Title
Visa Approval Process Rules
Law
Bi Memorandum Order No. Mcl-09-012
Decision Date
Jun 3, 2009
A Philippine law aimed at expediting government transactions and imposing penalties for non-compliance, requiring the Board of Commissioners to resolve visa applications within ten days and prohibiting individual actions by board members.
A

Questions (BI MEMORANDUM ORDER NO. MCL-09-012)

The main objectives are to prevent unnecessary delays, hasten government transactions, and provide stiff penalties for non-compliance.

The Board of Commissioners (BOC) convenes as a collegial body with a quorum present, with the Commissioner of Immigration presiding as BOC Chairman.

The decision of any two members of the Board of Commissioners (BOC) shall prevail.

No, individual acts, decisions, resolutions, orders, or correspondences by BOC members on such matters are unauthorized and are set aside.

Each decision or resolution must clearly and distinctly state the facts and the applicable law.

BOC members have three (3) days after deliberation to submit written separate opinions or comments; otherwise, this privilege is waived.

Visa applications must be decided within ten (10) days following submission.

Parties shall be notified personally or through registered mail addressed to their counsel on record, or directly to them, using the fastest means available, with proof of notice attached to the application.

The decision becomes final and executory ten (10) days after receipt by the parties unless an appeal or judicial review is perfected.

One motion for reconsideration is allowed and must be resolved within three (3) days upon submission.

They are conclusive and not subject to review except in cases of fraud, imposition, or mistake other than an error of judgment in estimating the evidence's value or effect, provided there is some evidence supporting the finding.

The appearance of the parties, their counsel or authorized representatives, and the payment of duly-receipted fees.

No, additional documents cannot be imposed unless expressly authorized by the Commissioner of Immigration.

The Executive Officer must submit weekly reports of implemented and unimplemented visas to the BOC Secretary and BI-IDAP Coordinator for monitoring and recording performance indicators.

They must be inventoried and transmitted without delay to the BOC Secretary for deliberation.

The Office of the President, Secretary of Justice, Associate Commissioners of the Bureau of Immigration, Executive Director, Secretary of the Board of Commissioners, BI-IDAP Coordinator, PAGC, and the National Administrative Register at the U.P. Law Center.

It took effect immediately upon adoption on June 3, 2009.


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