How to Check for Hold Departure Orders in the Philippines

How to Check for Hold Departure Orders (HDOs) in the Philippines

Key takeaways (read this first)

  • Only courts issue Hold Departure Orders (HDOs). If a criminal case is filed in court, the judge may bar a person from leaving the Philippines.
  • There’s also a Precautionary HDO (PHDO). A Regional Trial Court may issue a PHDO even before a case is filed in court (usually upon a prosecutor’s application in serious cases).
  • An Immigration Lookout Bulletin Order (ILBO) is different. The DOJ can issue an ILBO to alert immigration officers; it is not a categorical travel ban, but it can trigger enhanced screening or deferred departure.
  • There is no public website where you can look up your name. To check, you (or your lawyer/authorized representative) must verify with the court, prosecutor/DOJ, and the Bureau of Immigration (BI).
  • If an HDO/PHDO exists, only the issuing court can lift or relax it. Even a negative BI certification isn’t a guarantee if a new order is issued later.

The legal landscape, in plain language

Constitutional backdrop. Filipinos have a right to travel, but it may be limited “as may be provided by law” and for reasons like national security and public safety. Criminal procedure and Supreme Court rules let courts ensure an accused (or respondent) appears when required.

HDO (court-issued). When a criminal case is already in court, the judge can issue an HDO to prevent the accused (or a person necessary to the case) from leaving. The BI enforces the order at the border.

PHDO (court-issued, pre-case). A prosecutor may ask a Regional Trial Court (RTC) for a Precautionary Hold Departure Order during preliminary investigation in serious offenses (commonly those with higher penalties) where flight risk exists. It’s typically issued ex parte and transmitted to BI. The respondent may later move to lift or modify it.

ILBO (executive alert). The Department of Justice may issue an Immigration Lookout Bulletin Order to the BI to flag individuals of interest (e.g., persons under investigation). ILBOs don’t categorically bar travel, but they often lead to secondary inspection, verification calls to the requesting agency, and, in practice, possible deferred boarding while checks are made. If a court HDO/PHDO or a warrant exists, BI must enforce it.

Other BI lists (for context).

  • Blacklist (generally for foreign nationals) bars entry, not exit.
  • Watchlist / alert list are internal derogatory markers that can slow or prevent departure depending on the underlying authority (e.g., an HDO).

How records actually move

  1. Issuance (court or DOJ) → 2. Transmittal (to BI) → 3. Encoding (into BI’s derogatory database) → 4. Enforcement (border control checks at departure).

Because transmission/encoding can take time, paper orders and implementation notices matter. If your order is lifted, ensure BI receives the lifting order and updates its system before your flight.


How to check if you have an HDO/PHDO/ILBO

1) Check with the court (for HDOs; and sometimes to confirm PHDOs)

  • Where to ask: The clerk of court of the court where your criminal case is pending (or where a PHDO application may have been filed).

  • What to ask for:

    • Whether an HDO/PHDO is on record against you;
    • A certified copy of any order (issuance or lifting/modification).
  • Who may ask: You, your lawyer, or an authorized representative (bring a Special Power of Attorney (SPA) and valid IDs).

  • Tip: Provide complete identifiers (full name, birth date, case number if known). Courts will not casually disclose orders to third parties without authority.

2) Check with the prosecutor’s office (for PHDO status during preliminary investigation)

  • Where to ask: The city/provincial prosecutor handling the complaint.

  • What to ask:

    • Whether the prosecutor applied for or intends to apply for a PHDO;
    • Case status and any court action related to travel restrictions.
  • Why this helps: PHDOs start with the prosecutor; early inquiry lets you respond (e.g., by addressing flight-risk concerns).

3) Request a BI derogatory-record certification (practical, but not conclusive)

  • What it is: A Bureau of Immigration certification stating whether your name currently appears in BI’s derogatory database (e.g., HDO/PHDO/ILBO/alerts known to BI at the time of issuance).

  • Where to file: BI main office or designated field office/service center that processes certifications.

  • Common requirements:

    • Valid government ID (original + photocopy).
    • SPA and IDs if a representative applies for you.
    • Duly accomplished request form and official fees (amounts change; ask the counter).
  • Cautions:

    • It’s a snapshot, not a guarantee. A new order can be issued after your certificate is printed.
    • Homonyms (name-soundalikes) can cause alerts. If you’re frequently flagged, ask BI about annotation procedures to distinguish you (e.g., noting middle name, passport number, birth date).

4) Ask the DOJ (for ILBOs)

  • How: Through your counsel or in person with ID/SPA, inquire if an ILBO exists and what agency requested it.
  • Why it matters: Even though ILBOs are not outright bans, they can delay departure unless the requesting agency clears you (or unless you present a court order allowing travel).

5) Cross-check NBI clearance (useful, but limited)

  • What it tells you: The NBI shows pending criminal “hits” under your name.
  • What it does not tell you: An NBI clearance does not certify the absence of an HDO/PHDO/ILBO. Treat it only as one piece of the puzzle.

What if you discover you’re covered by an HDO or PHDO?

A) Move to lift or modify the order (only the issuing court can do this)

Typical contents of a motion:

  • Case details (title, docket number, court branch).
  • Purpose of travel (work, medical, studies, family emergency, religious obligation, etc.).
  • Specific itinerary (destinations, flights, dates, contact numbers).
  • Assurances/undertakings (to return on a set date; to keep contact details current; to appear at all hearings).
  • Proof (invitations, medical documents, bookings, employer letters).
  • Bond (if the court requires a travel bond or higher bail).

Courts often impose conditions, such as:

  • Strict travel window and itinerary;
  • Travel bond;
  • Notice to BI before departure and after return;
  • Immediate surrender of passport upon return;
  • Periodic updates to the court.

B) Coordinate implementation with BI

  • After a court lifts or relaxes an order, ensure the order reaches BI and is encoded before you travel. Bring certified copies to the airport.

C) If the basis is an ILBO

  • File a request to delist with the DOJ (often routed through the requesting agency) when circumstances change (e.g., case dismissed, investigation closed). Attach proof.

Airport-day realities

  • Border control checks your name against BI’s system.
  • If an HDO/PHDO shows up, you will be refused departure (it’s a court order).
  • If an ILBO or derogatory alert pings, you may face secondary inspection and deferred boarding while officers confirm with the requesting agency.
  • Bring papers: certified court orders, proof of lifting/modification, and your lawyer’s contact details.

Frequently asked questions

Does an HDO expire? It usually remains until lifted by the issuing court or until the case is concluded, unless the order itself sets a validity period.

Can I be stopped without an HDO? Yes, if there is a PHDO, a warrant of arrest, an enforceable administrative order, or an ILBO/derogatory alert that prompts lawful deferment while verification occurs.

Will a visa or employer letter override an HDO? No. Only a court order can lift or relax a court-issued travel restraint.

I share a name with someone on a list. What do I do? Carry documents proving your middle name, birth date, passport number, and consider asking BI about annotation procedures to reduce false hits.

I’m a foreign national. Do these rules apply? You may be subject to HDO/PHDO in a Philippine case and to immigration administrative orders (e.g., deportation, blacklist). Coordinate with counsel. A blacklist prevents entry, not departure, but other orders can affect exit.


Practical timeline & checklist (for planned travel)

4–6 weeks before departure

  • Ask your lawyer to verify with the court and prosecutor for any HDO/PHDO activity.
  • Apply for BI derogatory-record certification.

2–4 weeks before

  • If needed, file a motion to lift/modify; request priority hearing if travel is soon.
  • If you’re on an ILBO, start delisting requests with DOJ/requesting agency.

1 week before

  • Secure certified copies of the court’s lifting/permission order and confirm BI encoding.
  • Prepare a travel pack: orders, itineraries, return ticket, employer/medical proofs.

Airport day

  • Arrive early. Keep documents handy. Cooperate with any secondary inspection.

Templates you can adapt

1) Request to the Bureau of Immigration for Derogatory-Record Certification

[Date]

The Commissioner
Bureau of Immigration
[Office/Service Center]

Subject: Request for Certification (Derogatory Record / HDO/PHDO/ILBO)

I, [Full Name], born [DOB], holder of Philippine Passport No. [number], respectfully request
a certification stating whether my name appears in any derogatory record, including
any Hold Departure Order (HDO), Precautionary HDO (PHDO), or ILBO on file with the Bureau.

Purpose: [e.g., upcoming international travel on (dates)]

Attached are: [government ID/passport copy], [SPA, if representative], and contact details.

Respectfully,
[Signature over printed name]
[Address / Mobile / Email]

2) Motion to Lift or Modify Hold Departure Order

REPUBLIC OF THE PHILIPPINES
[Regional/Metropolitan/Municipal] Trial Court
[Judicial Region], Branch [__]
[City/Province]

PEOPLE OF THE PHILIPPINES,            Criminal Case No. [____]
   Plaintiff,
                                      For: [Offense]
vs.
[ACCUSED NAME],
   Accused.
-----------------------------------------------x

MOTION TO LIFT OR, IN THE ALTERNATIVE, MODIFY HOLD DEPARTURE ORDER

Accused, through counsel, respectfully states:

1. On [date], the Honorable Court issued a Hold Departure Order (HDO) against the Accused.
2. Accused seeks permission to travel from [place] to [place] on [dates] for [purpose],
   supported by [attach proofs].
3. Accused undertakes to (a) post a travel bond in the amount the Court may fix,
   (b) provide itinerary and contact details, (c) return on [date], and (d) appear at
   all settings and comply with all lawful orders.

PRAYER: Accused prays that the HDO be LIFTED, or alternatively MODIFIED to allow the
above travel under such conditions as the Court may impose, and that the Order be
immediately transmitted to the Bureau of Immigration for implementation.

[Date & Place]
[Counsel’s Name, Roll No., IBP, PTR, MCLE]
[Address / Email / Tel.]

3) Undertaking (to accompany motion or court leave to travel)

I, [Name], accused in [Case No. ___], undertake to:
(1) depart on [date] and return on [date];
(2) keep my counsel and the Court informed of my whereabouts and contact details;
(3) appear at all hearings and comply with all Court directives;
(4) surrender my passport to the Court upon return; and
(5) submit proof of return within [__] days.

[Signature over printed name]
[Date]

Professional tips

  • Paper trail wins. Always secure certified copies of court orders and acknowledged receipts of transmittals to BI/DOJ.
  • Specifics beat generalities. Courts prefer tight itineraries over open-ended travel.
  • Coordinate early. Even after a court grants leave, give time for BI encoding.
  • When in doubt, lawyer up. Counsel can check multiple offices in parallel and frame a persuasive motion with the right undertakings.

This guide is for general information for the Philippine context and isn’t a substitute for advice from your lawyer, who can tailor strategy to the exact case, court, and agency involved.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.