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Philippine Bar review · Question

Practice question: Watchlist, Hold Departure Orders, and Precautionary Hold Departure Orders (See also AM 18-07-05-SC)

Multiple Choice Hard

Practice question

A prosecutor applies in the proper RTC after a complainant's motion concerning a covered offense. The judge finds probable cause but expressly finds no high probability that the respondent will leave to evade arrest and prosecution. The complainant nevertheless demands a PHDO because filing a complaint must automatically stop travel. Which is best?
  1. The complaint automatically controls
  2. The complainant may sign the order instead
  3. The stated Section 4 grounds are incomplete, so the application cannot be granted on these findings
  4. The prosecutor's title eliminates the flight-risk inquiry
  5. Probable cause conclusively proves every future travel plan

Legal references

  • A.M. No. 18-07-05-SC, August 7, 2018, Rule on Precautionary Hold Departure Order, Sections 1-5, quoted in Garcia v. Sandiganbayan, G.R. Nos. 205904-06, October 17, 2018, main opinion: https://lawphil.net/judjuris/juri2018/oct2018/gr_205904-06_2018.html

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