Bureau of Immigration Rules on Deportation and Visa Cancellation

Definition and Initiation of Deportation Proceedings

Deportation: removal of foreigner detrimental to national interest, health or safety.
Administrative nature; due process required but technical judicial rules not binding.
Verified complaint by private citizen or government starts an action.
Complaints filed with Office of the Commissioner, docketed with unique number.
Complaint must contain complainant/respondent details and concise statement of facts.
Anonymous complaints entertained only if supported by evidence.
Complaints insufficient in form or lacking grounds dismissed.
Withdrawal of complaint does not automatically dismiss proceedings.

Preliminary Investigation in Deportation Cases

Legal Division Special Prosecutor conducts preliminary investigation within 60 days.
If complaint patently without merit, recommendation for dismissal within 10 days.
Respondent ordered to answer via counter-affidavit or memorandum with documents within 10 days.
Investigation concludes within 10 days of answer submission to determine filing of charge sheet.

Charge Sheet and Related Procedures

Charge Sheet: written accusation, approved by Chief Legal Division, charging immigration law violation.
Includes order to include name in BI derogatory watchlist to prevent status adjustment or leaving.
Must state respondent’s name, nationality, violation details, dates, places.
Mission Orders prepared for arrest or investigation upon Charge Sheet issuance.
Habeas corpus petitions do not suspend deportation unless court issues TRO or injunction.

Mission Orders and Arrest Procedures

Issued by Commissioner for investigation and possible warrantless arrest of aliens violating immigration or other laws.
Valid for 7 working days, lists subject details and BI personnel involved.
Only authorized BI permanent personnel may serve/execute; assistance by law enforcement if needed.
Arresting officers must advise rights (under RA 7438) and conduct booking and notification to embassy.
Case records prepared within 18 hours, including reports, affidavits, biometric data, medical report.
Special Prosecutor investigates within 36 hours to recommend release or charge filing.
Custody turned to BI Warden Facility with proper logs and inventories.

Proceedings Before the Board of Special Inquiry (BSI)

Legal Division endorses case with prosecutor’s memorandum to BSI within 15 days after charge sheet.
BSI member assigned and orders respondent to submit memorandum within 15 days.
No rebuttal memoranda allowed.
Draft decision prepared within 15 days after memorandum due date.
Board Secretary schedules the case for BOC resolution.

Bail in Deportation Proceedings

Foreigners may be released on cash bond or government-issued security with conditions.
Verified petition required with undertakings to appear, inform residence, and surrender upon order execution.
Commissioner considers nature of charges, immigration status, health, and flight risk.
Conditions include appearance at hearings, bond forfeiture for failure to appear, and surrender for deportation.
Bail cancellation and refund upon death, deportation, or case dismissal.

Voluntary Deportation

Allowed if foreigner does not contest and waives appeal rights.
Notarized request granted if no pending criminal case; voluntary deportation not to evade prosecution.
Special provisions for foreigners with fake immigration stamps or ECC, including payment of fees and affidavit.
Decision on voluntary deportation made within 3 days and immediately executory.
Voluntary deportation bars re-entry and places name on BI blacklist.

Summary Deportation

Applicable for overstaying foreigners, undocumented nationals, fugitives, and those who served certain criminal sentences.
Overstaying defined as expired visa with valid documents; undocumented as lacking valid passport.
Assisted Voluntary Return Program available for overstayers.
Charge sheet and summary deportation order processed and resolved by BOC.
Summary deportation order is final and bars re-entry; name included in BI Blacklist.

Deportation Order/Judgment

Must contain respondent’s identity, factual findings, legal basis, and deportation destination.
Promulgated within 24 hours by Board Secretary; proof of service required.
Copies distributed broadly to BI divisions, DOJ, and relevant embassies.
Blacklist inclusion and lifting of prior watchlists mandated.
Dismissal results in release and return of properties within 24 hours.
Finality after 30 days unless motion for reconsideration or appeal filed.
Motion for reconsideration allowed only once within 3 days; specific grounds required.
Appeal stays execution unless otherwise directed.

Execution of Deportation Order

Warrant of Deportation issued if respondent at large; Intelligence Division executes warrant.
Deportation requires final order, payments, clearances (NBI, court), valid travel documents, and tickets.
Deportation costs borne as follows: vessel owners/operators if exclusion within 5 days; respondent if voluntary; embassy if respondent cannot pay, BI if embassy refuses.
Other costs charged to bond if posted.
If no country accepts deportee, commissioner may grant provisional liberty subject to conditions.

Procedure for Cancellation of Visa

Only Petition and Answer pleadings allowed, must be notarized or verified.
Petition may be filed by any person with personal knowledge or motu proprio by BI divisions.
Petition must state personal info and grounds (loss of basis or fraud in issuance).
Petition involving deportable offenses processed under deportation rules.
Legal Division orders answer within 2 days; decision drafted within 10 days.
Order contains findings and legal basis; promulgated within 24 hours.
Copy served with proof; copies distributed broadly.
Motion for reconsideration allowed once within 3 days; appeal stays execution.

Implementation of Visa Cancellation

Upon finality, respondent notified to present passport for visa downgrade.
Failure to comply is ground for deportation.
May apply for new visa if qualified.

Inclusion and Lifting of Names in BI Derogatory Lists

Courts, DOJ, Office of President-issued orders (HDO, WLO, ILBO) received and implemented in BI.
Orders must contain comprehensive identifying information.
OCOM verifies and returns incomplete orders.
All international ports furnished copies for enforcement.
Distribution of orders includes multiple BI divisions, DOJ, DFA, and embassies/consulates.
Requests for Allow Departure require court order and proof of fees.
Lifting orders processed within 2 days.
DOJ-issued derogatory orders automatically lifted upon expiry.
Private persons filing lifting requests must submit notarized requests and proof of fees.

BI-Issued Derogatory Orders

Petitioners may request lifting/cancellation of names (including blacklist) with notarized request and fee proof.
Foreigners under AVRP or Indigency Orders may apply for lifting subject to fees and bond.
Requests resolved within 15 days by OCOM.
Allow Entry or Departure Orders may be requested with similar requirements, resolved within 7 days.
Conditions include reporting to OCOM and possible cash bond.

Blacklist Order for Excluded Foreigners

Excluded foreigners’ names entered into BI Blacklist within 24 hours.
Chief POD and port supervisors must transmit orders rapidly and ensure implementation.
Private complaints on excluded foreigners outside country acted upon within 15 days.
Distribution to relevant offices and embassies mandated.
Lifting of blacklist and issuance of Allow Entry Orders governed by Rule 16.

Fees and Exemptions

Prescribed legal, implementation, and service fees apply to filings.
Government entities and indigents exempted.
Failure to pay results in denial of complaint or petition filing.
Fee schedule differentiated by type of case or request.

Reportorial and Miscellaneous Provisions

Monthly reports of pending deportation cases required from designated divisions.
No proceeding shall remain inactive for over 30 days.
Prior inconsistent rules and issuances repealed.
Rules subject to DOJ Secretary approval; published in newspapers; effective 15 days after publication.