Title
Enforcement of Derogatory Orders in Ports
Law
Bi Operations Order No. Sbm-2014-002
Decision Date
Jan 14, 2014
This Philippine law enforces the Bureau of Immigration's derogatory records, including Hold Departure Orders, Watchlist Orders, Blacklist Orders, and Alert List Orders, to deny departure or take appropriate action against individuals at Philippine international ports of exit.

Q&A (BI OPERATIONS ORDER NO. SBM-2014-002)

Section 3 of Commonwealth Act No. 613, the Philippine Immigration Act of 1940, as amended, grants the Bureau of Immigration this power.

A Hold Departure Order (HDO) is an order to deny departure to any person whose name is on the Hold Departure List, requiring further action such as turning over to authorities or confiscation of passport.

Their passport shall be confiscated and turned over to the Legal Division.

The primary Immigration Officer prepares the Incident Report, which must be submitted to the Office of the Commissioner within 24 hours.

The person shall be denied departure unless otherwise provided, and if the Watch List is due to a pending deportation case, the passport is confiscated and turned over to the Legal Division. An Incident Report must also be prepared and submitted within 24 hours.

Generally, a foreign national on the Blacklist will not be denied departure unless their name appears in the Hold Departure List, Watchlist, or Alert List, or if the Blacklist is issued due to a deportation order.

The Immigration Officer must prepare an Incident Report with a photocopy of the foreign national's passport and submit it within 24 hours. The report should include personal circumstances, BLO Reference Number, and the officer's name who last cleared them for admission.

If the Blacklist is due to a deportation order, the foreign national and their passport must be referred to the AOD-Intelligence Unit and then to the Legal Division for implementation of the deportation order, and they will be denied departure. Other blacklist cases do not necessarily result in denial of departure.

Persons on the Alert List shall be denied departure unless otherwise provided. If they have a warrant of arrest, they will be turned over to PNP or NBI; if for other reasons, their passports will be confiscated and turned over to the Legal Division, with an Incident Report prepared for submission within 24 hours.

The Immigration Supervisor On-Duty must duly note the Incident Reports prepared by the primary Immigration Officer before submission to the Office of the Commissioner.

Yes, all circulars, memoranda, orders, and other issuances inconsistent with this Order are repealed, amended, and/or modified accordingly.

It took effect immediately upon approval on January 14, 2014.


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