How to Lift a Hold Departure Order After Sandiganbayan Acquittal (Philippines)

Audience: acquitted accused, defense counsel, government counsel, corporate compliance officers, and HR/legal teams supporting former public officers.

Scope: This article explains, end-to-end, how to lift a court-issued Hold Departure Order (HDO) after an acquittal by the Sandiganbayan, including who to notify (Bureau of Immigration, Department of Justice, other agencies), timing, documents, and common pitfalls. It also contrasts HDOs with Immigration Lookout Bulletin Orders (ILBOs) and other watchlists.

1) Key Concepts & Legal Framework

Right to travel: Protected by the 1987 Constitution, Art. III, Sec. 6, but may be impaired “as may be provided by law” in the interest of national security, public safety, or public health, and by lawful order of a court.
Sandiganbayan jurisdiction: Created under P.D. 1606 as amended (e.g., R.A. 10660), it tries certain offenses involving public officers. It may issue ancillary orders—including HDOs—to ensure presence of the accused.
HDO vs. ILBO:
- HDO (Court-issued): A binding directive preventing departure. The person will be blocked at the border until the same court recalls the order or it is otherwise lifted.
- ILBO (DOJ-issued): An administrative alert directing immigration officers to be on the lookout. It does not automatically bar travel, but the person may be referred for secondary inspection, delayed, or held pending clarification.
Watchlists from other agencies: Names can appear in BI derogatory databases, NBI, or PNP lists for reasons unrelated to your Sandiganbayan case. These must be cleared separately if they exist.

Bottom line: An acquittal does not self-destruct an HDO in the computer systems. You need formal recall and downstream notification so the border hit disappears before your next flight.

2) Overview: What Has to Happen

Secure finality of the acquittal (or appropriate certification).
Move the Sandiganbayan to recall/lift the HDO and direct dissemination to implementing agencies.
Obtain certified copies of the Judgment/Resolution, Entry of Judgment (or certification of finality), and the Order recalling the HDO.
Serve the recall order on:
- Bureau of Immigration (BI) – to remove your name from the derogatory/HDO database and notify ports.
- Department of Justice (DOJ) – to recall any ILBO tied to the case (if one exists) and cascade to BI.
- Other agencies that might mirror the HDO (e.g., NBI, PNP), especially if their watchlists were cited in the HDO/ILBO history.
Confirm deletion from BI systems before traveling (and carry paper copies to the airport as redundancy).

3) Step-by-Step Procedure

Step A — Confirm Finality

Ask the Sandiganbayan if the acquittal is already final. Although acquittals are generally immediately final as to criminal liability (double jeopardy), there are narrow routes (e.g., extraordinary remedies on jurisdictional grounds) that can complicate timing.
Best practice: Obtain an Entry of Judgment or Certification of Finality from the Judicial Records Division once available.

Step B — File a Motion to Recall/Lift HDO

Title: Urgent Motion to Recall Hold Departure Order and to Direct Immediate Dissemination
Core asks:
1. Recall/Lift the HDO effective immediately.
2. Direct the Clerk of Court to furnish certified copies of the recall order to BI (Commissioner/Legal Service), DOJ (Office of the Secretary/Prosecutor General), and any other implementing agencies specifically named in the original HDO or later ILBOs.
3. Authorize electronic/expedited service (courier, email, fax) and note verbatim identifying details (full name, aliases, date/place of birth, passport number) to avoid database mismatches.
4. State there are no other pending cases/HDOs (if true), or disclose them to prevent confusion.
Attachments:
- Certified true copy of the Judgment/Resolution of Acquittal
- Entry of Judgment/Finality (if available)
- Copy of the original HDO (if on file)
- Government ID/passport and alias/a.k.a. proof (to help exact matching)

Step C — Secure the Court’s Recall Order

After the motion is granted, request multiple certified copies of the Recall Order.
Ask the Clerk of Court for proof of transmittal to agencies (registry receipts, email confirmations). Get filed/stamped copies for your records.

Step D — Notify & Follow Through with Agencies

1) Bureau of Immigration (BI)

Goal: Remove your name from the HDO/derogatory database and ensure port dissemination.
Submit:
- Certified Recall Order (and judgment/finality)
- Cover letter identifying the HDO docket, your personal identifiers (all name variants), and a request for written confirmation once deletion is effected.
Ask for:
- Confirmation of central database purge and advisory to all ports.
- Estimated propagation time to the Airports Operations/Border Control systems.

2) Department of Justice (DOJ)

Goal: Recall any ILBO tied to the case (if issued) and inform BI.
Submit:
- Certified Court Recall Order and the Acquittal/Finality
- Request for formal rescission of the ILBO and BI notification.
Tip: If you never saw an ILBO, ask whether one exists under your name; sometimes ILBOs are issued during trial stages.

3) Other Agencies (as applicable)

NBI: Request removal from internal watchlists, attach court recall and finality.
PNP/Interpol Channel (if any): If your name was flagged via PNP liaison (rare for ordinary cases), request a stand-down notice.
Others cited in the HDO/ILBO chain: Serve them as well to close the loop.

Step E — Verification Before Travel

Written confirmation from BI that your name is no longer in the HDO/derog database is ideal.
Carry originals/certified copies of the Recall Order, Judgment, and Finality when you travel.
Arrive early for your first post-lift flight in case manual verification is needed.
Match your ticket name to the exact spelling in the recall order/passport to avoid fresh hits.

4) Timelines & Practical Tips

Finality & Entry of Judgment: Often within 15–30 days from promulgation absent any timely qualified challenge; your counsel can check the docket for exact dates.
Court action on motion: Usually days to a few weeks, depending on court calendar; mark as “Urgent” and justify (e.g., booked travel, medical, employment).
Agency propagation: BI/DOJ systems may update quickly but port caches and airline DCS checks may lag; get written confirmation if you have imminent travel.

Pro tips

Provide all name variants (e.g., “Juan D. Dela Cruz,” “Juan Dela Cruz,” “Juan De La Cruz”) and the passport number.
If you used multiple passports, disclose them—older numbers can still trigger a hit.
If you have other pending criminal/civil cases with separate HDOs or warrants, lifting one HDO won’t clear the others.

5) What If There’s an ILBO But No HDO?

After acquittal, petition the DOJ to lift the ILBO based on the final judgment.
Even if the court didn’t issue an HDO, an active ILBO can still cause airport delays. Clear it to avoid secondary inspection surprises.

6) Common Pitfalls

Assuming acquittal = auto-lift. Databases do not auto-purge without a recall order + notifications.
Not serving all implementers. If the airport or airline hasn’t received the update through BI channels, you can still be delayed.
Name mismatch. Misspellings and missing middle names are the #1 cause of lingering hits.
Overlooking parallel cases. Separate RTC/CTA/other tribunal HDOs need separate recalls.
Traveling immediately after the order without checking BI confirmation.
Relying on scans only. Carry certified copies for the first trip.

7) Templates (Editable)

A) Motion to Recall HDO (Sandiganbayan)

CAPTION: People of the Philippines v. [Name], SB Crim. Case No. ______

URGENT MOTION TO RECALL HOLD DEPARTURE ORDER AND TO DIRECT IMMEDIATE DISSEMINATION

Accused, by counsel, respectfully states:

1. On [date], this Honorable Court promulgated a Judgment acquitting Accused.
2. The Judgment is now final, as evidenced by the attached Entry of Judgment/Certification of Finality dated [date].
3. An HDO was issued in this case on [date], which continues to appear in the Bureau of Immigration database absent recall.

WHEREFORE, premises considered, Accused prays that the Court:
(a) RECALL the HDO issued against Accused effective immediately;
(b) DIRECT the Clerk of Court to furnish certified copies of the Recall Order and the Judgment/Finality to the Bureau of Immigration (Office of the Commissioner/Legal), the Department of Justice (Office of the Secretary/Prosecutor General) for any ILBO, and other relevant agencies; and
(c) AUTHORIZE service by electronic mail/fax/courier due to urgency.

[Include full identifiers: complete name with aliases, date/place of birth, passport no.]

[Counsel’s signature block]

B) BI Transmittal Letter

Hon. Commissioner
Bureau of Immigration
[Address/Email]

Re: Request to Implement Recall of HDO – [Full Name], Passport No. ______

Dear Commissioner:

Enclosed are certified copies of the Sandiganbayan [Recall Order dated ___], [Judgment of Acquittal dated ___], and [Entry of Judgment/Finality dated ___]. We respectfully request deletion of the HDO entry from the BI derogatory database and immediate dissemination to all ports. Please confirm completion in writing.

Identifiers: [All name variants], [DOB], [Passport No(s.)].

Very truly yours,
[Name/Counsel]

C) DOJ Request to Lift ILBO

Hon. Secretary of Justice / Prosecutor General
Department of Justice

Subject: Request to Lift ILBO – [Full Name], SB Crim. Case No. ___

Dear Sir/Madam:

Please find enclosed certified copies of the Sandiganbayan [Judgment of Acquittal], [Entry of Judgment/Finality], and [Order]. We respectfully request the lifting of any ILBO issued in connection with the above case and notification to the Bureau of Immigration.

Identifiers: [All name variants], [DOB], [Passport No(s.)].

Respectfully,
[Name/Counsel]

8) Special Situations

Partial acquittal / civil liability: If the Sandiganbayan acquits on the criminal aspect but adjudicates civil liability, the court can still recall the HDO relating to flight risk on the criminal case; civil enforcement uses different tools (e.g., execution).
Acquittal with pending related cases: If you have another pending case (even in a different court) with its own HDO/ILBO, you must address those separately.
Name collision: If another person shares your name, file a Request for Annotation with BI (attach IDs) to minimize false hits.

9) Compliance, Privacy, and Record-Keeping

Keep a compliance file with: motion, court recall order, proof of transmittals, acknowledgments from BI/DOJ, and travel dates.
Share only the minimum necessary personal data with agencies; mask sensitive numbers in email where appropriate and provide the full numbers in certified attachments.
For organizations assisting ex-employees, obtain written consent to handle their personal data.

10) Quick Checklist (Print This)

Certified Judgment of Acquittal
Entry of Judgment / Finality or certification
Motion to Recall HDO (urgent)
Court Recall Order (multiple certified copies)
Transmittals to BI, DOJ (for ILBO), and any other agencies
BI written confirmation of database deletion
Airport travel kit: originals/certified copies; passport(s); counsel’s contact

11) Frequently Asked Questions

Q: Can I fly immediately after the court says “acquitted”? A: Not safely, until the HDO recall is issued and BI has implemented it. Carry certified copies if travel is urgent.

Q: Do I need the DOJ if there was only an HDO? A: If no ILBO was ever issued, DOJ involvement may be minimal. But asking DOJ to confirm no active ILBO is prudent.

Q: What if BI still sees a hit after recall? A: Present the certified recall order and ask for a supervisor. Contact your counsel to escalate with BI Legal/Border Control for immediate database refresh.

Q: Who pays for notices? A: Typically the moving party handles service and courier costs unless the court orders otherwise.

12) Final Notes (Not Legal Advice)

Procedures and desk practices can vary. The core rule is consistent: after a final Sandiganbayan acquittal, seek a formal court recall of the HDO and ensure timely, documented notification to BI, DOJ (for ILBO), and any mirroring agencies, then verify removal before travel. For complex or time-sensitive cases, work with counsel who regularly coordinates with Sandiganbayan, BI, and DOJ.