QuestionsQuestions (DEPARTMENT CIRCULAR NO. 17)
It cites Section 6, Article III of the 1987 Constitution: (1) liberty of abode and changing the same within limits prescribed by law cannot be impaired except upon lawful order of the court; and (2) the right to travel cannot be impaired except in the interest of national security, public safety, or public health, as may be provided by law.
An HDO is an order issued by the President, Secretary of Justice, or the proper Regional Trial Court commanding the Commissioner to prevent the departure abroad of Filipinos and/or aliens named therein by including them in the Bureau of Immigration’s Hold Departure List.
Yes. The Circular states an Immigration Officer may cause the arrest without the necessity of a warrant if the accused attempts to leave without prior written permission of the court where the case is pending.
Upon order of the Secretary attached to certification from the Clerk of Court/other officer that the accused is allowed to depart during pendency; or that the warrant/order of arrest was recalled; or that the case was dismissed.
The application must include: (1) a certification issued by the court on the pendency of the trial of the criminal case involving the alien; and (2) a certified true copy of the information filed.
Upon the Secretary’s order attached to a certified true copy of the decision acquitting the alien or of the order dismissing the case.
It must be recommended by the Board of Special Inquiry or the Board of Commissioners, and the application must be accompanied by a copy of the deportation complaint.
Upon receipt of a copy of the order of dismissal of the deportation complaint.
The application must include: (1) a certified true copy of the subpoena or summons; and (2) a copy of the criminal information or the complaint in the civil, labor, or administrative case where the alien’s presence is required.
Upon the Secretary’s order attached to a certified true copy of the dismissal/discharge order or other order allowing the alien’s departure.
It must be: (1) in writing; (2) placed under oath; and (3) signed by the interested party.
It must set forth the subject’s complete name (Christian, family, middle name/initial), aliases (if any), date and place of birth, and last place of residence; and if available, a recent photograph.