(Eagle News) — Regional trial courts can soon issue orders preventing a person suspected of committing a crime from leaving the Philippines.
This was after the Supreme Court, voting 11-1, ruled these courts could issue the precautionary hold departure order, which directs the Bureau of Immigration to stop any attempt to leave of an individual facing a crime where the minimum penalty prescribed by the law is at least six years and one day.
The rule takes effect within fifteen days following its publication in two newspapers of general circulation.
According to the SC, the PHDO may be applied for by a prosecutor in the same manner a search warrant is applied for.
The High Court said it may be applied before any RTC “within whose territorial jurisdiction the alleged crime was committed,” but that the regional trial courts in Manila, Quezon City, Cebu, Iloilo, Davao and Cagayan de Oro “shall ..have the authority to act on applications filed by the prosecutor based on complaints issued by the National Bureau of Investigation, regardless of where the alleged crime was committed.”
According to the SC, prior to the issuance of the PHDO, the judge “must determine probable cause upon a personal examination of witnesses under oath or affirmation..”
It added the judge, however, must also determine that there is a “high probability that the subject will depart from the Philippines to evade arrest and the prosecution of a crime against him or her.”
“The preliminary finding of probable cause is solely based on the complaint and is for the sole purpose of issuing the PHDO, and shall be without prejudice to the resolution by the prosecutor of any criminal complaint during the preliminary investigation,” the SC said.
Any PHDO “shall be valid until recalled by the court.”
Once the PHDO is issued, it may be lifted by a verified motion filed by the respondent questioning the existence of probable cause or a showing that he or she is not a flight risk.
“The PHDO may also be lifted to allow him or her to leave the country upon posting of a bond in an amount to be determined by the court,” the SC said.