Dear PAO,
Can your office issue a precautionary hold departure order against my neighbor who posted malicious accusations about me online? She is an overseas Filipino worker bound to be deployed again in two months, and I want to prevent her from leaving the country until I can file a case against her.
Weng
Dear Weng,
The Supreme Court Circular a.m. 18-07-05-SC, entitled “Rule on Precautionary Hold Departure Order,” which became effective on Aug. 16, 2018, introduced the precautionary hold departure order (PHDO). It is defined as “an order in writing issued by a court commanding the Bureau of Immigration to prevent any attempt by a person suspected of a crime to depart from the Philippines, which shall be issued ex-parte in cases involving crimes where the minimum of the penalty prescribed by law is at least six (6) years and one (1) day or when the offender is a foreigner regardless of the imposable penalty.” (Section 1, a.m. No. 18-07-05-SC)
Unlike a hold departure order (HDO) which may be issued only after an information has been filed with the courts, a PHDO may be filed as soon as a criminal complaint is filed before the office of the city or provincial prosecutor to ensure that the individual subject thereof will not be able to depart from the country until the conclusion of the preliminary investigation.
Initially, the application for the issuance of PHDO shall be made upon motion by the complainant in the same criminal complaint that he or she filed before the office of the city or provincial prosecutor. Once probable cause based on the complaint and attachments has been determined, the investigating prosecutor shall thereafter file the application for a PHDO with the regional trial court within whose territorial jurisdiction the alleged crime has been committed. (Sections 2 and 3, a.m. No. 18-07-05-SC)
Note that it is only the judge before whose court the application for PHDO was filed who may issue the same, and after determination “that probable cause exists, and there is a high probability that respondent will depart from the Philippines to evade arrest and prosecution of crime against him or her.” (Section 4, a.m. No. 18-07-05-SC)
Depending on varying factors and based solely from your narration of facts, you may file a criminal complaint for violation of Republic Act 10175, otherwise known as the Cybercrime Prevention Act of 2012, against your neighbor. It is the central law which penalizes cyber libel, and imposes upon the perpetrator the penalty of prision correccional in its maximum period to prision mayor in its minimum period, which ranges from four years, two months and one day to eight years. Because the imposable penalty therefor meets the six-year-and-one-day threshold for the issuance of PHDO, an application for the same may be filed should the need for one arise.
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
