Title
Guidelines for Hold Departure Orders
Law
Bi Memorandum Order No. Add-03-004
Decision Date
Feb 17, 2003
The Bureau of Immigration mandates strict adherence to Supreme Court Circular No. 39-97 for the issuance of Hold Departure Orders, ensuring that such orders include specific personal and case details to protect the right to travel.

Questions (BI MEMORANDUM ORDER NO. ADD-03-004)

It recognized that the right to travel is not absolute and must yield to the State’s inherent police power.

To provide guidelines for the implementation of Hold Departure Orders (HDO) and to require compliance with Supreme Court Circular No. 39-97.

Because proper identification is required for the HDO; it supports due process and minimizes mistakes in implementing travel restrictions.

The HDO must state the specific nature of the case.

No. It is only included “if available,” as stated in the circular.

The inherent police power of the State, as acknowledged by the Supreme Court in Kant Kwong vs. PCGG.

By requiring strict compliance with the content requirements of SC Circular No. 39-97 before BI implements an RTC HDO.

“In deference to the right to travel, therefore, any RTC issued HDO that does not comply… shall not be implemented by this Bureau.”

Immediately upon adoption/effectivity—stated as “This Order shall take effect immediately.”


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