Wednesday, July 7, 2010

NOT SO FAST … (Hold Departure and Watch List Orders)

by Obiter07

How do you make someone stay if he or she wants to go?   In all other instances, it may be hard to do, but in a criminal case for example, you can actually get an order to make someone stay, not with you, but in order to face justice.  The Department of Justice in Department Circular No. 41 dated 7 June 2010 has spelled out in detail how this is made operational.

Please note that the right to travel is actually enshrined in the Constitution.[1]  And any effort to restrict or limit this right must have strong basis. As stated by the Supreme Court in one guideline “the indiscriminate issuance of Hold-Departure Orders” can result in “inconvenience to the parties affected the same being tantamount to an infringement on the right and liberty of an individual to travel.”[2]

An individual can be prevented from traveling under two types of orders, the Hold Departure Order and the Watch List Order which can be issued by the Secretary of Justice.

Hold Departure Order

As stated in the Circular, a Hold Departure Order can be issued against (a) an accused in criminal cases under the jurisdiction of the Regional Trial Courts and even (b) against aliens whose presence is required either as respondents or as witnesses.

The Secretary of Justice may issue an HDO, under any of the following instances:

1.      Against the accused, irrespective of nationality, in criminal cases falling within the jurisdiction of courts below the Regional Trial Courts (RTCs):

a)      If the case against the accused is pending trial, the application under oath of an interested party must be supported by (a) a certified true copy of the complaint or information; and (b) a Certification from the Clerk of Court concerned that criminal case is still pending.

b)      If the accused has jumped bail or has become a fugitive from justice, the application under oath of an interested party must be supported by (a) a certified true copy of the complaint or information; (b) a certified true copy of the warrant/order of arrest; and (c) a Certification from the Clerk of Court concerned that the warrant/order of arrest was returned unserved by the peace officer to whom the same was delivered for service.

2.      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 a quasi-judicial or an administrative agency of the government.

The application under oath of an interested party must be supported by (a) a certified true copy of the subpoena or summons issued against the alien; and (b) a certified true copy complaint in civil, labor or administrative case where the presence of the alien is required.”

3.      The Secretary may likewise issue an HDO against any person, either on his own, or upon the request by the Head of a Department of the Government, the head or 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 1.)

Watchlist Order

Apart from the HDO, the Circular also covers the Watch List Order which is available for (a) criminal cases pending before lower courts, or even for (b) cases still under preliminary investigation.   Again, it can be issued by the Secretary on his own or upon request.

The Secretary of Justice may issue a WLO, under any of the following instances:

1.      Against the accused, irrespective of nationality, in criminal cases pending trial before the Regional Trial Court or before courts below the Regional Trial Courts.

The application under oath of an interested party must be supported by (a) certified true copy of the Information filed with the court; (b) a certified true copy of the Prosecutor's Resolution; and (c) a Certification from the Clerk of Court concerned that criminal case is still pending.

2.      Against the respondent, irrespective of nationality, in criminal cases pending preliminary investigation, petition for review, or motion for reconsideration before the Department of Justice any of its provincial or city prosecution offices.

The application under oath of an interested party must be supported by (a) certified true copy of the complaint filed; and (b) 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.

3.      The Secretary of Justice may likewise issue a WLO against any person, either on his own, or upon the request of any government agency, including commissions, task forces or similar entities created by the Office of the President, pursuant to the "Anti-Trafficking in Persons Act of 2003" (R.A. No. 9208) and/or in connection with any investigation being conducted by it, or in the interest of national security, public safety or public health.. (Section 2)

Periods of Validity; Lifting and Cancellation

The HDO is valid for five (5) years from issuance while the WLO is good for sixty (60) days (Section 4).

The HDO and WLO can be lifted or cancelled as follows:

1.      When the validity period of the HDO 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 HDO/WLO 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.

The WLO may be lifted or cancelled under any of the following grounds:

1.      When the validity period of the WLO 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;

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.

Any HDO/WLO issued by the Secretary of Justice either on his own or upon request of government functionaries/offices mentioned in Sections 1 and 2 of the Circular, 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 5)

Allow Departure Order

If you wish to leave and the subject orders cannot be lifted or cancelled, you can apply for an Allow Departure Order.

Any person subject of HOO/WLO issued pursuant to this Circular 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:

1.      Affidavit stating clearly the purpose, inclusive period of the  intended travel, and containing an undertaking to immediately report to the DOJ upon return; and

2.      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 7)

Mistaken Identity

In cases of mistaken identity, you have recourse to a certification that you are not the same person whose name appears in the HDO/WLO:

Any person who is prevented from leaving the country because his/her name appears to be the same as the one that appears in the HDO/WLO 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 HDO/WLO.

The Certification may be issued upon submission of the following requirements:

1.      Affidavit of Denial;
2.      Photocopy of the page of the passport bearing the personal details;
3.      Latest clearance from the National Bureau of Investigation (NBI); and
4.      Clearance from the court or appropriate government agency, whenever applicable. [Section 8]

It remains to be seen whether the Circular will withstand constitutional challenge as it can be abused specially when invoked using such grounds as “national security.”   But it is a way to make those who seek to escape accountability by going to foreign lands face the music here. Now if only we can enforce it against fleeing senators and department secretaries for their crimes and scams.


[1] SECTION 6. The liberty of abode and of changing 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.(ARTICLE III, Constitution)
[2] OCA CIRCULAR NO. 39-97

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160 comments:

Anonymous said...

If the HDO (5 years) or WLO (60 days) has expired, will the name of the person be automatically be stricken or cancelled from the list or do petitions/affidavits/applications or other such requests have to be submitted to the pertinent authorities?

The Legally Inclined said...

An application under oath (with certified true copies of the supporting documents) has to be submitted to lift/cancel the HDO/WLO.

Anonymous said...

Anonymous, the HDO will not be automatically lifted, the person who had a HDO issued against him MUST go to the Bureau of Immigration and Deportation (BID) to SECURE A CLEARANCE. You must bring the Order saying the HDO/WLO had already been lifted.

Anonymous said...

Good am po atty.My nag file po kc skin ng estafa at BP 22 dahil nga po bumagsak n po yung negosyo namin d ko n po nbyaran yung mga goods n nakuha namin skanila.My 3 supplier n po ang naghabla skn.Nakapag counter po ako sa isa pero dahil wala n po tlaga kming gagastusin d ko n po nsagot yung iba.Ngyon po ang tanong ko lang po ay ganito yung isang nagfile skin nag ask po ng motion for HDO.Once po b na approve d po b ko papayagang lumabas ng bansa kahit po yung pangalan ko s file nilang case e mali yung isang letra ng pangalan ko.
ex: po Ferry Ong ang true name ko pero s kaso ay Ferrey Ong.Eto pong case n to d ko nasagot mali mali pa po yung mga na type s pangalan ko s affidavit nila instead of Ong stating skin e OGN po tapos yung name ko Ferrey.My chance po b n ichallenge ko n d po ako yun incase n my HDO po ako.
Salamat po. Pls. reply. God bless po.

Anonymous said...

Pls. pakisagot lang po.Salamat po ulit and more power.

The Legally Inclined said...

Dear Reader:
There is no substitute for seeking legal advise from counsel of your choice in this matter. You have yourself admitted that you are the proper respondent to the very same case. A challenge to the HDO can be made but if your only argument is that the name used is wrong, but that you are one and the same person, then the authorities can very easily correct it. The underlying case which resulted in the HDO issuance is the one that should be addressed. Please refer this matter to your lawyer so you may be able to able to settle your obligations as soon as possible.
Thanks.
TLI

Anonymous said...

good afternoon po atty...my dumating po na notice from the court para sa husband ko na clear na po siya sa case n na file sa kanya dahil wala po isa mang evidence na naipakita against sa kanya but unfortunately po naiwala po yung letter galing ng court so wala po kami copy.saan po kaya kami pwedeng humingi ng another copy kasi po we need to get a clearance para maka travel po siya dahil nalagay po siya sa watch list order year 2007 pa.thank you for your reply wala po kasi kami malapitan para mahingan ng advise...thank you so much and more power

The Legally Inclined said...

Hi,
Please ask the court for a certified true copy of the Order then please show the same to the DOJ for lifting or cancelation of any Hold Departure Order against your husband.
Thanks.
TLI

Anonymous said...

Hi,
There was a case filed against me but I never attended any hearing or proceeding as wala nman ako natanggap but recently after 2 years may dumating na letter na parang motion for issuance of HDO, so for approval pa. Question is since nasa labas ako ng country, pwede bko magpadala ng lawyer to just settle without my appearance? is that possible? thank you po ,please respond.

Thanks

Anonymous said...

thank you so much po sa reply..but as of now po pareho kami nasa abroad.pwede po ba na mag authorize siya ng brother or sister nya to get a copy?again,thank you very much....

The Legally Inclined said...

Anonymous,
Yes, of course, you may authorize someone else to get a copy on your behalf, with the mention that you are both out of the country. You may need to send something in writing evidencing this authority, if so required by the court.
TLI

The Legally Inclined said...

Anonymous,
It is always advisable to be represented by counsel. Please note that for settlements, this may require that you issue a special power of attorney specifically authorizing the same. Only the civil aspect of criminal cases can be compromised. The latter may still proceed.
TLI

Anonymous said...

Hi,
kasalukuyan po akong ngtratrabaho ngaun sa ibang bansa bilang OFW. ngkaroon po aq ng kaso nung year 2012 ng BP 22 sa isang loan agency sa pilipinas sa isanf maliit na halaga lamang na unti unti kong binabayaran noon ngunit nahinto po dahil pataas ng pataas ang hinihingi nilang interest. Dahil doon nglabas po cla ng warrant of arrest para s akin. May chance po kaya na mgpa issue cla s korte ng HDO laban saken? Gusto ko po kasing makauwi ng pilipinas para mkita ang mga anak ko kahit saglit. Salamat po

Anonymous said...

I am working abroad and there is a case that I plan to settle sa PH. I am just taking a vacation leave for like 1 month and 1 week as my atty suggested. I want to know your opinion if that time is enough to fix it? Assuming there is an HDO issued against me. So if ndi matapos within 1 month 1 week, ndi ako makakabalik sa country that I am working now.
Please give your advice thanks

The Legally Inclined said...

Anonymous,
Without knowing more details about your case, it just seems best if you can already set the wheels in motion while you are abroad. Have a relative, friend, your lawyer settle as much of the issues involved, while you are abroad. It would be difficult if you are caught based on a valid HDO while here.
TLI

The Legally Inclined said...

Anonymous,
Without knowing more details about your case, it just seems best if you can already set the wheels in motion while you are abroad. Have a relative, friend, your lawyer settle as much of the issues involved, while you are abroad. It would be difficult if you are caught based on a valid HDO while here.
TLI

Karen said...

Dear TLI,

A friend of mine was issued a HDO sometime in 2008 and has not been able to travel outside of the country since. You mentioned in this blog entry that HDOs are only valid for 5 years and that once it expires, my friend can submit an "application under oath (with certified true copies of the supporting documents) has to be submitted to lift/cancel the HDO/WLO."

However, I came across an article from 2011 saying that the DOJ has begun purging the HDO and WLO lists: http://www.abs-cbnnews.com/nation/metro-manila/07/26/11/6000-names-hold-departure-watchlist-purged

I wonder if through this DOJ order, my friend's name will finally be purged from the list? I hope to get your take on this matter. Thank you.

The Legally Inclined said...

Dear Karen,
The best thing to do would be to confirm with the DOJ that the HDO has, in fact, been lifted. It would be advisable to get written confirmation so that this can be presented if any travel is questioned.
Thanks.
TLI

Ardel Lasalita said...

gud day po..
my hold departure order at watch list order ang kinasuhan ko ng bigamy..nung january 2014 na issue. nag arraignment na kmi nung september 16,2014,NG plead xa not guilty..nag file po cla ng motion to lift ng HDO at WLO..para makaalis xa..ano po ba ang pwede ko gawin sakali ma lift ang HDO at WLO NYA?
ardel

The Legally Inclined said...

Hi Ardel Lasalita,
Typically, the order should stay while the proceedings are pending. If a party is allowed to leave, the court may impose conditions such as the posting of a cash bond. Since it appears that you are represented by counsel, you should consult with him directly. Some options are filing a motion for reconsideration or going to a higher court to appeal the unfavorable order.
Thanks.
TLI

Anonymous said...

I would like to inquire if my auntie can file a hold departure or watchlist order agains a certain person with pending case at RTC Calamba. The said person is working at Dubai, UAE. Pls reply

The Legally Inclined said...

Hi Anonymous,
As stated in our post above, the application may be filed with the RTC or the DOJ. Thanks.
TLI

Anonymous said...

Hi good day atty, last 2010 i filed a RA 9262 case againts my husband and the doj issued watchlist order to him pero nagtataka po akoat hindi ko alam kung bakit sya nakabalik ng u.s pilipino po sya migrate po sa u.s, wala din po na kahit ano letter na dumating sakin from city hall of manila after the hearing is done, kaya hindi ko po alam kung ano nangyare sa kaso na laban sa kanya,, and after 4years muli nagparamdam yung asawa ko he wants to file annullment and begging me to lift the wlo nalaman daw kasi nya from a friend na nasa wlo padin daw po ang name nya. Ask ko lang po hindi po ba mawawala yung wlo sa kanya hanggat hindi pa na lift yun sa.doj? My laban pa po ba ako dito? Pagkakaalam ko po kasi binayaran nila ng lawyer nya yung piscal kaya po sya nakaalis ng bansa even if the wlo is not already expired,, thank you po godbless

The Legally Inclined said...

Hi Anonymous,
1. You have to check if the WLO is still valid as they have expiration dates.
2. You may have to apply for a new WLO against your husband.
Thanks.
TLI

The Legally Inclined said...

Hi Angel Licap,
It is best to check with the relevant RTC and the Bureau of Immigration to confirm inclusion in or non-inclusion from the HDO list.
You will have to check with the relevant court to determine the nature of the case. What you have sent is just the case number.
Thanks.
TLI

Anonymous said...

good evening. i filed a case under RA 9262 against my live-in partner and way back 2011. he was a foreigner. warrant of arrest was released but he manage to go back to his country before RTC released HDO (5 years). is it possible for him to depart Philippines again since it has an expiration date? but as what i've red from the top comments, the other one was issued with WLO which has a shorter term than HDO but still it is active.i just got confused. is it the certified true documents of dismissal of the case who can lift the said issue or is it possible to be permanent? or to apply for a new HDO?

The Legally Inclined said...

Please check with the RTC and the BI regarding the status of the HDO. Its validity would all depend on the status of the case. Ordinarily, the issuing authority would be the one to cancel it. A certificate of dismissal may be one of the requirements to lift the HDO.
Thanks.
TLI

Anonymous said...

Hello, having a case for RA9262 is a valid ground for HDO? Wala po akong pending case or even I do not have a criminal case. How come I have an HDO?

Anonymous said...

My friend po aq n late n nya nlman n kinasal n pla ung guy noong 2004 at nregister lng ksal s nso nung 2013. At kinsal nmn cla ng friend ko noong
2010. Ang alm ko po kinasuhan noong first wife ang guy. Mkakasuhan po b ang friend ko at hndi n rin b cia
mkkpgtravel outside PH? Pls reply

The Legally Inclined said...

Anonymous,
With the possibility of a case being filed against your friend, we suggest that she already seek legal advise.
As to a hold departure order, its issuance would depend on the nature of the case filed.
TLI

Anonymous said...

ask ko lang po makakakuha po ba ako ng passport kung meron ako pending case?

The Legally Inclined said...

Anonymous,
Kindly check with the DFA but as far as we know passport requirements are meant only to establish identity, not criminal history.
Thanks.
TLI

Anonymous said...

I read about Department Circular No. 41 dated 7 June 2010 particularly section 3 completeness of information/record. What do you mean mistaken identity? if record says juan s. cruz, a very common name but with different birthdate? am i required to get certificate of NTSP?

The Legally Inclined said...

Anonymous,
Pursuant to Sec. 8 of the Department Circular, if you are prevented from leaving the country because your name appears to be the same as the one that appears in the HDO/WLO, and you can't in any way convince the immigration officers that you are not the same person, then you might have to get the Certificate of NTSP.
Thanks.
TLI

Anonymous said...

Good day po Atty. ask ko lng po kong pwede ho ba na ako nalng mag file nang request at DOJ for WLO against my husband. Nai file ko na po ung RA9262 case ko against him. He's an OFW and i heard he will be going home for the annulment hearing he filed against me. By then i hope nasa WLO na sys pra hindi sya maka labas nang bansa agad2.

Also may i ask what are the steps in filing WLO.

For your guidance. Thank you po

Anonymous said...

YOGI BEAR... hi,my bf have a case VAWC.he was guilty and then he file sa court of appeal.he didnt know may HDO sya,di b tlg nllman yun?khit letter na may HDO wla syang ntangap.ganun ba tlg yun? nlmn lng nya na may HDO yung ppunta sya out of the country.honold sya sa imigration. will it be affect sa CA na nagbalak sya umalis even he didnt know n may HDO sya? thanks for your big help. god bless po

Maggie said...

Hi Atty. TLI,

I hope you can clear something up for me --the wording in Section 1, subheading (b.), only seems to cover aliens, or those with pending cases filed against them.

Therefore: is it possible for a respondent (citizen) to apply for an HDO against a plaintiff (dual-citizen) who has filed administrative or criminal charges against the respondent/accused?

Sorry if I'm getting redundant, just want to be sure I asked the question as properly as I could!

Rgds,

Maggie

The Legally Inclined said...

Anonymous,
If he is questioned re his attempt to leave, his best defense is to be truthful and say that he was unaware of the HDO.
We cannot help note that offenses under the Violence Against Women and Children Act are serious and we sincerely hope for swift and complete justice.
TLI

The Legally Inclined said...

Hi Maggie,
Since the plaintiff is a dual citizen Sec.1 (a) and (c) apply -

Section 1. Hold Departure Order. - The Secretary of Justice may issue an HDO, 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 (a) a certified true copy of the complaint or information and (b) a Certification from the Clerk of Court concerned that criminal case is still pending.

xxx

(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.

TLI

Ryan G said...

I was advised by an immigration officer at the airport that my name appears on the WLO.
Note that only the first names and the last name appear on the Immigration information.
The IO asked for more information and probed further - my address and other personal details.
He allowed me to go but he asked me to get the Certificate of Not the Same Person from the Bureau of Immigration to avoid hassles in my future travel.
Like the others who posted here, dealing with government bureaucracy was a lot of hassle. I went to the BI office in Intramuros to get the details of the case. Took me half a day to go there and get the details. The next day I went to the court to get the court clearance. They asked me to execute an affidavit of denial (500 pesos). The court was efficient enough to release the court clearance in an hour.
I then went to the BI office in the afternoon to file my request. However, it will take them two weeks to release the certification. I advised them that I have an upcoming travel. They asked for a copy of my air ticket to justify a rush issuance of the certificate. I got my certificate two days before my schedule flight. It took me two days to secure the requirements and the certificate.
Section 3 of the DOJ Circular No. 41 states that the information in the WLO should be complete – full name, date and place of birth, address, passport details, etc to avoid inconvenience to any innocent party. However, the Bureau of Immigration is not following this as they only have the last name and the first name in their list. This, I think is very unfair and unjust to those who happen to have a similar name to those in the WLO and HDO. And isn’t this a form of harassment? Were there any actions taken to question how this DOJ Circular is being implemented? Thanks!

The Legally Inclined said...

Ryan G,
Thank you for sharing your experience. It will doubtless inform others in the same predicament.
We are not aware of any actions questioning the DOJ circular - which is not to say there aren't any. We encourage you - and others who have been similarly been inconvenienced - to write to the DOJ and the BI to compel them to take action to avoid further undue inconvenience and stress to innocent people.
Thank you.

Anonymous said...

Hi atty

Sadly i have the same problem as Ryan G. But i only knew that my name is same with one on their watchlist order person when i arrived only last week and i have a flight next month. The immigration officer asked me to get the Certification of Not the Same Person from the BI.
Can i get the certification in other immigration offices? How about immigration offices inside the airport terminal , do they process this kind of certification?

Thanks

Anonymous said...

Can we file the certification of not the same person in other immigration sattelite offices?

The Legally Inclined said...

Hi Anonymous,
Its best to call the BI main office and inquire how you can get the certification quickly.
Good luck!

Anonymous said...

Good day Atty.:
My friend is a victims of scam sad to say she accused estafa,by co investors.she received different life threat ,kaya nagtatago siya,naawa kmi sa knya kahit kami mismo ay naging kasama nya sa investment na un way back 2007 or2008, kaya un balak nya mag abroad para makaahon.
Atty here is my question.
May passport siya single ung demanda sa KANYA married, in check nya if may HDO WLO ung passport she went in B.I it is cleared no derogatory records.it means she is free to go out or how if the married name has HDO WLO ? Baka yun ung may file pwede po ba siya umalis?

Jessica Reese said...

Can you still enter the country if you have WLO? Will they arrest you or not let you in? The fiscal hasn't filed it yet and it's still pending but my friend wants to go back home. He doesn't have a warrant of arrest but he knows that he has a WLO.

The Legally Inclined said...

Hi Jessica Reese,
Any action to be taken against a subject of a WLO depends on the purpose for which the WLO was issued. The general purpose of the WLO is to ensure said subject falls under Philippine jurisdiction so the subject will most likely not be prevented from entering the country.
TLI

Jessica Reese said...

What if it was issued because he committed a serious crime but he's not proven guilty yet? Can he still enter the country?

The Legally Inclined said...

To the Anonymous Asker who inquired about the name indicated in the HDO/WLO, please note that the BI will only check the name on your official documents like the passport and the ticket. If the names do not match the name in the HDO/WLO, then there should be no problem.

Hope this helps.

TLI

The Legally Inclined said...

Jessica Reese,
The WLO does not require court judgment. It is often issued against a person so he/she can attend trial, in which case, the state will be quite eager for him/her to come back. The "entering part" is not actually the problem because the WLO is generally issued to ensure the subject is found and prevented from leaving the country.

keisha umlas said...

hi po atty, ask ko lang po kung paano malalaman kung may HDO or WLO ang isang tao. and kapag po ba may case ka dito eh hindi ka na pwedeng makaalis ng bansa? makakarecieve po ba ng letter to inform the person na kasama sya sa list? thank you po in advance

The Legally Inclined said...

Hi keisha umlas,
Maaaring malaman kung may HDO o WLO ang isang tao kapag nakipag-ugnayan sa BI upang alamin kung may ganitong kautusan laban sa kanya. Hindi lahat ng mga may kaso ay may HDO o WLO.

Anonymous said...

hello po atty

ask ko lang po kapag po ba na ba na issue ang warrant of arrest ra9262 automatic diretso poba sa immigration?at kapag po ba na pending case sa RTC ra9262 automatic din poba na may hold departure order narin puba?? thanks po god bless more power

The Legally Inclined said...

Hello,

Hindi po "automatic" ang pagbigay ng mga HDO or WLO, at ang mga "order" o utos na na ito ay dapat hilingin sa kinauukulan; nguni't sa ilalim ng RA 9262, ang hukuman po ay inatasang pabilisan ang paglabas ng HDO.

Anonymous said...

salamat po sa sagot atty

kapag po ba pending ang case sa ra 9262 wala po sa bansa ang accused tuluy tuluy puba ang hearing after ma issue ang warrant?ang magkabilang panig po dipo pumunta sa hearing..almost 2 years napo kaso tuluy tuluy poba or need po lagi bineverify??

salamat po god bless po

Anonymous said...

Kung nasa abroad ka at may pending case ka na bigamy ..pg nagbakasyon ka i-hold ka ba ng immigration officer? Makaka alis ka pa ba ng pinas knowing na wla kang HDO and WLO? Hnd ka ba i-hold ng immigration officer pag may nakitang pending case.

Anonymous said...

hello po atty

ask ko lang po kapag poba ang isang case ay pending sa RTC.ilang taon poba pending ang isang kaso kung wala naman po nag fofollow up??mahahatulan poba o madesisiyunan na ng korte ang kaso kung ang case ay pending poba??thank you po god bless

Anonymous said...

hi atty! iyong mother ko po nagfile ng kasong libel sa isang OFW. Dumating siya dito sa Pilipinas at nareceived na niya iyong sobpoena. The problem is, babalik na sya sa ibang bansa next month . Is it possible na makapagfile pa ng HDO? ano po puwedeng gawin para hindi siya makaalis ng bansa..Thanks po..

Phinkee fortaleza said...

HI merun po akong letter from LBC ang nasa loob galing sa Metropolitan trial court makati hindi po ako ang naka receive kasi wala na po ako dun sa bahay na yun bale pangalawa na po pala yun na pinadalhan na schedule for arraignment at lapse na din po yung date ng panagalawang arraignment na un ano po ba pede mangyari yung ang case po is BP 22
Thanks so much

The Legally Inclined said...

Anonymous,
Ang pinakamabuti niyo pong gawin ay sumangguni na kaagad sa isang abugado upang mabigyan ng kaukulang payo tungkol dito. Good luck!

The Legally Inclined said...

Anonymous,
Walang nakatakdang panahon na kailangang mabigyan ng desisyon ang isang kaso. May responsibilidad ang petitioner at respondent/defendant na alamin ang nangyayari sa kanilang kaso at kung paano mapapabilis ang pagdedesiyon dito.​ Nguni't maaring magreklamo sa hukuman kung talagang walang ginagawang mga karapat-dapat ng mga hakbang sa isang kaso.​

ジョーメディナ said...

Im an ofw for 3 yrs. half of my salary was sent to the bank of my wife and the half goes to my personal bank but my atm was in her possession. when i got back home all of my savings were gone maybe she transfered it to her account. now i decided to separated her because of her greediness. She now filed a case of abandonement or non support under ra 9262. I have now hearings to attend in rtc i cant go abroad to move on and start over again. She filed cases in poea and rtc Just to make harassment Because she know if i got savings again i will file annulment. she using this ra 9262 in harassing me not to work abroad.

The Legally Inclined said...

Hi Phinkee fortaleza,
Pinakamabuting lumapit na sa isang abugado tungkol dito. Maiging maiwasan ang isang sitwasyon na umandar ang kaso ng di mo nalalaman. Maaaring maging mas mahirap eto para sa yo.
Good luck!

The Legally Inclined said...

To Anonymous who posted this query on July 27, 2015 (which seems to have been inadvertently deleted) -

"salamat po sa sagot atty

kapag po ba pending ang case sa ra 9262 wala po sa bansa ang accused tuluy tuluy puba ang hearing after ma issue ang warrant?ang magkabilang panig po dipo pumunta sa hearing..almost 2 years napo kaso tuluy tuluy poba or need po lagi bineverify??

salamat po god bless po

This is our reply -

Kapag ang nasasakdal ay humarap na sa hukuman at nagbigay na ng pahayag kung siya ay may sala or wala, maaari nang magtuloy-tuloy ang kaso. Nagkakaroon ng kapangyarihan ang hukuman o "jurisdiction" kapag humarap na ang nasasakdal dito. Kung hindi pa siya humaharap maaaring maantala ang pagdinig hanggang siya ay maaresto.

Salamat.

The Legally Inclined said...

To Anonymous who posted this query on August 15, 2015 (which seems to have been inadvertently deleted) -

Kung nasa abroad ka at may pending case ka na bigamy ..pg nagbakasyon ka i-hold ka ba ng immigration officer? Makaka alis ka pa ba ng pinas knowing na wla kang HDO and WLO? Hnd ka ba i-hold ng immigration officer pag may nakitang pending case.

This is our reply -

BI will prevent from leaving those with pending HDOs and WLOs, not pending cases. Those fearful of pending HDO or WLO against them are encouraged to check with the BI.
But there are cases where trips have been disrupted if your name is the same as the accused in a pending case and this appears in the the database.
Thanks.

The Legally Inclined said...

To Anonymous who posted this query on August 15, 2015 (which seems to have been inadvertently deleted) -

Kung nasa abroad ka at may pending case ka na bigamy ..pg nagbakasyon ka i-hold ka ba ng immigration officer? Makaka alis ka pa ba ng pinas knowing na wla kang HDO and WLO? Hnd ka ba i-hold ng immigration officer pag may nakitang pending case.

This is our reply -

BI will prevent from leaving those with pending HDOs and WLOs, not pending cases. Those fearful of pending HDO or WLO against them are encouraged to check with the BI.
But there are cases where trips have been disrupted if your name is the same as the accused in a pending case and this appears in the the database.
Thanks.

The Legally Inclined said...

Hi Joe Medina,
Do you have a​ specific​ question​ in mind​?
At the moment, ​we believe the best way to overcome your situation (and move on) is to defend yourself regarding the cases filed against you.​ Unfortunately, court processes can be abused but the advisable option here is to engage counsel to help you face these cases.​

Good luck!

Anonymous said...

Good day po,

Kahit po ba domestic travel/flight lang haharangin pa din po ba sa airport kapag may HDO?

Thank you po and more power.

The Legally Inclined said...

Good day rin po Anonymous,
Ang HDO po ay tungkol lamang sa "departure from the country" o pag-alis sa bansa upang makaiwas sa pananagutan sa batas.
Salamat.

Anonymous said...

Sir,

Kung ang isang tao na nakatira na sa abroad, ay merong pending hdo, pwede ba syang hindi papasukin sa Pilipinas pagdating sa naia, at arestuhin, kahit ang warrant of arrest ay nag-expire na? Ano ang patakaran kung may nakitang pending hdo laban sa kanya. Agad agad ba syang idedetain?

Salamat po.

The Legally Inclined said...

Hi Anonymous,
Sa pangkaraniwan, ang isang warrant of arrest ay hindi basta-bastang napapaso. Ang pending HDO ay malamang sundin ng BI sa airport at maging dahilan sa pag-aresto sa akusado na sakop ng HDO base sa warrant kung lumabas eto sa record habang siya ay papasok sa bansa.

Yanie said...

Hi po. Hope you can help me. I've been out of the country since 2012 and left several debts with credit card companies. My worry is we will soon come back to Manila this year for a family reunion and is worried that I may not be able to go out of the country again if I have an HDO. I know that these debts are civil cases but I remember a loan of a small amount only amounting to 10k that the bank asked me to sign a cheque of theirs as my monthly payments to them. Will I get a bp22 on this? These aren't my own cheques but theirs. I know that it is my responsibility for all that I have incurred and am planning to settle some of them when I come home but also scared at the same time they might find out I'm here and have an HDO or whatever. I have made several attempts to settle them while at abroad but they require me to call them which will cost me a lot on overseas calls. Can you help me please?

Yanie said...

Hi, ive been out of the country since 2012 and left several credit card debts and a personal loan. I have made several attempts to settle them while away but the collectors required me to call them which will cost me a lot and wouldn't exchange communication with me over the email. Now that we are soon to come back home to visit families, I am worried that if I attempt to communicate with them, they might go after me again and worse have an HDO for me. I know that my case is civil, but I do remember my loan fot only 10k where the bank asked me to sign their own cheque, not mine, as payment for my monthly amortizarions. Will I get a bp22 on this? Can you help me pls? Will I have an HDO?

Anonymous said...

Atty.,
Ako po ay kasalukuyan nasa abroad at may naiwanan almost 500k na utang sa credit card sa 4 na banks at isang personal loan amount balance ay 35K (PDC Issued) natatakot po ako umuwi kaso baka ihold ako sa airport paano po ba malalaman kung may nkafile sayo kaso. sana matulungan po ninyo ako maraming slamat po

The Legally Inclined said...

Anonymous,
Payo naming tawagan o makipag-ugnayan po kayo sa mga credit card companies para malaman kung magkano na ang utang ninyo at kung paano ninyo ito mababayaran. Dapat pong mag-ingat at maaaring mapatawan ng malaking "interest" ang inyong mga pagkakautang.

Anonymous said...

Atty good day po

Ask kulang po about r.a 9262 may warrant of arrest napo brother ko tapos nag issue na ng alias warrant ang korte noong 2013 pa po..pero nag agree napo ang ex wife niya mag motion to withdraw ang case po kaso nasa abroad pa po ang brother ko pwede po ba ma dismissed ang kaso kahit dipa po cya naka pag post bail at wala po cya sa pinas..ano po maganda advice po kung sa pag uwe nalang poba niya ayusin..diba dinaman po sya liable sa crime ku g nag susuport naman po cya finacial sa anak niya??..salamat po god bless and more power

yohan cruz said...

pwede po ba mag travel ang may pending case domestic lang po for vacation

The Legally Inclined said...

HDOs and WLOs are for foreign travel.

jenny said...

Gud day po. My daughter was who is an American citizen was placed under HDO when I filed for annulment. It has been more than 5 years and the annulment has been finalized. how do we start lifting the HDO? do I need a lawyer or is it possible to do it myself? thanks.

The Legally Inclined said...

Hi Jenny, and others who may be concerned,

Below is the BI's recent info on HDO and relevant procedures (which may be found at http://immigration.gov.ph/faqs/deregatory-lists/hold-departure-order) -

What is a Hold Departure Order and under what reasons can this be filed?

A Hold Departure Order (HDO) prevents an individual to depart from the Philippines. To file for the said order, a criminal case should be pending before the Regional Trial Court (RTC) and order should begiven by the RTC directing the Bureau of Immigration (BI) to hold the departure of the person/s named. If in case the case does not fall on a HDO, you may refer to the Department of Justice (DOJ) for an application for an Immigration Lookout Bulletin Order.


How do I verify if there is a derogatory record against me?

You may file for a request for verification at the Clearance and Certification Section of BI. Just present your passport and pay the respective fees applicable for the said transaction.


How do I lift the derogatory record against me?

For lifting of a derogatory record, one must first get a dismissal of case from the Clerk of Court of the RTC which issued the order. Submit the case order together with a letter of request to BI and pay the respective fees applicable for the said transaction. Once the Order has been approved, the BI will transmit it to the airports and other offices for implementation.


Anonymous said...

good day po atty. ask kulang po kung ano ibig sabihin ng allias warrant of arrest?? thanks po godbless

The Legally Inclined said...

Hi Anonymous,
An alias warrant of arrest is issued when the original warrant of arrest is returned without being served.
Regards.

Anonymous said...

Hi!

My mother has been staying abroad for some time now. During her last visit here in the Philippines she was held by the BI due to a pending HDO against her. She has been going in and out of the country before without any hassle it was just recently that she was held due to this. We also checked the HDO and found out it was issued by an MTC some time 1994 1995. Can the BI hold her from coming and going out of the Philippines again?

The Legally Inclined said...

Anonymous,
If the HDO is still valid, yes the BI can still hold her.​ It would be advisable to have that case settled once and for all to avoid the hassle of being held at the airport.​
Good luck!

The Legally Inclined said...

Anonymous,
Payo naming tawagan o makipag-ugnayan po kayo sa mga credit card companies para malaman kung magkano na ang utang ninyo at kung paano ninyo ito mababayaran. Dapat pong mag-ingat at maaaring mapatawan ng malaking "interest" ang inyong mga pagkakautang.
Good luck!

The Legally Inclined said...

Anonymous,
If all is well between the couple, the wife can then be encouraged to file a motion to ​dismiss the case​ and/or execute an affidavit of desistance. it is advisable that you secure a formal dismissal of the case by the court. The court's judgment can then be presented to the BI for cancellation of​ the​ HDO​, if any​. Good luck!

The Legally Inclined said...

Yanie,
We suggest that you request someone here to (1) immediately settle your debts while you are away and (2) immediately check if there is any HDO or WDO pending against you. ​Otherwise, there is that risk of being subjected to those orders. ​Alerting creditors as to your arrival is also a risk so you must be ready to settle.
Good luck!

Nicole Mendoza said...

Hello gud am po .. ask ko lng po if pwede po ma hold ang isang tao na walang kasalanan. Ayaw lang po cia palabasin ng bansa ng magulang nia. Mag tour po kase cia this month.. thankyou po

The Legally Inclined said...

Hi Nicole Mendoza,
If we are talking of a minor, then the parents have authority over their minor children. On the other hand, an adult that is fully capacitated for all legal acts cannot be held against his will; otherwise, this could give rise to possibly kidnapping or illegal detention.

Anonymous said...

Good morning Atty.
I would like to seek a quick advise on something.
My family and I received our immigrant visas and are leaving the Philippines next month po. Here are my concerns and questions at baka makaka tulong din po ito sa iba:

1. I have currently unpaid bank loans. I am a good payer kaso lang na stop nung Ocotber kase wala na po akong work. BUT I communicated with the bank about my situation and told them na I will pay as soon makapag work ako which I plan as soon we leave for Canada. The loan was thru check. Can I be hold in immogration because of this? I haven't received any letter from the bank and walang 60K ang loan ko.

2. I am annulled already with the note on the side of our marriage cert. My son who is 13 is with me and will be travelling with me. Hahanapan ba ba ako ng DSWD travel clearance? Sabi ng DSWD hindi na daw kase ako naman ang Mother, but my concern is kase sa Passport ng son ko gamit nya na family name sa dad nya at sa passport ko family name ng pagka dalaga ko. Will it cause any problem? Nag sign naman ang ex husband ko ng no objection mag travel anak namin nung hihingi ng Canadian immigration while we were filing our application.

Your advise is highly appreciated.

The Legally Inclined said...

Hi Anonymous,

1. You may check the BI if you are on the HDO/WLO list. ​If your name is not there, then there should be no cause for concern.​

2. If you cannot get the Travel Clearance, it may also be best to bring your son’s birth certificate, your marriage certificate, and the annulment order.​ You can try and get something from the DSWD stating that there is no need for such a requirement in your case, just to play safe.​

Good luck!

Joy said...

Hi Good evening Atty.,

Atty. Dito po ako sa abroad ngayon ang problema ko po ay hindi ako mkauwi dahil may warrant of arrest ako dahil may kaso akong RA 9262. Hindi na din ako nagpapadala ng pera at wala na kaming communication for more than 2 years. Lahat ng napundar ko pati bahay ibinigay ko na sa kanya dahil gusto ko ng annullment. Tanong ko lang attorney pag nabakasyon ba ako possible ba na mkabalik pa ako abroad.

WP said...

Hi Atty TLI,

Ask ko lang po kung pinapaburan ba ng RTC na mag-issue ng HDO kahit ang case is Defamation. Baka magfile kasi ang complainant ng HDO for my friend na nagwowork as OFW na may Defamation case. Malakas ang proof ng friend ko totoo ang sinabi nya against that person at kaya niyang harapin ang case. Kaya lang naawowork sya as OFW. Makakalabas pa rin ba sya? kahit irerepresent sya ng kanya lawyer if ever magprosper ang case.

Maraming salamat po.

The Legally Inclined said...

Hi Joy,
Mabuting maitanong mo muna sa BI kung may HDO laban sa yo at kung ano na ang status ng kaso mo.​ Mahirap makipagsapalarang umuwi at malaman na may kaso kang may HDO.​
Good luck!

The Legally Inclined said...

Hi WP,
Hindi po namin masasabi kung mayroong mga kaso ng HDO ang binibigyan ng pabor ng RTC.​ Pinakamabuting alamin mismo kung may ganitong utos ang hukuman. Kapag may ganitong order, maaring di siya makaalis ng bansa. ​

Anonymous said...

Hi atty.!
Ask ko lang po kung pwede po mag travel abroad ung friend ko. Nakaschedule na po kc ung pag alis nya papuntang dubai. Pero diz month po nalaman nyang dinemanda po sya nang ex gf nya. Makaka travel po kaya sya kasi wala pa naman po dumadting sakanyang subpoena. Nalaman lang po nya ung demanda sa isang friend nya. Thanks po.

Bikoy said...

Good afternoon. I was not able to attend an arraignment for bp 22 last april 3 and I found out from my parents (who attended on my behalf since I was in Cebu for work) that an arrest warrant was ordered by the judge and a recommended bail. However, when we went to the MTC today, accdng to the court clerk, there's still no order from the judge for the warrant and allowing the filing of bail. I have an upcoming international trip on Wednesday April 13. If there's still no order by then, or no arrest warrant, can Immigration at NAIA allow me to leave the country or not? Urgent reply appreciated. Thank you and more power!

Anonymous said...

Hi! May I know the citation of the supreme court decision allowing former president Gloria M. Arroyo to travel abroad despite the HDO of the Department of Justice? Thanks a lot and more power!

Anonymous said...

Hi,

May I ask how long would it take for me to apply for a certification from the DOJ for the lifting of the Look out bulletin?
I already have the dismissal order and the HDO Lifting order from the RTC.

I hope to hear from you soon.

Thank you!

The Legally Inclined said...

Hi Anonymous,
Sorry but we have no information that GMA has been allowed foreign travel.

The Legally Inclined said...

Hi anonymous,
Ang pinakamabuting gawin ninyo ay itanong sa BI kung may HDO or WLO laban sa kanya.

The Legally Inclined said...

Hi Anonymous,
Sorry, we have no idea as to how long it will take for you to get any certification.
Thanks.

Anonymous said...

Good morning po.Puwede ho bang ma-hold ang isang taong aalis kung wala naman siyang HDO O WLO pero nagk+ataong may kapareho siyang pangalan. Ang sinasabi ba nilang KAPAREHO NG PANGALAN ay pareho ng First Name, Middle Name at Last Name? Sana masagot po ninyo ang katanungan ko. Maraming salamat.

The Legally Inclined said...

Hi Bikoy,
Very sorry for the late reply. The best thing to do is check with the BI if you are on any HDO or WLO list. Good luck!

The Legally Inclined said...

Hi Anonymous,

Kung wala po sa HDO/WLO list, hindi po kayo puwedeng pagbawalan lumakbay.

Kung magkapareho po ng last name, first name at middle name, maaari pong humingi ng clearance sa kinauukulan pagkatapos mapatunayan ng ibang tao ang tinutukoy sa HDO o WLO.

Anonymous said...

Hi po atty..

May tanong lang po ako,kasi po yung friend ko aalis na po sya this month to visit her father abroad for 3months vacation,may ongoing case po sya until now. ano po kayang magandang gawin/solusyon para po makapag bakasyon sya sa ibang bansa?

Sana po masagot nyo
Maraming salamat po and more powers

Kimberlee May Tovillo said...

Hi atty.,
i just need a legal advise. Niloko kasi yung husband ko ng friend nya na currently nasa dubai ngaun..nakapagbigay kami ng 80k sa knya kapalit nun is sya ang magpprocess ng visa,tickets at accommodation..she promised na makakaalis husband ko by march pero until now hindi na sya nagpaparamdam samin..so we assumed na niloko nya kami kasi we have found out na wala pala syang work sa dubai. What kind of case can we file against her and pwede ba namin syang masampahan ng kaso sa dubai?Will appreciate your advise.Thank you.

kim

Kimberlee May Tovillo said...

Hi atty.
i just need a legal advise.Naloko kasi kami ng friend ng husband ko,nanghingi sya samin ng 80k kapalit nun is makakapunta ng dubai ang husband ko..she promised na makakaalis ang husband ko by march pero until now hindi nagpaparamdam samin yung friend nya na nasa dubai ngaun..what can we do and what kind of case can we file against her at can we file a case in dubai?Hoping for your prompt response.Thank you.

The Legally Inclined said...

Hi Anonymous,
Ang pinaka mabuting gawin ay ​tapusin ang kaso, kung maaring madesisyunan na ng hukuman o sa pamamagitan nga pakikipag-usap.
Ma-areglo man o hindi, kailangan niyang tanungin ang BI kung nasa HDO or WLO list siya​ upang di maabala sa pag-alis​.
Good Luck!

The Legally Inclined said...

Hi Kimberlee May Tovillo,

Subject to the evidence you have, ​ it would appear that you have basis to file an estafa case here ​ and request for the issuance of a
HDO against her.
Based on the facts, ​we don't see how you can file a case in Dubai unless the elements of the crime occurred there. If this is the case, you will need counsel from Dubai to assist you.

Good luck!

Anonymous said...

Hi Atty
Gusto ko po sana magtanong may posibilidad ba ma hold ang departure ko kapag mg complain ang asawa ko for financial support ? Simula dati wala ako pagkulang sa financial at siya pa ang lumayas na Hindi nagpaalam sa akin gusto siya mag demanda para ituloy ko pa raw ang financial support ,wala naman ako plano putulin kahit iniwan niya ako. Pwede po ba kasohan ulit siyA pag ma hold ang alis ko para work na wala naman siya evidensya?

Mie said...

Good day po. My husband is working abroad and he abandoned me since 2013, he blocked me in all social media that supposed our means of communication. His contract is 2 years and just 2 days ago, i knew that he is here in the Philippines because the daughter of his mistress contacted me at doon ko nalaman na may kabit pala cya at sabi pa na wag daw ipagsabi na he is now in the Phils. My question po is how to file Hold Departure Order para hindi or temporary hindi cya makaalis kasi daw aalis na ngayon 12th of August.Gusto ko lang mapanagot cya sa ginawa nya. Medyo urgent po ito at hindi ko na alam where to go. The daughter of the mistress is also asking my help to do my rights. Sana po matulongan ninyo ako.
Thank you so much po,
Mira

Anonymous said...

I had HDO on 2000 and had been lifted. Do I need a clearance to leave the country?

Anonymous said...

Hi sir/madam:

Will they send you a letter if you have a HDO or WLO?

Anonymous said...

HI,

If you're on the HDO or WLO do you usually get a letter that you are on HDO or WLO? Thanks

Anonymous said...

hello atty. i would like to ask if there are basis that i will be committed to a crime if i was involve like they broke their family because of me? let us say we do not meet actually only in messages and i tell her to stop because it will cause problem for both of us?please advice.

Anonymous said...

Good day,may itatanong lang sana ako tungkol sa hdo ko po issued last 2009 automatic po bang ma lift/cancel ng taga BI ang hdo ko since ito ay na expire na? At ang kaso ko pala ay may desisyon na Provisional dismissal last january 2016 lng. Salamat.

The Legally Inclined said...

Hi Mie,
Generally, you will need to have filed a criminal case first before you can ask for an HDO. You will need to consult with a lawyer to determine the criminal case you can file against your husband.
Good luck!

The Legally Inclined said...

Anonymous,
Just show whatever evidence you have that the HDO has been lifted.​If possible, you may wish to clear this entry with the Bureau of Immigration, to insure that your name is no longer on their lookout list.

Carlo Tapic said...

Gud day po. Ask ko lng po. May frend has a pending warrant of arrest since july 2012. Nag work po xa sa saudi until now and plan for a vacation. Ang kaso po nya ay estafa. Huhulihin po ba xa sa immigration kng may WLO po xa?..

The Legally Inclined said...

Hi Anonymous,
Maaaring wala ng bisa ang 2009 HDO ninyo pero pinakamabuting siguraduhin ito sa BI.

The Legally Inclined said...

Hi Anonymous (re query dated September 7, 2016),
It is unclear what crime you are referring to here, if it is perhaps adultery or concubinage. If you did not participate in any crime, and actually gave notice that you don't wish to be involved - then you cannot be deemed to have committed any crime.

The Legally Inclined said...

Hi Anonymous (re queries dated August 24 and 26, 2016),
It is best to inquire with the clerk of court or the BI if an HDO or WLO has been issued against you.

The Legally Inclined said...

Hi Anonymous (re query dated August 21, 2016),
Show whatever evidence you have that the HDO has been lifted. ​If necessary, please clear this entry with the Bureau of Immigration, to ensure that your name is no longer on their lookout list.

antonio mabalot said...

Hello Atty.

Tatanong ko lang po kung pwede na po ba ako akong umalis ng bansa kase po expired na yung WLO (60 Days) at may court order po ako na provisionally dismissal. ano po ang steps na gagawin ko kase baka ma hold po ulit ako sa Airport?
Kailangan parin po ba ng court order to uplift WLO kahit expired na?.

Thank you for understanding and time.

Anonymous said...

Hi legally inclined!

Thank you for all the efforts you are exerting in answering all these questions! May i ask if the rtc is the only one who can file an hdo/wlo ? I have a reckless imprudence case pending in Metropolitan trial court. Although i want to get it settled they filed an arraignment date so close to my departure date. Can i expect an hdo/wlo ? What is your opinion on this? Thanks!

Unknown guy said...

Hi Atty,
I just want to asked my ex wife filed a case against me but she did not specify the the type of ra9262 she just send a message stating that there is a case filed against me on a prosecutor office .she didn't even send me the full details ,my question is are they going to arrest me if ever i go back to the Philippines? Even they still not hearing my side ?and what I can do to depend myself even I'm here working out of the country
Appreciate your response thank you

Js said...

Gud day atty.

Ung ex wife ko po nag file ng case against me since nasa abroad ako. May warrant of arrest po ako kahit nasa abroad but my parents signed the warrants as a police ask to sign dahil kinukulit cla ng ex wife ko na dapat mag sign cla sa warrant. Pwede po ba ba ung ganun? Balak ko umuwi at magbkasyon pero d ko alam kung may HDO ako or baka may complaint na rin sa poea. Please help .

Unknown said...

Mag tatanong lang po ako yung husband may kaso po sia reckless imprudence resulting to homicide.ask ko lang po dahil yung kaso nia is motion for ARCHIEVED at bbksan nlng ult ung kaso kpag nhuli na yung isa pang sangkot sa kaso..and yung husband ko is mag mimigrate na dto ibng bansa.and kpag kmkha nmn sia ng NBI clear nmn ang lge nlbas sa REMARKS nia so ask ko lanh po kung mahohold ka yan sa kpag nag departure na sia sa naia slamat po

Devil said...

Hi atty ask ko lng po if ung kso ay tungkol sa kaso sa kotse ung di nakapagbayad po ng maayos hindi po ba nakakalabas ng bansa iyong kaso ganun po?

Devil said...

Hi atty ask ko lng ung file na kaso tungkol sa reflevin ng kotse pede ba magkaroon ng HDO?

Anonymous said...

Atty tanongl ang po, papaano po ba nalalaman na may WLO ang isang tao ? Kc po nung nag renew ako ng passport sa Los Angeles sabi nila nasa watch List po ako. However, nakaalis po ako ng pilipinas last 04/12/2016. Di ko alam kung bakit ako nasa WLO?

Salamat po

Anonymous said...

pag may hdo po ba at nasa airport ka na anong mangyayari? ihohold o idedetain ka po ba sa airport? pagkatapos po nun ano ang susunod na mangyayari? makukulong po ba? at mawala ang bisa ng pyansa? pwede po ba ulit mag pyansa? may dagdag kaso po ba? salamat po.

Anonymous said...

ang hdo po ba ay sinesend thru mail gaya ng mga subpoena?

RG said...

Kung nasa abroad ka po paano malalaman that you are under HDO/WLO? Saan at paano ang proseso nito, dahil gusto ko sanang alamin ang lagay ko bago ako umuwi...

Anonymous said...

Hi TLI,

May travel po ako this month and if nasa list po ako ng hdo kahit PO ba dismissed na ung case at ihave clearance from rtc Hindi pa rin PO ba ako makakaalis?

Thanks

The Legally Inclined said...

RG,
Paki-patanong sa BI kung mayroon kayong HDO or WLO.

The Legally Inclined said...

To Unknown with the Archived case for reckless imprudence resulting in homicide,
Mas mainam po na itanong niyo sa BI kung may HDO / WLO laban sa husband niyo.

The Legally Inclined said...

Devil,
HDOs are usually issued in criminal cases. Mukhang civil case lang po yung sa inyo.

The Legally Inclined said...

" Anonymous said...
Atty tanongl ang po, papaano po ba nalalaman na may WLO ang isang tao ? Kc po nung nag renew ako ng passport sa Los Angeles sabi nila nasa watch List po ako. However, nakaalis po ako ng pilipinas last 04/12/2016. Di ko alam kung bakit ako nasa WLO? Salamat po."

Anonymous,
Sa BI po malalaman kung may HDO o WLO laban sa isang tao. ​Mas mainam na siguraduhin ito sa tanggapan na ito.​

The Legally Inclined said...

"Anonymous said...
pag may hdo po ba at nasa airport ka na anong mangyayari? ihohold o idedetain ka po ba sa airport? pagkatapos po nun ano ang susunod na mangyayari? makukulong po ba? at mawala ang bisa ng pyansa? pwede po ba ulit mag pyansa? may dagdag kaso po ba? salamat po."

Anonymous,
Ang HDO ay Hold Departure Order. Kung wala pong Warrant of Arrest, mapipigilan lang po kayong umalis papunta sa ibang bansa.

The Legally Inclined said...

"Anonymous said...
ang hdo po ba ay sinesend thru mail gaya ng mga subpoena?"

Anonymous,
Sa aming pagkakaalam, walang patakaran na kailangang maipadala ang ganitong mga utos. Kaya't mainam na siguraduhin ito sa Bureau of Immigration.

The Legally Inclined said...

"Anonymous said...
Hi TLI, May travel po ako this month and if nasa list po ako ng hdo kahit PO ba dismissed na ung case at ihave clearance from rtc Hindi pa rin PO ba ako makakaalis? Thanks."

Anonymous,
Kung may clearance na kayo mula sa hukuman, maari na dapat kayong umalis. Kung kayo'y may pag-aalinlangan, mas mainam pong siguraduhin sa BI. Good luck!

The Legally Inclined said...

"Unknown guy said...
Hi Atty,
I just want to asked my ex wife filed a case against me but she did not specify the the type of ra9262 she just send a message stating that there is a case filed against me on a prosecutor office .she didn't even send me the full details ,my question is are they going to arrest me if ever i go back to the Philippines? Even they still not hearing my side ?and what I can do to depend myself even I'm here working out of the country.
Appreciate your response thank you."

Unknown guy,
It is best that you ask someone here to check on the status of the case and get copies of the documents already filed.​ It is conceivable that a subpoena was issued to your last known address. The preliminary investigation could have proceeded to the filing for a formal information in court. Good luck!

The Legally Inclined said...

"Anonymous said...
Hi legally inclined!
Thank you for all the efforts you are exerting in answering all these questions! May i ask if the rtc is the only one who can file an hdo/wlo ? I have a reckless imprudence case pending in Metropolitan trial court. Although i want to get it settled they filed an arraignment date so close to my departure date. Can i expect an hdo/wlo ? What is your opinion on this? Thanks!"

Anonymous,
Thank you for your kind words. Sorry for the late reply.
1. Apart from RTCs, HDOs may also be issued by the DOJ Sec in the interest of national security, public safety or public health.
2. WLOs may be issued by MTCs. Its best to inquire with the MTC re any possible WLO.
Good luck!

The Legally Inclined said...

"Js said...
Gud day atty.
Ung ex wife ko po nag file ng case against me since nasa abroad ako. May warrant of arrest po ako kahit nasa abroad but my parents signed the warrants as a police ask to sign dahil kinukulit cla ng ex wife ko na dapat mag sign cla sa warrant. Pwede po ba ba ung ganun? Balak ko umuwi at magbkasyon pero d ko alam kung may HDO ako or baka may complaint na rin sa poea. Please help ."

Js,
Pinakamabuti pong patanong niyo sa korte yung status ng kaso na isinampa laban sa inyo at kung may HDO na inilabas. Good luck!

Anonymous said...

Dear TLI,

May itatanong po ako regarding sa pagsasampa ng kaso ng economic abuse. legally married po ako may malilit pang anak. Hindi pa naman kami hiwalay pero may di pagkakaintidihan. umalis ang asawa ko pa papuntang abroad (2015), minsan nagpapadala minsan naman hindi. yong sinasabi nyang salary sa akin magkaiba po sa declared salary nya sa OWWA. gusto ko pong manghingi nga tamang suporta, pero diko alam kung paano ko sisimulan po ito... kasi hininigan ko sya nga eksaktong amount ng support. hihihingan ko sya na kopya ng kontrata nya pero di sya nagbibigay, madami syang dahilan, wala daw sya kopya.. ano po kaya ang pwede kong gawin para makakuha ng eksaktong suporta para sa mga anak ko po>

salamat po

ar-j cuenco said...

Good day po atty.

Ask kulang po if my pending warrant of arrest po sa kasong r.a 9262 but the case po almost 6 years napo nka pending kapag poba kumuha ng n.b.i clearance aarestuhin poba agad ng mga taga n.b.i kapag nkita my pending warrant po?or hit muna po lalabas??

God bless po atty

ar-j cuenco said...

Good day po atty.

Ask ku lang po if may pending warrant po sa ra 9262 pero 6 years na po nkalipas..kapag kumuha po ng n.b.i clearance maaresto poba agad agad sa nbi or mag karoon muna ng hit po??
Salamat po god bless

The Legally Inclined said...

Hi Carlo Tapic,
Kung may pending warrant of arrest, maaari siyang hulihin sa pamamagitan lamang ng warrant at hindi kinakailangang may HDO or WLO laban sa kanya. ​
Pinaka-mainam na harapin ang kaso at kung walang kasalanan ito ay mapa-dismiss.​


The Legally Inclined said...

Anonymous said...
"Hi Atty
Gusto ko po sana magtanong may posibilidad ba ma hold ang departure ko kapag mg complain ang asawa ko for financial support ? Simula dati wala ako pagkulang sa financial at siya pa ang lumayas na Hindi nagpaalam sa akin gusto siya mag demanda para ituloy ko pa raw ang financial support ,wala naman ako plano putulin kahit iniwan niya ako. Pwede po ba kasohan ulit siyA pag ma hold ang alis ko para work na wala naman siya evidensya?"

Hi Anonymous,
Maraming pwedeng mangyari kung may kasong nakasampa laban sa you. Hindi kami makakagpayo nang lubos hangga't hindi natin nalalaman kung may kaso nga o wala.
Maaring magkaroon ng HDO depende sa kasong naisampa laban sa yo. Kung walang ebidensya, sa tulong ng iyong abugado madali ninyong malalabanan ito. Kung kayang magkaroon ng kasunduan habang maaga, mas magiging mabuti para sa lahat.

puraw said...

gud eve atty. tanong ko lang po. paalis n kasi ako abroad next month at nalaman kong may pending na kasong robbery na nkafile sakin. kapag HDO o WLO makakaalis pa rin po ba ako. hindi ba ako ihohold sa airport? salamat po sa sagot. godbless

puraw said...

gud eve atty. tanong ko lng po, paalis na kasi ako next month abroad tpos nalaman kong may pending case ako na robbery. ihohold ba nila ako sa airport khit wla HDO o WLO? mkakaalis pa po ba ako?

Anonymous said...

mgtatanong lng po sana ako kng pwd ko po ba ipahold ung nireklamo ko ng rep.act #9262 economic abuse...balak po kse yta nya na tlagang takasan na kme ng anak namin

The Legally Inclined said...

Anonymous said...

"Dear TLI,
May itatanong po ako regarding sa pagsasampa ng kaso ng economic abuse. legally married po ako may malilit pang anak. Hindi pa naman kami hiwalay pero may di pagkakaintidihan. umalis ang asawa ko pa papuntang abroad (2015), minsan nagpapadala minsan naman hindi. yong sinasabi nyang salary sa akin magkaiba po sa declared salary nya sa OWWA. gusto ko pong manghingi nga tamang suporta, pero diko alam kung paano ko sisimulan po ito... kasi hininigan ko sya nga eksaktong amount ng support. hihihingan ko sya na kopya ng kontrata nya pero di sya nagbibigay, madami syang dahilan, wala daw sya kopya.. ano po kaya ang pwede kong gawin para makakuha ng eksaktong suporta para sa mga anak ko po.
salamat po"

Anonymous,
Mukhang nais niyo nang magsampa ng kaso. Pinaka-mainam po na itanong niyo sa abogado lahat ng maaari niyong gawin upang makuha niyo ang nararapat sa inyo.

The Legally Inclined said...

ar-j cuenco said...
"Good day po atty.
Ask kulang po if my pending warrant of arrest po sa kasong r.a 9262 but the case po almost 6 years napo nka pending kapag poba kumuha ng n.b.i clearance aarestuhin poba agad ng mga taga n.b.i kapag nkita my pending warrant po?or hit muna po lalabas??
God bless po atty"

Hi ar-j cuenco,
Kung natatakot po kayo tungkol sa maaring warrant laban sa inyo, pinaka-mainam po na ​i​pa​g-tanong po niyo​ gamit ang isang abugado​ sa hukuman kung may warrant pang nakalabas laban sa inyo.​ Hindi basta-bastang nawawalang bisa ang isang warrant.

The Legally Inclined said...

puraw said...
"gud eve atty. tanong ko lang po. paalis n kasi ako abroad next month at nalaman kong may pending na kasong robbery na nkafile sakin. kapag HDO o WLO makakaalis pa rin po ba ako. hindi ba ako ihohold sa airport? salamat po sa sagot. godbless"

Puraw,
Kung wala pong HDO, WLO or warrant of arrest laban sa inyo, wala po kaming alam na dahilan para di kayo maka-alis.​ Nguni't maaaring magkaroon nito habang di pa kayo nakakaalis. Mas mainam pong harapin ninyo ang kaso at huwag takasan.​


The Legally Inclined said...

Anonymous said...
"mgtatanong lng po sana ako kng pwd ko po ba ipahold ung nireklamo ko ng rep.act #9262 economic abuse...balak po kse yta nya na tlagang takasan na kme ng anak namin"

Anonymous,
Maaari po kayong humingi ng HDO sa hukuman kung ang criminal case na isinamp​a ninyo ay nasa RTC

Unknown 6 said...

Hi attt.

Ask ko lng po if pwede mag file ng case like hold departure for 9262 sa husband ko.pero naka based po kami sa ubang bansa at dito po siya nambabae

The Legally Inclined said...

Hi Unknown 6,
Nararapat pong humingi kayo ng payo mula sa abogado kung paano masasampahan ng kaso ang asawa niyo habang kayo ay nasa ibang bansa. Good luck!