Immigration 101 (Part 4) - Consolidated Rules

As I have been consistently stating in previous blog posts, the Department of Justice, through Secretary Alberto C. Agra, has issued Department of Justice Circular No. 41 s. 2010 dated 07 June 2010, or the Consolidated Rules and Regulations governing the Issuance and Implementation of Hold Departure Orders, Watchlist Orders, and Allow Departure Orders. This circular is in response to the need to review, revise and consolidate Department Circular No. 17 s. 1998 and Department Circular No. 18 s. 2007, in order to afford the public a quick bird's eye view of the rules governing the mentioned orders.

WHAT'S NEW

While there is no substantial change in the rules as far as the requirements and grounds for the issuance of HDO and WLO are concerned, there were some additions worth noting:

1. In Section 2 (a), the Secretary of Justice may issue a WLO, against the accused, irrespective of nationality, in criminal cases pending trial before the Regional Trial Courts and other lower courts.
   
2. In Section 2 (c), the Secretary of Justice is now allowed to issue a WLO against any person, either MOTU PROPRIO, or upon the request of any government agency, including commissions, task forces or similar entities created by the Office of the President, pursuant to the "Anti-Trafficking in Persons Act of 2003" (R.A. No. 9208) and/or in connection with any investigation being conducted by it, or in the interest of national security, public safety or public health.

The full text of the Department Circular is available at the Department of Justice website.

<==Click here==>

Immigration 101 (Part 3) - Allow Departure Orders

As part of the Immigration Series, there are certain orders issued by the competent authorities of the government granting those persons under HDO or WLO the liberty to travel. Next on the Immigration mini-series, Allow Departure Orders.

ALLOW DEPARTURE ORDERS

Allow Departure Orders, or ADO, are orders granted by competent authorities, allowing the person, whose departure from the country is being held by reason of a Hold Departure Order or a Watchlist Order, to leave the country for some exceptional reasons.

The issuance of ADOs are 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 6 of Department Circular No. 18 s. 2007, that in case a person subject of a Watchlist Order or a Hold Departure Order issued by the Secretary of Justice intends to leave the country for some exceptional reasons, the Secretary of Justice may allow the departure of said person, upon duly notarized application and the submission of the following requirements:

1. Duly notarized letter-request;
2. Affidavit of Undertaking stating the purpose and the inclusive period of the intended travel; and
   
3. Authority to Travel from the appropriate office or person, as the case may be ([a] investigating prosecutor where the case is pending (for those under WLO) or [b] office where the case is pending (for those under HDO).

In most cases, the ADOs contain provisions for the party allowed to comply, which may include:

1. Upon arrival at point of destination: appearing before the nearest Philippine Embassy or Consulate, upon arrival at the point of destination;
2. Upon return to the Philippines: presentation to the Department of Justice, either in writing or in person, proofs of compliance of the ADO, i.e. Immigration stamps of Departure and Arrival.

The ADO is valid only for the period stated in its face and violation of the provisions of the ADO shall merit its cancellation and non-issuance of future applications for ADO.

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.