HOLD DEPARTURE ORDER ISSUE / DEPORTED

Hi Atty,

I got this problem. Meron kasi akong naging problem 2 years ago about our company naluge sya tapos yung investor ko binabawi sakin ang share nila e wala naman na akong mabigay kasi luge na nga,alam naman nila yun. Tinakot ako so umalis ako ng bansa ngayon nagwork ako dun e minalas na deport ako kasi mahigpit na sa mga foriegner di na nagbibigay ng working visa.

Im not sure kung may HDO po ako. I never get any warrant of arrest.

So may problem is nakauwi nko ng Pinas after deported, I thought may hold departure ako dito pero di naman ako hinuli ng pag dating ko ngayon aalis ako uli paano ko malalaman kung may HDO ako?

Questions:
1)Pag may HDO po ba automatic pag dating mo sa airport galing ibang bansa ay huhulihin kana?
2)paano malalaman kung may HDO?
3)Pag na deport ba pede pa gamitin same passport papuntang other country?

Thanks
Fara

you should visit the Bureau of Immigration to check your status. Any HDO or warrant of arrest which was submitted to them will be recorded there.

your passport is still valid. if there's something not nice written there, get another one, but they may still attach the old one if there are visas you want to keep.

if you have an HDO, you will not be immediately arrested, but you will not be allowed to leave.

Hi Atty. Thank you for your prompt response.
By the way,San po ba ang Bureau of Immigration office sa Philippines? sa airport po ba ako pupunta? or Can I ask somebody to go there and check my status? Upon checking is there any possible thing will happen that complicate my status? kasi po baka mag tanong yung sa immigration ng kung ano ano then imbes na walang HDO mag karon. Sorry I just thought of that correct me if I'm wrong.

Hoping for your prompt response again. It help me a lot! Thanks.

If I were the investor, I will file a complaint for estafa against you or I can charge you civilly for breach of contract. So, review the contract or MOA that was entered between you and the investor/s. Checking with the BI for any HDO will not solve the problem. It will only give the BI a hint that you may have committed something irregular. I'm not saying that the whole thing is your fault. But you can have your peace of mind if under your agreement, you are not liable in case of bankruptcy or insolvency. I'm sure you still have in your custody all the pertinent documents, financial statements and audit reports which would back up your claims. Don't be surprised once the complaint is filed against you, if the investor/s will put in their affidavit that your flight is a sign of guilt. So confront the problem this early while your financiers are still confused on what to do with you.

@resjudicata:

Thank you for sharing your advise.. my share holder haven't send me any subpoena but they sent me Demand letters 1 year ago.They keep telling me they will post my photo on the news paper. The total share they gave me is about 50K which is I paid her 10K and I promised that I will return the share once I get money. That's the reason why I worked abroad to save money and pay all my debt. But again something bad happened to me I haven't get my working visa and I was deported.

My questions is:

1) I just received demand letter before. Do you think they can file a case against me even though I paid them 10% of the cost?
2) How will I know I have estafa case? I never receive any subpoena.
3) They told me they went to DFA before. Is the DFA can do about me?

Thank you so much for all prompt response.
I really appreciate it. Everybody can reponse to this questions.

office of the BI is at Bureau of Immigration Bldg., Magallanes Drive, Intramuros, Manila.

BI does not issue HDO on its own, and they issue record checks as a matter of due course.

now that we're discussing your concern, a lot depends on whether what you entered into was really an investment or a loan. If it was an investment and nalugi, then you can argue that that's the risk of business, unless you guaranteed money back. If it was a loan, then you just have a debt to pay back, and there's no crime committed unless you deceived the creditor to give you the funds.

Hi Atty. I established a company then when she knows she wanted to join and then she gave me 50K for 10% share. Nag file ako sa SEC to register the company name but may kaparehas na name. So tumagal ang process until sa dami ng gastos noon dahil nag start na kami unti unting naubos yung investment namin pati yung sakin na 70% share ko at di na namin na pa rigister sa SEC. Ngayon sabi nya kukunin n daw nya ang share nya ayaw na daw nya sabi ko you are aware about what happened. Nag insist parin sya so kinukulit nya ako so para matigil na sya sabi ko Ok ibabalik ko nalang. He ask me to issue check which is under our company name so pumayag nalang ako it's 50K. Pero hindi na talaga kami nakabawi nun Nag close yung bank account ng company namin. Ngayon ginugulo nya talaga ko to pay it sabi ko nalang sige babayaran ko say at sabi ko i don't have any intention na mangyari to sa totoo nga lang mas malaki pa ang naluge ko sabi nya sakin ako daw ang dapat mag balik ng money kasi ako ang may malaking share.

So now atty. 1) pwede ba nya akong kasuhan ng Estafa? since company owner then sya?
2) She sent me demand letter, next ba nun is case na?
3)Paano ko malalaman na may case ako?

I'm very confuse now and don't know what to do about this. Thanks for giving me advise.

she can certainly file a case against you. the more proper question is whether it will prosper. if you can prove that what was given was an investment, particularly if you can show the proposed articles of incorporation where she is included as stockholder or some other document, then an estafa charge will not prosper.

even if it was just a loan, then it is not a crime not to pay a debt.

you can only speculate what her next step will be, but a demand letter is normally the first step the lawyer will take.

your last known address should receive a subpoena from the prosecutor's office. you can also check at the prosecutor's office.

Hi Again Atty. Thank you for all your response I really appreciate it.

Yes I have a propose SEC and I reserve the company name at SEC but it haven't pursue to be officially register. I'm holding an agreement about the share that she gave me and amount.

Yes again I received a demand letter from him but nobody received it because I'm away of the country that time. My family never receive any demand letter.

Lastly, I never receive any subpoena from her, she just keep saying that she already informed NBI to get me because she know one of NBI and she always keep telling me that she will post my photo on the news paper.

Atty. sorry for many questions I just want to clarify everything and you really help me a lot.

1) If I have many demand letter which I haven't receive, Is it possible for them to take action and ask for HDO?

2) I paid them 10% of the amount, Is it posible for them to sue me? or file a case though I'm paying them?

3) If I don't receive any subpoena it means I don't have any case file?

4) Who are the responsible or authorize person to take action for HDO? what is the proper procedure for HDO?

Thank you so much, I hope you can still answer my questions.

once they file a complaint at the prosecutor's office, they can request the DOJ to issue a 60 day watch list order. If the case reaches the court, then they can request for issuance of an HDO.

they cannot do so on just demand letters. if you don't receive a subpoena then it is likely that no case has been filed unless they alleged a wrong address.

again, you cannot prevent them from filing a case against you. the proper question is whether the complaint will prosper. IMO, it should not if you are able to properly defend yourself. good luck.

Hi Atty. Thank you so much for responding on my query. This is my last questions and I do hope you can still respond.

1)So what if they sent the subpoena on wrong address and I never receive anything. They can still go on with the case?
2)It is possible for them not to let us know that I have subpoena?
3)Yung subpoena po ba kailangan e receive namin?
4)After demand letter what is the next?
5)What is IMO?

Yes you're right Atty. and I'm aware that I can't stop them to file a case. I just want to prepare my defense.

Again, Thank you so much Atty. This site help a lot of people.

IMO, in my opinion.

if it was sent to the wrong address, prosecutor may or may not decide to continue the case. normally they will not if the respondent is not notified, but they are authorized to continue.

if you refuse to receive the subpoena, you will be deemed to have received it. better to receive it so you have a copy.

after demand letter, next step may be to file the complaint.

Thanks a lot Atty.

ask ko lang po sana if possible pa na magissue yung DOJ ng hold departure order kahit wala pang narereceive na subpoena from court?

possible din po ba na malift yung HDO if totoong meron nga?

ano po bang difference nung 60 day watch list sa HDO?

kung ngsend po sila ng subpoena or demand letter pero hindi po ako ang ngreceive, valid po ba yun? yun po ang right address ko pero hindi na po ko dun presently nakatira.

salamat po.

DOJ can issue an HDO even if the case is still on-going?

please choose whether you want me to answer her or your private messages

hi atty, sorry po, can you just answer my private messages, salamat po.

Good day Atty,

I am a Criminology Student and it is my assignment to make some research on HDO, how long a HDO will last? is the subject person or the person accused be notified first before before filing HDO, if the accused is not notified will HDO prosper? will it be automatic that HDO is issued when your case was filed in court? Thanks Atty. and more power to you and your staff.

george: http://www.chanrobles.com/supremecourtcircular39-97.htm

http://www.doj.gov.ph/index.php?id1=5&id2=3

Good day!

Atty., just want to inquire regarding HDO.

I worked 3 years ago sa isang financial company.
They collect investment to public which is sabi nila illegal daw coz' it needs approval from BSP, which we don't have. Then afterwards, naluge yung company. I worked there as manager which I handle more on business operation. I resigned after kung magkaproblem with the management kasi they accused me of something which I didn't do.

I decide to work abroad. After few months working abroad, my mom told me that they received letter from BSP stating that they include my name in the case that they filed with the company and they will going to include all our names in HDO of BI. The case was illegal soliciting of funds from public.

I'm here outside Philippines and actually I'm planning to have my vacation. I'm worrying that if i take my vacation and I want to return to work, maybe they will not allow me to leave the country.
I need advice on what to do coz' Im just wondering why BSP include my name in the case since I'm not Incorporator and I only work there as regular staff.

Thank you in advance.

Your help is highly appreciated.

you should ask someone to inquire at the Burueau of immigration if you are on their derogatory list; only way to find out.

as you mentioned, you were a manager, so you held a position of responsibility. anyone can be included in a complaint; it will be up to you to file a counter affidavit to show you are innocent.

In case that my name is in HDO, what is the best thing to do? Because when i take my vacation I have to go back here to finish my contract.

Also, my mom received the letter more than a year ago and we didn't do any action after that. I don't know what's the status of the case coz' after they send the letter notifying me about the filed case,they didn't send any follow up letter or notification about the case. You think Atty. that the case will prosper even they only send me letter once?

Thank you for your help.

Also Atty., if in case my name was in HDO, and I want to renew my passport here abroad, you think I will encounter problem and they can trace that I have HDO in Philippines? Will they send me back to my country?

Atty., please answer me in private message.

Thank you.

Atty., what about the case? My mom received the letter more than a year ago. She ignore the first letter after receiving it. She didn't do any action after she received the letter. Also, they didn't send any update about the case after the first letter so I don't know what's the status of the case.

You think Atty. it will affect the case since we ignore the first letter?

Thank you.