What happens to Roque, Ong, others with canceled passports? DOJ explains

MANILA, Philippines — The passports of former human rights lawyer Harry Roque and Lucky South 99 representative Cassandra Ong were canceled by a Pasig court.

On Monday, November 24, the Pasig City Regional Trial Court Branch 157 canceled the passports of Roque, Ong and several others over qualified trafficking in persons charges filed against them in connection with alleged unlawful activities of Philippine offshore gaming operators (POGO) in Porac, Pampanga.

With their passports canceled, Department of Justice (DOJ) spokesperson Polo Martinez explained that it restricts their constitutional right to travel, as they can no longer leave the country.

“If they are in another country, their movement will necessarily now be limited as they will no longer be able to exit the foreign country’s borders, much less travel to another state,” Martinez said in a message to reporters on Monday.

“With no valid passport, they can also now be subjected to deportation proceedings by the host state where they may be located,” he added.

Martinez also said that if Roque and Ong are in an ASEAN member state, the DOJ can coordinate with that state through the Bureau of Immigration to inform them that the passports have been canceled.

Under the New Philippine Passport Act, a passport may be revoked upon a court’s directive if the holder has been found guilty of a crime, is evading law enforcement, or is identified as a suspected terrorist facing charges under the Anti-Terrorism Act.

However, in a press conference on Tuesday, November 25, Acting DOJ Secretary Fredderick Vida said that “it is for the receiving state to evaluate.”

Roque’s asylum. Roque, who is said to have sought asylum in the Netherlands, said that he will file a motion for reconsideration regarding the cancellation of his passport.

In the same press conference on Tuesday, chief state counsel Dennis Chan explained that the presence of a passport is irrelevant in determining whether his application for asylum will be granted.

“The asylum application of Mr. Roque will generally fall on whether or not he is being persecuted,” Chan explained.

“So ultimately in the end of the day he has to demonstrate and establish to the authorities that he is being prosecuted here,” he added.

When asked what the government will do once the Netherlands grants Roque’s asylum, Vida refused to answer, saying that it’s “speculative.”

However, if an Interpol red notice is issued against Roque, Justice Undersecretary Nicholas Ty said that it will depend on the country whether they will implement it.

“Kung umabot tayo sa puntong may red notice, at ipapatupad ‘to, call na ‘yon ng bansa kung nasaan siya, kung igagalang rin ang non-refoulment principle,” Ty said.

(If it reaches the point where a red notice is issued and it is enforced, it will be up to the country where the person is located to decide whether they will also honor the non-refoulement principle.)