Dear Attorney,
I would like to seek advice regarding my legal situation. I currently have a pending estafa case in the Philippines and I am wondering if this will affect my ability to apply for work abroad. Can I still proceed with my application, or are there legal restrictions that could prevent me from leaving the country? I want to ensure that I am aware of any legal implications before taking any steps.
Sincerely,
A Concerned Applicant
Insights
In the Philippines, estafa is a criminal offense punishable under the Revised Penal Code (RPC), and it involves deceit or fraudulent acts resulting in damage to another party. If you have a pending estafa case, this could have implications on your ability to travel abroad, especially if a Hold Departure Order (HDO) has been issued against you.
A Hold Departure Order (HDO) is a legal mechanism that prevents individuals from leaving the Philippines while their criminal case is still ongoing. The court that has jurisdiction over your estafa case may issue an HDO if it deems that your departure from the country could potentially hinder the progress of the case.
There are also instances where a Lookout Bulletin Order (LBO) may be issued by the Department of Justice (DOJ). While an LBO does not entirely restrict travel, it flags the individual to alert authorities of any attempt to leave the country, potentially leading to further investigation or detention.
To determine if either an HDO or LBO has been issued in your case, it is advisable to check with the relevant authorities, particularly the court handling your case, or the Bureau of Immigration (BI). Moreover, if no such order has been issued, it may still be prudent to inform your prospective employer of your situation to ensure transparency.
It is important to consult with your legal counsel to review the specifics of your case and determine any additional requirements or conditions imposed by the court before proceeding with your plans to work abroad.
In conclusion, while it is legally possible to apply for work abroad, the presence of a pending estafa case might subject you to legal restrictions, particularly if an HDO or LBO is in place.