House rushes bill on HDO, WLO

MANILA, Philippines - The House of Representatives is rushing consideration of two bills on the issuance of hold departure orders (HDOs) and watchlist orders (WLOs).

HDOs and WLOs seek to restrict overseas travel for individuals facing criminal charges or who are perceived to be security threats or flight risks.

Iloilo Rep. Niel Tupas Jr., who chairs the committee on justice, said yesterday he has received instructions from Speaker Feliciano Belmonte Jr. to expedite action on the two bills.

He said his committee would consolidate the two measures – one authored by Minority Leader Edcel Lagman and the other by Marikina Rep. Miro Quimbo.

Lagman’s proposal is to vest the authority to issue an HDO exclusively in courts.

It would deprive the Department of Justice (DOJ) of the power to prevent a citizen accused of a crime from leaving the country.

While the DOJ can still issue a WLO under the Lagman bill, its purpose is to serve as basis for the department to obtain an HDO from a court.

The opposition leader introduced the measure after the DOJ issued WLOs on former president and now Pampanga Rep. Gloria Macapagal-Arroyo and her husband and subsequently barred them from boarding a flight to Hong Kong.

On the other hand, the Quimbo bill expressly grants the secretary of Justice the power to prevent any citizen from leaving the country through the issuance not only of a WLO but of an HDO as well.

Quimbo said his proposal seeks to “prevent any miscarriage of justice, protect national security, guard public safety, and ensure public health.”

“It will settle any doubt on the power of the secretary of Justice to prevent the flight of any respondent whose case is not yet filed with the court but is still undergoing preliminary investigation,” he said.

He said his bill would prevent a repeat of the airport spectacle of Arroyo and her husband trying to leave the country and immigration officers preventing them.

“Attempts to go out of the country like that and flights like that of Ramona Bautista (a suspect in the murder of her brother Ramgen) can be prevented,” he said.

The authority of the Justice secretary to sign a WLO, which has the same force and effect as a court-issued HDO, is contained under DOJ Circular 41, issued during the Arroyo administration.

During the Arroyo presidency, then Justice Secretary Raul Gonzales invoked the same circular in preventing then Bayan Muna congressman Satur Ocampo, an Arroyo critic, from traveling abroad.

Ocampo had to obtain an allow departure order (ADO) in the few times that he went abroad.

Speaking to members of the Tupas committee on Wednesday, retired Supreme Court Justice Vicente Mendoza sounded in favor of the Quimbo bill.

“The State will be defenseless if it cannot impair the right to travel without a court order,” he said.

Mendoza said if the Lagman proposal becomes law, persons under preliminary investigation could invoke their right to travel and leave the country.

He said even individuals arrested by the police or private citizens without warrants could avail themselves of such right and escape prosecution and punishment.

“These are those who are about to commit a crime, who are committing a crime in the presence of a law enforcer or a citizen, or who are fleeing a crime scene. They are subject to warrantless arrest,” he said.

He added that it would take time for a court to issue an HDO, considering that the Lagman proposal would require due notice and hearing.

The accused would have already flown out of the country by the time the court issues the HDO, he said.

Mendoza said even persons arrested but out on bail and those detained for crimes where the right to bail is not available could invoke their right to travel if they are not covered by a court-issued HDO.