The Supreme Court has formulated a new rule aimed at preventing the flight of criminal suspects after it earlier nullified a circular of the Department of Justice intended to stop respondents from leaving the country to avoid prosecution.
In its en banc session on Tuesday, the SC voted 11-1, approving what it called the “Rule on Precautionary Hold Departure Order” [PHDO] in place of the watchlist order of DoJ under the 2010 DoJ Circular No. 41 that was voided by the tribunal earlier this year.
The PHDO is a written order issued by a court directing the Bureau of Immigration to prevent any attempt by a person suspected of a crime to depart the country.
The SC guidelines provide that such order “shall be issued ex-party in cases involving crimes where the minimum of the penalty prescribed by law is at least six years and one day.”
According to the SC, the PHDO may be applied in the same manner as a search warrant may be issued, which means there is no need for preliminary determination of probable cause in the charges against the subject.
It only requires a determination “that there is a high probability that the subject will depart from the Philippines to evade arrest and prosecution of crime against him or her.”
“The preliminary finding of probable cause is solely based on the complaint and is for the sole purpose of issuing the PHDO and shall be without prejudice to the resolution by the prosecutor of any criminal complaint during the preliminary investigation,” the SC said.
Under the new rules, a prosecutor may apply for the issuance of PHDO before any regional trial court with territorial jurisdiction over the alleged crime.
The high court also tapped the RTCs in Manila, Quezon City, Cebu City, Iloilo City, Davao City and Cagayan De Oro City to act on PHDO applications from prosecutors based on complaints instituted by the National Bureau of Investigation regardless of where the alleged crimes were committed.
“Any PHDO shall be valid until recalled by the court. Once issued, the PHDO may be lifted by a verified motion filed by the respondent questioning the existence of probable cause of a showing that she or he is not a flight risk. The PHDO may also be lifted to allow him or her to leave the country upon posting of bond in an amount to be determined by the court,” the SC explained.
The new rule on PHDO, which was issued under the rule-making power of the SC under Section 5 (5) of the 1987 Constitution, takes effect within 15 days after publication in two major national newspapers.
Last April, the high tribunal nullified the DoJ Circular No. 41 issued by former DoJ secretary and now detained Senator Leila De Lima for violation of the constitutional right to travel.
“The Court ruled that the DoJ cannot prevent anybody from leaving the country because it violates the right to travel under Article III, Section 6 of the 1987 Constitution and there is also no law granting such authority to the Secretary of Justice; only courts can do that,” said an SC lawyer, who spoke on condition of anonymity for lack of authority to speak for the Court.
The said provision in the Constitution states: “The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.”
