Watch List Order of Immigration

A case of Qualified Theft against my friend is pending PI before the Office of the public Prosecutor. An insider-friend from the Immigration office told her that her name was encoded in the Watch List Order. If my friend shall travel abroad, can she be held at the airport? If so, can we avail the petition for a Writ of Habeas Data against the Immigration office?

that's not the proper remedy. the complainant filed a request to place her under a watchlist order, and that is allowed.

the first thing to do is confirm whether she really is in the watchlist by calling BI. if she is, then there are several possible remedies, apply for an allow departure order or wait after 60 days then request for a lifting. if it is further extended, the max is 120 days total then there's no way to extend it further once lifted. if played properly, the preliminary investigation would not be over by then and she can exercise her right to travel and come back to face the case.

Atty. thank you very much for your legal advice. Meanwhile, my follow-up question is, suppose the complainant declines to have it lifted, can the BI Motu Proprio lifts the order after 60 days or upon the total of 120 days?

the complainant does not decline or agree; they will have to file for an extension, and it will be granted once, but no more than 120 days after that.

to defeat a wlo through prescription, you have to force the complainant to use up the 120 days.

may bahay, under current rules, the WLO stays effective until there is an order lifting it, even if it has gone beyond 120 days. the better thing to do is to have it lifted following the prescribed process.

but to answer your question, it is unlikely that the person will be arrested upon arrival unless it is for a very serious offense and the immigration officials are forewarned of the arrival, and there is warrant of arrest

marami pong salamat atty., ask ko lang po sana kung ano ang mga requirements sa pagfile ng request para malift ang WLO, need po ba na abugado ang magprocess nun?

ask ko na din po atty, anu po ba ang pagkakaiba ng HDO sa WLO?

if you want guidance on how it is done properly, then i recommend that you acquire legal counsel.

hdo is 5 years, wlo is 60 days

Dear Attorney,
I have a related question about Immigration Watch-list order, filling a case in the Prosecutor's level with Pending Preliminary Investigation is not enough - it needs to be raffled first before we could apply for a WLO or HDO, is this true?

what you really need is a certification that the preliminary investigation is ongoing. if the prosecutor's office refuses to issue the certification because of the lack of assignment, then i don't know what to advise aside from lobbying and friendly persuasion.

atty ask ko lang po if meron po bang pending warrant of arrest na more than 10 years na. at nakalagay po sa NBI wanted naka hold po ba un sa immigration ? hanggang kelan po naka hold? estafa po case nya at bp 22. salamat po.

what i do for my clients is to check at the BI to make sure.

hi atty...incase po na my warrant of arrest reg.sa filed case na oral defamation and icomplain ng accuser sa POEA.puede po ba or my rights po ba nag POEA na ihold ang Exit Clearance para di po makalabas ng bansa ang accused?kasi po kpag after ng vacation namin sa pinas kelangan pa namin humingi ng Exit Clearance sa POEA.thanks a lot poi.

that will depend on the discretion of the poea

@atty.LLL thank u so much po
follow up po again ilang years po ba na magiging automatically lifted yong ganitong case(oral defamation?)2years na po na nkaalis ako ng Pinas and till now di pa po ako nkakauwi..thank you again...

the case in the court will not be lifted until you face the case.

Hi Atty,

I need your legal advice. I'm a DOST scholar until 2003. I have received my final clearance from the DOST just last year. And being a DOST scholar, my name is on the BI's watch list. Before, when I travel out of the country, the BI would only require us to give them a photocopy of the letter from DOST stating that we have been cleared. But just recently, the BI are requiring us to get a lifting order from their main office in Manila in order to travel outside the country and pay a fee of Php1,000. I am currently residing/working in Cebu, so going there is such a hassle and expensive for me. What I don't understand is, when we were added on that list, they didn't require us to appear before them personally, and now after complying with DOST's requirement and getting cleared, the BI burdens us with this procedure. Is this really how it should work? Should the person listed on the watchlist go to their office personally? Shouldn't the one who had us listed be enough to tell them to have our names lifted? I'm pretty sure I'm not the only one who have this problem. Hope you could enlighten us. Thanks in advance.

what i do for my clients is to process it for them so they don't have to come to metro manila.

yes, this additional step at bi can be very irritating.

Do they allow someone else to process the papers other than the scholar himself? Do I need to have an SPA for that? Or will an authorization letter be enough?

i have to confess i don't know because i always transact with them as a my client's lawyer. inquire with the BI.

DOJ issued a WLO against last October 2010 because of a pending case. Makati prosecutor's office sent resolution last March 2011 but never gets any letter from the RTC.

Now, I am planning to leave the country in a few months time. Can i easily apply for the lifting of the WLO since its been long expired? How long does the process take? is it the BI or DOJ who lifts/approves the request?

Also, if ever the RTC has issued a warrant against me, will they disapprove my request even if the 120 days has been used up? or can DOJ issued me an HDO right then?

Thank you in advance po. God Bless!

sir, how to file watch list order for lifting?

Dear Attorney,
I have a friend abroad, and he has been visiting Philippines few times. He wanted to know if he is banned from entering the country, he intends to come here again. Her ex fiance told her that he was banned because of the fake visa they made so, she can travel abroad. How can we know if he is really banned? thank you