Philippines - The Supreme Court Issues Rule On Precautionary Hold Departure Order.

Legal News & Analysis - Asia Pacific - Philippines - Dispute Resolution - Regulatory & Compliance

26 October, 2018

 

Recent developments

 

The Supreme Court has recently issued A.M. No. 18-07-05-SC or the "Rule on Precautionary Hold Departure Order" ("PHDO Rules"). 

 

What the PHDO Rules say

 

A PHDO will prevent a person suspected of a crime from departing the country. Upon motion by the complainant, during the pendency of a preliminary investigation for a criminal complaint, a prosecutor may apply for a PHDO with the proper Regional Trial Court ("RTC"), when (a) there is high probability that the subject will depart from the Philippines to evade arrest and prosecution; (b) there is a preliminary finding by the RTC Judge of probable cause; and (c) the crime is punishable with imprisonment of at least 6 years and 1 day. The PHDO may be issued without notice and hearing (ex-parte).

 

The respondent may file a verified motion for temporary lifting of the PHDO before the RTC which issued the PHDO upon the following grounds: (a) there is doubt that probable cause exists based on the complaint-affidavit and the evidence that he will present; and (b) he is not a flight risk. The respondent may also ask the issuing court to allow him to leave the country upon his posting of a bond.

 

Actions to consider / Conclusion

 

Under the previous rules, a criminal case should first be filed in court before a Hold Departure Order may be issued (to prevent an accused from leaving the country). Under the new PHDO Rule, a respondent in a preliminary investigation may already be prevented from leaving the country pursuant to a PHDO.

 

Baker McKenzie

 

For further information, please contact: 

 

Miguel Antonio H. Galvez, Partner, Quisumbing Torres

miguel.galvez@quisumbingtorres.com