Question & AnswerQ&A (BI Operations Order No. SBM-2015-003)
A foreign fugitive from justice refers to a foreigner who: (1) Flees after conviction to avoid punishment; (2) Flees after being charged to avoid prosecution; (3) Flees from the jurisdiction of the court where the crime was committed after commission of a crime; or (4) Has been declared as a Fugitive from Justice by an authorized representative of the embassy.
The Bureau of Immigration implements the Deportation of Foreign Fugitives pursuant to its rule-making authority under Commonwealth Act No. 613, Section 3.
The embassy must provide a written declaration within five (5) working days from receipt of the deportation request confirming that the fugitive's passport has been cancelled or revoked.
The Legal Division shall charge the foreign fugitive as undesirable under Act 2711, Section 69, and refer the case to the Board of Special Inquiry (BSI).
If the passport is cancelled, the Rules on Summary Deportation apply, and the fugitive is charged for being an undocumented alien under CA 613, Section 37(a)(7).
They are charged as undesirable under Act 2711, Section 69.
The embassy must attach a copy of the decision convicting the foreign fugitive.
The embassy must attach a copy of the criminal information or charges filed against the fugitive.
BI requires a copy of the warrant of arrest issued by the court.
This Operations Order takes effect immediately upon approval on 03 February 2015.
All rules, procedures, guidelines, and previous issuances inconsistent with this Operations Order are repealed and/or modified accordingly.