Republika ng Pilipinas KAGAWARAN NG KATARUNGAN DEPARTMENT OF JUSTICE Manila DEPARTMENT CIRCULAR NO.

41 JUNE 07, 2010

CONSOLIDATED RULES AND REGULATIONS GOVERNING THE ISSUANCES AND IMPLEMENTING OF HOLD DEPARTURE ORDERS, WATCHLIST ORDERS, AND ALLOW DEPARTURE ORDERS WHEREAS, while several Supreme Court circulars, issued through the Office of the Court Administrator, clearly state that !old "eparture Order shall be issued only in criminal cases within the e#clusive $urisdiction of the Regional %rial Courts, said circulars are, however, silent with respect to cases falling within the $urisdiction of courts below the R%C as well as those pending determination by government prosecution offices& WHEREAS, apart from the courts, the Secretary of 'ustice 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, is in the best position to institute measures to prevent any miscarriage of $ustice, without, however, sacrificing the individual(s right to travel& WHEREAS, the "epartment of 'ustice, therefore, issued Circular )o* +, on March +-, +--. and Circular )o* +. on April /0, /11, to respectively govern the issuance and implementation of !old "eparture Orders 2!"Os3, 4atchlist Orders 245Os3, and Allow "eparture Orders 2A"Os3, among others& WHEREAS, in view of the problems that cropped up both in the issuance and implementation of said Orders, there is a need to review, revise and consolidate the two department issuances to ensure their effective implementation* NOW, THEREFORE, pursuant to the provisions of e#isting laws, the following consolidated rules are hereby adopted6 Sec !"# 1. Hold Departure Order. 7 %he Secretary of 'ustice may issue an !"O, under any of the following instances6 2a3 Against the accused, irrespective of nationality, in criminal cases falling within the $urisdiction of courts below the Regional %rial Courts 2R%Cs3* 8f the case against the accused is pending trial, the application under oath of an interested party must be supported by 2a3 a certified true copy of the complaint or information and 2b3 a Certification from the Clerk of Court concerned that criminal case is still pending* 2b3 Against the alien whose presence is re9uired 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* %he application under oath of an interested party must be supported by 2a3 a certified true copy of the subpoena or summons issued against the alien and 2b3 a certified true copy complaint in civil, labor or administrative case where the presence of the alien is re9uired*

2c3 %he Secretary of 'ustice may likewise issue an !"O against any person, either motu proprio, or upon the re9uest by the !ead of a "epartment of the :overnment& the head of a constitutional body or commission& the Chief 'ustice of the Supreme Court for the 'udiciary& the Senate President or the !ouse Speaker for the 5egislature, when the adverse party is the :overnment or any of its agencies or instrumentalities, or in the interest of national security, public safety or public health* Sec !"# 2. Watchlist Order. 7 %he Secretary of 'ustice may issue a 45O, under any of the following instances6 2a3 Against the accused, irrespective of nationality, in criminal cases pending trial before the Regional %rial Court* %he application under oath of an interested party must be supported by 2a3 certified true copy of an 8nformation filed with the court, 2b3 a certified true copy of the Prosecutor(s Resolution& and 2c3 a Certification from the Clerk of Court concerned that criminal case is still pending* 2b3 Against the respondent, irrespective of nationality, in criminal cases pending preliminary investigation, petition for review, or motion for reconsideration before the "epartment of 'ustice or any of its provincial or city prosecution offices* %he application under oath of an interested party must be supported by 2a3 certified true copy of the complaint filed, and 2b3 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* 2c3 %he Secretary of 'ustice may likewise issue a 45O against any person, either mtu proprio, or upon the re9uest of any government agency, including commissions, task forces or similar entities created by the Office of the President, pursuant to the Anti7 %rafficking in Persons Act of /110 2R*A* )o* -/1.3 and;or in connection with any investigation being conducted by it, or in the interest of national security, public safety or public health* Sec !"# $. Completeness of Information. 7 %o ensure the proper identification of the sub$ect of the !"O;45O and to avoid inconvenience to any innocent party, all applications or re9uests, including the !"O;45O to be issued, shall contain the following information of the sub$ect6 a* Complete name, i*e* given name, middle name or initial and surname& b* Alias;es, if any& c* "ate and place of birth& d* Place of last residence& e* Passport details, if available& f* Recent photograph, if available& g* Complete title and docket number of the case& and h* Specific nature of the case* Sec !"# 4. HDO/WLO Validity. 7 %he validity period of any !"O;45O issued pursuant to this Circular shall be reckoned from the date of its issuance* %he !"O shall valid for five 2<3 years
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unless sooner terminated* On the other hand, the 45O shall be valid for si#ty 2=13 days unless sooner terminated or e#tended, for a non7e#tendible period of not more than si#ty 2=13 days* Sec !"# %. HDO/WLO Lifting or Cancellation. 7 8n the lifting or cancellation of the !"O;45O issued pursuant to this Circular, the following rules shall apply6 2a3 %he !"O may be lifted or cancelled under any of the following grounds6 +* 4hen the validity period of the !"O as provided for in the preceding section has already e#pired& /* 4hen the accused sub$ect of the !"O has been allowed to leave the country during the pendency of the case, or has been ac9uitted 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& 0* 4hen the civil or labor case or case before an administrative agency of the government wherein the presence of the alien sub$ect of the !"O;45O has been dismissed by the court or by appropriate government agency, or the alien has been discharged as a witness therein, or the alien has been allowed to leave the country& 2b3 %he 45O may be lifted or cancelled under any of the following grounds6 +* 4hen the validity period of the 45O as provided for in the preceding section has already e#pired& /* 4hen the accused sub$ect of the 45O has been allowed by the court to leave the country during the pendency of the case, or has been ac9uitted of the charge& and 0* 4hen the preliminary investigation is terminated, or when the petition for review, or motion for reconsideration has been denied and;or dismissed* 2c3 All applications for lifting;cancellation of !"Os;45Os must be under oath and accompanied by certified true copies of the documentary evidence in support of the ground relied upon* 2d3 Any !"O;45O issued by the Secretary of 'ustice either motu proprio or upon re9uest of government functionaries;offices mentioned in Sections + and /, when the adverse party is the :overnment 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 re9uested the issuance of the aforesaid !"O;45O* Sec !"# &. Implementation of HDO/WLO/ADO Issuance and Lifting/Cancellation. 7 All Orders issued pursuant to this Circular shall be immediately transmitted to the Commissioner of 8mmigration for implementation, copy furnished the person;s sub$ect thereof, to give the latter ade9uate opportunity to content the Order or re9uest consideration thereof* Sec !"# 7. Allow Departure Order ADO!. 7 Any person sub$ect of !"O;45O issued pursuant to this Circular who intends, for some e#ceptional reasons, to leave the country may, upon application under oath with the Secretary of 'ustice, be issued an A"O* %he A"O may be issued upon submission of the following re9uirements6 a* Affidavit stating clearly the purpose, inclusive period of the intended travel, and containing an undertaking to immediately report to the "O' upon return& and
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b* Authority to travel or travel clearance from the court or appropriate government office where the case upon which the issued !"O;45O was based is pending, or from the investigating prosecutor in charge of the sub$ect case* Sec !"# '. Issuance of Clearance/Certification of "ot the #ame $erson. 7 Any person who is prevented from leaving the country because his name appears to be the same as the one that appears in the !"O;45O issued pursuant to this Circular 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 !"O;45O* %he Certification may be issued upon submission of the following re9uirements6 a* Affidavit of "enial& b* Photocopy of the page of the passport bearing the personal details& c* 5atest clearance from the )ational >ureau of 8nvestigation 2)>83& and d* Clearance from the court or appropriate government agency, whenever applicable* Sec !"# (. $rocessing %ees. 7 Pursuant to the provisions of Republic Act )o* -/,- and its 8mplementing Rules and Regulations, there shall be collected and paid to the Cashier(s Office of this "epartment the following fees to cover the administrative costs for services rendered by the 5egal Staff, to wit6 8ssuance;5ifting or Cancellation;?#tension of !"O;45O 7 P/,<11*11 8ssuance of Allow "eparture Order 7 P/,<11*11 8ssuance of Clearance;Certification of )ot the Same Person 7 P<11*11 Sec !"# 10. &epealing Clause. 7 All rules and regulations, particularly those contained in Circular )o* +, dated March +-, +--. and Circular )o* +. dated April /0, /11,, as well as all instructions, issuances or orders or parts thereof inconsistent with the Rules provided herein, are hereby superseded and;or repealed accordingly* Sec !"# 11. 'ffecti(ity. 7 %hese rules shall take effect immediately* May /<, /1+1* AL)ERTO C. AGRA Acting Secretary

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