Notifying Government Agencies of a Lifted Hold Departure Order After Acquittal (Philippines)

This is practical legal information for the Philippine setting. It is not a substitute for advice from your own counsel.

1) Quick Primer: HDO vs. PHDO vs. ILBO

Hold Departure Order (HDO) A court order that bars a person from leaving the Philippines in connection with a pending criminal case. Typically issued by a trial court (e.g., RTC) where an information has been filed, and it remains in force until lifted by the same court or until the case is disposed of and the court orders its cancellation.
Precautionary Hold Departure Order (PHDO) A court order issued before a criminal case is filed in court (i.e., during or right after preliminary investigation) when a judge finds probable cause for a serious offense under the Supreme Court’s Rule on PHDO. Like an HDO, it is enforced at Philippine ports by the Bureau of Immigration (BI) and requires a court order to lift.
Immigration Lookout Bulletin Order (ILBO) An executive/administrative alert issued by the Department of Justice (DOJ) directing the BI to be on the lookout for a person who may attempt to leave the country. It does not absolutely prohibit departure, but in practice can cause offloading or secondary inspection. An ILBO must be lifted or cancelled by the DOJ.

Key takeaway: After an acquittal, you must (a) secure a court order lifting any HDO/PHDO and (b) separately ensure any ILBO is cancelled by the DOJ. Both the court and the DOJ should notify the BI; counsel should also proactively notify agencies to purge watchlists quickly.

2) What “Acquittal” Changes—and What It Doesn’t

A judgment of acquittal ends the criminal liability for the charge in that case and ordinarily warrants lifting any HDO/PHDO tied to it.
However, watchlists aren’t self-clearing: BI databases and DOJ/PNP/NBI records may retain the person’s name until a formal lifting/cancellation is transmitted and encoded.
If there are other pending criminal cases, warrants, or appeals (e.g., a Rule 65 petition challenging the acquittal, or separate cases in other courts), travel restrictions can remain.

3) Sequence of Actions After Acquittal

A. In the Trial Court (HDO/PHDO)

Obtain the Judgment and Finality Documents
- Certified true copy (CTC) of the Decision or Judgment of Acquittal.
- If the court did not expressly lift the HDO/PHDO in the judgment, file a Motion to Lift HDO/PHDO.
- Entry of Judgment / Certificate of Finality (if appropriate). Some courts will lift the HDO immediately upon acquittal; others prefer to see finality.
Secure the Court’s Lifting Order
- Ask for a CTC of the Order lifting the HDO/PHDO.
- Request the Clerk of Court to immediately transmit the lifting order to:
  - Bureau of Immigration (Commissioner, Legal/Immigration Regulation Division; and the watchlist/derogatory records unit),
  - Department of Justice (if a PHDO was coordinated through prosecutors),
  - Other relevant agencies (see Section 5).
Get Proof of Transmittal
- Ask for the court’s Docket/Registry Receipt and, if possible, email acknowledgments. Keep these with you while traveling.

B. With the DOJ (ILBO)

Check if an ILBO exists. Many cases had both a court HDO/PHDO and a DOJ ILBO.
If there is/was an ILBO, file a Letter-Request / Motion to Lift ILBO with the DOJ, attaching:
- CTC of the Judgment of Acquittal,
- CTC of the Order lifting HDO/PHDO (if already issued),
- Valid ID and counsel’s SPA/entry of appearance.
Request the DOJ to issue a Department Order lifting the ILBO and to notify the BI for database purging.

C. With the Bureau of Immigration (BI)

Submit copies (hand-carry and, if allowed, email):
- Court Order lifting HDO/PHDO,
- Judgment of Acquittal, and Entry of Judgment (if available),
- DOJ Order cancelling ILBO (if any).
Ask BI to:
- Cancel the derogatory record,
- Update the Border Control Information System,
- Provide written confirmation (or at least an email acknowledgment).

4) Documents Checklist

✅ CTC of Judgment of Acquittal
✅ CTC of Order Lifting HDO/PHDO (or judgment clause expressly lifting)
✅ Entry of Judgment / Certificate of Finality (if available or required by court)
✅ DOJ Order lifting ILBO (if one exists)
✅ Proof of transmittal to BI/DOJ (registry receipts, emails)
✅ Government ID, passport copy, counsel’s SPA/authorization

Tip: Carry paper and digital copies when you first travel after clearing. Present them to BI if the system hasn’t refreshed.

5) Who to Notify (and Why)

Bureau of Immigration (BI) – Primary gatekeeper at ports; encodes HDO/PHDO/ILBO and their lifting.
Department of Justice (DOJ) – Issues/controls ILBOs; should cancel any ILBO post-acquittal and notify BI.
Trial Court (Clerk of Court) – Responsible for issuing and transmitting the lifting order to agencies.
National Bureau of Investigation (NBI) – Maintains records that can trigger “HIT” results in NBI clearances; request record clearance/update post-acquittal.
Philippine National Police (PNP) – If there were associated warrants or blotter entries, ensure there are no active warrants remaining.
Department of Foreign Affairs (DFA-OVS/Passports) – Rarely, passport annotations or diplomatic notices can persist; provide the lifting/cancellation if you previously had a passport restriction.

Special fora: If your case was in the Sandiganbayan, Court of Appeals, Court of Tax Appeals, or Shari’a/Family court with criminal aspects, mirror the same steps with the specific court’s clerk and their usual transmittal channels.

6) Timing & Practicalities

When to file the motion to lift?
- If the judgment already says “HDO/PHDO is hereby lifted” and orders transmittal, proceed straight to BI follow-through.
- If silent, file a Motion to Lift immediately upon receipt of the judgment.
Finality vs. immediate lifting:
- Some courts lift upon promulgation; others prefer finality. Your motion can argue that continued restraint is unwarranted after acquittal, particularly absent any prosecution move for review.
Airport reality:
- Updates can lag. Keep documents on hand during your first trips.
- If flagged at secondary inspection, calmly present the lifting order and DOJ cancellation, and ask the officer to check the latest derogatory record status.

7) Edge Cases to Watch

Multiple cases / multi-count informations: Ensure each case number with an HDO/PHDO has a specific lifting.
Partial acquittal / conviction on lesser offense: HDO may be retained if there’s pending sentencing or appeal.
Appeals and special civil actions: A prosecution appeal on questions of law or a Rule 65 petition does not automatically revive an HDO, but some courts may issue new restrictions; monitor the docket.
Civil liability remains: Civil actions don’t justify an HDO/PHDO; nonetheless, complainants sometimes seek injunctive relief in separate proceedings—be vigilant.
Bail bond obligations: Even after acquittal, check for any administrative bond release steps with the bondsman/court.

8) Model Filings (Templates)

A. Motion to Lift Hold/Precautionary Hold Departure Order

Republic of the Philippines
REGIONAL TRIAL COURT, Branch ___, __________ City
People of the Philippines
     Plaintiff,
                                           Crim. Case No. ______
-versus-
Juan D. Cruz,
     Accused.
                 x-------------------------------x

MOTION TO LIFT (PRECAUTIONARY) HOLD DEPARTURE ORDER

Accused, through counsel, respectfully states:

1. On __________, this Honorable Court promulgated a Judgment ACQUITTING the Accused of the charge of __________.
2. The Court previously issued a (Precautionary) Hold Departure Order dated __________ in connection with this case.
3. In view of the acquittal, there exists no legal or factual basis to continue restraining Accused’s right to travel.

PRAYER
WHEREFORE, Accused prays that the (P)HDO dated __________ be LIFTED, and that the Branch Clerk of Court be DIRECTED to immediately TRANSMIT copies of the Lifting Order and Judgment to the Bureau of Immigration, the Department of Justice, the National Bureau of Investigation, and other relevant agencies for prompt database update.

__________, Philippines, _________.

Counsel for the Accused
PTR/IBP/MCLE nos.

B. DOJ Letter-Request to Lift ILBO

Hon. Secretary of Justice
Padre Faura, Manila

Subject: Request to Lift ILBO re: Juan D. Cruz

Dear Secretary:

In ILBO dated __________, the DOJ placed Mr. Juan D. Cruz under lookout in connection with I.S. No. ________. On __________, the Regional Trial Court, Branch ___, __________ City, PROMULGATED a Judgment of ACQUITTAL (copy attached). The Court has likewise LIFTED the (P)HDO on __________ (copy attached).

In view of the acquittal and absence of any other pending case/warrant, we respectfully request the immediate LIFTING/CANCELLATION of the ILBO and transmittal of the cancellation to the Bureau of Immigration.

Respectfully,
Counsel for Mr. Cruz

C. Transmittal to Bureau of Immigration

The Commissioner
Bureau of Immigration
Magallanes Drive, Intramuros, Manila

Subject: Request to Cancel Derogatory Record re: Juan D. Cruz

Dear Commissioner:

Enclosed are certified copies of: (1) Judgment of Acquittal dated __________; (2) Order dated __________ LIFTING the (P)HDO; and (3) DOJ Order dated __________ cancelling the ILBO (if applicable).

We respectfully request immediate CANCELLATION of any derogatory listing/HDO/PHDO/ILBO entries and confirmation that the Border Control system has been updated.

Very truly yours,
Counsel for Mr. Cruz

9) Practical Tips for Smooth Clearance

Be redundant on notice: Don’t rely on one transmittal. Send hard copies (registered mail/courier) and email to official addresses when available.
Track encoding: A polite follow-up with BI’s watchlist/derogatory team often accelerates database updates.
Travel diary: For the first 1–2 trips post-clearance, arrive earlier, keep documents ready, and note the officer’s name and timestamp if any manual override was done (helps if the system reflags you).
NBI clearance soon after: Pull an NBI clearance a week or two after transmittals; if it still shows a HIT, present the documents at NBI Quality Control to purge the entry.
Name variants: If your name has common variants (e.g., “Juan Dela Cruz,” “Juan D. Cruz”), ask BI/NBI to update all aliases/AKA fields.

10) Frequently Asked Questions

Q: Is the HDO automatically lifted by acquittal? A: Not always. Many courts will expressly lift it in the judgment; if not, move to lift and obtain a separate order.

Q: Can I travel with just the decision of acquittal? A: It’s safer to carry the lifting order and proof that BI was notified. If an ILBO exists, get the DOJ cancellation too.

Q: How long until databases update? A: Varies by office. Proactive follow-ups and complete transmittals shorten the lag.

Q: What if the prosecution files something after my acquittal? A: Monitor the docket. Unless a new order issues, the lifting stands, but a fresh restriction could be sought; have counsel ready to oppose.

11) Summary Workflow (One-Page)

Get CTCs: Judgment of Acquittal → (if needed) Motion & Order Lifting HDO/PHDO → Entry of Judgment.
DOJ: If there’s an ILBO, request DOJ cancellation.
Notify BI: Transmit lifting/cancellation; request derogatory purge + confirmation.
Notify NBI/PNP/DFA as relevant; ask to update records.
Travel with documents for the first trips; follow up if flagged.

If you want, I can turn these into ready-to-file PDFs (with fill-in fields) and a one-page checklist you can print and keep in your passport sleeve.