Law Summary

Introduction

This memorandum circular consolidates existing guidelines on deportation, visa cancellation, and other related immigration proceedings to ensure consistency and avoid overlaps in procedures. It was adopted on October 8, 2015, and filed on November 3, 2015.

PART I: Preliminary Considerations

RULE 1: General Provisions

• Title: The rules are referred to as the "Omnibus Rules of Procedure of 2015."
• Scope: Applicable to legal proceedings concerning:
  • Deportation
  • Visa cancellation
  • Inclusion/lifting of names in the BI derogatory list
  • Issuance of Allow Entry and Allow Departure Orders
• Applicability of the Rules of Court: The Rules of Court apply in a supplementary manner where these Rules are silent.
• Documents: Required to support complaints/petitions must be annexed.
• Certifications: Complainants must certify no other pending actions involving the respondent.
• Prohibited Pleadings: Specific motions, such as those for dismissal (except for lack of jurisdiction) or for extension of time, are prohibited.

PART II: Procedure in Deportation

RULE 2: Commencement of Deportation Proceedings

• Definition: Deportation is the removal of a foreigner from the Philippines for reasons such as threat to public interest or health.
• Nature of Proceedings: Administrative, requiring due process without strictly adhering to judicial rules.
• Who May be Deported: Actions can be initiated by verified complaints from private citizens or the state.
• Complaint Initiation: Must be filed with the Office of the Commissioner, in two copies plus additional copies for each respondent.
• Withdrawal of Complaints: Withdrawal does not automatically dismiss the complaint if merit is evident.

RULE 3: Preliminary Investigation

• Purpose: To determine if there is a well-founded belief that immigration laws have been violated.
• Procedure: If merit is lacking, the complaint may be dismissed; otherwise, the respondent must file an answer within a specified timeframe.

RULE 4: The Charge Sheet

• Definition: A written accusation approved by the Chief of the Legal Division charging a foreigner with immigration law violations.
• Contents: Must state the respondent’s name, the violation, acts constituting the violation, and other essential details.

RULE 5: Mission Order

• Issuance Authority: The Commissioner can issue a Mission Order to investigate violations based on credible reports.
• Validity: A Mission Order is valid for seven working days and must include specific details about the foreigner.
• Execution: Must be executed by authorized personnel; arrests require adherence to human rights protocols.

RULE 6: Proceedings Before the Board of Special Inquiry

• Endorsement: Case records must be forwarded to the Board of Special Inquiry within fifteen days of issuing a Charge Sheet.
• Submission of Memoranda: Respondents must submit memoranda within non-extendable periods.

RULE 7: Bail

• Eligibility for Bail: Foreigners under arrest in deportation proceedings may request bail.
• Conditions: Must ensure appearance at hearings and compliance with immigration laws.

PART III: Procedure in the Petition for Cancellation of Visa

RULE 12: Commencement of Action

• Pleadings Allowed: Only petitions and answers are permitted, which must be notarized or verified.
• Grounds for Cancellation: Includes loss of legal basis for the visa or acquisition through fraud.

PART IV: Procedures for Inclusion and Lifting of Names in Derogatory Lists

RULE 15: Hold Departure and Watchlist Orders

• Transmittal of Orders: HDOs and WLOs must be transmitted to the OCOM Receiving Unit for implementation.
• Implementation: The OCOM must act within specified timeframes upon receipt of the orders.

PART V: Fees

RULE 18: Payment of Fees and Exemptions

• Fees: Prescribed fees must be paid upon filing; exemptions are provided for certain government entities and indigent litigants.
• Consequences of Non-Payment: Failure to pay will result in denial of receipt and docketing of complaints.

Key Takeaways

• The Omnibus Rules of Procedure of 2015 streamline immigration processes, particularly for deportation and visa cancellation.
• Specific requirements, procedures, and timeframes are outlined for initiating proceedings and responding to complaints.
• The document introduces legal definitions and clarifies prohibited actions within immigration proceedings.
• It emphasizes the importance of due process and outlines the authority and responsibilities of various Immigration Bureau divisions.
• The rules impose penalties for non-compliance, particularly regarding the payment of fees and adherence to procedural timelines.