Precautionary hold departure order

Dear PAO,

I filed a complaint for less serious physical person who beat me inside a bar before the pandemic lockdown. After learning that this person is relatively well-off, I heard that he might goto another country to eva de any liability. Because of this, can a Hold Departure Order be issued against him? Zeb

Dear Zeb,

I regret to hear your situation. Nevertheless, to answer your query, allow me to lead your attention to the provisions of AM 18-07-05-SC, otherwise known as the Rule on Precautionary Hold Departure Order. Section 1 of the said rule states:

“Section 1. Precautionary Hold Departure Order.—is an order in writing issued by a court commanding the Bureau of Immigration to prevent any attempt by a person suspected of a crime to depart from the Philippines, which shall be issued ex-parte in cases involving crimes where the minimum of the penalty prescribed by law is at least six years and one

day or when the offender is a foreigner regardless of the imposable penalty.” (Emphasis supplied) As can be gleaned from the cited rule, a Precautionary Hold Departure Order can be issued if the crime involved prescribes a minimum penalty of six years. To determine whether a Hold Departure Order may be issued, it is important to determine the prescribed penalty for the crime of Less Serious Physical Injuries, viz:

“Article 265. Less serious physical injuries. — Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten days or more, or shall require medical assistance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arrestomayor.”

In this light, Article 27 of Act 3815, commonly known as known as “The Revised Penal Code,” defines arresto mayor as follows:

“Arresto mayor. — The duration of the penalty of arresto mayor shall be from one month and one day to six

months.” (Emphasis supplied)

You mentioned that the case that you filed is for less serious physical injuries. Since the prescribed penalty in your query is only one month and one day to six months, it follows that a Precautionary Hold Departure Order will not be issued. At any rate, this is without prejudice to the other available remedies that you may resort to in order to enforce and protect your rights.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’ s note: Dear PA O is a daily column of the Public Attorney’ s Office. Questions for ChiefAcostamaybesenttodearpao@manilatimes.net