MANILA, Philippines—A Senate bill giving judges of regional trial courts the sole authority to issue a hold departure order (HDO) against suspects in criminal cases was filed by Sen. Miriam Santiago, a former immigration commissioner.
Once approved, Senate Bill No. 3069 would nullify the controversial Circular Order No. 41 of the Department of Justice and revoke the secretary’s authority to issue HDOs against persons under investigation for alleged crimes.
“DOJ Circular No. 41, which allows the Secretary of Justice to motu proprio restrict a person’s constitutional right to travel upon the filing of a criminal complaint, opens the doors for political harassment and oppression,” Santiago explained.
“At the same time, we cannot allow an accused to simply flout the rule of law and evade prosecution by the simple expedient of flying to another country once charges are brought against him or her,” she added.
Santiago noted that courts already possess the inherent power to issue HDOs.
Under the proposed bill, an HDO cannot be granted without hearing and prior notice to the person subject of the HDO.
Exception
“The only exception is when the person is a flight risk and such flight may result either in a miscarriage of justice, or prejudice against national security, public safety, or public health,” she said.
In such cases, the court can issue a temporary HDO effective for 30 days against the person sought to be held. Within the 30-day period, the court shall require this person to explain why a permanent HDO should not be granted.
In case the temporary HDO is not resolved within the said period, it will be automatically lifted.