OFFICIAL GAZETTE OF THE REPUBLIC OF THE PHILIPPINES

THE OFFICIAL GAZETTE IS THE OFFICIAL JOURNAL OF THE REPUBLIC OF THE PHILIPPINES. EDITED AT THE
OFFICE OF THE PRESIDENT OF THE PHILIPPINES UNDER COMMONWEALTH ACT NO. 638

DOJ Department Circular No. 18, s. 2007

Tags: Department of Justice, departmental issuances

DEPARTMENT CIRCULAR NO. 18

PRESCRIBING RULES AND REGULATIONS GOVERNING THE ISSUANCE AND

IMPLEMENTATION OF WATCHLIST ORDERS AND FOR OTHER PURPOSES

Whereas, Circular No. 39-97 dated June 19, 1997, Circular No. 3-99 dated January 12, 1999 and Circular
No. 18-2003 dated February 20, 2003, all of the Office of the Court Administrator, Supreme Court, are
clear that “Hold-Departure Order shall be issued only in criminal cases within the exclusive jurisdiction
of the Regional Trial Courts,” but are silent with respect to those cases falling within the jurisdiction of
courts below the RTC and those pending final determination by government prosecution offices;

Whereas, there is a need to fill up the gap for cases pending final determination by government
prosecution offices;

Whereas, being the head of the principal law agency of the government mandated to, among other
things, investigate the commission of crimes, prosecute offenders, and provide immigration regulatory
services (Section 3[1], [2] & [6], Chapter I, Title III, Book IV, E.O. 292), the Secretary of Justice, apart from
the regular courts, is in the best position to institute measures to prevent any miscarriage of justice, but
at the same time, safeguard the individual’s right to travel;

Now, therefore, pursuant to the provisions of existing laws, the following rules and regulations are
hereby adopted to govern the issuance, lifting, and implementation of the Watchlist Orders without
prejudice to the issuance of the Hold-Departure Orders by the Department under Department Circular
No. 17, s. 1998.

Section 1. Watchlist Order (WLO). – A Watchlist Order (WLO) may be issued by the Secretary of Justice in
criminal cases which are pending preliminary investigation or petition for review before the Department
of Justice.

a. In cases pending preliminary investigation, the requesting party must submit the following
documents:

i. duly notarized letter request;

ii. original or certified true copy of the complaint; and

iii. certification from the National Prosecution Service stating that the case is pending preliminary
investigation.

b. In cases pending motion for reconsideration/petition for review before the Department of Justice, the
requesting party must submit the following documents:
i. duly notarized letter-request;

ii. original or certified true copy of the resolution; and

iii. certification from the National Prosecution Service stating that the case is pending motion for
reconsideration/petition for review.

To ensure the proper identification of the subject of the WLO, the application/request filed with the
Legal Staff of the Department of Justice shall likewise set forth the following information:

i. subject’s complete name, i.e., his given name, family and middle name or initial;

ii. aliases, if any;

iii. date and place of birth;

iv. last place of residence; and

v. photograph, if available.

Section 2. Notice to Person Subject of a Watchlist Order. – A copy of the WLO as implemented by the
Commissioner of Immigration upon order by the Secretary of Justice shall be sent to the person subject
of WLO, at his last known address so that he may, if he so desires, move for its lifting/cacellation setting
forth the grounds therefor.

Section 3. Lifting or Cancellation of WLO. – A WLO shall be lifted or cancelled upon the expiration of the
validity thereof under the succeeding section, or upon the termination of the preliminary investigation
and/or petition for review before the Department of Justice, as the case may be.

The requesting party must submit the following requirements:

i. duly notarized letter-request;

ii. original or certified true copy of the resolution; or

iii. certification from the National Prosecution Service that the case has been dismissed.

The order for the lifting or cancellation of the WLO shall be forwarded to the Commissioner of
Immigration for implementation, copy furnished the parties.

Section 4. Validity of WLO. – A WLO issued by the Secretary of Justice under these rules shall be valid for
sixty (60) days from the date of its issuance, unless sooner terminated or otherwise extended for non-
extendible period of not more than sixty (60) days.

Section 5. Certification of Not the Same Person. – In case a person is prevented from leaving the country
because of a Watchlist or Hold-Departure Order (WLO/HDO) issued by the Secretary of Justice and said
person is not the same person whose name appears in the WLO/HDO, the interested party may request
for a certification and submit the following documents:

i. duly notarized letter-request;

ii. affidavit of denial; and

iii. clearance from appropriate government agencies.

Section 6. Allow-Departure Order (ADO). – In case a person subject of a Watchlist/holdDeparture 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 submission of the following
documents:

i. duly notarized letter-request;

ii. affidavit of undertaking stating the purpose and the inclusive period of the intended travel; and

iii. authority to travel from the investigating prosecutor where the case is pending (for those under
WLO); or

iv. authority to travel from the appropriate office where the case is pending (for those under HDO)

Section 7. Hold-Departure Orders (HDO). – The issuance of HDOs by this Department shall be governed
by existing rules, specifically Department Circular No. 17, s.1998.

Section 8. Fees. – Pursuant to Republic Act No. 9279 and its Implementing Rules and Regulations, there
shall be collected and paid to the Cashier’s Office of this Department the following processing fees to
cover the administrative costs for services rendered by the Legal Staff, to wit:

a. Issuance/lifting or cancellation/extension of WLO/HDO – P2,500.00

b. Issuance of Allow-Departure Order – P2,500.00

c. Issuance of certification – P500.00

Section 9. Effectivity. – These Rules shall take effect immediately

April 23, 2007.

(SGD) RAUL M. GONZALEZ

SECRETARY

RESOURCES

[PDF]

DOJ Department Circular No. 18, April 23, 2007

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 REPUBLIC OF THE PHILIPPINES

All content is in the public domain unless otherwise stated.

OFFICIAL GAZETTE OF THE REPUBLIC OF THE PHILIPPINES

THE OFFICIAL GAZETTE IS THE OFFICIAL JOURNAL OF THE REPUBLIC OF THE PHILIPPINES. EDITED AT THE
OFFICE OF THE PRESIDENT OF THE PHILIPPINES UNDER COMMONWEALTH ACT NO. 638

DOJ Department Circular No. 41, s. 2010

June 7, 2010

Tags: Department of Justice, departmental issuances

Republika ng Pilipinas
KAGAWARAN NG KATARUNGAN
DEPARTMENT OF JUSTICE
Manila

DEPARTMENT CIRCULAR NO. 41

JUNE 07, 2010

CONSOLIDATED RULES AND REGULATIONS GOVERNING THE ISSUANCES AND IMPLEMENTING OF HOLD
DEPARTURE ORDERS, WATCHLIST ORDERS, AND ALLOW DEPARTURE ORDERS

WHEREAS, while several Supreme Court circulars, issued through the Office of the Court Administrator,
clearly state that “Hold Departure Order shall be issued only in criminal cases within the exclusive
jurisdiction of the Regional Trial Courts,” said circulars are, however, silent with respect to cases falling
within the jurisdiction of courts below the RTC as well as those pending determination by government
prosecution offices;

WHEREAS, apart from the courts, the Secretary of Justice as head of the principal law agency of the
government mandated to, inter alia, investigate the commission of crimes, prosecute offenders, and
provide immigration regulatory services, is in the best position to institute measures to prevent any
miscarriage of justice, without, however, sacrificing the individual’s right to travel;

WHEREAS, the Department of Justice, therefore, issued Circular No. 17 on March 19, 1998 and Circular
No. 18 on April 23, 2007 to respectively govern the issuance and implementation of Hold Departure
Orders (HDOs), Watchlist Orders (WLOs), and Allow Departure Orders (ADOs), among others;

WHEREAS, in view of the problems that cropped up both in the issuance and implementation of said
Orders, there is a need to review, revise and consolidate the two department issuances to ensure their
effective implementation.
NOW, THEREFORE, pursuant to the provisions of existing laws, the following consolidated rules are
hereby adopted:

Section 1. Hold Departure Order. – The Secretary of Justice may issue an HDO, under any of the
following instances:

(a) Against the accused, irrespective of nationality, in criminal cases falling within the jurisdiction of
courts below the Regional Trial Courts (RTCs).

If the case against the accused is pending trial, the application under oath of an

interested party must be supported by (a) a certified true copy of the complaint or information and (b) a
Certification from the Clerk of Court concerned that criminal case is still pending.

(b) Against the alien whose presence is required either as a defendant, respondent, or witness in a civil
or labor case pending litigation, or any case before an administrative agency of the government.

The application under oath of an interested party must be supported by (a) a certified true copy of the
subpoena or summons issued against the alien and (b) a certified true copy complaint in civil, labor or
administrative case where the presence of the alien is required.

(c) The Secretary of Justice may likewise issue an HDO against any person, either motu proprio, or upon
the request by the Head of a Department of the Government; the head of a constitutional body or
commission; the Chief Justice of the Supreme Court for the Judiciary; the Senate President or the House
Speaker for the Legislature, when the adverse party is the Government or any of its agencies or
instrumentalities, or in the interest of national security, public safety or public health.

Section 2. Watchlist Order. – The Secretary of Justice may issue a WLO, under any of the following
instances:

(a) Against the accused, irrespective of nationality, in criminal cases pending trial before the Regional
Trial Court.

The application under oath of an interested party must be supported by (a) certified true copy of an
Information filed with the court, (b) a certified true copy of the Prosecutor’s Resolution; and (c) a
Certification from the Clerk of Court concerned that criminal case is still pending.

(b) Against the respondent, irrespective of nationality, in criminal cases pending preliminary
investigation, petition for review, or motion for reconsideration before the Department of Justice or any
of its provincial or city prosecution offices.

The application under oath of an interested party must be supported by (a) certified true copy of the
complaint filed, and (b) a Certification from the appropriate prosecution office concerned that the case
is pending preliminary investigation, petition for review, or motion for reconsideration, as the case may
be.

(c) The Secretary of Justice may likewise 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.

Section 3. Completeness of Information. – To ensure the proper identification of the subject of the
HDO/WLO and to avoid inconvenience to any innocent party, all applications or requests, including the
HDO/WLO to be issued, shall contain the following information of the subject:

a. Complete name, i.e. given name, middle name or initial and surname;

b. Alias/es, if any;

c. Date and place of birth;

d. Place of last residence;

e. Passport details, if available;

f. Recent photograph, if available;

g. Complete title and docket number of the case; and

h. Specific nature of the case.

Section 4. HDO/WLO Validity. – The validity period of any HDO/WLO issued pursuant to this Circular
shall be reckoned from the date of its issuance. The HDO shall valid for five (5) years unless sooner
terminated. On the other hand, the WLO shall be valid for sixty (60) days unless sooner terminated or
extended, for a non-extendible period of not more than sixty (60) days.

Section 5. HDO/WLO Lifting or Cancellation. – In the lifting or cancellation of the HDO/WLO issued
pursuant to this Circular, the following rules shall apply:

(a) The HDO may be lifted or cancelled under any of the following grounds:

1. When the validity period of the HDO as provided for in the preceding section has already expired;

2. When the accused subject of the HDO has been allowed to leave the country during the pendency of
the case, or has been acquitted of the charge, or the case in which the warrant/order of arrest was
issued has been dismissed or the warrant/order of arrest has been recalled;

3. When the civil or labor case or case before an administrative agency of the government wherein the
presence of the alien subject of the HDO/WLO has been dismissed by the court or by appropriate
government agency, or the alien has been discharged as a witness therein, or the alien has been allowed
to leave the country;

(b) The WLO may be lifted or cancelled under any of the following grounds:

1. When the validity period of the WLO as provided for in the preceding section has already expired;

2. When the accused subject of the WLO has been allowed by the court to leave the country during the
pendency of the case, or has been acquitted of the charge; and

3. When the preliminary investigation is terminated, or when the petition for review, or motion for
reconsideration has been denied and/or dismissed.
(c) All applications for lifting/cancellation of HDOs/WLOs must be under oath and accompanied by
certified true copies of the documentary evidence in support of the ground relied upon.

(d) Any HDO/WLO issued by the Secretary of Justice either motu proprio or upon request of government
functionaries/offices mentioned in Sections 1 and 2, when the adverse party is the Government or any
of its agencies or instrumentalities, or in the interest of national security, public safety or public health,
may be lifted or recalled anytime if the application is favorably indorsed by the government
functionaries/offices who requested the issuance of the aforesaid HDO/WLO.

Section 6. Implementation of HDO/WLO/ADO Issuance and Lifting/Cancellation. – All Orders issued

pursuant to this Circular shall be immediately transmitted to the Commissioner of Immigration for
implementation, copy furnished the person/s subject thereof, to give the latter adequate opportunity to
content the Order or request consideration thereof.

Section 7. Allow Departure Order (ADO). – Any person subject of HDO/WLO issued pursuant to this
Circular who intends, for some exceptional reasons, to leave the country may, upon application under
oath with the Secretary of Justice, be issued an ADO.

The ADO may be issued upon submission of the following requirements:

a. Affidavit stating clearly the purpose, inclusive period of the intended travel, and containing an
undertaking to immediately report to the DOJ upon return; and

b. Authority to travel or travel clearance from the court or appropriate government office where the
case upon which the issued HDO/WLO was based is pending, or from the investigating prosecutor in
charge of the subject case.

Section 8. Issuance of Clearance/Certification of Not the Same Person. – Any person who is prevented
from leaving the country because his name appears to be the same as the one that appears in the
HDO/WLO issued pursuant to this Circular may, upon application under oath, be issued a Certification to
the effect that said person is not the same person whose name appears in the issued HDO/WLO.

The Certification may be issued upon submission of the following requirements:

a. Affidavit of Denial;

b. Photocopy of the page of the passport bearing the personal details;

c. Latest clearance from the National Bureau of Investigation (NBI); and

d. Clearance from the court or appropriate government agency, whenever applicable.

Section 9. Processing Fees. – Pursuant to the provisions of Republic Act No. 9279 and its Implementing
Rules and Regulations, there shall be collected and paid to the Cashier’s Office of this Department the
following fees to cover the administrative costs for services rendered by the Legal Staff, to wit:

Issuance/Lifting or Cancellation/Extension of HDO/WLO

– P2,500.00

Issuance of Allow Departure Order

– P2,500.00
Issuance of Clearance/Certification of Not the Same Person
– P500.00

Section 10. Repealing Clause. – All rules and regulations, particularly those contained in Circular No. 17
dated March 19, 1998 and Circular No. 18 dated April 23, 2007, as well as all instructions, issuances or
orders or parts thereof inconsistent with the Rules provided herein, are hereby superseded and/or
repealed accordingly.

Section 11. Effectivity. – These rules shall take effect immediately.

May 25, 2010.

ALBERTO C. AGRA
Acting Secretary

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