Miriam bill seeks to give courts sole power to issue hold orders

 

Senate Bill 3069 seeks to mandate the Justice Department to first apply with the regional trial courts for the issuance of HDOs.

 

If approved, Santiago said the measure will in effect nullify the controversial DOJ Circular No. 41 and remove from the Justice secretary the power to issue HDOs.  

 

“DOJ Circular No. 41, which allows the Secretary of Justice to motu proprio restrict a person’s constitutional right to travel upon the filing of a criminal complaint, opens the doors for political harassment and oppression,” Santiago said in a statement released Thursday.  

 

“At the same time, we cannot allow an accused to simply flout the rule of law and evade prosecution by the simple expedient of flying to another country once charges are brought against him or her," she added.

 

Earlier, the DOJ defied a temporary restraining order issued by the SC on the watchlist orders — which were implemented like HDOs — against former President Gloria Macapagal-Arroyo and her husband, Jose Miguel Arroyo.

 

Santiago explained that courts already possess the inherent power to issue HDOs.

 

“This power is indispensable in upholding the integrity of our institutions and ensuring that our people maintain faith and respect for the rule of law.  Absent such power, our laws may be ignored with impunity and public safety compromised by an accused who can simply go to another country to evade prosecution and arrest.”

 

“By requiring the DOJ to apply to the courts for the issuance of an HDO, the bill reconciles the DOJ’s need to effectively carry out its prosecutorial functions with the constitutional guarantee of the right to travel,” she said.

 

Under SB 3069, no HDO shall be granted without hearing and prior notice to the person subject of the HDO.

 

"The only exception is when the person is a flight risk and such flight may result either in a miscarriage of justice, or prejudice against national security, public safety, or public health," said Santiago.

 

But in such cases, SB 3069 says the court can issue a temporary HDO which would be effective for 30 days. Within that period, the court shall require the person to explain why a permanent HDO should not be granted by the court.

 

The measure also says that a person subject of the HDO may apply for an allow departure order in the case of "exceptional reasons." — RSJ, GMA News