QuestionsQuestions (IMMIGRATION MEMORANDUM CIRCULAR NO. SBM-2015-010)
It covers BI legal proceedings involving: (i) deportation; (ii) cancellation of visa; (iii) inclusion/lifting of names in the BI derogatory list; and (iv) issuance of Allow Entry Order (AEO) or Allow Departure Order (ADO).
In the absence of any applicable provision in the BI Omnibus Rules, the Rules of Court apply in a suppletory manner.
The initiatory pleading must include annexes of documents supporting allegations; and it must contain (or include as an annex) an oath-based certification that (1) no other action involving the respondent is pending elsewhere (or state its status if any), and (2) if a new action is discovered, the party will report it within five (5) days. Proof of payment of filing fees must also be attached.
Prohibited pleadings include: motion to dismiss (except for lack of jurisdiction), motion for bill of particulars, petition for relief from judgment, motion for extension of time (except exceptionally meritorious grounds), motion for postponement (except exceptionally meritorious grounds), intervention, motion to hear affirmative defenses, and any motion with similar effect. Filing them is considered as the respondent’s answer.
A deportation action may be commenced by a verified complaint in the name of a private citizen or the Republic of the Philippines against any foreigner for grounds under relevant laws. Complaints must be filed with the Office of the Commissioner through the Central Receiving Unit in two (2) copies plus as many copies as there are respondents.
They are administrative in character, and subject to due process, are conducted to ascertain the truth without necessarily adhering to technical rules of judicial proceedings.
Preliminary investigation by the Legal Division through the Special Prosecutor must not exceed sixty (60) days from referral.
If patently without merit, the Special Prosecutor recommends dismissal within ten (10) days from referral, subject to review by the Chief, Legal Division, and approval/disapproval by the Commissioner. If the dismissal occurs, the respondent is not charged in deportation proceedings.
A Charge Sheet is the written accusation issued by the Special Prosecutor and approved by the Chief, Legal Division, charging a foreigner with violation of immigration laws. It includes an order that places the foreigner’s name in the BI derogatory database (Watchlist Order) to prevent leaving or adjusting immigration status.
It is valid for seven (7) working days and must contain: (1) full name, known aliases, specific address/es, and other personal circumstances; (2) names/designations of BI personnel; (3) date of issuance; and (4) directive to conduct verification/investigation and, if probable cause exists in flagrante, to effect warrantless arrest. It cannot generally be served on non-working days or non-office hours unless the subject is a fugitive or engaged in acts inimical to national peace/security as the Commissioner determines.
After arrest but before finality of the deportation order (including reopening) while records are with the BI, the foreigner may file a verified petition for release on bail. The undertaking includes readiness to post cash bond, appearance in proceedings, periodic written updates of residence/whereabouts, securing an Allow Departure Order before leaving the Philippines, allowing BI visits, and providing a one-way ticket to the country of origin/citizenship to be used in case of deportation.
A deportation order/Judgment directing deportation becomes final and executory after thirty (30) days from notice, unless within that period the foreigner files a Motion for Reconsideration or an appeal to the Office of the Secretary of Justice or the Office of the President. An appeal stays execution unless the Secretary/OP directs execution pending appeal.
(1) The legal or factual basis for which the visa was issued no longer exists; or (2) The respondent acquired the visa through fraud, misrepresentation, or concealment of a material fact.
Only a Petition and an Answer are allowed. All pleadings must be notarized or, if filed through counsel, verified.