Grounds for issuing Hold Departure Orders

Grounds for issuing Hold Departure Orders "Good morning! I am an OFW here in Hong Kong for almost three (3) years now. I am bothered by the letter that I received from my ex-girlfriend stating that she has filed a Hold Departure Order against me. The only reason that I can attribute to her act is that I have not yet returned the money I borrowed from her family when we were still together. I was supposed to go home to the Philippines last year but I am afraid that when I get there I cannot get back to Hong Kong any­more. I need your help, Attorney. I want to know the grounds for the issuance of a Hold Departure Order. Thank you so much. SelwynDear Selwyn, Circular 39-97 (Subject: Guidelines In The Issuance Of Hold-Departure Orders) dated June 19, 1997 which was issued by the then Hon. Alfredo L. Benipayo, Court Administrator, Office of the Court Administrator, Supreme Court, clearly provides that Hold-Departure Orders (HDOs) shall be issued only in criminal cases within the exclusive jurisdiction of the Regional Trial Courts. Pertinent portions of the said Circular read as follows:“In order to avoid the indiscriminate issuance of Hold-Departure Orders resulting in inconvenience to the parties affected, the same being tantamount to an infringement on the right and liberty of an individual to travel and to ensure that the Hold-Departure Orders which are issued contain complete and accurate information, the following guidelines are hereby promulgated: 1. Hold-Departure Orders shall be issued only in criminal cases within the exclusive jurisdiction of the Regional Trial Courtsx x x.” Nevertheless, the Department of Justice through then Acting Secretary Alberto Agra issued Department Circular 41 dated June 07, 2010 considering therein the fact that circulars issued by the Supreme Court on HDOs are silent with respect to cases falling within the jurisdiction of courts below the regional trial court as well as those pending determination by government prosecution offices. Thus, under Section 1 of Department Circular 41, the Secretary of Justice is bestowed with authority to issue HDO. Section 1 provides, to wit:“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.(b) 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 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. (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.”The foregoing are only the instances where an HDO may be issued against a person.We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao and send to 2299)." - https://www.affordablecebu.com/