Timeline to Lift a Hold Departure Order (HDO) in the Philippines
A practitioner-oriented overview of the sources, steps, and practical timeframes
1. What exactly is a Hold Departure Order?
| Feature | Court-issued HDO | DOJ Immigration Look-Out Bulletin Order (ILBO) | Watch-List Order (obsolete) |
|---|---|---|---|
| Legal basis | Supreme Court A.M. No. 18-07-05-SC (2018 revocation & consolidation of A.C. 39-97) and courts’ inherent contempt power | DOJ Circular No. 41-2010 (as amended by Circ. 59-2019 & 023-2022) | Repealed by DOJ Circ. 041-10 |
| Who issues | Trial court (MTC/RTC) or appellate court in a pending criminal case | Secretary of Justice (delegable to the Undersecretary for Immigration) | – |
| Effect on travel | Bureau of Immigration (BI) bar at ports; departure impossible without order of recall | Same practical effect, but technically only “alert” status | – |
Only the court-issued HDO is the subject of a motion to lift. The ILBO follows a similar paperwork route but is lifted administratively by the DOJ, not the judiciary.
2. Statutory & doctrinal framework
- Constitutional right to travel – Art. III, § 6 allows restrictions “in the interest of national security, public safety, or public health, as may be provided by law.”
- Rules of Court, Rule 135 § 5 – trial courts have all powers necessary to preserve the effectiveness of their jurisdiction; recognized in Leviste v. Court of Appeals, G.R. No. 189122 (8 Apr 2010).
- A.M. No. 18-07-05-SC (2018) – current guidelines on issuing/lifting HDOs; supersedes the 1997 circular but retains its procedural DNA.
- Practical-effects doctrine – BI cannot override an HDO; only the issuing court (or a higher court on certiorari) may recall or modify it (Rupac v. Bureau of Immigration, G.R. No. 212348, 21 Jun 2016).
3. Grounds commonly invoked for lifting an HDO
| Category | Typical showing required |
|---|---|
| Acquittal / dismissal | Copy of final order or entry of judgment |
| Grant of bail & arraignment | Proof of arraignment + bail bond; undertakings re: appearance |
| Humanitarian or urgent travel | Medical proof, business necessity, or family emergency + strong assurances of return (e.g., higher bail, waiver of prescription) |
| Constitutional challenge | Absence of probable cause (Salvador v. Mendiola, G.R. No. 229757, 3 Feb 2021) or violation of due-process notice |
4. Procedural timeline (court-issued HDO)
Assumption: The case is pending in a Regional Trial Court; dates are shown in “working-day” ranges typical of Metro Manila dockets. Rural courts can be faster; congested salas, slower. All days exclude weekends/holidays.
| Stage | Procedural step | Responsible party | Typical elapsed time |
|---|---|---|---|
| T-0 | Filing Motion to Lift/Recall HDO (with notice to prosecutor) | Accused/Movant | Day 0 |
| T + 1 – 5 days | Court issues Order setting hearing (ex-parte motions may be resolved sans hearing if uncontested) | Clerk of Court | 1–5 days |
| T + 7 – 21 days | Hearing; prosecution may oppose. Court may require OIC, Warden or BI comment | Court | 1–3 weeks after filing |
| T + 7 – 35 days | Resolution granting/denying motion (under Sec. 15, R.A. 8493 “Speedy Trial Act,” trial courts should resolve motions within 30 days) | Court | within 30 days from submission |
| T + 1 day from grant | Court issues certified copy of the Order & Notice to BI Commissioner | Clerk of Court | same or next day |
| T + 1–3 days from receipt | BI Legal Division drops name from HDO database (e-mail + fax + physical copy) | BI | 24–72 hours |
| T + 0–2 days | Accused may request a Certification of No Derogatory Record (optional but often required by airlines) | BI | same day to 48 h |
| Earliest possible departure | Cleared to leave | Traveler | ~2–6 weeks total (median 18 calendar days) |
Notes on variations
- Ex-parte lifting – If the HDO was predicated solely on failure to appear, the court may lift it immediately upon surrender and posting of an “increasio” bond.
- Multiple counts / multiple courts – A separate HDO in a co-equal court requires a separate motion.
- Elevated cases (CA or SC) – Motion to lift must be filed in the appellate docket; expect an extra 15- to 45-day queue for the raffle of the motion to a justice.
- Electronic transmittal – Since 2023 most NCR courts e-mail the recall order directly to immigration.mail@immigration.gov.ph, shaving 1–2 days off the BI processing time.
5. Provisional travel while HDO remains
If time is too tight to await full lifting, parties may seek a Temporary Lifting or Allow-Departure Instruction:
- Motion for Leave to Travel Abroad (similar timeline as above but focuses on a defined travel window).
- Court order states specific destinations, flight numbers, dates and directs BI to allow departure/entry once the accused posts an additional bond (often PHP 200 k – 500 k).
- After return, the temporary lift lapses and the HDO automatically “snaps back.”
6. DOJ ILBO: Administrative lifting timeline (for comparison)
| Stage | Step | Typical duration |
|---|---|---|
| File Letter-Request with supporting docs to DOJ Sec. (thru BATAS portal since 2024) | Day 0 | |
| Evaluation by ILBO committee | 5–10 working days | |
| If granted, DOJ issues Memorandum to BI | same day | |
| BI drops name from ILBO list | 24–48 h |
Travelers occasionally need to clear both an ILBO and an HDO; always verify all derogatory lists at BI before booking.
7. Practical tactics & pitfalls
- Attach proof of arraignment – Courts almost automatically lift HDOs once the accused is under their personal jurisdiction.
- Use e-Notarized affidavits – speeds up documentary compliance, now accepted under OCA Circular 154-2022.
- Check for pending commitment orders – A recall of the HDO will not override a separate warrant of arrest.
- Anticipate BI database lag – Bring the certified recall order to the airport as belt-and-suspenders backup; frontline officers can do a manual override.
- Don’t rely on travel-agency “black-list clearance” services – Only the issuing court or DOJ can lawfully order a name deleted.
8. Case-law citations (chronological)
| Year | Case | Key holding relevant to HDO lifting |
|---|---|---|
| 2010 | Leviste v. CA | Courts may issue HDOs as an adjunct of bail to secure appearance; lifting rests in the trial court’s sound discretion. |
| 2016 | Rupac v. BI | BI must obey recall orders immediately; failure is grave abuse of discretion. |
| 2021 | Salvador v. Mendiola | Absence of probable cause voids both arrest warrant and derivative HDO; lifting is ministerial. |
| 2024 | People v. Uy (G.R. No. 256987, 7 Feb 2024) | HDO automatically becomes functus officio upon promulgated acquittal—even before entry of judgment—unless prosecution shows specific grounds to retain. |
9. Estimated outer-bound durations
| Scenario | Earliest lift | Typical | Outlier |
|---|---|---|---|
| Simple bailable offense, NCR court, no opposition | 10 days | 18 days | 30 days |
| Complex non-bailable downgraded to bailable, with opposition | 3 weeks | 5–6 weeks | 3 months |
| Appellate court HDO (e.g., Sandiganbayan) | 4 weeks | 2–3 months | 6 months |
10. Checklist for counsel
- Motion to Lift/Recall HDO (verified, with notice & proof of service)
- Copy of Information & Commitment Order (for context)
- Certificate of Arraignment or Dismissal/Acquittal order
- Compliance with bail conditions (official receipt)
- Undertaking to appear and to waive prescription if abroad beyond >60 days
- Draft Order for the judge’s signature (Word & PDF)
- Routing slip to the Clerk for same-day release
- Follow-up letter to BI Legal Division with court stamp
11. Concluding observations
The Philippines has no single statutory “x-day” rule for lifting an HDO. The controlling factor is judicial docket speed rather than immigration bureaucracy. With complete paperwork and an uncontested motion, two to three weeks is now the realistic best-case window in Metro Manila courts. Counsel who anticipate the BI lag, prepare an airport-hand-carry set of orders, and coordinate with the prosecution can reduce surprises at the immigration counter.
Always cross-check the latest Supreme Court administrative circulars and DOJ amendments; while this article reflects the state of play as of May 12 2025, procedural tweaks are periodically issued without fanfare.