Scope and Applicability
- Applies to visa applications under Commonwealth Act No. 613, Sections 9(d) and 9(g) as amended.
- Covers Commercial, Non-Commercial, and Religious-Charitable Missionary visa applications.
Decision-Making Process of the Board of Commissioners (BOC)
- Visa applications shall be resolved by the BOC convened as a collegial body with a quorum.
- Decisions require the concurrence of any two members of the BOC.
- The Commissioner of Immigration acts as the BOC Chairman.
- Individual decisions or actions by BOC members without the quorum or collective resolution are invalid.
Requirements for BOC Decisions
- Each decision, resolution, or order shall clearly state the facts and applicable law.
- After deliberation, BOC members have three (3) days to submit written opinions or comments; failure to do so waives this right.
- The BOC Secretary is responsible for receiving, attaching, and calendaring these opinions for further resolution and maintaining complete records.
Timeline and Notification for Decisions
- Visa applications must be decided within ten (10) days from submission.
- Parties shall be notified personally or via registered mail to their counsel or themselves.
- Official written notices of visa approval or denial must be sent immediately by the BOC Secretary through the fastest means.
- Proof of notice must be attached to each visa application record.
Finality, Appeals, and Reconsideration
- BOC decisions become final and executory ten (10) days after receipt by the parties unless an appeal or judicial review is filed.
- One motion for reconsideration is allowed per case, to be resolved within three (3) days.
- BOC findings of fact are conclusive except in cases of fraud, imposition, or mistakes excluding errors of judgment in evaluating evidence.
Implementation and Release of Approved Visas
- Upon BOC approval, the Secretary prepares a certified official list submitted to the Executive Officer.
- Release of visas requires appearance by the parties or their authorized representatives and payment of duly receipted fees.
- No additional documents shall be required unless expressly authorized by the Commissioner.
Monitoring and Reporting
- The Executive Officer shall submit weekly reports on implemented and unimplemented visas to the BOC Secretary and BI-IDAP Coordinator.
- These reports are used for monitoring and recording performance indicators.
Handling of Pending and Archived Visa Applications
- All pending, deferred, suspended, unacted, or archived visa applications must be inventoried and transmitted to the BOC Secretary for immediate deliberation.
- Coordination between the BOC, Executive Officer, and Associate Commissioner is mandated to expedite action.
Compliance and Enforcement
- All concerned personnel are enjoined to faithfully observe these rules.
- Non-compliance will be dealt with accordingly as per the directives of the Commissioner.
Distribution and Effectivity
- Copies of the memorandum order are sent to various government offices including the Office of the President, Secretary of Justice, Bureau officers, BI-IDAP Coordinator, PAGC, and the National Administrative Register.
- The memorandum order takes effect immediately as of June 3, 2009.