Republic of the Philippines

National Capital Judicial Region

METROPOLITAN TRIAL COURT
Branch __, ___ City

PEOPLE OF THE
PHILIPPINES,
Plaintiff,

_____________
-versus- For: Estafa under Art. 315 par. 2 (a)
of the Revised Penal Code

xxxxxxxxxxxxxxxxxxxxxxxxxxx,
Accused.
x--------------------------------------------------x

URGENT MOTION FOR THE ISSUANCE

OF A HOLD DEPARTURE ORDER
------------------------------------------------

Private Complainant, through private prosecutor, under the direct

control and supervision of the public prosecutor, respectfully moves for the
issuance of a Hold Departure Order against accused O, upon the following
presentation:

1. On date, this Honorable Court issued a warrant of arrest against

accused with bail for her temporary liberty fixed in the amount of
Php120,000.00. As of date, accused has not yet been arrested and her
whereabouts are unknown.

2. Unfortunately, however, it has come to the attention of

complainant that the accused left the country several times without permission
from this Honorable Court.

3. Due to the foregoing, there is a high probability that the accused

may depart from the Philippines to evade arrest. Even assuming arguendo that
accused posted bail, still, she may not leave the country without this Honorable
Court’s knowledge and approval. In the case of People vs. Binay,1 the
Supreme Court ruled:

"The condition imposed upon petitioner to make himself

available at all times whenever the court requires his

1
SB-16-CRM-0077-0084, 01 February 2017.
 presence operates as a valid restriction on his right to travel.
As we have held in People vs. Uy Tuising, 61 Phil. 404 (1935):

the result of the obligation assumed by appellee (surety) to hold

the accused amenable at all times to the orders and processes of
the lower court, was to prohibit said accused from leaving the
jurisdiction of the Philippines, because, otherwise, said orders
and processes will be nugatory, and inasmuch as the jurisdiction
of the courts from which they issued does not extend beyond
that of the Philippines they would have no binding force
outside of said jurisdiction. Indeed, if the accused were allowed
to leave the Philippines without sufficient reason, he may be
placed beyond the reach of the court.”2

4. Consequently, complainant moves that a hold departure order be

issued against the accused.

PRAYER

WHEREFORE, premises considered, private complainant, by counsel,

respectfully prays that this Honorable Court ISSUE a Hold Departure Order
against accused.

Complainant prays for such further or other reliefs as may be just or

equitable.

City, 13 March 2019.

EXPLANATION

Due to time, distance and manpower constraints, this Motion is being

served by licensed private courier.

LawOffice
Private Prosecutor
Unit 2201, Atlanta Centre, Annapolis Street
Greenhills, City of San Juan, Metro Manila
Telephone: 5714886
by:

2
Emphasis Supplied.