Rules governing Hold Departure Orders, Watchlist Orders, and Allow Departure Orders
The Department of Justice (DOJ) consolidated the contents of its various circulars and several issuances of the Supreme Court on Hold Departure Orders (HDO), Watchlist Orders (WLO), and Allow Departure Orders (ADO) in DOJ Department Circular No. 41, dated June 7, 2010.
HOLD DEPARTURE ORDER (HDO)
The Secretary of Justice may issued an HDO under any of the following instances:
Against an accused in a criminal case under the Regional Trial Court (RTC) against an accused who is pending trial or who has jumped bail and is a fugitive from justice.
Against an alien whose presence is required in a civil or labor case pending litigation, or before any quasi-judicial or administrative agency of the government
Against any person upon the request of a head of a Department of the Government, the head of a Constitutional Commission, the head of the Judiciary or either Legislative Branch of Government, or in the interest of national security, public safety, or public health.
WATCHLIST ORDER (WLO)
The Secretary of Justice may issue an WLO under any of the following instances:
Against an accused in a criminal case pending under the RTC
Against a respondent in a criminal case pending preliminary investigation, petition for review, or motion for reconsideration
Against any person upon the request of any government agencyin connection with any investigation being conducted by it, or in the interest of national security, public safety, or public health.
VALIDITY OF THE HDO OR WLO
The HDO shall be valid for five (5) years from date of its issue unless terminated sooner.The WLO is valid only for sixty (60) days. It may be terminated earlier or extended by another nonextendible period of sixty (60) days.
ALLOW DEPARTURE ORDER (ADO)
Any person who is subject to HDO or WLO who intends to leave the country may file an application under oath with the Secretary of Justice for issuance of an ADO. This requires an affidavit stating the purpose of the travel and the inclusive period. The person must also secure an authority to travel or travel clearance from the court or appropriate government office.
CLEARANCE/CERTIFICATEOF NOT THE SAME PERSON
A person who is prevented from leaving the country because his name appears to be the same as one under HDO or WLO shoul secure a certification to the effect that he is not the same person. The documentary requirements for this are an affidavit of denial, latest clearance from the NBI, and/or clearance from the court or appropriate government agency.