Travel Clearance After the Provisional Dismissal of a Criminal Case
(Philippine legal perspective, updated to 27 May 2025)
1. The Constitutional Baseline
The right to travel is guaranteed by Art. III §6 of the 1987 Constitution, but it is not absolute; it may be limited “in the interest of national security, public safety or public health, as may be provided by law.” Hold-departure, lookout and similar orders are the statutory/administrative instruments that give effect to those limits. (RESPICIO & CO.)
2. What “Provisional Dismissal” Means
Provisional dismissal under Rule 117 §8 of the Rules of Criminal Procedure is a temporary termination of the case that may be revived within fixed periods:
| Offence penalty | State’s window to revive |
|---|---|
| ≤ 6 years imprisonment or fine only | 1 year |
| > 6 years imprisonment | 2 years |
If the prosecution (or the offended party) does not move for revival within those windows, the dismissal ripens into a permanent bar; any refiling thereafter is vulnerable to double-jeopardy and speedy-trial objections. (RESPICIO & CO., RESPICIO & CO.)
3. Travel-Ban Regimes You May Encounter
| Instrument | Who Issues? | Stage of Case | Current Status | Key References |
|---|---|---|---|---|
| Hold Departure Order (HDO) | Regional Trial Courts (RTC) per OCA Cir. 39-97 | After information is filed | Valid; must state complete identifiers; BI and DFA must be served within 24 h | (Chan Robles Virtual Law Library, RESPICIO & CO.) |
| Precautionary HDO (PHDO) | RTCs under A.M. No. 18-07-05-SC | Before information is filed, for crimes ≥ 6 yrs min penalty or if respondent is foreigner | Valid; remains until lifted or case dismissed | (Google Sites) |
| Watch-List / DOJ HDO / Allow Departure Order (ADO) | Secretary of Justice under DOJ Cir. 17/18/41 | Preliminary investigation stage | Power struck down as unconstitutional in Genuino v. De Lima (G.R. 197930, 17 Apr 2018) — the BI no longer honors them | |
| Alert/Look-Out Bulletin Order (ALO/LBO) | BI Commissioner | Intel-driven, administrative | May delay departure but not an outright ban; can be lifted on request with proof of dismissal | (Respicio & Co.) |
Recent OCA Circular 83-2024 again reminded trial courts to follow Cir. 39-97 strictly when issuing or lifting HDOs. (Office of the Court Administrator)
4. Effect of a Provisional Dismissal on Each Regime
Court-issued HDO – The legal basis (the pending indictment) disappears. File a Verified Motion to Lift/Recall HDO citing the dismissal; courts almost always grant it, subject to compliance with any bail obligations or undertakings. (RESPICIO & CO.)
PHDO – §7 of the Rule lets the respondent move to lift or temporarily lift the order once the prosecutor dismisses the complaint or finds no probable cause. The judge may require a travel bond and an itinerary/undertaking. (Google Sites)
DOJ-based WLO/HDO/ADO – Because DOJ Circular 41 was voided, these orders have no continuing force. A simple letter with a certified copy of the dismissal, routed to the BI Legal Division, suffices to have your name deleted.
Bail Conditions – Bail is automatically exonerated once the dismissal becomes final; any “no-travel” condition tied to the bond likewise terminates. Ask the clerk of court for a certificate of cancellation of bond to avoid airport questions. (Respicio & Co.)
5. Step-by-Step Guide to Securing Actual Departure Clearance
| Step | What to Do | Practical Tips |
|---|---|---|
| 1. Verify pending alerts | Have a representative check with BI-Legal if your name is on the HDO/PHDO/Alert List. | Bring passport copy & case docket number. |
| 2. Gather documents | – Certified copy of the Order of Provisional Dismissal – Certificate of no pending MR/appeal – Proof of bail compliance (OR) |
Make at least 5 certified sets; BI keeps two. |
| 3. File motion | Motion to Lift/Recall HDO or Verified Motion to Lift PHDO in the trial court that issued it. | Attach draft Order for judge’s signature and an undertaking (e.g., to appear if case is revived and to waive prescription if abroad > 60 days). (RESPICIO & CO.) |
| 4. Court appearance & bond (if required) | Be ready to post a cash or surety bond (typical ₱30k–₱100k for international travel) and submit your itinerary. | Judges may allow single-trip authority instead of total lifting if the revival window is still running. |
| 5. Serve the lifting order | Within 24 h of issuance, furnish certified copies to: • BI Legal Division • Airport Operations Division (NAIA, Mactan, Clark, etc.) • DFA (for HDO) |
Hand-carry a file-stamped copy when you fly. |
| 6. Optional clearances | For visa purposes, secure an updated NBI Clearance which will now reflect “No Criminal Record.” (Respicio & Co.) |
6. What Happens If the Case Is Revived?
If the prosecution moves within the 1-/2-year window and the court admits a new information, travel restrictions spring back to life — a fresh HDO can issue, or the PHDO is reinstated. People v. Lacson illustrates how a murder case provisionally dismissed in 1999 was revived in 2001 (still within the 2-year bar) and a new set of travel restraints followed. (Batas.org)
Conversely, once the time-bar lapses without revival, the dismissal becomes permanent; any future travel ban premised on the same facts would be void for double-jeopardy and speedy-trial violations. (RESPICIO & CO.)
7. Frequently-Asked Questions
| Question | Short Answer |
|---|---|
| Will BI still see my case after the lifting order? | No — once BI Legal encodes the court order, its system turns the HDO/PHDO entry to “cancelled.” Bring the certified copy for good measure. |
| Can I ask for “travel authority” instead of full lifting while the dismissal is still provisional? | Yes. Courts sometimes issue a Travel Permit valid for specific dates and destinations, subject to a bond; this is faster when revival is still possible. |
| Does the dismissal erase the blotter entry or NBI “hit”? | A provisional dismissal remains a hit until you submit the lifting order; afterwards the NBI database eventually reflects “No record.” |
| What if the offense was only punishable by ≤ 6 years and it’s been > 1 year? | The dismissal is now with prejudice; any immigration watch should disappear once you show proof of the lapsed period. |
8. Key Take-Aways
- Check which travel-ban instrument applies; different lifting rules follow.
- Secure the court order first; BI will not act without it.
- Mind the revival clock (1 or 2 years) — during that window a judge may prefer temporary lifting with a bond rather than an outright recall.
- DOJ-issued bans no longer stand after Genuino; the front-line agency today is the court (for HDO/PHDO) and the BI for administrative alert lists.
Handle the paperwork diligently and keep certified copies with you when you fly; immigration officers will clear you once their system shows your name is no longer subject to any active HDO, PHDO, or alert.
(Prepared 27 May 2025. For complex situations or urgent departures, consult counsel experienced in immigration-criminal interface.)