Hold departure order validity

Dear Atty. Joji,

A Hold Departure Order (HDO) was issued against my brother in 2017 due to a case filed against him. As far as we know, the case was already dismissed. However, when we tried to go out of the country for a vacation, he was prevented from leaving due to an outstanding HDO. What can we do to have the HDO lifted, Atty.?

Edna

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Dear Edna,

Generally, a Hold Departure Order is only valid for five years. The Consolidated Rules and Regulations Governing the Issuance and Implementation of Hold Departure Orders, Watchlist Orders, and Allow Departure Orders, states:

Section 4. HDO/WLO Validity. — The validity period of any HDO/WLO issued pursuant to this Circular shall be reckoned from the date of its issuance. The HDO shall valid for five years unless sooner terminated. On the other hand, the WLO shall be valid for 60 days unless sooner terminated or extended, for a non-extendible period of not more than 60 days.

Section 5. HDO/WLO Lifting or Cancellation. — In the lifting or cancellation of the HDO/WLO issued pursuant to this Circular, the following rules shall apply:

(a) The HDO may be lifted or canceled under any of the following grounds:

1. When the validity period of the HDO as provided for in the preceding section has already expired;

(b) The WLO may be lifted or canceled under any of the following grounds:

1. When the validity period of the WLO as provided for in the preceding section has already expired;

From the facts presented, it appears that the HDO issued against your brother has already expired. However, the assistance of a lawyer is still needed so that a Motion to Lift Hold Departure Order may be filed with the court that issued the HDO, and an order granting the same be issued in his favor.

Hope this helps.