Hold Departure for A Friend

[happywifeymom 4]

Hello my dear fellow members,

Just wanna ask a few questions for a friend who needs help.

She asked here before about her brother owing a big amount of money in the Philiipines. And my friend signed as the co borrower. Now the woman whom they owed money threatened her and her family. She is planning to go back to the Philippines this Christmas and the woman threatend her that she will be held at the airport when she comes back.

Is this possible that one will have a hold departure order just because her brother owed money and failed to pay?

Her brother was able to get a passport, police clearance, NBI clearance just recently,,does this mean his brother don't have a criminal or civil case record for the money he owed coz he was granted this clearance?

Thank you very much.

[Darnell 8,478]

this is 'private money lender', right ?

anything 'legal' that is attempted, usually means the private money lender will get attorney involved, or pay the police for special services. Try to focus on that , as IF the private money lender was successful in 'starting legal action' - will be a paper trail of legal documents.

Otherwise, it's just a thug who is threatening... Of course - that is serious too, can be kidnapped, held for ransom or payoff of the debt.

Be sure to review any paperwork that your friend's family has signed.

Edited June 18, 2010 by Darnell

[happywifeymom 4]

this is 'private money lender', right ?

anything 'legal' that is attempted, usually means the private money lender will get attorney involved, or pay the police for special services. Try to focus on that , as IF the private money lender was successful in 'starting legal action' - will be a paper trail of legal documents.

Otherwise, it's just a thug who is threatening... Of course - that is serious too, can be kidnapped, held for ransom or payoff of the debt.

Be sure to review any paperwork that your friend's family has signed.

Thank you, It is not a private lender its a friend .

[Darnell 8,478]

then it's even more private than you think - eek !

[JimVaPhuong 4,863]

I don't mean to be rude, but this topic has nothing to do with US immigration, or even US law. This is a matter of law in the Philippines. It might be more appropriate to post this question is the Philippine regional forum.

[VanessaTony 3,567]

I don't mean to be rude, but this topic has nothing to do with US immigration, or even US law. This is a matter of law in the Philippines. It might be more appropriate to post this question is the Philippine regional forum.

Alright I'll move it

**moved from "Effect of Major Family changes" to "Philippines Regional forum" as this isn't a US immigration qn, more a Philippines qn**

**Edit - it could almost have stayed in the previous forum given that the LPR's was threatened that she wouldn't be able to leave the Philippines if she went back there, but as it not a US immigration issue that's preventing her (and it's not a qn about how this would affect her US immigration), the Regional forum should know more about Philippine law regarding "hold departure orders" etc

Edited June 19, 2010 by Vanessa&Tony

[rheanick 42]

Hello my dear fellow members,

Just wanna ask a few questions for a friend who needs help.

She asked here before about her brother owing a big amount of money in the Philiipines. And my friend signed as the co borrower. Now the woman whom they owed money threatened her and her family. She is planning to go back to the Philippines this Christmas and the woman threatend her that she will be held at the airport when she comes back.

Is this possible that one will have a hold departure order just because her brother owed money and failed to pay?

Her brother was able to get a passport, police clearance, NBI clearance just recently,,does this mean his brother don't have a criminal or civil case record for the money he owed coz he was granted this clearance?

Thank you very much.

Why can't your friend pay the woman. The woman lend them the money.

When your friend signed the co-borrower, she accepted the fact that she also owes money to that woman.

If your friend pays the woman, then this issue is over. IT IS THE WOMAN'S RIGHT TO GET BACK HER MONEY!

[Fudpukker 18]

She needs to pay what she owes. I can't blame the women for getting angry. Your friend signed the dotted line as a co borrower so now she needs to step up to the plate and live up to it. If she gets held at the airport then its her own fault.

[Pinay Wife 47]

She is planning to go back to the Philippines this Christmas and the woman threatend her that she will be held at the airport when she comes back. Is this possible that one will have a hold departure order just because her brother owed money and failed to pay?

It is not possible to have a hold departure order unless a criminal case has been filed and a court order has been issued. Pero ito lang ang masasabi ko, ANG UTANG AY DAPAT BAYARAN.

http://immigration.g...id=58&Itemid=34

CIRCULAR NO. 39-97

TO : ALL JUDGES

SUBJECT : GUIDELINES IN THE ISSUANCE OF HOLD-DEPARTURE ORDERS.

In order to avoid the indiscriminate issuance of Hold-Departure Orders resulting in inconvenience to the parties affected, the same being tantamount to an infringement on the right and liberty of an individual to travel and to ensure that the Hold-Departure Orders which are issued contain complete and accurate information, the following guidelines are hereby promulgated:

• Hold-Departure Orders shall be issued only in criminal cases within the exclusive jurisdiction of the Regional Trial Courts;
• The Regional Trial Courts issuing the Hold-Departure Order shall furnish the Department of Foreign Affairs [DFA] and the Bureau of Immigration [bI] of the Department of Justice with a copy each of the Hold-Departure Order issued within twenty-four (24) hours from the time of issuance and through the fastest available means of transmittal;
• The Hold-Departure Order shall contain the following information:
  A. The complete name (including the middle name), the date and place of birth and the place of last residence of the person against whom a Hold-Departure Order has been issued or whose departure from the country has been enjoined;
  B. The complete title and the docket number of the case in which the Hold-Departure Order was issued;
  C.The specific nature of the case; and
  D. The date of the Hold-Departure Order.
  If available, a recent photograph of the person against whom a Hold-Departure Order has been issued or whose departure from the country has been enjoined should also be included.
• Whenever [a] the accused has been acquitted; or the case has been dismissed, the judgment of acquittal or the order of dismissal shall include therein the cancellation of the Hold-Departure Order issued. The Court concerned shall furnish the Department of Foreign Affairs and the Bureau of Immigration with a copy each of the judgment of acquittal promulgated or the order of dismissal issued within twenty-four [24] hours from the time of promulgation/issuance and likewise through the fastest available means of transmittal.

All Regional Trial Courts which have furnished the Department of Foreign Affairs with their respective lists of active Hold-Departure Orders included in the said lists and inform the government agencies concerned of the status of the Orders involved. This Circular revokes Circular No. 38-94 dated 6 June 1994 and Circular No. 62-96 dated 9 September 1996, takes effect immediately and shall remain in force until further orders. For strict compliance. [sgd.] ALFREDO L. BENIPAYO Court Administrator

Edited June 21, 2010 by Pinay Wife

[happywifeymom 4]

Why can't your friend pay the woman. The woman lend them the money.

When your friend signed the co-borrower, she accepted the fact that she also owes money to that woman.

If your friend pays the woman, then this issue is over. IT IS THE WOMAN'S RIGHT TO GET BACK HER MONEY!

My friend was willing to pay. The amount borrowed was in installment basis .. they borrowed $1000 for 1 year and the lender(friend) wants my friend to pay the whole amount back in just one payment that is why

my friend did not agree and can not pay at once.

Is it acceptable that u borrowed a certain amount for one year in installment basis and then wants u to pay her back one time?

[Pinay Wife 47]

Depends on what they agreed upon in the contract. What did their contract state?

Edited June 21, 2010 by Pinay Wife

[happywifeymom 4]

Depends on what they agreed upon in the contract. What did their contract state?

Contract says they have to pay the whole amount within 1 year but her friend want her to pay it at once.

[Pinay Wife 47]

Do you know if there is a provision that states that "If borrower is more than ____ late in making any payment, Lender may declare the entire balance as due immediately" (or something to that effect)?

If there is such a provision and indeed there was a delay in payment, then the Lender can demand immediate payment even if the one year contract is not up.

There could also be other provisions that could have put the Borrower in default that would result in the principal being due immediately. You need to read the contract thoroughly.

[happywifeymom 4]

Do you know if there is a provision that states that "If borrower is more than ____ late in making any payment, Lender may declare the entire balance as due immediately" (or something to that effect)?

If there is such a provision and indeed there was a delay in payment, then the Lender can demand immediate payment even if the one year contract is not up.

There could also be other provisions that could have put the Borrower in default that would result in the principal being due immediately. You need to read the contract thoroughly.

Thank you . Will let her know this.As far as I know there was no formal contract it was just a piece of paper with the amount of money owned and payable for 1 year. it was not stated how much should be paid each month to pay the whole amount for 1 year.The rest is verbal lang.

[Pinay Wife 47]

The fact that she signed something indicates that there was a contract even if it was not formal.

Bear in mind that many verbal agreements are legally binding and a Lender can demand payment without a written contract. There are many ways to prove in court that the Lender was owed money, especially since she signed what I believe was a promissory note.

That being said, no hold departure orders can be issued if a case is not filed in court.