Question & AnswerQ&A (BOI MEMORANDUM ORDER NO. 04-92)
Deportation proceedings are administrative in nature, not criminal, and are conducted to ascertain the truth without necessarily adhering to technical judicial rules, subject to due process.
The Board of Commissioners, composed of the Commissioner of Immigration as Chairman and two Associate Commissioners as members, has exclusive jurisdiction.
A sufficient complaint must state the name of the alien, acts or omissions complained of, name of the complainant, approximate time and place of the offense, and must not be vague, hearsay, or filed solely for money collection purposes.
No, anonymous complaints or those with unknown complainants are not entertained unless the charge is serious and can be easily verified, in which case it is referred to the Intelligence Division.
The Special Prosecutor determines if a prima facie case exists based on available evidence and may file a charge sheet with the Board of Special Inquiry and recommend issuance of a mission order to secure the alien's appearance.
No, bail is discretionary with the Commissioner of Immigration who may impose conditions or deny bail if there's a deportation order or strong evidence of guilt.
The alien has rights to be presumed innocent, be present and defended by counsel, have compulsory process for witnesses, confront and cross-examine witnesses, and have a speedy, impartial, and public hearing.
The Board conducts a searching inquiry to verify the voluntariness and comprehension of the admission and then submits a recommendation to the Board of Commissioners.
Self-deportation bars the alien from re-entry into the Philippines. It is granted if there is no pending court case and is not allowed to evade prosecution or civil liability.