SC allows issuance of ‘precautionary’ hold departure order vs. suspects

The Supreme Court (SC) has approved a rule on the issuance of precautionary hold orders (PHDO) against suspected criminals in cases where the minimum penalty is at least six years and a day.

SC spokesperson Theodore Te made the announcement on Tuesday, months after the High Court struck down as unconstitutional the Secretary of Justice's authority to issue travel ban orders, including Hold Departure Orders.

Justice Secretary Menardo Guevarra had raised "serious law enforcement concerns" after the SC voided this power, which was provided for in a department circular order that preceded his term by eight years.

To be issued by the appropriate regional trial court (RTC) upon application by a prosecutor, the PHDO would be a court directive commanding the Bureau of Immigration to prevent any attempt by a person suspected of a crime from departing the country.

The PHDO may be applied for before a judge, who will determine upon a personal examination of witnesses under oath whether there is a "high probability" that the subject will leave the country to evade arrest and prosecution, Te's media announcement read.

"The preliminary finding of probable cause is solely based on the complaint and is for the sole purpose of issuing the PHDO and shall be without prejudice to the resolution by the prosecutor of any criminal complaint during the preliminary investigation," it said.

An application for PHDO may be filed by a prosecutor before any RTC that holds territorial jurisdiction over where the alleged crime was committed, or, for "compelling reasons," before any RTC within the judicial region if place of the commission of the crime is known.

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

Under the new rule, any PHDO is valid until recalled by the court that issued it.

It could, however, be lifted by a motion filed by the respondent in the case questioning the existence of probable cause against them or showing that they are not a flight risk, or upon posting of a bond in an amount to be determined by the court, the announcement said.

The rule takes effect 15 days after it is published in two newspapers of general circulation. — MDM/BM, GMA News