How to Verify and Lift a Hold Departure Order (HDO) in the Philippines

Practical, step-by-step guidance for Filipinos and foreign nationals dealing with travel restrictions at Philippine ports of exit. This is general information, not a substitute for advice from your own lawyer or the issuing authority.

Quick takeaways

An HDO actually stops you from leaving. It’s normally issued by a court (e.g., an RTC handling a criminal case).
A PHDO (Precautionary HDO) can be issued by an RTC even before a case is filed in court, upon a prosecutor’s application during preliminary investigation.
An ILBO (Immigration Lookout Bulletin Order) is issued by the DOJ and does not by itself prevent departure; it alerts the Bureau of Immigration (BI) to subject you to secondary inspection.
BI implements court/DOJ orders at the airport and seaports.
To verify if you’re on a list, check with the issuing court/DOJ and request a BI certification on derogatory records.
To lift an HDO/PHDO, you file a **motion in the same court that issued it; to delist from an ILBO, you apply with the DOJ.
After a lifting/recall order, hand-carry certified copies and coordinate with BI so the database is updated before your flight.

What each order means (and why it matters)

1) HDO (Hold Departure Order)

Who issues: A court (often the RTC hearing a criminal case; in some instances, other courts with jurisdiction).
Effect: Bars departure until lifted or modified.
When used: After a criminal case is filed and the court wants to ensure your presence at trial or compliance with bail terms.

2) PHDO (Precautionary Hold Departure Order)

Who issues: An RTC judge, upon ex parte application by the prosecutor during preliminary investigation.
Effect: Temporarily bars departure while the prosecutor is still deciding whether to file a case.
Typical threshold (general rule): Issued where the offense investigated carries a serious penalty (commonly described as at least six (6) years and one (1) day as minimum), or where the respondent is a foreign national.
What happens later: If an information is filed, the case court can issue a regular HDO; if the complaint is dismissed or evidence is weak, you may seek recall of the PHDO.

3) ILBO (Immigration Lookout Bulletin Order)

Who issues: DOJ via department circulars.
Effect: Does not itself bar departure. It instructs BI to flag and subject the traveler to secondary inspection; BI may hold you only if there’s another lawful basis (e.g., HDO, warrant, immigration violation).

4) Other lists you might encounter

Watchlist/Derogatory Records: Older or umbrella terms BI uses for names flagged for various reasons.
Blacklist Order (BLO): Usually for foreign nationals barred from entering the Philippines—different from departure controls.

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

You generally need to check both the issuing authority and the BI system.

A) Check with the likely issuing authority

If you have a pending criminal case:
- Ask your lawyer to review the case docket or order of the trial court (RTC/MeTC/MTC as applicable).
- Look for a specific “Hold Departure Order,” “Order Not to Leave,” or bail conditions restricting travel.
If you are under preliminary investigation (no case filed yet):
- Ask your counsel to check with the Office of the City/Provincial Prosecutor and the nearest RTC for any PHDO issued on the prosecutor’s application.
If you heard of an ILBO:
- Request confirmation from the DOJ (Office of the Secretary / Office of the Chief State Counsel). Your lawyer can inquire using your full name, date of birth, and passport number.

B) Cross-check with the Bureau of Immigration (BI)

Request a BI certification on whether you are in any derogatory list (HDO/PHDO/ILBO/Watchlist/Blacklist).
Bring government ID and passport details; provide name variations (e.g., married/maiden name, hyphenations) to catch “namesake” hits.
If you have a court/DOJ order already, bring certified copies so BI can verify and annotate your record.

Tip: If you’re traveling soon and want peace of mind, obtain the BI certification and carry it with you at departure together with any relevant court/DOJ orders.

How to lift or modify a court-issued HDO

Where to file: In the same court that issued the HDO (through your lawyer).

What to file: A Verified Motion to Lift/Recall HDO (or Motion for Leave to Travel / Temporary Lifting).

Common grounds & arguments

Right to travel (1987 Constitution, Art. III, Sec. 6) balanced with court’s power to ensure attendance.
Change in circumstances: Case dismissed, downgraded, evidence weak, or you have consistently appeared in court.
Humanitarian/necessitous travel: Medical treatment, urgent family matters, essential work or government business.
No flight risk: Strong ties to the Philippines, stable job/business, family, fixed address, prior compliance with bail.
Proportionality: Less restrictive measures (e.g., bond, itinerary, reporting) can adequately ensure your return.

What to attach

Certified true copy of the HDO/order you seek to lift.
Proof of purpose (medical docs, employer/government letters, event invites).
Confirmed itinerary (dates, flight bookings if already purchased; if not, proposed dates).
Proof of ties (employment/business docs, property titles/leases, family records).
Affidavit(s) of undertaking and proposed conditions (bond, check-ins, passport surrender upon return).

Typical results the court may grant

Full lifting/recall of the HDO.
Temporary lifting / travel authority for a defined travel window and destination(s), often with conditions:
- Posting of an additional bond.
- Detailed itinerary with contact info abroad.
- Advance notice to the prosecutor/BI.
- Passport turnover to the clerk of court before/after travel.
- Return-to-court deadline and post-travel report.

After the order is granted

Secure certified copies of the lifting/permission order immediately.
Serve copies on the prosecutor and BI (Legal/Intelligence/Border Control as directed in the order).
Confirm BI database update (ask for acknowledgment and, if possible, a BI certification reflecting the update).
Hand-carry certified copies when you travel.

How to recall a PHDO (Precautionary HDO)

Where to file: In the RTC that issued the PHDO.

When you can ask for recall

The prosecutor dismisses the complaint (attach the resolution).
The evidence of guilt is not strong or the penalty threshold for a PHDO is not met.
You are not a flight risk and propose reasonable safeguards.

What to file/attach

Motion to Recall PHDO, with certified copy of the prosecutor’s resolution or other supervening events (e.g., settlement in offenses where legally allowed, or evidence undermining probable cause).
Supporting proof of ties, purpose of travel, and undertakings similar to an HDO motion.

What happens if a case is later filed

The PHDO may be superseded by the case court’s orders. You or your lawyer should promptly inform the issuing RTC and the BI to avoid duplicate restrictions.

How to deal with an ILBO (DOJ)

Purpose: Monitoring/alert; not a standalone travel ban.

How to clear/delist

Submit a letter-request (via counsel) to the DOJ, asking for lifting/delisting from the ILBO, explaining:
- The case status (e.g., complaint dismissed; acquitted; already posted bail and consistently appearing).
- Lack of flight risk; undertakings to appear when required.
Attach supporting documents (resolutions, court orders, IDs, passport bio page, itinerary if travel is imminent).
Once granted, provide the DOJ delisting notice to BI and carry it when traveling.

Special situations & practical tips

Namesake / “hit” at the airport

If your name matches someone under an HDO/ILBO, BI may subject you to secondary inspection.
Carry multiple IDs and, if available, a BI certification stating you are not the same person or not on the list.

Existing warrant of arrest

A warrant is separate. Even if an HDO is lifted, an outstanding warrant will still prevent your departure until resolved with the court.

Minors and family/civil cases

Some family courts may issue orders restricting a child’s travel (e.g., custody disputes). Verify with the family court and BI; lifting/modification is sought from the issuing court.

Foreign nationals

Aside from HDO/PHDO/ILBO, foreigners may face immigration holds due to visa or deportation cases. Coordinate with counsel and BI regarding clearances or lifting any immigration orders (distinct from court HDOs).

Timing & logistics

Updates from court/DOJ to BI systems are not instantaneous. After securing a lifting order, personally coordinate with BI and leave lead time before your flight.

Never use “fixers”

Processing must be done through official channels. Avoid anyone offering shortcuts.

Frequently asked questions (FAQ)

Q: I’ve posted bail. Does that automatically lift the HDO? A: Not automatically. Bail typically addresses custody; an HDO may remain unless the court expressly lifts or modifies it. Ask your lawyer to move for lifting or travel authority.

Q: Can I get a one-time permission to travel instead of fully lifting the HDO? A: Yes. Courts often grant temporary lifting for specified dates/destinations with conditions (bond, itinerary, passport turnover, etc.).

Q: How long does BI take to reflect a lifting order? A: It varies. Always serve certified copies to BI and, where possible, obtain a BI certification confirming the update before your trip.

Q: Can an ILBO alone stop me from boarding? A: By itself, no. It prompts secondary inspection. You can still be prevented from leaving if another lawful ground exists (HDO, warrant, immigration violation).

Q: What if I only learned of an HDO at the airport? A: You’ll likely be off-loaded. Contact your lawyer to immediately: (1) identify the issuing court, (2) obtain the order, and (3) file an urgent motion for lifting or for travel authority if time-sensitive.

Outline: Motion to Lift/Recall HDO (or for Temporary Travel Authority)

Your counsel will tailor this to your case and court’s preferred format.

Title/Caption – Case title and number, court, parties.
Introduction & Relief Sought – “Motion to Lift/Recall Hold Departure Order,” or “Motion for Leave to Travel/Temporary Lifting.”
Factual Background – Case status, issuance of HDO, compliance history (bail/appearances).
Grounds – Constitutional right to travel; proportionality; no flight risk; change in circumstances (dismissal/downgrade); humanitarian/business necessity.
Proposed Safeguards – Additional bond; itinerary with contact details; passport turnover; reporting deadlines; notice to prosecutor/BI.
Attachments – Certified HDO; proofs (medical/employment/ties); flight details; affidavits.
Prayer – Specific relief (lift/recall, or allow travel on dates/destinations stated, and direct BI to honor the order).
Notice & Service – On prosecutor/DOJ/BI as appropriate.
Verification & MCLE/IBP compliance – As required.

Checklist: What to bring and where to go

For verification
- Government ID and passport (plus name variations if applicable).
- Case details (court, case number) or PI details (prosecutor’s office) if known.
- Request BI derogatory-records certification.
For lifting
- Certified copy of the HDO/PHDO/ILBO.
- Supporting documents (purpose of travel, ties to PH, undertakings).
- Draft Motion (your lawyer prepares and files).
- After grant: Serve certified copies to BI and carry them when you travel.

Common pitfalls (and how to avoid them)

Assuming bail = free to travel. Always secure a specific court order allowing departure.
Waiting until your flight week to coordinate with BI. Do service and follow-up early.
Ignoring name spellings. Provide all name variants to avoid false “hits.”
Not serving stakeholders. Serve the prosecutor/DOJ/BI as the order directs; keep proof of service.
Relying on verbal assurances. Always obtain and carry certified true copies.

Legal anchors to remember (high level)

1987 Constitution, Art. III, Sec. 6: Right to travel, subject to lawful restrictions in the interest of national security, public safety or public health, as may be provided by law.
Courts’ authority to issue HDOs/PHDOs flows from their power to ensure the appearance of the accused/respondent and the orderly administration of justice.
DOJ circulars provide for ILBOs (alert/monitoring); only a court order or other lawful ground actually stops departure.

Final practical plan (if you’re dealing with this now)

Confirm what order exists (HDO vs PHDO vs ILBO) via your lawyer, the court/DOJ, and BI certification.
If HDO/PHDO: File the appropriate motion in the issuing court (lift/recall, or temporary travel authority).
If ILBO only: File a delisting request with the DOJ (and travel with complete documents).
After any grant: Serve certified copies to BI, confirm system update, and carry docs at departure.
Keep counsel looped in for any future trips until all flags are cleared.

If you’d like, tell me your situation (criminal case vs preliminary investigation vs ILBO, travel dates, and what documents you already have). I can draft a case-specific motion and a serving/BI follow-up checklist tailored to you.