QuestionsQuestions (BOI Operations Order No. SBM-2015-012)
It provides how the Bureau of Immigration (BOI) should treat foreigners who committed simple immigration violations but have “strong family ties,” so that deportation becomes a disproportionate penalty and is replaced by payment of specified fees and conditions.
Article II, Section 12 of the 1987 Philippine Constitution, which recognizes the sanctity of family life and mandates the State to protect and strengthen the family.
Deportation is considered a punishment because its impact can be as severe as or more severe than a criminal sentence, given its effect on home, family, business, and property.
A foreigner who, prior to filing of the deportation complaint: (1) has a Filipino wife (legally married); (2) is scheduled to marry a Filipino; (3) has a Filipino child (biological or legally adopted); or (4) is expecting the birth of a Filipino child (conceived prior to the complaint).
The family tie must exist prior to the filing of the deportation complaint against the foreigner.
It includes, among others: overstaying; simple/slight discourtesy toward Philippine officials; simple/slight discourtesy toward the Filipino community; and other analogous circumstances.
No. The Order directs that they shall not be deported but must comply by paying the specified amount within the time stated in the Order.
An Immigration Arrears Release Certificate (IARC) amounting to ₱50,000.00 for every year of overstaying (or fraction thereof).
An Immigration Compliance Certificate (ICC) amounting to ₱50,000.00.
Temporary Visitor Visa (TVV) updating fees and penalties in overstaying cases, plus express lane fees amounting to ₱5,000.00.
Within thirty (30) days from notice of the Order.
The Legal Division shall initiate deportation proceedings against the subject foreigner within ten (10) days from notice of such failure.
The Visa Extension Section.
Domingo v. Scheer is central; it also references Harvy Bridges v. I.F. Wixon and Fong Yue Ting v. United States to support the severity/impact view of deportation.
It substitutes deportation with specified payments (IARC/ICC plus other fees/penalties) for those whose violations are “simple immigration violations” and who have qualifying family ties.
Commonwealth Act No. 613, Section 3, cited as the Commissioner's rule-making authority.
Yes. It states that all rules, procedures, guidelines, and previous issuances inconsistent herewith are repealed and/or modified accordingly.
Immediately upon approval.