Dear Attorney,

I would like to ask if it's possible to request a Hold Departure Order (HDO) for someone convicted of slight physical injury. Can the Municipal Trial Court (MTC) issue an HDO for this case? I am concerned that the individual might leave the country soon.

Sincerely,
Concerned Citizen

Insights

A Hold Departure Order (HDO) is a legal directive preventing an individual from leaving the Philippines, usually in connection with criminal cases. In the Philippines, this is typically issued to ensure that a person who is facing legal proceedings, or has been convicted of a crime, remains within the jurisdiction of the court. However, not every crime qualifies for the issuance of an HDO, and not all courts have the authority to issue one.

Issuance of HDO and Jurisdiction

The authority to issue a Hold Departure Order is primarily vested in the Regional Trial Courts (RTC). The Department of Justice (DOJ) also plays a significant role, as it can request the Bureau of Immigration (BI) to prevent an individual from leaving the country. The MTC, which handles less serious crimes and civil cases, does not typically have the authority to issue an HDO.

This is because HDOs are often associated with crimes punishable by imprisonment of more than six (6) years, or cases involving national security, public interest, or those where the court deems the accused to be a flight risk. Slight physical injury is considered a light offense under Philippine law, generally punishable by arresto menor, or imprisonment of one day to thirty days, or a fine.

In cases of light offenses such as slight physical injury, it is highly unlikely that an HDO will be issued, especially if the penalty involved is relatively minor. However, if the circumstances of the case suggest that the convicted individual is likely to evade service of sentence or has pending appeals, a higher court (such as the RTC) may still entertain a request for an HDO, though this would be rare and case-dependent.

DOJ Circular No. 41

The Department of Justice has issued DOJ Circular No. 41, which outlines the rules for issuing HDOs. According to this circular, HDOs are issued only for certain criminal cases, usually for offenses punishable by imprisonment of at least six years and one day or more. Crimes that involve economic sabotage, violation of immigration laws, or those affecting national security are given priority for HDOs.

The rationale behind this circular is to prevent individuals facing serious charges from fleeing the country and thus avoiding the consequences of their actions. Crimes with lighter penalties, such as slight physical injury, do not generally qualify under this circular, making it highly unlikely that the MTC would have the power to issue an HDO for such cases.

Hold Departure Orders in Practice

In practice, Hold Departure Orders are typically sought in cases involving heinous crimes, such as murder, human trafficking, drug trafficking, and large-scale fraud. They are also used in high-profile cases that attract public attention or involve public officials facing corruption charges.

Moreover, a Provisional HDO (PHDO) may also be issued in the early stages of criminal prosecution, but only by the Regional Trial Court and in specific instances. This provisional measure is preventive, aimed at individuals who have not yet been convicted but are accused of serious offenses that warrant closer monitoring.

Exceptions to the Rule

While the general rule is that HDOs are not issued for minor offenses, exceptions can exist. For instance:

If the individual involved is a habitual offender or has a history of fleeing the jurisdiction of the court, an HDO may be requested by the prosecution or a private complainant, albeit this would require elevating the request to a higher court.
If the individual has multiple charges, some of which may fall under more serious crimes, the higher courts could issue an HDO covering all pending cases.

However, in routine cases of slight physical injury, courts generally do not find sufficient grounds to impose an HDO, given the minimal penalty and the low risk of flight.

Conclusion

To summarize, the Municipal Trial Court (MTC) does not have the jurisdiction to issue a Hold Departure Order, especially for cases involving minor offenses like slight physical injury. HDOs are typically reserved for more serious crimes, which fall under the jurisdiction of the Regional Trial Courts (RTC) or are issued by the Department of Justice (DOJ) under specific circumstances as outlined in DOJ Circular No. 41.

If there is concern that the convicted person may attempt to evade justice, the legal remedy would be to elevate the matter to the proper court (i.e., the RTC), which may consider the issuance of an HDO, though the likelihood of success in cases involving light offenses remains low.