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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 Jurisprudence

Practice question

The prosecutor finds probable cause and files an information in a criminal court different from the RTC that issued the PHDO. A party claims the PHDO case must forever remain isolated from the criminal case. What does Section 5 provide on the prosecutor’s motion?
  1. The two courts must always prosecute separately on the same information.
  2. The PHDO automatically becomes an acquittal.
  3. The PHDO case shall be consolidated with the court where the criminal information is filed.
  4. The information is void merely because a different RTC issued the PHDO.
  5. A private complainant may choose to abolish either court.

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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