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    Metropolitan Trial Court: Plaintiff

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    jian jian
    This document is a motion filed in a Philippine court requesting a hold departure order be issued against a defendant charged with estafa. It summarizes that the defendant has an outstanding arrest warrant but their whereabouts are unknown. It is argued that a hold departure order is necessary to prevent the defendant from leaving the country to evade arrest given they have left the Philippines without court permission before. Legal precedent is cited establishing courts have validly restricted travel for defendants who post bail to ensure their availability. The motion requests a hold departure order be issued against the defendant.

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    Metropolitan Trial Court: Plaintiff

    Uploaded by

    jian jian
    17 views3 pages
    This document is a motion filed in a Philippine court requesting a hold departure order be issued against a defendant charged with estafa. It summarizes that the defendant has an outstanding arrest warrant but their whereabouts are unknown. It is argued that a hold departure order is necessary to prevent the defendant from leaving the country to evade arrest given they have left the Philippines without court permission before. Legal precedent is cited establishing courts have validly restricted travel for defendants who post bail to ensure their availability. The motion requests a hold departure order be issued against the defendant.

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    This document is a motion filed in a Philippine court requesting a hold departure order be issued against a defendant charged with estafa. It summarizes that the defendant has an outstanding arrest warrant but their whereabouts are unknown. It is argued that a hold departure order is necessary to prevent the defendant from leaving the country to evade arrest given they have left the Philippines without court permission before. Legal precedent is cited establishing courts have validly restricted travel for defendants who post bail to ensure their availability. The motion requests a hold departure order be issued against the defendant.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    17 views3 pages

    Metropolitan Trial Court: Plaintiff

    Uploaded by

    jian jian
    This document is a motion filed in a Philippine court requesting a hold departure order be issued against a defendant charged with estafa. It summarizes that the defendant has an outstanding arrest warrant but their whereabouts are unknown. It is argued that a hold departure order is necessary to prevent the defendant from leaving the country to evade arrest given they have left the Philippines without court permission before. Legal precedent is cited establishing courts have validly restricted travel for defendants who post bail to ensure their availability. The motion requests a hold departure order be issued against the defendant.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    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.

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