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?
- The complaint automatically controls
- The complainant may sign the order instead
- The stated Section 4 grounds are incomplete, so the application cannot be granted on these findings
- The prosecutor's title eliminates the flight-risk inquiry
- 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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