Amendment to R.A. No.
9344 (Juvenile Justice and Welfare Act of 2006), the Supreme Court rule on commitment of children: Provided,
Republic Act No. 10630, [October 3, 2013])
SECTION 3. Section 6 of Republic Act No. 9344 is hereby amended to
read as follows:
"SEC. 6. Minimum Age of Criminal
Responsibility. — A child fifteen (15) years of age or under
at the time of the commission of the offense shall be
exempt from criminal liability. However, the child shall be
subjected to an intervention program pursuant to Section
20 of this Act.
"A child is deemed to be fifteen (15) years of age
on the day of the fifteenth anniversary of his/her birthdate.
"A child above fifteen (15) years but below
eighteen (18) years of age shall likewise be exempt from
criminal liability and be subjected to an intervention
program, unless he/she has acted with discernment, in
which case, such child shall be subjected to the
appropriate proceedings in accordance with this Act.
"The exemption from criminal liability herein
established does not include exemption from civil liability,
which shall be enforced in accordance with existing laws."
SECTION 6. Section 20 of Republic Act No. 9344 is hereby amended to
read as follows:
"SEC. 20. Children Below the Age of Criminal Responsibility. —
If it has been determined that the child taken into custody is
fifteen (15) years old or below, the authority which will have
an initial contact with the child, in consultation with the local
social welfare and development officer, has the duty to
immediately release the child to the custody of his/her
parents or guardian, or in the absence thereof, the child's
nearest relative. The child shall be subjected to a community-
based intervention program supervised by the local social
welfare and development officer, unless the best interest of
the child requires the referral of the child to a youth care
facility or 'Bahay Pag-asa' managed by LGUs or licensed
and/or accredited NGOs monitored by the DSWD. TEcHCA
"The local social welfare and development officer shall
determine the appropriate programs for the child who has
been released, in consultation with the child and the person
having custody over the child. If the parents, guardians or
nearest relatives cannot be located, or if they refuse to take
custody, the child may be released to any of the following:
"(a) A duly registered nongovernmental or religious
organization;
"(b) A barangay official or a member of the Barangay Council for
the Protection of Children (BCPC);
"(c)A local social welfare and development officer; or, when and
where appropriate, the DSWD.
"If the child has been found by the local social welfare and
development officer to be dependent, abandoned, neglected
or abused by his/her parents and the best interest of the child
requires that he/she be placed in a youth care facility or
'Bahay Pag-asa', the child's parents or guardians shall execute
a written authorization for the voluntary commitment of the
child: Provided, That if the child has no parents or guardians
or if they refuse or fail to execute the written authorization
for voluntary commitment, the proper petition for involuntary
commitment shall be immediately filed by the DSWD or the
Local Social Welfare and Development Office (LSWDO)
pursuant to Presidential Decree No. 603, as amended,
otherwise known as 'The Child and Youth Welfare Code' and
further, That the minimum age for children committed to a
youth care facility or 'Bahay Pag-asa' shall be twelve (12) years
old."
"SEC. 20-A. Serious Crimes Committed by Children Who are
Exempt from Criminal Responsibility. — A child who is above
twelve (12) years of age up to fifteen (15) years of age and
who commits parricide, murder, infanticide, kidnapping and
serious illegal detention where the victim is killed or raped,
robbery with homicide or rape, destructive arson, rape, or
carnapping where the driver or occupant is killed or raped or
offenses under Republic Act No. 9165 (Comprehensive
Dangerous Drugs Act of 2002) punishable by more than
twelve (12) years of imprisonment, shall be deemed a
neglected child under Presidential Decree No. 603, as
amended, and shall be mandatorily placed in a special facility
within the youth care facility or 'Bahay Pag-asa' called the
Intensive Juvenile Intervention and Support Center (IJISC).
"In accordance with existing laws, rules, procedures and
guidelines, the proper petition for involuntary commitment
and placement under the IJISC shall be filed by the local social
welfare and development officer of the LGU where the
offense was committed, or by the DSWD social worker in the
local social welfare and development officer's absence, within
twenty-four (24) hours from the time of the receipt of a
report on the alleged commission of said child. The court,
where the petition for involuntary commitment has been filed
shall decide on the petition within seventy-two (72) hours
from the time the said petition has been filed by the
DSWD/LSWDO. The court will determine the initial period of
placement of the child within the IJISC which shall not be less
than one (1) year. The multi-disciplinary team of the IJISC will
submit to the court a case study and progress report, to
include a psychiatric evaluation report and recommend the
reintegration of the child to his/her family or the extension of
the placement under the IJISC. The multi-disciplinary team will
also submit a report to the court on the services extended to
the parents and family of the child and the compliance of the
parents in the intervention program. The court will decide
whether the child has successfully completed the center-
based intervention program and is already prepared to be
reintegrated with his/her family or if there is a need for the
continuation of the center-based rehabilitation of the child.
The court will determine the next period of assessment or
hearing on the commitment of the child."
"SEC. 20-B. Repetition of Offenses. — A child who is above
twelve (12) years of age up to fifteen (15) years of age and
who commits an offense for the second time or
oftener: Provided, That the child was previously subjected to a
community-based intervention program, shall be deemed a
neglected child underPresidential Decree No. 603, as
amended, and shall undergo an intensive intervention
program supervised by the local social welfare and
development officer:Provided, further, That, if the best
interest of the child requires that he/she be placed in a youth
care facility or 'Bahay Pag-asa', the child's parents or
guardians shall execute a written authorization for the
voluntary commitment of the child: Provided, finally, That if
the child has no parents or guardians or if they refuse or fail to
execute the written authorization for voluntary commitment,
the proper petition for involuntary commitment shall be
immediately filed by the DSWD or the LSWDO pursuant
to Presidential Decree No. 603, as amended."
"SEC. 20-C. Exploitation of Children for Commission of
Crimes. — Any person who, in the commission of a crime,
makes use, takes advantage of, or profits from the use of
children, including any person who abuses his/her authority
over the child or who, with abuse of confidence, takes
advantage of the vulnerabilities of the child and shall induce,
threaten or instigate the commission of the crime, shall be
imposed the penalty prescribed by law for the crime
committed in its maximum period."
"SEC. 20-D. Joint Parental Responsibility. — Based on the
recommendation of the multi-disciplinary team of the IJISC,
the LSWDO or the DSWD, the court may require the parents
of a child in conflict with the law to undergo counseling or any
other intervention that, in the opinion of the court, would
advance the welfare and best interest of the child.
"As used in this Act, 'parents' shall
mean any of the following:
"(a) Biological parents of the child; or
"(b) Adoptive parents of the child; or
"(c) Individuals who have custody of the
child.
"A court exercising jurisdiction over a
child in conflict with the law may require the
attendance of one or both parents of the child at
the place where the proceedings are to be
conducted. CAIaHS
"The parents shall be liable for damages
unless they prove, to the satisfaction of the court,
that they were exercising reasonable supervision
over the child at the time the child committed the
offense and exerted reasonable effort and utmost
diligence to prevent or discourage the child from
committing another offense."
"SEC. 20-E. Assistance to Victims of
Offenses Committed by Children. — The victim of
the offense committed by a child and the victim's
family shall be provided the appropriate
assistance and psychological intervention by the
LSWDO, the DSWD and other concerned
agencies."
SECTION 7. Section 22 of Republic Act No. 9344 is hereby
amended to read as follows:
"SEC. 22. Duties During Initial
Investigation. — The law enforcement officer
shall, in his/her investigation, determine where
the case involving the child in conflict with the
law should be referred.
"The taking of the statement of the
child shall be conducted in the presence of the
following: (1) child's counsel of choice or in the
absence thereof, a lawyer from the Public
Attorney's Office; (2) the child's parents,
guardian, or nearest relative, as the case may be;
and (3) the local social welfare and development
officer. In the absence of the child's parents,
guardian, or nearest relative, and the local social
welfare and development officer, the
investigation shall be conducted in the presence
of a representative of an NGO, religious group, or
member of the BCPC.
"The social worker shall conduct an
initial assessment to determine the appropriate
interventions and whether the child acted with
discernment, using the discernment assessment
tools developed by the DSWD. The initial
assessment shall be without prejudice to the
preparation of a more comprehensive case study
report. The local social worker shall do either of
the following:
"(a) Proceed in accordance with Section 20
if the child is fifteen (15) years or below or
above fifteen (15) but below eighteen (18)
years old, who acted without
discernment; and DTEIaC
"(b) If the child is above fifteen (15) years
old but below eighteen (18) and who
acted with discernment, proceed to
diversion under the following chapter."
SECTION 8. Section 33 of Republic Act No. 9344 is hereby
amended to read as follows:
"SEC. 33. Preliminary Investigation and
Filing of Information. — The prosecutor shall
conduct a preliminary investigation in the
following instances: (a) when the child in conflict
with the law does not qualify for diversion; (b)
when the child, his/her parents or guardian does
not agree to diversion as specified in Sections 27
and 28; and (c) when considering the assessment
and recommendation of the social worker, the
prosecutor determines that diversion is not
appropriate for the child in conflict with the law.
"Upon serving the subpoena and the
affidavit of complaint, the prosecutor shall notify
the Public Attorney's Office of such service, as
well as the personal information, and place of
detention of the child in conflict with the law.
"Upon determination of probable cause
by the prosecutor, the information against the
child shall be filed before the Family Court within
forty-five (45) days from the start of the
preliminary investigation. The information must
allege that the child acted with discernment."
SECTION 9. Section 49 of Republic Act No. 9344 is hereby
amended to read as follows:
"SEC. 49. Establishment of 'Bahay Pag-
Asa'. — Each province and highly-urbanized city
(the LGUs) shall be responsible for building,
funding and operating a 'Bahay Pag-asa' within
their jurisdiction following the standards that will
be set by the DSWD and adopted by the
JJWC. aIcDCH
"Every 'Bahay Pag-asa' will have a
special facility called the IJISC. This Center will be
allocated for children in conflict with the law in
accordance with Sections 20, 20-A and 20-B
hereof. These children will be required to
undergo a more intensive multi-disciplinary
intervention program. The JJWC in partnership
with, but not limited to, the DSWD, the DOH, the
DepEd and the DILG, will develop and set the
standards for the implementation of the multi-
disciplinary intervention program of the IJISC.
Upon institutionalization of the IJISC program, the
JJWC will continue to monitor and provide
technical assistance to the multi-disciplinary
teams operating the said centers."
SECTION 10. Section 50 of Republic Act No. 9344 is hereby
amended to read as follows:
"SEC. 50. Care and Maintenance of the
Child in Conflict with the Law. — . . .
 "The LGUs expected expenditures on
the local juvenile intervention program for
children at risk and children in conflict with the
law shall be included in the LGUs annual budget.
Highly-urbanized cities and provincial
governments should include a separate budget
for the construction and maintenance of the
'Bahay Pag-asa' including the operation of the
IJISC within the 'Bahay Pag-asa'."
SECTION 11. Section 57 of Republic Act No. 9344 is hereby
amended to read as follows:
"SEC. 57. Status Offenses. — Any
conduct not considered an offense or not
penalized if committed by an adult shall not be
considered an offense and shall not be punished
if committed by a child."
"SEC. 57-A. Violations of Local
Ordinances. — Ordinances enacted by local
governments concerning juvenile status offenses
such as, but not limited to, curfew violations,
truancy, parental disobedience, anti-smoking and
anti-drinking laws, as well as light offenses and
misdemeanors against public order or safety such
as, but not limited to, disorderly conduct, public
scandal, harassment, drunkenness, public
intoxication, criminal nuisance, vandalism,
gambling, mendicancy, littering, public urination,
and trespassing, shall be for the protection of
children. No penalty shall be imposed on children
for said violations, and they shall instead be
brought to their residence or to any barangay
official at the barangay hall to be released to the
custody of their parents. Appropriate intervention
programs shall be provided for in such
ordinances. The child shall also be recorded as a
'child at risk' and not as a 'child in conflict with
the law'. The ordinance shall also provide for
intervention programs, such as counseling,
attendance in group activities for children, and
for the parents, attendance in parenting
education seminars."

(Anti-Death Penalty Law, Republic Act No. 9346, [June 24,

2006])
SECTION 2. In lieu of the death penalty, the following shall be imposed:
(a) the penalty of reclusion perpetua, when the law violated
makes use of the nomenclature of the penalties of the Revised
Penal Code; or

(b) the penalty of life imprisonment, when the law violated does
not make use of the nomenclature of the penalties of
the Revised Penal Code.

SECTION 3. Persons convicted of offenses punished

with reclusion perpetua, or whose sentences will be reduced
to reclusion perpetua, by reason of thisAct, shall not be eligible for
parole under Act No. 4103, otherwise known as the Indeterminate
Sentence Law, as amended.
 ||| (Rule on Juveniles in Conflict with the Law, A.M. No. strong. In this case, the court shall commit the child to a youth
02-1-18-SC, [November 24, 2009]) detention home or youth rehabilitation center, or in the absence
thereof, to the care of a provincial, city or municipal jail as provided
In conflict with the law means taken into custody, detained,
for in Section 27 of this Rule, which shall be responsible for the
or charged with the commission of an act defined and punished as a
appearance of the child in court whenever required.
crime or offense under the law, including violations of traffic laws,
rules and regulations, and ordinances of local government units. SECTION 31. Diversion Committee. — In each court, there
shall be organized a Diversion Committee composed of its Branch
SECTION 19. Preliminary Investigation. — As far as
Clerk of Court as chairperson; the prosecutor, a lawyer of the Public
consistent with this Rule, the preliminary investigation of a
Attorney's Office assigned to the court, and the social worker
child in conflict with the law shall be governed by Section 3
assigned by the court to the child, as members. CSIDEc
of Rule 112 of the Revised Rules of Criminal Procedure. A specially
trained prosecutor shall be assigned to conduct the inquest, SECTION 32. Proceedings Before Arraignment. — The
preliminary investigation and prosecution of the case involving a Diversion Committee shall determine if the child can be diverted and
child in conflict with the law. The child, on the other hand, shall be referred to alternative measures or services. Subject to pertinent
assisted by a private lawyer or if none, a lawyer from the Public provisions of this Rule and pending determination of diversion by the
Attorney's Office. If there is an allegation or evidence of torture or ill- Committee, the court shall release the child onrecognizance to the
treatment of a child in conflict with the law during custody or parents, guardian or custodian, or nearest relative; or if this is not
detention, it shall be the duty of the prosecutor to investigate the advisable, commit the child to an appropriate youth detention home
same. (n) or youth rehabilitation center which shall be responsible for the
presence of the child during the diversion proceedings.
SECTION 20. Conduct of Preliminary Investigation. —
Preliminary investigation shall be conducted in the following If the Diversion Committee determines that diversion is not
instances: (a) when the child in conflict with the law does not qualify proper, or when the child or the private complainant objects to the
for diversion; (b) when the child, the parents or guardian do not diversion, or when there is failure of the diversion program if
agree to diversion as provided in Sections 27 and 28 of Republic Act undertaken by the child, it shall submit a report to the court
No. 9344; or (c) when, after considering the assessment and recommending that the case be subjected to formal criminal
recommendation of the social worker, the prosecutor determines proceedings. The court in turn shall direct the transmittal of the
that diversion is not appropriate for the records of the case to the Office of the Clerk of Court for the
child in conflict with the law. (n) assignment of a regular criminal docket number to the case as
follows: CICL Crim. Case No. ____-_______ (year). The Office of the
At the preliminary investigation, should there arise a need
Clerk of Court shall thereafter return the case to the court for
for clarificatory questions to be propounded on the child,
arraignment and formal proceedings.
the Rule on Examination of a Child Witness shall apply.
SECTION 21. Filing of Information. — If the investigating
prosecutor finds probable cause to hold the
child in conflict with the law for trial, there being discernment, the
corresponding Resolution and Information shall be prepared for the
approval by the provincial or city prosecutor, as the case may be. The
child and the mother or father, or appropriate guardian or custodian,
or in the absence thereof, the nearest relative, and the child's private
counsel or lawyer from the Public Attorney's Office shall be furnished
forthwith a copy of the approved resolution and the
Information. CaSHAc
The Information shall be filed with the court within forty-
five (45) days from the start of the preliminary investigation. (n)
No Information shall be filed against a child for the
commission of the following:
(a) status offenses;

(b) vagrancy and prostitution under Section 202 of

the Revised Penal Code;

(c) mendicancy under Presidential Decree No. 1563;

and

(d) sniffing of rugby under Presidential Decree No.

1619.

Children taken into custody for the foregoing

shall, with their consent and that of their parents, guardian or
custodian, instead undergo appropriate counseling and treatment
program. (n)
SECTION 27. Bail as a Matter of Right. — All
children in conflict with the law shall be admitted to bail as a matter
of right before final conviction of an offense not punishable
by reclusion perpetua or life imprisonment.
SECTION 28. When Bail Not a Matter of Right. — No child
charged with an offense punishable by reclusion perpetua or life
imprisonment shall be admitted to bail when evidence of guilt is
Cases When Bail Not Required, Republic Act No. 6036, [August 4,
1969])
SECTION 1. Any provision of existing law to the contrary
notwithstanding, bail shall not be required of a person charged with
violation of a municipal or city ordinance, a light felony and/or a
criminal offense the prescribed penalty for which is not higher than
six months imprisonment and/or a fine of two thousand pesos, or
both, where said person has established to the satisfaction of the
court or any other appropriate authority hearing his case that he is
unable to post the required cash or bail bond, except in the
following cases:
(a) When he is caught committing the offense in flagrante;
(b) When he confesses to the commission of the offense unless
the confession is later repudiated by him in a sworn statement
or in open court as having been extracted through force or
intimidation;
(c) When he is found to have previously escaped from legal
confinement, evaded sentence, or jumped bail;
(d) When he is found to have previously violated the provisions
of Section 2 hereof;
(e) When he is found to be a recidivist or a habitual delinquent
or has been previously convicted for an offense to which the law
or ordinance attaches an equal or greater penalty or for two or
more offenses to which it attaches a lighter penalty;
(f) When he commits the offense while on parole or under
conditional pardon; and
(g) When the accused has previously been pardoned by the
municipal or city mayor for violation of municipal or city
ordinance for at least two times.
SECTION 2. Instead of bail, the person charged with any
offense contemplated by Section 1 hereof shall be required to sign in
the presence of two witnesses of good standing in the community a
sworn statement binding himself, pending final decision of his case,
to report to the Clerk of the Court hearing his case periodically
every two weeks. The Court may, in its discretion and with the
consent of the person charged, require further that he be placed
under the custody and subject to the authority of a responsible
citizen in the community who may be willing to accept the
responsibility. In such a case the affidavit herein mentioned shall
include a statement of the person charged that he binds himself to
accept the authority of the citizen so appointed by the Court. The
Clerk of Court shall immediately report the presence of the accused
person to the Court. Except when his failure to report is for justifiable
reasons including circumstances beyond his control to be determined
by the Court, any violation of this sworn statement shall justify the
Court to order his immediate arrest unless he files bail in the amount
forthwith fixed by the Court.
SECTION 3. This Act shall apply to all person who, at the
time of its approval, are under temporary detention for inability to
post bail for charges contemplated by Section 1 above.
||| (Prescribing Rules and Regulations Governing the Issuance of Hold
Departure Orders, DOJ Circular No. 17, [1997])
WHEREAS, under Section 6, Article III of the 1987
Constitution, "The liberty of abode and of changing the same within
the limits prescribed by law shall not be impaired except upon lawful
order of the court. Neither shall the right to travel be impaired except
in the interest of national security, public safety, or public health, as
may be provided by law;"
WHEREAS, the indiscriminate issuance of Hold Departure
Orders infringes upon the people's right to travel and should,
therefore, be restrained;
NOW, THEREFORE, pursuant to the provisions of existing
laws, the following Rules and Regulations are hereby issued to govern
the issuance and implementation of Hold Departure Orders (HDOs):
1. As used in these Rules, unless the context otherwise
requires —
a. "President" refers to the President of the Republic of the
Philippines;
b. "Secretary" refers to the Secretary of Justice;
c. "Commissioner" refers to the Commissioner of the
Bureau of Immigration; HICcSA
d. "Bureau" refers to the Bureau of Immigration; and
e. "HDO" refers to a Hold Departure Order issued by the
President, Secretary or the proper Regional Trial
Court commanding the Commissioner to prevent
the departure for abroad of Filipinos and/or
aliens named therein by including them in the
Bureau's Hold Departure List.
2. An HDO shall be implemented by the Commissioner
under any of these circumstances:
a. When the HDO was issued by the Regional Trial Court
against an accused in a criminal case which is within its
exclusive jurisdiction in accordance with Circular 39-
97 of the Office of the Court Administrator dated June
19, 1997.
Whenever (a) the accused has been acquitted; or (b) the
case has been dismissed, the HDO issued shall be lifted
by the Commissioner upon receipt from the Court
concerned of a copy of (a) the judgment of acquittal
promulgated; or (b) the order of dismissal issued,
both of which shall include therein the order for the
cancellation of such HDO.
b. When the HDO was issued upon the
order/instruction of the President of the Philippines in
the interest of national security, public safety on public
health, as may be provided by law.
The HDO issued shall be lifted by the Commissioner upon
receipt of the order/instruction from the President to
lift such HDO.
c. When the HDO was issued by the Secretary of Justice,
upon application of an interested party, against
any of the following:
i. An accused person who is released on bail.
The application shall be accompanied by a certified true
copy of the order releasing the person on bail and a
certification issued by the Clerk of Court concerned
that the criminal case where the bail was issued is
pending.
An Immigration Officer may cause the arrest of an
accused who is released on bail without the
necessity of a warrant if the latter attempts to leave
the country without prior written permission of the
court where the case is pending.
The HDO shall be lifted by the Commissioner upon
order of the Secretary attached to which is (a) the
certification issued by the Clerk ofCourt or other
officer concerned that the case in which the bail was
granted has been dismissed; or (b) a certified true
copy of the decision ofthe court acquitting the
 accused; or (c) a certified true copy of the order of the
court allowing the departure of the accused. If the
criminal case is provisionally dismissed, a certified true
copy of the order of the court allowing the
departure of the accused shall be required. SacTAC
ii. A fugitive from justice.
The application shall be accompanied by a certified true
copy of the criminal information and
warrant/order of arrest against the fugitive and a
certification issued by the Clerk of Court concerned
that the warrant/order of arrest was returned
unserved by the peace officer to whom the same was
delivered for service.
The HDO shall be lifted by the Commissioner upon
order of the Secretary attached to which is a
certification issued by the Clerk ofCourt or other
officer concerned allowing the departure of the
accused during the pendency of the case, or that the
warrant/order of arrest had been recalled, or that the
case in which the warrant/order of arrest was issued
has been dismissed.
iii. An alien who is the accused in a criminal case that is
pending trial before a court.
The application shall be accompanied by a certification
issued by the court concerned on the pendency of the
trial of the criminal case involving the alien and by a
certified true copy of the information filed in the case.
The HDO shall be lifted by the Commissioner upon
order of the Secretary attached to which is a certified
true copy of the decision acquitting the alien of the
charge or of the order dismissing the case.
iv. An alien who is the respondent in a deportation
complaint before the Bureau for
violation of immigration laws, rules and regulations,
upon recommendation of the Board of Special Inquiry
or of the Board of Commissioners.
The application shall be accompanied by a copy of the
deportation complaint. HCacTI
The HDO shall be lifted by the Commissioner upon
receipt of a copy of the order of dismissal of the
deportation complaint.
v. An alien whose presence is required as witness in a
criminal case, or as the defendant/respondent or
witness in a civil, labor or other case before a judicial,
quasi judicial or administrative body of the
government.
The application shall be accompanied by a certified true
copy of the subpoena or summons issued to the alien
and by a copy of the criminal information or of the
complaint in the civil, labor or administrative case
wherein the alien's presence is required.
The HDO shall be lifted by the Commissioner upon
order of the Secretary, attached to which is a certified
true copy of the order issued by the court or
appropriate authority dismissing the case wherein the
presence of the alien is required or discharging the
alien as witness, or otherwise allowing his departure.
In all of the abovementioned in stances, the application
for the issuance of an HDO shall be in writing, placed
under oath and signed by the interested party.
To ensure the proper identification of the subject of an
HDO, the application/request filed with the Secretary
for its issuance shall likewise set forth the subject's
complete name i.e., his christian, family and middle
name/initial, his aliases, if any, date and place of birth,
and his place of last residence.
If available, a recent photograph of the subject shall
accompany the application/request for its issuance.
A copy of the HDO implemented by the Commissioner
shall be sent to the person subject of the order, if his
postal address is known, so that he may, if he so
desires, file a motion for reconsideration with the
Secretary. TDEASC
d. When the HDO was issued by the Secretary upon the
request of the Head of a Department of the
Government; the head of a constitutional body orof a
commission or agency performing quasi-judicial
functions; the Chief Justice of the Supreme Court for
the Judiciary; or by the President of the Senate or the
Speaker of the House of Representatives for the
legislative body, when the adverse party is the
Government or any of its agencies or instrumentalities,
in the interest of national security, public safety or
public health, as may be provided by law.
The request shall specify the reason or ground for
holding or preventing the departure of the subject
individual.
The HDO shall be lifted by the Commissioner upon
order of the Secretary attached to which is a certified
true copy of the order or decision ofthe official or body
concerned dismissing the case or otherwise allowing
the departure of the subject individual.
3. An HDO implemented by the Commissioner under these
Rules shall be automatically terminated five (5)
years from the date of its issuance, unless sooner
terminated or extended before said date by the
court/President/Secretary as the case may be, as
provided for in these Rules.
4. All HDOs heretofore issued by the Bureau shall be subject
to automatic review by the Secretary of Justice.
For this purpose, the Commissioner shall
immediately elevate to the Office of the Secretary
all HDOs outstanding, together with the relevant
documents.
||| (Rules and Regulations Governing the Issuance and
Implementation of Watchlist Orders, DOJ Department Circular No. 18,
[April 23, 2007])
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 ofthe 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 (Sec. 3[1], [2] & [6], Chapter I, Title III, Book
IV, E.O. No. 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 The order for the lifting or cancellation of the WLO shall be
individual's right to travel; forwarded to the Commissioner of Immigration for Implementation,
copy furnished the parties. ADaSET
Now, therefore, pursuant to the provisions of existing laws,
the following rules and regulations are hereby adopted to govern the SECTION 4. Validity of WLO. — A WLO issued by the
issuance, lifting, and implementation of Watchlist Orders without Secretary of Justice under these rules shall be valid for sixty (60) days
prejudice to the issuance of Hold-Departure Orders by from the date of issuance, unless sooner terminated or otherwise
the Department under Department Circular No. 17, s. 1998. extended for a non-extendible period of not more than sixty (60)
days.
SECTION 1. Watchlist Order (WLO). — A Watchlist Order
(WLO) may be issued by the Secretary of Justice in criminal cases SECTION 5. Certification of Not the Same Person. — In case
which are pending preliminary investigation or petition for review a person is prevented from leaving the country because of a
before the Department of Justice. Watchlist or Hold-Departure Order (WLO/HDO) issued by the
Secretary of Justice and said person is not the same person whose
a. In cases pending preliminary investigation, the
name appears in the WLO/HDO, the interested party may request for
requesting party must submit the following
a certification and submit the following documents:
documents:
i. duly notarized letter-request;
i. duly notarized letter-request;
ii. affidavit of denial; and
ii. original or certified true copy of the complaint;
and iii. clearance from appropriate government agencies.
iii. certification from the National Prosecution SECTION 6. Allow-Departure Order (ADO). — In case a
Service stating that the case is pending person subject of a Watchlist or Hold-Departure Order issued by the
preliminary investigation. Secretary of Justice intends to leave the country for some exceptional
reasons, the Secretary of Justice may allow the departure of said
b. In cases pending motion for reconsideration/petition for
person upon submission of the following documents:
review before the Department of Justice, the
requesting party must submit the following i. duly notarized letter-request;
documents:
ii. affidavit of undertaking stating the purpose and the
i. duly notarized letter-request; inclusive period of the intended travel; and
ii. original or certified true copy of the resolution; iii. authority to travel from the investigating prosecutor
and where the case is pending (for those under WLO);
or
iii. certification from the National Prosecution
Service stating that the case is pending iv. authority to travel from the appropriate office where the
motion for reconsideration/petition for case is pending (for those under HDO)
review.
SECTION 7. Hold-Departure Orders (HDO). — The
To ensure the proper identification of the subject of the issuance of HDOs by this Department shall be governed by existing
WLO, the application/request filed with the Legal rules, specifically Department CircularNo. 17, s. 1998.
Staff of the Department of Justice shall likewise set forth the
SECTION 8. Fees. — Pursuant to Republic Act No. 9279 and
following information:
its Implementing Rules and Regulations, there shall be collected and
i. subject's complete name, i.e., his given name, family and paid to the Cashier's Officeof this Department the following
middle name or initial; processing fees to cover the administrative costs for services
rendered by the Legal Staff, to wit:
ii. aliases, if any;
a. Issuance/lifting or cancellation/extention of
iii. date and place of birth;
WLO/HDO — P2,500.00
iv. last place of residence; and
b. Issuance of Allow-Departure Order — P2,500.00
v. photograph, if available
c. Issuance of certification — P 500.00
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/ cancellation setting forth the grounds therefor.
SECTION 3. Lifting of 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; and
iii. certification from the National Prosecution Service that
the case has been dismissed.

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 Section 8. Issuance of Clearance/Certification of Not the Same Person. –
grounds: 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
1. When the validity period of the HDO as provided for in the preceding pursuant to this Circular may, upon application under oath, be issued a
section has already expired; Certification to the effect that said person is not the same person whose
name appears in the issued HDO/WLO.
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 The Certification may be issued upon submission of the following
charge, or the case in which the warrant/order of arrest was issued has requirements:
been dismissed or the warrant/order of arrest has been recalled;
a. Affidavit of Denial;
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 b. Photocopy of the page of the passport bearing the personal details;
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 c. Latest clearance from the National Bureau of Investigation (NBI); and
has been allowed to leave the country;
d. Clearance from the court or appropriate government agency, whenever
(b) The WLO may be lifted or cancelled under any of the following applicable.
grounds:
Section 9. Processing Fees. – Pursuant to the provisions of Republic Act
1. When the validity period of the WLO as provided for in the preceding No. 9279 and its Implementing Rules and Regulations, there shall be
section has already expired; 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
2. When the accused subject of the WLO has been allowed by the court to Staff, to wit:
leave the country during the pendency of the case, or has been acquitted
of the charge; and Issuance/Lifting or Cancellation/Extension of HDO/WLO
– P2,500.00
3. When the preliminary investigation is terminated, or when the petition
for review, or motion for reconsideration has been denied and/or Issuance of Allow Departure Order
dismissed. – P2,500.00

(c) All applications for lifting/cancellation of HDOs/WLOs must be under Issuance of Clearance/Certification of Not the Same Person
oath and accompanied by certified true copies of the documentary – P500.00
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.
CIRCULAR NO. 39-97
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:chanroblesvirtuallawlibrary
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:chanroblesvirtuallawlibrary
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.

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