Immigration 101 (Part 2) - Watchlist Orders

In 2007, the Department of Justice saw the need to fill in the gaps of the guidelines in the issuance of Hold Departure Orders, particularly with respect to cases falling within the jurisdiction of courts below the Regional Trial Court and those pending final determination by the government's prosecution offices. Thus, Secretary Raul M. Gonzales issued Department Circular No. 18. As part of the mini-series on Immigration 101, next on the list - Watchlist Orders.

WATCHLIST ORDERS

Watchlist Orders, or WLO, are orders issued by a competent authority against a person monitored closely by the authorities, preventing the departure of an individual for a lawful cause.

In Philippine law, WLO, just like the HDO, are implemented by the Commissioner of Immigration, pursuant to the order issued by the Secretary of Justice.

The issuance of WLOs is governed by Department of Justice Circular No. 18 dated 23 April 2007. However, in the next few days, Department of Justice shall issue a new Circular consolidating the rules on the issuance of HDOs, WLOs and ADOs.

DEPARTMENT OF JUSTICE CIRCULAR NO. 18 s. 2007

Under Section 1 of Department Circular No. 18 s. 2007, the Secretary of Justice may issue a WLO, upon a duly notarized letter request of any interested person against any of the following, together with the respective supporting documents:

1. Those whose case is pending before the lower courts ([a] original or certified true copy of the complaint, and [b] certification from the Clerk of Court that the case is pending);
   
2. In cases pending preliminary investigation ([a] original or certified true copy of the complaint, and [b] certification from the National Prosecution Service stating that the case is pending preliminary investigation); or
   
3. In cases pending Petition for Review or Motion for Reconsideration before the Department of Justice ([a] original or certified true copy of the resolution, and [b] certification from the National Prosecution Service stating that the case is pending motion for reconsideration/petition for review).

All requests for for the issuance of WLO must be accompanied by a notarized application addressed to the Secretary of Justice and such other supporting documents as may be required by the circumstances.

Under Section 4, all WLOs issued under this Rules are valid for sixty (60) days from the date of its issuance, unless sooner terminated or otherwise extended for a non-extendible period of not more than sixty (60) days.

A WLO shall be lifted or cancelled (Section 3) on the following cases:

1. Upon the expiration of the validity (Sec. 4), or
   
2. Upon the termination of the preliminary investigation and/or petition for review before the Department of Justice.
   

To lift the WLO, the interested party must submit [a] duly notarized letter request; [b] original or certified true copy of the resolution; and [c] certification from the National Prosecution Service that the case has been dismissed.