Practice question
After preliminary investigation, the prosecutor dismisses the complaint for lack of probable cause. A PHDO remains issued by an RTC. What does Section 5 expressly allow the respondent to do with the dismissal?
- Treat it as permission from any private carrier to ignore the court
- Use it to convict the complainant automatically
- Require every official to destroy all case records
- Use the dismissal as a ground to seek lifting of the PHDO before the issuing RTC
- Obtain a new passport that automatically vacates the order
Legal references
- Supreme Court A.M. No. 18-07-05-SC, August 7, 2018, Rule on Precautionary Hold Departure Order, Sections 2-8, quoted in Garcia v. Sandiganbayan, G.R. Nos. 205904-06, October 17, 2018, main decision: https://lawphil.net/judjuris/juri2018/oct2018/gr_205904-06_2018.html
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