QuestionsQuestions (POEA MEMORANDUM CIRCULAR NO. 56)
It sets the requirements and authority for the signing of Orders for Release on Bail in deportation cases, requiring that such Orders be signed only by the BI Commissioner under specified conditions.
Only the Commissioner of the Bureau of Immigration.
It provides: “Effective immediately,” meaning it takes effect upon adoption/issuance on May 14, 2002.
The respondent and his/her counsel (or, in the absence of counsel, the nearest of kin or representative) must be present when the Order is signed.
The nearest of kin or representative may be present in place of counsel.
They must be duly apprised of: (1) the conditions of the bail, (2) the amount of the cash bond, and (3) the legal charges contained in the Order.
It requires that payments be issued Official Receipts.
No. It states that no other fees shall be charged except for those enumerated in the Order.
Both detainees and respondents involved in deportation cases are covered.
Mandatory. It expressly states “FOR STRICT COMPLIANCE.”
Because the Memorandum Order conditions the signing of the bail release Order on their presence and the proper advisement of bail terms, cash bond amount, and legal charges.
The conditions of the bail and the legal charges contained in the Order must be explained/advised, not just the cash bond amount.
No. The Memorandum Order states that Orders for Release on Bail shall be signed only by the Commissioner.
Yes. The Memorandum Order requires that payments be issued Official Receipts.
It refers to the procedural act of allowing a detainee/respondent to be released from custody upon posting the required cash bond under conditions set out in the BI Order, subject to compliance with the stated safeguards.