Question & AnswerQ&A (IMMIGRATION MEMORANDUM CIRCULAR NO. SBM-2015-010)
The Rules apply to legal proceedings in the Bureau of Immigration involving deportation, cancellation of visa, inclusion/lifting of names in the BI derogatory list, and issuance of Allow Entry or Allow Departure Orders.
Deportation is an act by or under the authority of the State of removing a foreigner from Philippine territory when the foreigner's presence is found to be injurious to national interest, public health, public safety, and public interest.
An action for deportation may be commenced by a verified complaint filed by a private citizen or the Republic of the Philippines against any foreigner for grounds provided by relevant laws.
Prohibited pleadings include motions to dismiss (except for lack of jurisdiction), motions for bill of particulars, petitions for relief from judgment, motions for extension of time to file answers, motions for postponement (except for exceptionally meritorious grounds), interventions, motions to hear affirmative defenses, and any pleading similar in effect to these.
Upon determination based on intelligence reports that a foreigner has committed or is about to commit a violation of immigration laws, the Commissioner may issue a Mission Order for BI officers to conduct verification and investigation and, if probable cause exists, to effect a warrantless arrest in flagrante delicto. The Mission Order is valid for seven working days and contains specific details of the foreigner and the officers authorized to serve the order.
The preliminary investigation shall not exceed sixty (60) days from referral of the complaint, with the Special Prosecutor having specific time frames to recommend dismissal or to direct the respondent to submit an answer and determine if there is sufficient evidence to issue a Charge Sheet.
A visa may be canceled if the legal or factual basis for which the visa was issued no longer exists or if the respondent acquired the visa through fraud, misrepresentation, or concealment of material facts.
Voluntary deportation is allowed when the foreigner does not contest deportation charges and waives the right to appeal. Upon a notarized request and provided no pending criminal investigation exists, the foreigner shall be charged, detained, and deported. Voluntary deportation bars re-entry and includes blacklisting.
A foreigner under arrest may be released on bail subject to conditions including appearing at hearings, informing of whereabouts, not leaving the Philippines without an Allow Departure Order, and surrendering for deportation. Bail is forfeitable if conditions are breached, and failure to comply may lead to re-arrest without warrant.
Service shall be made by personal service through authorized BI personnel, registered mail as per the Rules of Court, or through an authorized private courier.