No element of surprise
It is not the first time that a government office announced it would file charges in court then belatedly ask for a hold departure order on the suspect.
This delay could end up with the suspect scot-free or enjoying freedom in another country. This is easy for people who can afford to leave the Philippines at a moment’s notice. A three-day interval between the time of the announcement and the issuance of a hold departure order would literally mean the world to a suspect. Not the best way to catch and prosecute a criminal.
Why not do both at the same time? Why not make the announcement when the case is actually filed in court and a request for an order to prevent the suspect from leaving made as well? Otherwise, the element of surprise is lost.
This is not the first time a case went this way, with the suspect already out of the country even before the court case is filed. But this practice should be corrected to make enforcement of laws fruitful, the fruit being the accused person facing the judge.
The court is the best forum for Cebu-based businessman Peter Go Lim to clear his name after years of twists and turns in the story that started with President Rodrigo Duterte naming him as one of the country’s biggest drug lords and threatening Lim that “he will die.” Lim now has the opportunity to declare his innocence, face his accusers, and answer every accusation in court after the Department of Justice (DOJ) panel assigned to investigate him ruled Friday that he should be charged with the crime of conspiracy to commit illegal drug trading.
The panel announced its decision in a statement to media last Friday. Three days later, or Monday, the DOJ asked the Makati Regional Trial Court to issue a hold departure order against Lim. It was an urgent motion as a warrant of arrest has yet to be issued against Lim.
The DOJ said, among the accused, it was Lim who has a history of traveling to other countries and the resources to do so. “He is still at-large since there is no warrant of arrest issued against him as of this writing. He is clearly a flight risk given his vast resources,” a SunStar report quoted the DOJ.
Under Bureau of Immigration rules, a hold departure order to prevent an individual from leaving the Philippines may be filed once a criminal case is pending before the Regional Trial Court. The court will then direct the Immigration bureau to hold the departure of the person named in the order. If requirements for a hold departure order cannot be met yet, there is the option of applying for an Immigration Lookout Bulletin Order.
Lim, confessed drug distributor Kerwin Espinosa and two others will face the crime of conspiracy to commit illegal drug trading, a capital offense punishable by reclusion perpetua. Lim and company will not be entitled to bail or cannot be freed from jail after their arrest and while the case is pending.