Saturday, August 21, 2010

Is it legal to leave the philippines if a criminal case is still pending in the court of appeals ?

a friend left the philippines while hew was on bail and is going to re-enter the country.will there be any legal problems?Is it legal to leave the philippines if a criminal case is still pending in the court of appeals ?
Ethically speaking, if he was out on bail, he shouldnt have left the country, because bail only offers temporary liberty - which means he has to be 'on-call' shall there be a hearing re his case.





But considering the present judicial system in the philippines, it is just too easy to assume that most rules are not being implemented nor monitored by the concerned authorities. One may need to petition for a Hold Departure Order from the court to oblige the authorities to stop someone from getting out of the country.





Criminal cases (unlike civil cases) had to be initiated with a preliminary investigation, and your friend, being granted with the privilege of bail, apparently hadnt committed a grave offense, otherwise, he wouldnt have been given that option. And he is on his way back right? I doubt it if he'll be arrested or something (upon his arrival) unless otherwise, there had been an outstanding arrest warrant that was issued against him, subsequential to his bail.Is it legal to leave the philippines if a criminal case is still pending in the court of appeals ?
No, there will be no legal problems, as long as there is no hold departure order against him isssued by the courts





Excuse me but he said the case is pending in the court of appeals so there will be no more scheduled hearings to be set. And there will be no pending warrants of arrest because he is out on bail





Again, he will not be detained by immigration authoritiesif there is no hold departure order against him.
if he is not going to attend the scheduled court hearings, he would be issued a warrant of arrest. But if his departure was for health reason, the court may give some grace period until he returns. And if he didn't, if the country he was allowed to go have treaties with the grp, he would be arrested there and deported back here.
if theres no warrant of arrest filed to yer friend then its a green sign, re entering the country is a different story yyer friend might be arrested at immigration


is it really ye mate with legal problems and not yer frnd???
He will likely be arrested at immigration checkpoint upon arrival.

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