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    Rule On Precautionary Hold Departure Order

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    Clio
    The document summarizes the key points of the Rule on Precautionary Hold Departure Order approved by the Supreme Court of the Philippines. The rule allows courts to issue a precautionary hold departure order (PHDO) to prevent a person suspected of a crime with a minimum 6 year penalty or a foreigner of any crime from leaving the Philippines. It outlines the process for prosecutors and courts to file for, evaluate, issue, and lift a PHDO based on determining probable cause that the individual will attempt to depart to evade prosecution. The PHDO is valid until lifted by the issuing court based on the results of a preliminary investigation.

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    Rule On Precautionary Hold Departure Order

    Uploaded by

    Clio
    1K views2 pages
    The document summarizes the key points of the Rule on Precautionary Hold Departure Order approved by the Supreme Court of the Philippines. The rule allows courts to issue a precautionary hold departure order (PHDO) to prevent a person suspected of a crime with a minimum 6 year penalty or a foreigner of any crime from leaving the Philippines. It outlines the process for prosecutors and courts to file for, evaluate, issue, and lift a PHDO based on determining probable cause that the individual will attempt to depart to evade prosecution. The PHDO is valid until lifted by the issuing court based on the results of a preliminary investigation.

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    Crim Pro

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    Rule on Precautionary Hold Departure Order

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    The document summarizes the key points of the Rule on Precautionary Hold Departure Order approved by the Supreme Court of the Philippines. The rule allows courts to issue a precautionary hold departure order (PHDO) to prevent a person suspected of a crime with a minimum 6 year penalty or a foreigner of any crime from leaving the Philippines. It outlines the process for prosecutors and courts to file for, evaluate, issue, and lift a PHDO based on determining probable cause that the individual will attempt to depart to evade prosecution. The PHDO is valid until lifted by the issuing court based on the results of a preliminary investigation.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    1K views2 pages

    Rule On Precautionary Hold Departure Order

    Uploaded by

    Clio
    The document summarizes the key points of the Rule on Precautionary Hold Departure Order approved by the Supreme Court of the Philippines. The rule allows courts to issue a precautionary hold departure order (PHDO) to prevent a person suspected of a crime with a minimum 6 year penalty or a foreigner of any crime from leaving the Philippines. It outlines the process for prosecutors and courts to file for, evaluate, issue, and lift a PHDO based on determining probable cause that the individual will attempt to depart to evade prosecution. The PHDO is valid until lifted by the issuing court based on the results of a preliminary investigation.

    Copyright:

    © All Rights Reserved
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    of 2

    RULE ON PRECAUTIONARY HOLD DEPARTURE ORDER its attachments, personal details, passport number and a

    (A.M. NO. 18-07-05-SC) photograph of the respondent, if available.

    [In a Resolution dated 7 August 2018, the Supreme Court En Section 4. Grounds for issuance. – A precautionary hold
    Banc approved the proposed Rule on Precautionary Hold departure order shall not issue except upon determination by
    Departure Order. It shall take effect within fifteen days the judge, in whose court the application is filed, that probable
    following its publication in two newspapers of general cause exists, and there is a high probability that respondent will
    circulation. Here’s the full text of the Rule on Precautionary depart from the Philippines to evade arrest and prosecution of
    Hold Departure Order (A.M. No. 18-07-05-SC).] crime against him or her. The judge shall personally examine
    under oath or affirmation, in the form of searching questions and
    Section 1. Precautionary Hold Departure Order. – is an order answers in writing, the applicant and the witnesses he or she
    in writing issued by a court commanding the Bureau of may produce on facts personally known to them and attaching
    Immigration to prevent any attempt by a person suspected of a to the record their sworn statements.
    crime to depart from ·the Philippines, which shall be issued ex-
    parte in cases involving crimes where the minimum of the If the judge finds that probable cause exists and there is a high
    penalty prescribed by law is at least six (6) years and one (I) day probability that the respondent will depart, he or she shall issue
    or when the offender is a foreigner regardless of the imposable the PHDO and direct the Bureau of Immigration to hold and
    penalty. prevent the departure of the respondent at any Philippine airport
    or ports. Otherwise, the judge shall order the dismissal of the
    Section 2. Where filed. – The application for a precautionary application.
    hold departure order may be filed by a prosecutor with any
    regional trial court within whose territorial jurisdiction the Section 5. Preliminary finding of probable cause. – Since the
    alleged crime was committed: Provided, that for compelling finding of probable cause by the judge is solely based on the
    reasons, it can be filed with any regional trial court within the complaint and is specifically issued for the purpose of issuing
    judicial region where the crime was committed if the place of the the PHDO, the same shall be without prejudice to the resolution
    commission of the crime is known; Provided, further, that the o f the prosecutor of the criminal complaint considering the
    regional trial courts in the City of Manila, Quezon City, Cebu City, complaint-affidavit, counter-affidavit, reply- affidavit, and the
    Iloilo City, Davao City, and Cagayan de Oro City shall also have evidence presented by both parties during the preliminary
    the authority to act on applications filed by the prosecutor based investigation. If the prosecutor after preliminary investigation
    on complaints instituted by the National Bureau of Investigation, dismisses the criminal complaint for lack of probable cause then
    regardless where the alleged crime was committed. the respondent may use the dismissal as a ground for the lifting
    of the PHDO with the regional trial court that issued the order. If
    Section 3. Finding of probable cause. – Upon motion by the the prosecutor finds probable cause and files the criminal
    complainant in a criminal complaint filed before the office of the information, the case with the court that issued the PHDO, on
    city or provincial prosecutor, and upon a preliminary motion of the prosecutor shall be consolidated with the court
    determination of probable cause based on the complaint and where the criminal information is filed.
    attachments, the investigating prosecutor may file an application
    in the name of the People of the Philippines for a precautionary Section 6. Form and validity of the precautionary hold
    hold order (PHDO) with the proper regional trial court. The departure order. – The precautionary hold departure order shall
    application shall be accompanied by the complaint-affidavit and indicate the name of the respondent, his or her alleged crime,
    the time and place of its commission, and the name of the
    complainant. (See Annex “A” herein). A copy of the application,
    personal details, passport number, photograph of the
    respondent, if available, shall be appended to the order. The
    order shall be valid until lifted by the issuing court as may be
    warranted by the result of the preliminary investigation.

    The court shall furnish the Bureau of Immigration with a duly


    certified copy of the hold departure order within twenty-four
    (24) hours from issuance.

    Section 7. Lifting of the Order. – The respondent may file a


    verified motion before the issuing court for the temporary lifting
    of PHDO on meritorious ground; that, based on the complaint-
    affidavit and the evidence that he or she will present, there is
    doubt that probable cause exists to issue the PHDO or it is shown
    that he or she is not a flight risk: Provided, that the respondent
    posts a bond; Provided, further, that the lifting of the PHDO is
    without prejudice to the resolution of the preliminary
    investigation against the respondent.

    Section 8. Bond. – Respondent may ask the issuing court to


    allow him or her to leave the country upon posting of a bond in
    an amount to be determined by the court subject to the
    conditions set forth in the Order granting the temporary lifting
    of the PHDO.

    Section 9. Effectivity. – This Rule shall take effect within fifteen


    (15) days following its publication in two (2) newspapers of
    general circulation in the Philippines.

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