabe and Alfredo A. Garbin, Jr.

AN ACT REGULATING THE ISSUANCE AND/OR THE LIFTING OF A
HOLD DEPARTURE ORDER {HDO] AND FOR OTHER PURPOSES
OTHERWISE KNOWN AS THE HDO LAW OF 2012.

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

Sec. 1. Definition of Terms:

a. Hold Departure Order is an order issued by a competent authority instructing
the Commissioner of the Bureau of Immigration and/or any of his/or
authorized representative not to allow the departure from the country of the
person or persons named in the said order.

b. Allow Departure Order - is an order issued by a competent authority
instructing the Commissioner of the Bureau of Immigration and/or any of
his/or authorized representative to allow the departure from the country of
the person or persons named in the said order.


Sec. 2. Felonies and/or crimes subject to a Hold Departure Order — A hold
departure order may be issued only against a person or persons accused in a
criminal investigation and/or case involving a felony punishable by an
imprisonment of not less than } year.

Sec. 3. Authority to issue and/or lift hold departure order pending preliminary
investigation. The Office of the Secretary of the Department of Justice [DOJ] and
of the Ombudsman may upon proper request issue hold departure order [HDO}
against respondent and/or respondents subject of preliminary investigation
effective for a non extendible period of Ninety Days [90 days] in order to ensure
his/their the appearance and/or participation.

Sec. 4. Automatic expiration of the HDO afier Ninety [90] days. The HDO
issued by the Secretary of Department of Justice and/or of the Ombudsman
automatically expires Ninety [90] days from its issuance without any need of
application and/or clearance. The Commissioner of the Bureau of Immigration is
only required to count the Ninety [90] days from the issuance of the HDO and need
no other documents to determine its expiry date.

Sec. 5. Authority of Courts to issue Hold Departure Order [HDO)]. The proper
court having competent jurisdiction upon a felony and/or an offense subject to the
issuance of a hold departure order [HDO} upon proper application may issue the
same subject to such conditions that it may deem appropriate.

The HDO issued by a competent court remains valid and effective during the
pendency of the criminal proceedings until ordered otherwise. It is however,
automatically lifted upon the dismissal of the case and/or acquittal of the accused.

Sec, 6. Allow Departure Order [ADO]. Upon proper application, a person

and/or persons against whom a HDO was issued may request that he or they be
allowed to depart pending investigation and/or during trial.


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In the issuance of an Allow Departure Order, the competent authority must
satisfy itself that the party requesting for an Allow Departure Order [ADO] will
retum as promised and will appear when required.

Sec.7. No Watch List Order [WLO] and others. The DOJ, and/or the
Ombudsman cannot, invoking this iaw, issue any other order either described as a
watch list order [WLO] or others which may directly and/or indirectly operate as a
Hold Departure Order.

Sec.8. Implementing rules and Regulation. The DOJ and the Ombudsman
will issue the required implementing rules and regulations to implement this law
within 60 days from its efffectivity.

Sec. 9. Separability clause. In case any part of this law is declared void and/or
invalid, the portion not affected by the same and which may continue will remain
effective.

Sec. 10. _Effectivity Clause. This law shall take effect fifteen [15] days
following its publication in at least [1] newspaper of general circulation.