Guevarra welcomes SC decision on precautionary hold departure orders

(Eagle News)–Justice Secretary Menardo Guevarra on Wednesday, Aug. 8, hailed the Supreme Court’s decision allowing regional trial courts to issue precautionary hold departure orders against suspects.

“I thank the SC for giving the DOJ, with the assistance of the courts, the ability to temporarily prevent the flight of persons undergoing preliminary investigation for serious offenses such as drug trading, human trafficking, large-scale estafa, and terrorism, without prejudice to the outcome of the investigation. This is a landmark development in the administration of our criminal justice system..,” he said.

He noted that with the decision, the SC “understands the predicament of the DOJ resulting from the court’s recent ruling which nullified the old department order on HDOs, WLOs, etc…”

He was apparently referring to then-Justice Secretary Leila De Lima’L order that allowed the DOJ to issue hold departure orders and watchlist orders  against suspects, but which was struck down as unconstitutional by the Supreme Court.

“(This) even as we also await the enactment of a law that will empower the DOJ to prevent the flight of suspected criminals within constitutional limits,” Guevarra said.

On Tuesday, the SC said the PHDOs could be applied for in regional trial courts, in much the same way search warrants are applied.