DEC.

16, 2011 DATE

NR # 2619B
REF. NO.

Bill grants DOJ the power to issue HDO and WLO

The Secretary of Justice may soon be granted the power to issue a Hold Departure Order (HDO) against any person who has a pending case before the Department of Justice (DOJ). House Bill 5510, authored by Rep. Reynaldo Umali (2nd District, Oriental Mindoro), also grants the DOJ the right to implement Watch List Orders (WLOs) and Allow Departure Orders (ADOs). Clearly the right to travel is not absolute. This right may be restricted or impaired under the conditions set forth by the Constitution, said Umali, Vice Chairman of the House Committee on Justice. Citing the case of PASEI vs. Drilon, G.R. No. 81958, Umali said the Bill of Rights itself does not purport to be an absolute guarantee of individual rights and liberties, that even liberty itself, the greatest of all rights, is not an unrestricted license to act according to ones will. The Secretary of Justice, by virtue of his or her office, in the absence of a clear law, may exercise residual powers in furtherance of the exercise of his or her right or in the performance of his or her duty, Umali said. Umali said the Supreme Court allows the issuance of the HDO by the Regional Trial Courts (RTCs) against persons accused of criminal cases falling within its jurisdiction. However, such circular is silent with respect to cases falling within the jurisdiction of the DOJ and the lower courts, Umali said. Under the bill, the HDO shall be valid for two years unless sooner terminated while the WLO shall be valid for sixty days unless sooner terminated or extended for a nonextendible period of not more than sixty days. The bill allows the DOJ to issue an HDO against any person, either motu propio, or upon the request by the head of a department of the government, the head of a constitutional body or commission, the Chief Justice of the Supreme Court, the Senate President or the House Speaker, when the adverse party is the government or any of its agencies or instrumentalities, or in the interest of national security, public safety or public health.

DEC. 16, 2011 DATE

NR # 2619B
REF. NO.

Umali said the bill aims to strengthen existing measures, rules, regulations and procedures relative to the issuance of the HDO, WLO and approved departure order (ADO) and to also clear any cloud of doubt as to the power of the DOJ to issue such orders. The bill provides that if the case against the accused is pending trial, the application under oath of an interested party must be supported by a certified true copy of the complaint or information and a certification from the Clerk of Court concerned that the criminal case is still pending. The DOJ may issue an HDO against the alien whose presence is required either as a defendant, respondent, or witness in a civil or labor case pending litigation or any case before an administrative agency of the government the bill states. Under the bill, the lifting or cancellation of the HDO or WLO shall be implemented when the two-year validity period has already expired and when the accused has been allowed to leave the country during the pendency of the case, or has been acquitted of the charge. (30) jy