QuestionsQuestions (BOI Immigration Memorandum Circular No. SBM-2015-009)
It governs the release of cash bonds posted by foreign nationals in cases: (1) to regulate admission into and departure from the Philippines of foreign nationals applying for temporary admission; (2) to insure against exclusion as likely to become public charges; and (3) to insure the appearance of a foreign national released from custody during deportation proceedings.
Cash bonds may be released when: (1) the conditions of the bond are fulfilled; (2) for bonds against becoming a public charge, when the Commissioner determines the likelihood no longer exists; (3) upon the foreign national’s naturalization as a Philippine citizen; (4) upon death of the foreign national; (5) upon actual deportation; or (6) upon dismissal of the deportation case.
It means the depositor (or authorized representative) must file the application for release within one year from when the triggering event in Section 2 occurs; otherwise, the cash bond is forfeited in favor of the government.
The cash bond shall be forfeited in favor of the government.
They include: (1) a letter-application addressed to the Commissioner duly signed by the depositor or authorized representative; if filed by a representative: (i) Special Power of Attorney valid for six (6) months from date of issue; (ii) photocopy of depositor’s valid ID; (iii) photocopies of representative’s two (2) valid IDs; (2) photocopy of the Order directing cash bond posting; (3) photocopy of the BI Official Receipt of cash bond deposit; and (4) any proof of compliance or fulfillment of the bond conditions.
The Special Power of Attorney must be valid for six (6) months from the date of issue.
The recommended Order to the Commissioner must specifically identify the payee of the check representing the cash bond for release.
The CRU must evaluate the completeness of documentary requirements; if complete and in order, it transmits the application to the Legal Division within one (1) working day from filing; otherwise, it returns the application to the applicant for completion.
Within five (5) working days from receipt of the application, the Legal Division must verify authenticity and veracity of the documents, evaluate compliance/fulfillment of bond conditions, and prepare a recommended Order to the Commissioner.
Within one (1) working day from receipt of the Legal Division’s recommended Order, the Office of the Commissioner must submit it to the Commissioner for appropriate action.
The check is issued to the depositor or his/her duly authorized representative, subject to usual government accounting and auditing laws, rules, and regulations.
The FMD shall submit a monthly report to the Commissioner of all released cash bonds.
Operations Order No. SBM-2014-052 is repealed.
It takes effect after publication in a newspaper of general circulation.
By limiting coverage and release scenarios to specific objectives: regulating temporary admission and departure, protecting against becoming public charges, and ensuring appearance during deportation proceedings.