HOLD DEPARTURE ORDER

i sent you a private message. during the preliminary investigation stage, you can have your counter affidavit notarized there and have it sent here. if the case reaches trial, you will have to be arrested or post bail for the case to continue.

dear administrator, my friend is asking about HOD.
how will she knows daw if she has HOD. will she receive any notice from the RTC. she has a pending case in QC and she plans to visit her mother in HK in june for 8 days only.
will the RTC sends HOD to her attorney or to her address if there is an existing HOD? thanks administrator

ian

the case filed against her is
RA 7610. but she did not receive any HOD - hold departure order. can she travel to HK on june?
please help us what to do. thanks

you can confirm at the bureau of immigration if you really want to make sure.

however, if the case was already filed in court, then the prosecution has to file a motion for the issuance of an HDO. if you're not aware of any such motion then it's unlikely that an HDO was issued against her.

puwede po bang makita online ang lists ng hold departure orders ng BOI or ng DOJ?

naka receive po ng arrest warrant yung friend ko nung time na wala na siya sa pilipinas, kapag po ba bumalik na siya sa atin after ilang years, sa airport pa lang po ba ay aarestuhin na agad siya?

best way to find out is to check with the Bureau of Immigration if he is on the watchlist. but normally, no, he will not be arrested at the airport unless the BI has been prewarned of his arrival and the warrant.

Is HDO for Bureau of Immigration only? What if there's warrant will it also affect passport application at the DFA?

AFAIK, DFA does not maintain a database for warrants and HDOs. what they have is a blacklist of aliens.

OFW po ako from KSA. I have the same problem sir with HDO, last 2007 NAIA's B.I. told me na may HDO daw sa name ko kaya I need to check with their office but then they allowed me to go. Again it was repeated last 2009, and the same happened. But during my vacation last 2008 I verified by taking my new NBI clearance that I don't have any criminal record at all, although I was involved in a criminal case before but that was for the company I was working last 2001 and that case was cleared and I already got my Court Clearance dismissing me from that case.

Can you help me in anyway I can verify if I will be having the same problem again since I will be going back there for my vacation.

Hope to hear from you Sir, moderator.

Thanks and more power for this very useful site. God Bless!

you can apply for a certification from the doj:

Section 5. Certification of Not the Same Person. - In case a person is prevented from
leaving the country because of a Watchlist or Hold-Departure Order (WLO/HDO) issued by
the Secretary of Justice and said person is not the same person whose name appears in the
WLO/HDO, the interested party may request for a certification and submit the following
documents:
i. duly notarized letter-request;
ii. affidavit of denial; and
iii. clearance from appropriate government agencies.

you can also inquire with the BI whether there is still an alert on your name.

Noted Sir!

Thanks for the big help and information regarding this matters.

To all those who cannot leave the country because of a pending HDO, here is practical solution. Bribe the immigration officials. Regrettably, this happened on an actual case. Tsk tsk.

Good day!!

Atty., just want to inquire about hold departure order. June last year 2009, may nagpadala ng demand letter sa old address namen. since hindi na kmi nakatira dun,walang nagreceive nung letter.
Then after few months, one of the person na involve sa case ang nakapagsabi saken na may hold departure order daw kaming lahat.
I am working now outside Philippines. My questions are;

1. Since it was confirmed na may hold departure order nga kami, what is the best thing to do since dapat ay hindi kami kasama sa case kasi empleyado lang naman kami and we are not involved sa transaction nila. Also, as much as I wanted to depend myself, hindi ko magawa kasi nagwowork ako abroad and hindi ko alam kung anong case no. at kung saan sya finile dahil wala akong copy nung letter na pinadala nila;
2. My passport will expire march next year and I wanted to renew my passport here. Magkakaproblema po ba ako in case na magrenew ako dito while I have pending case sa Phils. kasi need ko pang tapusin ang contract ko dito.
3. It's more than a year already from the time na nagpadala sila ng letter. Never akong sumagot kasi nga wala akong copy nung case na finile saaken. Im just worrying if makakaapekto ba yun sa case since hindi ako nakakareply sakanila.

Thank you very much. Pasensya na po kung sobrang dami kong questions kasi ngaalala lang po ako na baka bigla na lang may lumabas na warrant of arrest saken ng hindi ko nalalaman. Also, wala din po kasi akong budget to get an Attorney that's why im seeking for you help. Thank you and God bless...

Good day!!

Atty. I need your answer please...

Thanks.

how do you know for sure that there is a hold departure order issued against you? the best way is to confirm with the Bureau of Immigration.

unless the dfa decided to cancel your passport, then you should have no problem renewing it.

the only way to find out also if there is an actual case is to verify at the prosecutor's office or in the courts.

Atty., nagverify daw po kasi yung dating kasama ko sa work na kasama din sa case na finile saaken, and confirmed that he have HOD. So malamang po na ganun din ako since iisa lang ang case namen.
Dito ko na lang po nalaman pero mag 2 yrs. na po akong nagwowork abroad.
Gusto ko sanang gumawa ng affidavit to depend myself, pero hindi ko po alam ang case no. at kung saan ito finile. And also, pano po pala yun in case na gagawa ako ng affidavit eh andito ako abroad.Hindi po ako pwedeng umuwi pa kasi hindi pa tapos ang kontrata ko dito.
Sang ahensya po ako pwedeng lumapit para malaman ang status ng case.

Salamat.

at the Bureau of Immigration, they can give you a print out of the derogatory report, and it will have a reference where your case is pending. ask a friend or relative, or get a lawyer to do it.

an affidavit is useless, you will have to appear in court if it is already filed there.

Ganun po ba atty. ang problema ko po kasi hindi ako makakauwe ng pilipinas hanggat hindi ko natatapos contract ko sa trabaho ko. Wala na po bang ibang altternative para malift ung hdo saaken? Gusto ko po kasing umuwe ng pinas at the same time makalabas ulet ng ibang bansa para makapagtrabaho.

Salamat po sa pagreply...

I would like to consult some legal matters regarding the hold departure order

1. I been living and citizen of another country now for many years, until just 2 years ago, someone file a case against me for qualified theft / estafa here in the Philippines. I do not have any direct participation with the case they filing against me. Can i be asked to stay in the philippines para harapin ang kaso, or kung sakaling i have a hold departure order pag balik ko rito for a vacation, can they have me deported back.

2. Isa pa po, Can they still file a case against me even wala na ako rito for so many years and ngayon lang nila naisipang to file a case.

kate, i still recommend that you get someone to verify for you. you say hdo, but it might turn out that it's just a WLO and that has an expiration date.

without verification, it's useless to speculate. one step at a time. if you have no one to send, it may be worth it to hire a lawyer or even a personero at a travel agency who is authorized to appear at bureau of immigration to inquire.

im entering philippines there is a case on me regarding child support and the other didnt know that im coming the case file around 2008.and the complainat didnt went to the court for follow up theyre case.and the subpoena stop stop sending in my parents house.is there any cases they hol me in airport.

probably not. to be sure you can inquire at the bureau of immigration if you are in the derogatory list

Help guys...how effective is the hold departure order? Considering that a case has been filed already with the Pasig Trial Court Br. 68, for 3 counts of BP 22 and a warrant is already out. The culprit has just arrived from Taiwan last Saturday and i have info on where the culprit is...What are you going to do if you were in my place to bring this person to court? I hope you can reply soon because the person is planning to leave the country again and it will take time and costly to secure an HDO but if this HDO will really do the job then please help me how to go about it. This place is nice. God bless.

Is it true that the courts cannot issue an hdo regardless of the amount involved? If this is so, what is the remedy for those people who were used as co-borrowers who happened to signed the checks to help that person to work abroad and didn't get a single centavo from the loaned amount? Kawawa naman po ung mga taong tulad namin na di nakinabang at ang gusto ay makatulong lang. Is it just because it was stipulated that they will be liable "jointly and severally" kahit sino na ang maabutan ng nagpautang ay sila ang mananagot. What a law. I hope there is a way for those victims to get out of this mess for being a good samaritan. People help plz..thnks and God bless po.