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.
hold departure
order
right to
A

Q&A (BI MEMORANDUM ORDER NO. ADD-03-004)

A Hold Departure Order (HDO) is a legal order issued by the Regional Trial Courts to enjoin or prohibit a person from departing the country, implemented under certain court cases and conditions as governed by SC Circular No. 39-97.

The HDO must specify the exact nature of the case for which it was issued.

Including a recent photograph of the person against whom the HDO is issued is recommended if available, but it is not strictly mandatory.

The order mandates that any RTC-issued HDOs not complying with SC Circular No. 39-97 shall not be implemented by the Bureau of Immigration starting immediately upon effectivity.

No, the Supreme Court recognizes that the right to travel is not absolute and may be limited by the state's police power for legitimate reasons such as pending legal cases.

The Supreme Court case Kant Kwong, et al. vs. PCGG, G.R. No. 794384, dated 7 December 1987 recognized this principle.


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