Section 34Sec./Art. 34

Restriction on the Right to Travel. - Prior to the filing of an information for any violation of Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act, the investigating prosecutor shall apply for the issuance of a precautionary hold departure order (PHDO) against the respondent upon a preliminary determination of probable cause in the proper Regional Trial Court.

Upon the filing of the information regarding the commission of any acts defined and penalized under the provisions of this ACT, the prosecutor shall apply with the court having jurisdiction for the issuance of a hold departure order (HDO) against the accused. The said application shall be accompanied by the complaint-affidavit and its attachments, personal details, passport number, and a photograph of the accused, if available.

In cases where evidence of guilt is not strong, and the person charged is entitled to bail and is granted the same, the court, upon application by the prosecutor, shall limit the right of travel of the accused to within the municipality or city where h/she resides or where the case is pending, in the interest of national security and public safety, consistent with Article III, Section 6 of the Constitution. The court shall immediately furnish the DOJ and the Bureau of Immigration (BI) with the copy of said order. Travel outside of said municipality or city, without the authorization of the court, shall be deemed a violation of the terms and conditions of his/her bail, which shall be forfeited as provided under the Rules of Court.

He/she may also be placed under house arrest by order of the court at his/her usual place of residence.ℒαwρhi৷

While under house arrest, he/she may not use telephones, cellphones, e-mails, computers, the internet, or other means of communications with people outside the residence until otherwise ordered by the court.

If the evidence of guilt, is strong, the court shall immediately issue an HDO and direct the DFA to initiate the procedure for the cancellation of the passport of the accused.

The restrictions above-mentioned shall be terminated upon the acquittal of the accused or the dismissal of the case file against him/her or earlier upon the discretion of the court on motion of the prosecutor or of the accused.