Hold Departure Orders are Legal
Hold departure orders (HDO) are legal. However, NOT according to DEPARTMENT CIRCULAR NO. 41 issued JUNE 07, 2010 by the Department of Justice. The Secretary of Justice cannot anymore issue hold departure orders. For a Hold Departure Order to be legal, the following under CIRCULAR NO. 39-97 issued by the SUPREME COURT must concur:
1. ISSUED ONLY IN CRIMINAL CASES
2. CRIMINAL CASES UNDER THE JURISDICTION OF THE REGIONAL TRIAL COURTS
Circular no. 39-97 revoked Circular No. 38-94 dated 6 June 1994 and Circular No. 62-96 dated 9 September 1996.
Watchlist Orders are Illegal
The Department of Justice's power to issue watchlist orders (WLO) as well as hold departure orders (HDO) were revoked by the Supreme Court. The highest law of the land declared Department of Justice Department (DOJ) Circular No. 41, dated May 25, 2010, as unconstitutional for being violative of the right to travel which is guaranteed by the 1987 Constitution. DOJ Department Circular No. 41 was the one that gave power to the Department of Justice through its Secretary to issue watchlist orders (WLO) and hold departure orders (HDO)
What will happen to the WLOs and HDOs that were issued incongruent with CIRCULAR NO. 39-97 issued by the SUPREME COURT?
They may be lifted via a motion filed in the proper court or tribunal for being unconstitutional.
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