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.
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Supreme Court Circular No. 39-97 Governing Hold Departure Orders

  • The Supreme Court issued Circular No. 39-97 on June 19, 1997, to regulate Hold Departure Orders (HDOs) issued by Regional Trial Courts (RTCs).
  • The Circular sets mandatory requirements that must be present in every RTC-issued HDO.

Mandatory Contents of RTC-Issued Hold Departure Orders

  • The HDO must include the following information:
    1. Complete name of the person affected, including middle name.
    2. The date of birth of the person.
    3. The place of last residence of the person.
    4. The complete title and docket number of the judicial case related to the HDO.
    5. A clear specification of the nature of the case.
    6. The date the HDO was issued.
  • Where available, a recent photograph of the person subject to the HDO should also be attached.

Implementation and Enforcement Guidelines

  • The Bureau of Immigration shall not implement any HDO that fails to comply with the strict requirements of Supreme Court Circular No. 39-97.
  • Compliance with these requirements respects the constitutional right to travel while balancing law enforcement interests.

Effectivity and Legal Authority

  • The guidelines were adopted through a Bureau of Immigration Memorandum Order (No. ADD-03-004) dated February 17, 2003.
  • The order took effect immediately upon adoption.
  • The issuance and enforcement rest on the authority of the Bureau Commissioner, Andrea D. Domingo.

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