Question & AnswerQ&A (BI OPERATIONS ORDER NO. SBM-2014-052)
The Bureau of Immigration exacts bonds on aliens pursuant to Commonwealth Act No. 613, Section 40.
The primary purpose is to set clear and concrete guidelines on the documentary requirements to be submitted for the release of posted cash bonds by aliens.
The required documents include: original or certified true copy of the Order directing the posting of cash bond; original or certified true copy of the Order of refund of cash bond duly signed by the Commissioner; request for refund of claimant; original official receipt of the cash bond deposit; filing fee official receipt number for the refund of cash bond; and legal research fee official receipt.
An authorized representative must submit a Special Power of Attorney valid for six months and a valid identification (ID) of the claimant, in addition to the documents required under Section 1.
The Legal Division must forward the draft order within seven (7) days from the filing of the request for release/refund of the posted cash bond.
The Finance and Management Division (FMD) and Cash Section are responsible for issuing the appropriate check for encashment of the cash bond refund.
The Order took effect 15 days from its receipt by the Office of the National Administrative Register (ONAR), U.P. Law Center, U.P. Diliman, Quezon City, following its adoption on 09 October 2014.
The Commissioner exercises rule-making authority under relevant immigration laws and signs the orders for the posting and refund of cash bonds.
Yes, a request for refund of the cash bond by the claimant is one of the mandatory documentary requirements for the release of the posted cash bond.