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CBF C Motion To Lift HDO

This document is a motion to lift a hold departure order (HDO) that was previously issued against the accused. The motion argues that the accused is not a fugitive from justice and is not a flight risk. Annexes in support of lifting the HDO are attached. The motion requests a hearing date to have the court consider lifting the HDO. Proof of service of the motion to the prosecution, accused's counsel, private complainant, and accused is also provided.

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536 views

CBF C Motion To Lift HDO

This document is a motion to lift a hold departure order (HDO) that was previously issued against the accused. The motion argues that the accused is not a fugitive from justice and is not a flight risk. Annexes in support of lifting the HDO are attached. The motion requests a hearing date to have the court consider lifting the HDO. Proof of service of the motion to the prosecution, accused's counsel, private complainant, and accused is also provided.

Uploaded by

polbisente
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CBF D

Motion to lift HDO

Original – Court, 1st Copy – Prosecutor, 2nd Copy – Accused, Other copies as needed
Enter information in block letters in all parts of the Form except when reserved for Court use, which shall be
completed by the Clerk.

For Court Use Only


(Judicial Region)

METC/MTCC/MTC/MCTC Case No.


RTC
(Municipality/City/Province)

BRANCH

People of the Philippines , v.


,
Accused.

ATTORNEY OR PARTY WITHOUT ATTORNEY


Name
Firm Name
Address
Email Address
Tel./Cel./Fax Nos.
PTR No. Date/Place of Issuance
Roll No. Date/Place of Issuance
IBP No. Lifetime Date/Chapter
MCLE Compliance Exemption No.

Other Compliances

Attorney for
Prosecution: Public Prosecutor Private Prosecutor
Defense: Public Attorney Private Counsel
Other

MOTION TO LIFT HDO

Accused moves for the lifting of the HDO issued against him dated .

The accused is not a fugitive from justice.

The accused is not a flight risk because .

Attached as annex/es in support of this Motion is/are: .

Accused Defense Counsel

MOTION TO LIFT HDO Page 1 of 3


CBF D
Motion to lift HDO

PROOF OF SERVICE

A copy of this Motion was served upon parties and/or their counsel(s) on via
Personal Service
Facsimile or other Electronic Means

and received by the parties and/or their counsel(s) on .

Proof of such service is attached to this Motion as Annex .

Date Party/Party’s Counsel’s Signature

NOTICE OF HEARING

Public Prosecutor
Address
Private Complainant
Address

GREETINGS: Please take notice that the foregoing Motion to Lift HDO shall be submitted for
the consideration and approval of the Honorable Court on at .

Counsel for Accused

COPY FURNISHED

Person’s Name Method Place Served Date


Served
Personal Service
Trial Prosecutor Courier Service
Facsimile, Email,
SMS
Personal Service
Counsel for Accused Courier Service
Facsimile, Email,
SMS
Personal Service
Private Complainant Courier Service
Facsimile, Email,
SMS
Personal Service
Accused Courier Service
Facsimile, Email,
SMS
Personal Service
Courier Service
Facsimile, Email,
SMS
Personal Service
Courier Service
Facsimile, Email,
SMS
Proof of such service is attached to this Motion as Annex.

Date Party/Party’s Counsel’s name and signature

MOTION TO LIFT HDO Page 2 of 3


CBF D
Motion to lift HDO

SPECIAL INSTRUCTIONS

Copies to be filed with the Court


An original of this Form must be filed with the Court together with such additional copies
equivalent to the number of parties in the case, to be used by the Court in sending out its court
order contained in the same Form.

Hold Departure Orders


Hold-Departure Orders shall be issued only in criminal cases within the exclusive jurisdiction of
the Regional Trial Courts;

The Regional Trial Courts issuing the Hold-Departure Order shall furnish the Department of
Foreign Affairs [DFA] and the Bureau of Immigration [BI] of the Department of Justice with a
copy each of the Hold-Departure Order issued within twenty-four (24) hours from the time of
issuance and through the fastest available means of transmittal;

Whenever [a] the accused has been acquitted; or [b] the case has been dismissed, the judgment of
acquittal or the order of dismissal shall include therein the cancellation of the Hold-Departure
Order issued. The Court concerned shall furnish the Department of Foreign Affairs and the
Bureau of Immigration with a copy each of the judgment of acquittal promulgated or the order of
dismissal issued within twenty-four [24] hours from the time of promulgation/issuance and
likewise through the fastest available means of transmittal.

All Regional Trial Courts which have furnished the Department of Foreign Affairs with their
respective lists of active Hold-Departure Orders included in the said lists and inform the
government agencies concerned of the status of the Orders involved. (Guidelines in the Issuance
of Hold Departure Orders, OCACircular No. 39-97)

MOTION TO LIFT HDO Page 3 of 3

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