HOLD DEPARTURE ORDER

i would like to seek any legal advice here on how many weeks till HOLD DEPARTURE ORDER be issue..
i am involved in a big scam in our company. Im not the onl one involve but the amount is too big.
The company terminated my empoyment plus he wants me to pay the total amount of 700php and higher uppon audit.
I wasnt able to raise the amount so I decided not to talk to the cimoany anymore.

Now my question is how many months or weeks beofre I will I will be having hold departure order/ If I came back from the Philippines if ever makukulong po agad ako at di na ulet makakalabas ng bansa?

did you mean 700,000? do you know if any criminal complaint was actually filed against you?

i do not recommend that you abscond to another country to escape criminal prosecution. However, you have a right to travel unless there is a legal order prohibiting it.

once they file a complaint with the prosecutor's office, they can immediately request the DOJ to place you on the immigration watchlist. the order will last 60 days. it takes about 2 weeks to process it.

you cannot be arrested unless there is a warrant of arrest issued against you. this will be issued only when the case is forwarded by the prosecutor's office to the court. if the Bureau of Immigration is informed regarding the warrant, they may arrest you upon your return.

sir what do you mean the order will last 60 days? if im in watch list i cant leave the country? what if im in the airport they will detain me?
im very sorry sorry but I am so eager to know because im leaving probbaly on july. i think they are currently on filing a cse to me and to my co employees.. we are al afraid and dont know what to do.. lahat kami mahirap lang 1 lang sa amin ang dalaga.. lahat kami me pamilya.. di namin kaya panng harapin ang problema wala kaming pera...

paano po gagawin ko kung nasa watchlist ako at nasa airport na po ako

if you are on the watchlist, they will not detain you, but you will be prevented from leaving.

the watchlist order lasts for 60 days from date of issuance.

you will have to check with DOJ or Bureau of Immigration if you are on the watchlist.

To attack a watchlist order, you either file a motion for cancellation or get an Allow Departure Order at the DOJ. Here are the rules:

watchlist order rules

kaialangan ba me kaso na bago sila makapagfile ng watchlist o kahit waa apa pwde sila makapagfile?

maraming salamata

yes, they have to file a criminal case first before they can apply for a watch list order.

how many weeks will it take on filing a criminal case and plus a watchlist order.. pls. help.

i don't know how quickly they can file a complaint. that depends on the availability of evidence and skill of their lawyer.

re the watch list order, i stated previously:

once they file a complaint with the prosecutor's office, they can immediately request the DOJ to place you on the immigration watchlist. the order will last 60 days. it takes about 2 weeks to process it.

How will I know if I am in HDO list? I am outside the philippines but does not know if the case file against me order an HDO on me....so upon me returning to philippines how would I know if I can go out again or if I had an HDO issued on me?

you or your representative can verify at the bureau of immigration

hwat if nasa HDO na so hindi na xa makalabas ng bnsa kahit kakauwi lang nya galing ibang bansa?

please don't use text spelling.

if HDO is issued against you, and the order has been forwarded to Bu. of immigration, you will be prevented from leaving at the airport.

RA 9262 was file against me on basis of non support of wife and a supuena was send to my old address in philippines but am no longer in the phils. for more than a decade, will the case would continue and will they be able to get a HDO on it.

Is there difficulty in filing any kind of criminal case like RA 9262 non support of wife against me precisely because of the problem of jurisdiction

Will a case be filed in court RA 9262 even if am no longer in the philippines for almost a decade, can it be used to request the DFA to cancel my passport so that I will be forced to come back in the philippines?

the rule on territoriality is that either the crime or some of its essential elements were committed in Philippine territory. if your acts or omissions caused violence against your wife/partner/child, then the case can prosper.

but the mere filing of a case of VAWC cannot be sufficient to cancel your passport.

have you not been giving support to your wife or child? if so, why not?

I had been supporting my wife and kids ever since we gone are separate ways, and my kids even came here on school vacation...but lately after my wife notice my increase in financial status she began to ask more money which I look at it is not rational or justifiable. She stops me from talking to my kids and treatens she already file a case of non support of wife/kids which is RA 9262. The problem here is that I think she got envy after she thought that when she left me with all the debts she had accumulated when we are still living together would make me poor. After she gave up her residency status here she ows a lot of debts in banks here and even took some of my own savings.
What is a VAWC that you mentioned?

can the mere filing of a case of VAWC be enough to issue an HDO on me?

did you ever stop sending support? i do not recommend that you ignore the case. there are ways to defend against it even if you are there, but you will need a lawyer here. if you have been constantly sending support then you should not be liable for a crime.

VAWC is RA 9262. yes, if they know how to file for watch list order, then they can get one by the mere filing of the case and it will have the same effect as an HDO but it will only last 60 days unless it is extended.

She returned the last money that I send to her stating that it is not the amount she wanted. After that I have no means of communication with the kids through her and only then I was informed by my relatives that they received a supuena and a case RA9262 was filed against me. I have no plans of returning to the philippines yet so even if they had a watchlist order on me does not bother me. My question would be can they get an HDO on me? I also plan to ignore this case and face it only if I settle back there in the philippines.

Upon me ignoring this case from the way I see it, they cannot do anything bad on me here. (am I right?) My only concern is that if and they did get an HDO I cannot come back to the philippines for a short vacation or for whatever purpose. And judging from what has happened to her she got pregnant lately from a different guy and since we are still married legally that kid is still mine.(is that a fact?) I had no plans also to file a case against her because for me being here is just a waste of time for me to do all this kind of things to her and since she is still the mother of my kids I do not want her to have problems.

it's not just about not being able to get out, if the case prospers, you may be arrested the moment you arrive at the airport if your wife is vigilant. this is a decision you may regret years from now when you will have a real desire to come back to see your children.

you may not feel the need now because you feel safe where you are. but your children will grow up hearing that their father is a criminal and a coward who is too afraid to come face justice.

you are not excused from supporting your children by your wife's refusal to accept the amount. There are ways to send support without having to course it through your wife. as a fellow father, i respectfully advise you to reconsider your decisions.

The thing is I had a job here and I like the way things are going for me now probably because of good karma and it all comes back to me. If I face the case she filed I want to go all out on her too, like filing a case of bigamy or concubinage with the proof of her newly born kid. With all these things takes time money and my presence. Just alone having to prove that the kid is not mine cost for a DNA testing which cost around 40-50K in pesos, lawyer fees etc....Which in fact if my wife is in the right state of mind all these spending can be just for the kids.....what am saying is we all are not winners here, I wont gain anything even if she goes to jail and my kids would probably blame me in the future if their mom ends up in jail. If I stay here my kids would love me in the future because I had build something for them here and if ever they can decide on their own to come to me they have all the best opportunities and the best of me I can give to them.

Can you be my lawyer, or could you represent me even if am not in the philippines? How much would it cost me.....Pwede po bang hindi ako lagi aattend ng hearing dahil andito ako.