Immigration Alerts for Pending Criminal Cases in the Philippines

A comprehensive legal primer

1. Overview

When a person in the Philippines faces a pending criminal case, the State has several mechanisms to prevent or monitor attempted departure from the country. Collectively called immigration alerts, these include:

Tool	Issuing Authority	Stage of Case	Effect	Duration
Hold-Departure Order (HDO)	Trial court (RTC/MeTC/Sandiganbayan)	After information is filed	Absolute bar to exit	Until lifted by the same court
Precautionary Hold-Departure Order (PHDO)	Trial court before information is filed (A.M. 18-07-05-SC)	During preliminary investigation	Absolute bar unless recalled or bail + court clearance obtained	5 years, renewable
Immigration Look-Out Bulletin Order (ILBO)	Secretary of Justice (DOJ Circular • 2010 & 2017 updates)	Pre- or post- filing; usually during ongoing DOJ/Ombudsman probe	“Watch-list” flag—traveller may leave only with DOJ/BI written clearance	60 days by default, extendable
Watch-List Order (legacy)	Defunct — replaced by ILBO	—	—	—

Foreign nationals may also face a BI Alert List entry or Summary Deportation Order, but the table above covers the alerts most relevant to pending criminal cases for both Filipino citizens and aliens.

2. Legal Foundations

Commonwealth Act No. 613 (Philippine Immigration Act, 1940) §3 & §6 empower the Bureau of Immigration (BI) to control entry/departure and keep a Derogatory Record System.
Supreme Court Administrative Circular No. 39-97 (1997) First formalized HDOs; integrated into later Court rules.
A.M. No. 18-07-05-SC (Precautionary Hold-Departure Order Rules, effective 16 Sept 2019) Provides for PHDOs upon prosecutor motion before information filing where flight risk exists and probable cause is shown.
DOJ Department Circular No. 41 (25 May 2010) and DC No. 18 (23 Apr 2012) Define Watch-List / ILBO procedures after the Supreme Court’s TRO in G.R. No. 199034 (GMA v. DOJ).
Rules of Criminal Procedure; 2018 Revised Bail Guidelines Interact with travel-related conditions of bail affecting HDO/PHDO lifting.
Passport Act of 1996 (RA 8239) DFA may cancel or refuse a passport when a court/competent authority so orders.

3. Detailed Mechanics

3.1 Hold-Departure Order (HDO)

Step	Description
1. Filing of information	Prosecutor files the criminal case; prosecution or private complainant may move for HDO.
2. Court evaluation	Judge issues HDO ex parte if (a) probable cause exists, and (b) the offense is penalized by ≥ 6 years or the accused is a flight-risk.
3. Transmittal to BI & DFA	Clerk of Court sends order within 24 h; BI tags name in Central Verification Unit; DFA tags passport.
4. Effect at ports	BI stops the accused at airport/ports until a Court Recall Order is physically presented.
5. Lifting	Accused files Motion to Recall HDO; court may require (i) bail, (ii) itinerary, (iii) travel bond, (iv) waiver of prescription.

Tip for counsel: Always hand-carry a certified true copy of the Recall Order; BI needs the document before un-tagging.

3.2 Precautionary Hold-Departure Order (PHDO)

Introduced to close a “gap” before information filing.

Requirement	Rule
Who files	Prosecutor (with complainant’s oath)
Where	Any RTC/MeTC where complainant resides or evidence found
Standard	Probable cause + high probability of flight
Validity	5 years; extendable upon motion
Recall	Via verified motion; court may: (a) cancel outright for lack of cause; (b) allow departure on ₱ bond + undertaking; or (c) recall automatically when case is filed and no HDO is sought.

3.3 Immigration Look-Out Bulletin Order (ILBO)

The ILBO is not a travel ban but a “watch-list flag.”

Grounds: Ongoing DOJ/NBI/Ombudsman investigation, Senate inquiry, extradition, high-profile tax probe, etc.
Process:
1. Secretary of Justice issues ILBO identifying the subject, case, duration.
2. DOJ Legal Staff sends to BI; BI tags subject in system.
3. At departure: BI refers traveller to secondary inspection. Subject must present Allow-Departure Order (ADO) or DOJ travel authority; otherwise departure is denied.
Duration: 60 days (renewable) unless sooner terminated or converted to HDO once an information is filed.

Note: The Supreme Court TRO in G.R. No. 199034 (Dec 2011) ended the broader “Watch-List Orders” and led to narrower ILBO usage under DC 18-2012.

4. Interaction with Bail and Criminal Procedure

Scenario	Effect on Alert
*Accused posts bail before* HDO issuance**	Court may still issue HDO; bail does not guarantee travel.
Bail includes travel condition	Court must still send explicit Recall to BI; a vague “travel allowed” clause is insufficient.
Case dismissal / acquittal	HDO/PHDO automatically lifted only when court sends recall; counsel should move for formal recall.
Case downgraded to light offense (<6 data-preserve-html-node="true" yrs)	Accused may move to lift HDO citing SC Cir. 39-97 Sec. 2.

5. Rights and Remedies of the Subject

Due Process Notice: PHDO requires that a copy be served within 24 h; ILBO copy furnished through counsel or last known address.
Motion for Reconsideration or Recall: Allowed in all three regimes, stressing lack of probable cause, humanitarian grounds (medical treatment, foreign bar exam, etc.), or mistake in identity.
Habeas Data / Correction of Records: If BI tags wrong person (e.g., same name), file request for correction or petition for habeas data.
Judicial Review: Supreme Court certiorari may lie against abusive or indefinite ILBOs (see Lee v. Abalos, G.R. 219191, 01 Jun 2022).

6. Practical Compliance Checklist

Task	Responsible	Timing
Verify existence of alert with BI CIA Verification Unit	Accused/Counsel	Before ticket purchase
Secure certified copies of Recall/ADO	Clerk of Court / DOJ	Before departure
Coordinate with BI-Legal Division for delisting	Counsel	1–2 days before flight
Present Recall/ADO + Passport at secondary inspection	Traveller	Departure day

7. Key Jurisprudence & Issuances

Case / Circular	Gist
*G.R. 199034, GMA v. DOJ* (28 Dec 2011)**	SC issued TRO vs DOJ Watch-List, stressing right to travel; led to ILBO reform.
*G.R. 225116, Go v. CA* (11 Oct 2017)**	HDO may issue ex parte; due process satisfied by post-issuance remedies.
A.M. 18-07-05-SC (PHDO Rules)	Codified pre-charge travel restraint with 5-year lifespan.
OCA Cir. 39-97	Prototype guidelines on HDO issuance & recall.

8. Common Pitfalls

Assuming bail = free travel. Always petition the court for recall or travel authority.
Ignoring ILBO validity period. Even if 60 days lapses, confirm BI has un-tagged the record.
Name-sake issues. Filipino naming conventions (middle name vs maternal surname) often trigger false hits—advise clients to carry additional IDs or PSA birth certificates.

9. Strategic Advice for Counsel

Integrate travel needs early—if client is an overseas worker or executive, negotiate conditional travel bond instead of blanket HDO.
Use PHDO adversarially—as private complainant, a well-timed PHDO motion can secure jurisdiction over an elusive respondent.
Monitor DOJ bulletins—ILBOs are posted on DOJ website; early detection allows timely ADO application.

10. Conclusion

Immigration alerts are powerful—but varied—tools that balance an individual’s constitutional right to travel (Art. III §6, 1987 Constitution) against the State’s duty to secure criminal jurisdiction. Mastery of the distinctions among HDO, PHDO, and ILBO, their procedural safeguards, and remedies is essential for any Philippine criminal-law or immigration practitioner. Proactive management—verifying derogatory records, promptly moving for recall, and coordinating with BI—often determines whether a client boards the plane or stays grounded.

This article reflects Philippine law and practice as of 2 August 2025. Always check the latest circulars and jurisprudence before advising clients.