Query: What is the difference between a No Derogatory Record and a Hold Departure Order in the Philippines, and does having a No Derogatory Record mean that there is also no Hold Departure Order?
In the Philippine legal context, the terms "No Derogatory Record" and "Hold Departure Order" refer to distinct legal statuses that may affect an individual, particularly in contexts involving travel or legal proceedings.
No Derogatory Record typically signifies that an individual does not have any outstanding criminal records or ongoing criminal cases in the databases checked by the issuing authority, such as the Philippine National Police (PNP) or the National Bureau of Investigation (NBI). This status is often required for various purposes, such as employment background checks, visa applications, or other official verifications of a person's legal standing.
Hold Departure Order (HDO), on the other hand, is a directive issued by a court or, in some cases, by the Commissioner of the Bureau of Immigration at the request of a government agency, directing the Bureau of Immigration to prevent an individual from leaving the Philippines. This order is generally issued in relation to ongoing criminal proceedings or when the individual's departure might impede an ongoing investigation or trial.
Key Points of Difference:
- Purpose: A No Derogatory Record is a clearance, while a Hold Departure Order is a restrictive measure.
- Issuance: No Derogatory Record can be issued by various law enforcement agencies as a result of a background check. In contrast, a Hold Departure Order is issued by courts or the Department of Justice to specifically prevent someone from traveling abroad.
- Implications: Having a No Derogatory Record does not necessarily mean that there is no Hold Departure Order against an individual. These are issued under different circumstances and serve different purposes.
Common Misunderstandings: It is a common misconception that a No Derogatory Record implies free liberty to travel abroad without any restrictions. However, a Hold Departure Order can be in place even if a person has a clean criminal record. Therefore, individuals are advised to separately verify whether any Hold Departure Orders are in effect against them, especially before planning any travel out of the country.
Conclusion: Individuals should ensure they understand the distinctions between these terms and check their status under both categories if they are involved in or anticipate legal proceedings, or if they plan to travel abroad. This can prevent unexpected legal complications and ensure compliance with Philippine laws and regulations.