2003 Revised Rules of the Senate Electoral Tribunal

REVISED RULES OF THE SENATE ELECTORAL TRIBUNAL

The Senate Electoral Tribunal hereby adopts and promulgates the following rules governing its proceedings as the sole judge of all contests relating to the election, returns and qualifications of Members of the Senate, pursuant to Article VI, Section 17 of the Constitution.

TITLE AND CONSTRUCTION

Rule 1. Title and Construction.

These Rules shall be known and referred to as the "Revised Rules of the Senate Electoral Tribunal." They shall be liberally construed in order to achieve just, expeditious and inexpensive determination and disposition of every contest brought before the Tribunal. The word "Tribunal", whenever in these Rules used alone or without qualification, shall be deemed a reference to the Senate Electoral Tribunal, except when otherwise clearly required by the context of its usage.

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.

Immigration 101 (Part 1) - Hold Departure Orders

In the interest of public service and for the benefit of all Filipinos and aliens here in the Philippines, and abroad I shall be coming out with the Immigration series. First on the list, Hold Departure Orders.


HOLD DEPARTURE ORDERS

Hold Departure Orders, or HDO, is an order issued by a competent authority, preventing the departure of an individual for a lawful cause. It is intended to bind or obligate, to restrain or constrain, to keep in custody or under obligation, a person for his/her acts committed within the Philippines.

In Philippine law, HDO are implemented by the Commissioner of Immigration, pursuant to an order issued by the President, the Secretary of Justice or the Regional Trial Courts, commanding him/her to prevent the departure for abroad of Filipinos or aliens named in the order.

The issuance of HDOs are governed by Department of Justice Circular No. 17 dated 19 March 1998 in case ordered by the Secretary of Justice and Supreme Court Circular No. 39-97 dated 19 June 1997 in case ordered by the Regional Trial Court.


DEPARTMENT OF JUSTICE CIRCULAR NO. 17 s. 1998

Under Section 2(c) of Department Circular No. 17 s. 1998, the Secretary of Justice, may issue an HDO, upon notarized application of an interested party against any of the following, together with the necessary supporting documents:

1. An accused released on bail ([a] certified true copy of the Order releasing the person on bail, and [b] certification by the Clerk of Court concerning the case where bail was issued is pending);
2. A fugitive from justice ([a] certified true copy of the Information and Warrant/Order of Arrest against the fugitive, and [b] certification by the Clerk of Court concerning that the warrant of arrest was returned unserved by the peace officer);
3. An alien who is the accused in a criminal case that is pending before a court ([a] certification issued by the court concerning the pendency of the criminal case involving the alien, and [b] certified true copy of the Information filed in the case);
4. An alien who is a respondent in a deportation complaint before the Bureau for violation of immigration laws, rules and regulations, upon recommendation of the Board of Special Inquiry or of the Board of Commissioners ([a] copy of the deportation complaint);
5. An alien whose presence is required as a witness in a criminal case, or as a defendant/respondent or witness in a civil, labor or other case before a judicial, quasi-judicial or administrative body of the government ([a] certified true copy of the subpoena or summons issued to the alien, and [b] copy of the criminal information or of the complaint in the civil, labor or administrative case wherein the alien's presence is required).

All requests for for the issuance of HDO 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.

In Section 2(d), the Secretary of Justice may likewise issue an HDO, upon the request of the Head of a Department of the Government; the head of a Constitutional body or a commission or agency performing quasi-judicial functions; the Chief Justice of the Supreme Court for the Judiciary; or the President of the Senate or Speaker of the House of Representatives for the legislative body, when the adverse party is the Government or any of its agencies or instrumentalities, in the interest of national security, public safety or public health, as may be provided by law. The request shall specify the reason or ground for holding or preventing the departure of the subject individual.

An HDO issued pursuant to this Rules may be lifted, upon request of an interested party, when the case upon which a bail granted has been dismissed, or the accused, regardless of nationality, has been acquitted, or that the alien's presence has been discharged by the appropriate court. All requests for lifting must be notarized and all supporting documents must likewise be attached.


SUPREME COURT CIRCULAR NO. 39-97

The Supreme Court, through the Office of the Court Administrator, issued the said Circular in order to avoid the indiscriminate issuance of HDOs resulting in inconvenience to the affected parties. Accordingly, HDO issued by the Regional Trial Courts shall be issued in criminal cases within the exclusive jurisdiction of the concerned RTC. Hence, the RTC may only issue HDO in cases punishable by prision correccional committed within and filed before its territorial jurisdiction.


DEPARTMENT OF JUSTICE CIRCULAR NO. 38 s. 1990

The Secretary of Justice may likewise issue an HDO, upon motion of State Prosecutors, Provincial/City Prosecutors and their Assistants, in cases when an accused is charged with the following cases:

1. Violations of Presidential Decree No. 1866, codifying the laws on illegal/unlawful possession, manufacture, dealing in, acquisition or disposition of firearms, ammunitions and explosives;
2. Crimes against public order (e.g. rebellion, sedition, etc.) defined and penalized in the Revised Penal Code;
3. Violations of Republic Act No. 1700, otherwise known as the Anti-Subversion Law (Note: The Anti-Subversion Law has already been repealed by Republic Act No. 7636 in 1992);
4. Violations of the Dangerous Drugs Act of 1972, as amended, when the charge is cognizable by the Regional Trial Court (Note: The Dangerous Drugs Act was amended by Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002);
5. Violations of the Anti-Carnapping Act of 1972;
6. Violations of the Tariff and Customs Code, as penalized by Sections 3601 to 3603, inclusive, and Sections 3605 to 3610, inclusive;
7. Bank Frauds and Frauds' against Public Treasury and other crimes involving economic sabotage.

In cases where the accused has jumped bail and fled to another country, the same shall be immediately reported to the Chief State Prosecutor, who shall, with the approval of the Secretary of Justice, make appropriate representations to the Department of Foreign Affairs for the cancellation of the accused's passport and other travel documents so as to make him an undocumented alien in the host country, hence a subject for deportation.


CONCLUSION

Towards the end, the rules on the issuance of Hold Departure Orders should be carefully observed. Inasmuch as we must protect the right of a complainant for appropriate measures to redress his or her grievances, we must likewise give due deference to the right of an individual to travel. The 1987 Constitution is clear when it stated that "neither shall the right to travel be impaired except in the interest of national security, public safety, or public health." Hold Departure Orders should therefore be issued sparingly, but always judiciously, in order that the ends of justice shall be met - that is - the accused of criminal offenses will not evade prosecution and punishment by leaving abroad during the pendency of the criminal proceedings, eluding court processes; and in same vein, the complainant is prevented from making malicious and obviously harassing applications for HDOs.