Understanding No Derogatory Record and Hold Departure Orders in the Philippines

Query: What is the difference between a No Derogatory Record and a Hold Departure Order in the Philippines? Does a No Derogatory Record mean there is no Hold Departure Order?

In the context of Philippine law, understanding the distinction between a "No Derogatory Record" and a "Hold Departure Order" is crucial for individuals, especially those planning to travel abroad or involved in legal proceedings.

No Derogatory Record: This term refers to a clearance or a certification issued by authorities, usually by the Philippine National Police (PNP), indicating that the individual has no pending criminal cases or no existing criminal records within the jurisdiction of the issuing authority. This is often required for job applications, visa requests, or other similar situations where legal clearance is needed.

Hold Departure Order (HDO): This is an order issued by courts or in some cases by the Department of Justice (DOJ), prohibiting an individual from leaving the Philippines. This is usually issued when a person is involved in ongoing criminal proceedings or in cases where the individual's exit from the country might hinder the progress of a legal case.

Key Differences:

1. Purpose: A No Derogatory Record serves as a certification of an individual's clear criminal record, while a Hold Departure Order specifically restricts a person from leaving the country due to legal reasons.
2. Issuing Authority: No Derogatory Records can be issued by various law enforcement agencies depending on the scope of the search, such as local police stations or the NBI. On the other hand, a Hold Departure Order is typically issued by a court or the DOJ.
3. Implications: Having a No Derogatory Record generally implies good standing in terms of criminal history, but it does not necessarily mean that there are no other legal restrictions like a Hold Departure Order against the individual.

Misconceptions: A common misconception is that having a No Derogatory Record automatically means there are no travel restrictions against an individual. However, a Hold Departure Order can be issued regardless of whether a person has a clear criminal record, especially if there are other legal or civil proceedings that might require the individual's presence in the country.

Conclusion: It is crucial for individuals to check both their criminal record status and whether any Hold Departure Orders are issued against them, particularly if planning to travel. These checks can be done through requests to the appropriate law enforcement agencies for No Derogatory Records and through inquiries with the DOJ or relevant courts for any existing Hold Departure Orders. Understanding these distinctions helps in ensuring compliance with legal requirements and avoiding inconveniences during travel or other legal processes.