SC OKs precautionary hold departure order vs crime suspects

MANILA, Philippines — The high court on Tuesday has approved a Rule on Precautionary Hold Departure Order that allows trial courts to issue a directive barring personalities facing charges from leaving the country.

The Rule on Precautionary Hold Departure Order “is an order in writing issued by a court commanding the Bureau of Immigration to prevent any attempt by a person suspected of a crime to depart the Philippines,” according to the statement released by Supreme Court spokesperson Theodore Te.

The order shall be issued in cases where the accused is facing a charge where the minimum penalty prescribed by the law is at least six years and one day.

Te stressed that the determination of finding probable cause on flight risk “shall be without prejudice to the resolution by the prosecutor of any criminal complaint during the preliminary investigation.”

A prosecutor may apply for the PHDO before any regional court within the territorial jurisdiction the alleged crime was committed.

“The regional trial courts in the City of Manila, Quezon City, Cebu City, Iloilo City, Davao City, and Cagayan de Oro City shall also have the authority to act on applications filed by the prosecutor based on complaints instituted by the National Bureau of Investigation, regardless of where the alleged crime was committed,” Te added.

The PHDO will remain valid until the court recalls it. The accused, however, may file a motion questioning the existence of a probable cause on the determination of being a flight risk before the court.

The travel ban may also be lifted upon posting of a bond in an amount to be determined by the court.

The Rule on the PHDO will take effect within 15 days from publication in two newspapers of general circulation.

Associate Justice Marvic Leonen dissented from the majority.

Last month, The STAR reported that the SC struck down with finality former justice chief Leila De Lima’s authority to bar suspects and personalities facing charges from leaving the country.

It remains unclear how this issuance of the PHDO will affect the Immigration Lookout Bulletin Order being issued by the Department of Justice that also directs Immigration agents to alert the department should a respondent attempt to leave the country. According to former Justice Secretary Vitaliano Aguirre II, the respondent whose name appears in an ILBO should first seek clearance from the DOJ to be allowed to depart from the country.