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hold departure order

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1 hold departure order on Fri Dec 07, 2012 8:00 pm

buwi


Arresto Menor
gud am attylll..ask ko lng po sobrang worry na po ako kinasuhan po kmi ng asawa ng x b.f ko dati ng concubinage hindi ko po alm n may asawa na xa dat time,,ngaun po dumating ung warrant nung x ko at skin hindi nakulong pa po sya at ako hindi nmn mali pa nga ung spell ng name ko pati ung address,.then umaattend nmn po ako sa hearing everytime pero wala nmn ung complainant,nakausap xa ng asawa nya sav nya wala n daw xa pakealm sa kaso at nsa probinsya na sya,now kumuha po ako ng nbi tinignan ko po kung may hit ako kaso sa 20 ko pa po mkukuha tanong ko lng po kung makikita sa nbi record kung may hdo po ako at pano ko po ba mabilis mapapadismiss ung kaso kasi po magbabakasyon po ako sa hongkong nxtyear for 2wiks...may posibilidad po ba n magkahdo po ako..salamat po at godbless...

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2 Re: hold departure order on Fri Dec 07, 2012 9:38 pm

shad_marasigan


Reclusion Perpetua
Unless there appears to be reasonable cause or the court may deem it just, only the court can order an HDO. Before you leave, just make sure you inform the court. Please note that you need the approval of the court before you leave so that your passport cannot be revoked if requested by adverse party.

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3 Re: hold departure order on Fri Dec 07, 2012 9:41 pm

shad_marasigan


Reclusion Perpetua
The court shall give you condition if ever you request to leave the country. You have to follow strictly this condition. You shall also be required to state your reason of leaving and the period or length of your absence. If it is without cause, then the court has the discretion to refuse your travel.

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4 Re: hold departure order on Fri Dec 07, 2012 10:16 pm

buwi


Arresto Menor
may posibilidad po ba na may hdo ako?worried lng po kasi ako kasi may apply po ako pa abroad,wala nmn na pong blak ituloy yung kaso ng complainant,pano ko po ba mapapabilis madissmiss ung kaso is there a chance po b na madissmiss ang kaso nxt year kung di sya lgi umaattend?

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5 Re: hold departure order on Fri Dec 07, 2012 11:24 pm

shad_marasigan


Reclusion Perpetua
There might be possibility as I have mentioned earlier, unless there is a good cause and the court deem it necessary to issue hold departure order, the judge can order it. The prosecutor can still proceed with the case. But the court will take notice of her absence. Case to case basis po yan. It might take 4-6 months before a case can be dismissed.

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6 Re: hold departure order on Fri Dec 07, 2012 11:59 pm

buwi


Arresto Menor
gnon po ba..tagal pala cguro wait ko muna madissmiss ang kaso bago ko makapagtrvel...d po ba makakarecieve ka ng letter o maghehearing muna kayo about sa hdo bago ka maissuehan ng gnon?tama po ba ko..tsaka mtc lng po kmi naghehearing eh..pd po b magissue ng hdo ang mtc?salamat po...

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7 Re: hold departure order on Sat Dec 08, 2012 12:03 am

buwi


Arresto Menor
mkikita po ba sa nbi kung may hdo ko..salamat po

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8 Re: hold departure order on Sat Dec 08, 2012 7:52 pm

shad_marasigan


Reclusion Perpetua
RTC should be the one issuing HDO according to Supreme Court circular NO. 39-97. Sa computer ng Immigration bago ka lumabas ng bansa po makikita ung HDO.

For your convenience I attached below the circular


TO: ALL JUDGES
SUBJECT: GUIDELINES IN THE ISSUANCE OF HOLD-DEPARTURE ORDERS.

In order to avoid the indiscriminate issuance of Hold-Departure Orders resulting in inconvenience to the parties affected, the same being tantamount to an infringement on the right and liberty of an individual to travel and to ensure that the Hold-Departure Orders which are issued contain complete and accurate information, the following guidelines are hereby promulgated:

1. Hold-Departure Orders shall be issued only in criminal cases within the exclusive jurisdiction of the Regional Trial Courts;

2. The Regional Trial Courts issuing the Hold-Departure Order shall furnish the Department of Foreign Affairs [DFA] and the Bureau of Immigration [BI] of the Department of Justice with a copy each of the Hold-Departure Order issued within twenty-four (24) hours from the time of issuance and through the fastest available means of transmittal;

3. The Hold-Departure Order shall contain the following information:

a. The complete name (including the middle name), the date and place of birth and the place of last residence of the person against whom a Hold-Departure Order has been issued or whose departure from the country has been enjoined;

b. The complete title and the docket number of the case in which the Hold-Departure Order was issued;
c. The specific nature of the case; and
d. The date of the Hold-Departure Order.
If available, a recent photograph of the person against whom a Hold-Departure Order has been issued or whose departure from the country has been enjoined should also be included.

4. Whenever [a] the accused has been acquitted; or [b] the case has been dismissed, the judgment of acquittal or the order of dismissal shall include therein the cancellation of the Hold-Departure Order issued. The Court concerned shall furnish the Department of Foreign Affairs and the Bureau of Immigration with a copy each of the judgment of acquittal promulgated or the order of dismissal issued within twenty-four [24] hours from the time of promulgation/issuance and likewise through the fastest available means of transmittal.
All Regional Trial Courts which have furnished the Department of Foreign Affairs with their respective lists of active Hold-Departure Orders included in the said lists and inform the government agencies concerned of the status of the Orders involved.

This Circular revokes Circular No. 38-94 dated 6 June 1994 and Circular No. 62-96 dated 9 September 1996, takes effect immediately and shall remain in force until further orders.

For strict compliance.

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9 Re: hold departure order on Sun Dec 09, 2012 10:32 am

buwi


Arresto Menor
salamat po..ngaun naliwanagan na ko...

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10 Re: hold departure order on Tue Feb 26, 2013 10:50 am

mjj14


Arresto Menor
ask ko lng po kc me hearing ako ng hdo today. nasa ibang bansa po ako maari po b ako ipadeport dahil don. please sir i need ur advice

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11 Re: hold departure order on Wed Feb 27, 2013 8:49 pm

shad_marasigan


Reclusion Perpetua
There is a lot to tell and say about your case. You need to consult a lawyer.

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12 Subpoena and Hold Departure Order on Tue Mar 05, 2013 9:00 pm

gracia_buena


Arresto Menor
Hi Atty.,

I would like to ask po sana if a subpoena for a criminal case of carnapping would suffice for an issuance of a hold departure order? I am a frequent traveller and a friend charged me of carnapping for not giving her the car that we agreed she would buy because she hasn't paid me her past due accounts po eh.

What is your advice po?

Thanks!

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13 Re: hold departure order on Sat Mar 16, 2013 1:47 pm

buwi


Arresto Menor
pag po b ang kaso hinehearing s mtc pd po bng magkaron ng hdo ang accused?alm q po kac rtc lng nagiissue ng hdo eh.tama po b q?

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14 Re: hold departure order Today at 8:38 pm

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