A PRECAUTIONARY hold departure order (HDO) issued against former Speaker Ferdinand Martin G. Romualdez may be challenged and lifted upon motion before the Sandiganbayan, a lawyer from the Free Legal Assistance Group (FLAG) said.
“Pwede ‘yang mabaliktad kasi ex parte ito eh,” said lawyer Antonio Audie Bucoy in a radio interview over dzBB.
The precautionary HDO was issued by the Sandiganbayan upon application by the Office of the Ombudsman as part of the supposedly ongoing investigation into alleged irregularities in flood control projects.
Bucoy said the order is issued ex parte—meaning it is filed by one party without prior notice to the other side—allowing the court to act based solely on the evidence presented by the applicant.
“Ex parte, noong nag-apply ang Ombudsman, walang notice sa kabila. Sila lang ang magpi-presenta ng ebidensya kung bakit ang precautionary [HDO] ay dapat iutos ng Sandiganbayan,” Bucoy said.
Bucoy said the ex parte nature of the order allows authorities to act swiftly, but also gives the respondent the opportunity to challenge it once notified.
Bucoy said such an order may be challenged on grounds of lack of probable cause, prematurity in the absence of a preliminary investigation, and the absence of any flight risk.
“Sasabihin mo, ‘number one, eh wala namang probable cause. Number two, masyadong premature, masyadong maaga, wala pang preliminary investigation. And then number three, I am not a flight risk, hindi ako tatakas,’” Bucoy said.
He said the Sandiganbayan may lift the order if these grounds are established.
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