Question & AnswerQ&A (BI OPERATIONS ORDER NO. SBM-2014-046)
The legal basis is the rule-making authority of the Commissioner of Immigration under Commonwealth Act 613, Section 3, and the arrest may be effected in accordance with Section 5, Rule 113 of the Revised Rules of Criminal Procedure.
Only duly authorized permanent or organic personnel of the Bureau of Immigration, or permanent government personnel on detail to the BI, may serve and execute the Mission Order. Assistance may be sought from confidential agents and other law enforcement officers when circumstances warrant.
Arresting officers must advise foreigners of their rights under Republic Act 7438, including the right to know the reason for their arrest, the right to counsel of their choice, and the right to remain silent.
A Mission Order is valid for seven (7) working days from its issuance.
The Legal Division must immediately assign the case to the Prosecution and Legal Assistance Section (PLAS), where a Special Prosecutor will conduct an investigation and, within thirty-six (36) hours from the time of arrest or interception, file a Charge Sheet or recommend release. The Legal Division also issues Commitment Orders for detention if necessary.
The foreigners shall be delivered immediately to the BI Wardenas Facility (BIWF). The arresting officers must still prepare the case records within twelve (12) hours and submit them to the Legal Division as soon as practicable. The Warden will demand copies of the case record and facilitate inquest investigations the following working day or assign a Special Prosecutor on-site if the 36-hour period lapses.
They are arrested by Airport Operations Division personnel pursuant to Section 5, Rule 113 of the Revised Rules of Criminal Procedure, as they are found in flagrante delicto violating Philippine Immigration Laws.
Foreigners ordered to leave must pay applicable TVV updating fees, an Immigration Arrears Release Certificate fee of Php50,000, and express lane fees of Php10,000 within 24 hours, and their names will be included in the blacklist. Failure to comply will subject them to regular deportation proceedings.
The Warden or authorized agent must log the complete names of BI personnel turning over custody, personal circumstances of the foreigners, copies of the Mission Order or Interception Report with Affidavit of Arrest, original Commitment Order (if available), and complete inventory of properties and documents turned over.