Can a person leave the Philippines if they have a pending criminal case, such as estafa or illegal recruitment?
In the Philippines, the Hold Departure Order (HDO) is a legal mechanism used to prevent individuals facing criminal charges from leaving the country. This order is typically issued by a court when a person is involved in a criminal case, especially if the nature of the crime is serious and there is a risk of flight to avoid prosecution.
What is a Hold Departure Order?
An HDO is a court order that prohibits an individual from leaving the Philippines. It is usually issued when a criminal case is filed against a person, and the court finds it necessary to ensure that the accused remains within the jurisdiction to face the charges. Commonly, HDOs are issued in cases involving serious offenses such as estafa (fraud), illegal recruitment, and other crimes that carry significant penalties.
When is an HDO Issued?
An HDO can be issued at any stage of the criminal proceedings. It may be issued during the preliminary investigation, upon the filing of the information (formal charge) in court, or even during the trial. The purpose is to prevent the accused from evading the legal process by fleeing the country.
Can a Person Leave the Country if There is a Pending HDO?
If a person has a pending HDO, they are legally barred from leaving the country. Immigration authorities are mandated to enforce the HDO, and the individual will be stopped from departing the Philippines at any port of exit.
What if the Case is Over 10 Years Old?
The age of the case does not automatically negate the HDO. If the HDO was issued and remains in effect, the individual is still prohibited from leaving the country. However, if the case has been dismissed or resolved, the accused or their legal counsel can file a motion to lift the HDO. If the court grants this motion and issues an order lifting the HDO, the individual can then travel freely.
How to Check if an HDO Exists?
A person can inquire with the Bureau of Immigration or the court where the case was filed to check if an HDO has been issued against them. It is important to note that an HDO remains in effect until officially lifted by the court.
Conclusion
In summary, an individual facing criminal charges, such as estafa or illegal recruitment, may be subject to an HDO, preventing them from leaving the country. This order remains effective until the court decides otherwise, regardless of how much time has passed since the case was filed. Legal advice should be sought to address any concerns regarding the status of an HDO and the possibility of lifting it if the case has been resolved.