QuestionsQuestions (LETTER OF INSTRUCTION. NO. 210)
A Letter of Instruction is an executive issuance of the President. It is generally treated as a directive implementing policy and administrative action. It must conform to the Constitution and existing laws; it cannot repeal or amend statutes, and it is valid only insofar as it is consistent with higher legal authority.
LOI No. 210 extended the Balikbayan program beginning September 1, 1974 to February 29, 1976. It also provides that the authorization to remain for one year applies only if the overseas Filipino’s arrival is within September 1, 1974 to February 29, 1976.
The Department of Justice, through the Commission on Immigration and Deportation, shall issue policies and recommendations authorizing such overseas Filipino to remain in the country for a period of one (1) year from the date of arrival.
The one-year authorization applies only if the arrival is within the period from September 1, 1974 to February 29, 1976.
It refers to LOI Nos. 105 and 163. Unless otherwise specified in LOI No. 210, all policies, orders, and instructions issued by government entities in implementing LOI Nos. 105 and 163 remain valid and effective.
It states that the Balikbayan program was a resounding success with significant numbers of overseas Filipinos visiting the homeland, that returning Filipinos witness the country’s progress, that UN tourist experts commended and would recommend similar programs, and that the extension addresses the anxiety of missing a six-month deadline.
It enjoins the duty to encourage overseas Filipino scientists and technicians to come home and apply their knowledge to the country’s development programs, taking advantage of the Balikbayan program as an opportune time.
The awarding of development funds as prizes to local governments for bringing in the most number of homecoming Filipinos will be discontinued at the end of Phase II on August 31, 1974.
Because its purpose—making local governments appreciate the significance and value of the Balikbayan program—has been accomplished by the end of Phase II.
Presidential Decree No. 439, issued on April 22, 1974.
The overseas Filipino must officially signify their intention to reside permanently in the Philippines.
PD No. 439 exempts (1) certain possessions of overseas Filipinos from Section 105 of the Tariff and Customs Code, and (2) exempts them from specified provisions of the Internal Revenue Code (Sections 184-A, 185, 185-A, 135-B, 186, 186-A, and 186-B) in connection with their purchase of certain items and articles in the Philippines.
It signals that the enumerated exemptions/reliefs are tied to those specific statutory provisions. For practical application, it helps students and implementers identify exactly which legal burdens are removed under the PD 439 framework for qualified overseas Filipinos.
No. LOI No. 210 does not amend those Codes; it references PD No. 439, which provides the exemptions. LOI No. 210 functions as an implementing directive and reminder of the existing statutory/Presidential Decree benefits.
LOI No. 210 recognizes immigration implementation needs and assigns the DOJ through the Commission on Immigration and Deportation to issue the policies/recommendations (e.g., extending lawful stay to one year for Balikbayan drivers), showing that the program’s benefits must be concretized through immigration administration.
The text specifically states “any overseas Filipino driving in the Philippines under the Balikbayan program,” suggesting the directive is limited to that category. A useful interpretive question is whether “driving” refers to the transport activity (e.g., driving their vehicle) and whether other Balikbayan participants have different terms under the earlier LOIs (105 and 163) that remain valid unless otherwise specified.