Question & AnswerQ&A (OPERATIONS ORDER NO. JHM-2018-008)
The Commissioner of Immigration is issuing this order pursuant to his rule-making authority under relevant immigration laws.
A deportable foreigner shall be deported to the country of his declared nationality via the presented foreign passport at the port of entry.
Yes, the deportation destination can be directed otherwise by the Department of Justice.
This order is subject to the provisions of Commonwealth Act No. 613, Sections 36 and 38.
The presented foreign passport is the basis for determining the country to which the deportable foreigner shall be deported.
A copy of this order must be furnished to the Office of the National Administrative Register (ONAR) at the U.P. Law Center, U.P. Diliman, Quezon City.
The Department of Justice may direct exceptions to the default deportation rule, deciding if the foreigner should be deported to a country other than the declared nationality's.
The order does not specify detailed procedures on resolving conflicts but directs deportation to the declared nationality's country unless otherwise instructed by the DOJ.
Immigration officers must follow the guideline to deport foreigners to their declared nationality country based on the passport presented, and coordinate with the DOJ for exceptions, ensuring compliance with CA 613 provisions.