Title
Bureau of Immigration Rules on Deportation and Visa Cancellation
Law
Immigration Memorandum Circular No. Sbm-2015-010
Decision Date
Nov 3, 2015
The Bureau of Immigration's Omnibus Rules of Procedure of 2015 streamline deportation processes, visa cancellations, and related legal proceedings, ensuring consistency and due process in handling foreign nationals deemed injurious to national interests.
immigration law
deportation
visa cancellation

Coverage: what proceedings are governed

  • The rules apply to legal proceedings in the Bureau of Immigration involving (i) deportation; (ii) cancellation of visa; (iii) inclusion/lifting of name/s in the BI derogatory list; and (iv) issuance of Allow Entry Order (AEO) or Allow Departure Order (ADO).
  • The rules apply to actions, complaints, petitions, requests, and pleadings filed under the deportation and visa-cancellation procedures contained in the rules.
  • In the absence of an applicable provision in the rules, the Rules of Court apply in a suppletory manner (Rule 1, Section 3).

General procedural requirements

  • Pleadings and initiatory filings must contain annexes with documents supportive of the allegations (Rule 1, Section 4).
  • Initiatory pleadings for proceedings covered by the rules must carry a sworn certification that:
    • no other action or claim involving the Respondent is pending in any court, tribunal, or quasi-judicial agency, to the best of the filer’s knowledge;
    • if an action or claim is pending, a complete statement of its status is included; and
    • if a pending action or claim is later learned, it is reported to the BI within five (5) days.
  • Proof of payment of filing fees and other applicable fees and charges must be attached to the initiatory pleading (Rule 1, Section 5).
  • The rules prohibit these pleadings:
    • motion to dismiss, except for lack of jurisdiction;
    • motion for bill of particulars;
    • petition for relief from judgment;
    • motion for extension of time to file answer/memorandum/written submissions, except for exceptionally meritorious grounds;
    • motion for postponement, except for exceptionally meritorious grounds;
    • intervention;
    • motion to hear affirmative defenses; and
    • any pleading or motion having the same or similar effect as the foregoing.
  • Submission of any prohibited pleading is treated as the Respondent’s answer to the complaint/petition (Rule 1, Section 6).
  • The rules require liberal construction toward a just, speedy, and inexpensive disposition (Rule 1, Section 7).
  • Service of BI judgments, notices, orders, and other papers is allowed through:
    • personal service through an authorized BI personnel; or
    • registered mail under Rule 13, Section 13 of the Rules of Court; or
    • an authorized private courier (Rule 1, Section 8).
  • In deportation and visa-cancellation cases, decisions are rendered by the Board of Commissioners (BOC) as a collegial body; the Commissioner (or Acting Commissioner) serves as Chairman; majority controls; quorum is Chairman plus one (1) Member (Rule 1, Section 9).

Deportation: commencement, investigation, orders

  • Deportation is removal of a foreigner from Philippine territory by or under State authority, applicable when presence is injurious to national interest, public health, public safety, and public interest (Rule 2, Section 1).
  • Deportation proceedings are administrative in character and aim to ascertain the truth without necessarily following technical rules of judicial proceedings, subject to due process (Rule 2, Section 2).
  • Deportation proceedings may be commenced by a verified complaint filed in the name of a private citizen or the Republic of the Philippines against any foreigner for grounds under relevant laws (Rule 2, Section 3).
  • Deportation is commenced by filing complaints with the Office of the Commissioner (OCOM) through the Central Receiving Unit (CRU) in two (2) copies plus copies equal to the number of respondents; the CRU dockets and assigns a Depo. No. Year-Month-Date- Series Number format and chronologically dockets by filing/receipt date (Rule 2, Section 4).
  • A complaint filed by a private person must be under oath; if filed through counsel, it must be verified.
  • Complaints must state:
    • full name and postal address of the complainant;
    • foreign Respondent’s full name, known alias/es (if any), and given or last known address; and
    • a concise statement of ultimate facts constituting the deportation offense alleged.
  • Complaints initiated via an internally generated report or government referral need not be verified but must state the required information (Rule 2, Section 5).
  • Anonymous complaints are not entertained unless there is evident merit supported by documentary or direct evidence (Rule 2, Section 6).
  • On complaints:
    • if sufficient in form, preliminary investigation commences under Rule 3;
    • if complaint fails to comply with the Rule 2, Section 6 requirement, it is dismissed; and
    • a complaint alleging a crime or felony other than the specific offenses mentioned in Section 37(a) of Commonwealth Act No. 613, as amended is recommended for immediate dismissal and may be referred by BI to the appropriate government agency (Rule 2, Section 7(c)).
  • A complaint for sum of money not constituting a ground for deportation under Section 37(a) of Commonwealth Act No. 613, as amended is recommended for immediate dismissal (Rule 2, Section 7(d)).
  • Withdrawal of a complaint does not automatically dismiss it; if there is evident merit, the case proceeds notwithstanding withdrawal (Rule 2, Section 8).

Preliminary investigation and Charge Sheet

  • Preliminary investigation is conducted by the Legal Division through the Special Prosecutor upon referral and must not exceed sixty (60) days from referral to determine whether there is sufficient ground for a well-founded belief of a violation and probable guilt (Rule 3, Section 1).
  • Preliminary investigation timelines and actions include:
    • if patently without merit: Special Prosecutor recommends dismissal within ten (10) days, forwarded to Chief, Legal Division for review, then to the Commissioner for approval/disapproval (Rule 3, Section 2(a));
    • if due course: Special Prosecutor issues within two (2) days an order directing Answer as Counter-Affidavit or Memorandum with supporting documents within ten (10) days from receipt, with proof of service to the complainant (Rule 3, Section 2(b));
    • after Answer or lapse of time: Special Prosecutor resolves within ten (10) days and determines if sufficient evidence exists to issue a Charge Sheet (Rule 3, Section 2(c)).
  • A Charge Sheet is an accusation in writing issued by the Special Prosecutor and approved by the Chief, Legal Division, charging violation of immigration laws (Rule 4, Section 1).
  • To prevent the Respondent from leaving the country or adjusting immigration status, the Charge Sheet includes a Watchlist Order ordering inclusion in the BI derogatory database (Rule 4, Section 1).
  • The Charge Sheet must be clear, simple, and concise to sufficiently inform the Respondent of the nature of the charge for defense preparation (Rule 4, Section 2).
  • A Charge Sheet is sufficient if it states:
    • Respondent’s name and nationality;
    • designation of the violation;
    • acts constituting the violation;
    • approximate date of commission; and
    • place of commission (Rule 4, Section 3).
  • If the Respondent’s name in the passport cannot be determined, the Respondent is referred to by alias with the statement that the true name is unknown at filing (Rule 4, Section 3).
  • If the violation is committed by more than one foreigner, the Charge Sheet includes all of them (Rule 4, Section 3).
  • Upon issuance of the Charge Sheet, the Special Prosecutor prepares a Mission Order for signature of the Commissioner (Rule 4, Section 4).
  • Filing a Petition for a Writ of Habeas Corpus does not suspend deportation proceedings unless the court issues a TRO or an Injunction Order (Rule 4, Section 5).

Mission Order verification and warrantless arrest

  • The Commissioner (or Acting Commissioner) may issue a Mission Order directing BI officers to verify/investigate and, if probable cause exists, effect a warrantless arrest in accordance with Section 5, Rule 113 of the Revised Rules of Criminal Procedure when the foreigner is found in flagrante violating Philippine immigration laws (Rule 5, Section 1).
  • The issuance must be based on a well-founded and reasonable determination from available and verifiable civilian, immigration, law enforcement, or military intelligence reports, considering national security, public health, public safety, and/or national interests (Rule 5, Section 1).
  • A Mission Order is valid for seven (7) working days and must contain:
    • full name, known alias/es, specific addresses, and other known personal circumstances;
    • complete names and designations of BI personnel executing it;
    • date of issuance; and
    • directive to conduct verification/investigation and, if probable cause exists, effect warrantless arrest for flagrante violations (Rule 5, Section 2).
  • Only duly authorized permanent/organic BI personnel (or permanent government personnel on detail to BI) may serve and execute the Mission Order; assistance may be sought from other law enforcement officers if warranted (Rule 5, Section 3).
  • No Mission Order is served/executed on Saturdays, Sundays, non-working holidays, or during non-office hours unless the subject foreigner is a fugitive from justice or engaged in acts inimical to the country’s peace and security as determined by the Commissioner (Rule 5, Section 3).
  • Execution must proceed without delay with due regard to human rights.
  • If probable cause exists for a warrantless arrest, the arresting officers shall advise rights under Republic Act No. 7438, including:
    • right to know the reason for arrest;
    • right to counsel of choice; and
    • right to remain silent (Rule 5, Section 4).
  • On the arrest day, arresting officers bring the foreigner to the Intelligence Division for booking, imaging, fingerprinting, and records check; the Chief of the Intelligence Division (or representative) informs the foreigner’s embassy or consular office in the Philippines if any (Rule 5, Section 4).
  • Within eighteen (18) hours from arrest, arresting officers prepare three (3) sets of case record and bring them to OCOM Receiving Unit for docketing, including:
    • Post Mission Report with Affidavit of Arrest stating ground, date, time, place, manner;
    • Mission Order and Intelligence Report basis;
    • inventory of properties/things/papers (including immigration documents) provisionally taken;
    • biometric data and medical report; and
    • other relevant documents (Rule 5, Section 5).
  • OCOM retains one (1) set; Legal Division retains two (2) sets; OCOM Receiving Unit forwards records immediately to Legal Division (Rule 5, Section 5).
  • Chief, Legal Division assigns the case record to a Special Prosecutor; the Special Prosecutor recommends release or files a Charge Sheet within thirty six (36) hours from arrest, with Charge Sheet approval of Chief, Legal Division and release Order approval of the Commissioner (Rule 5, Section 6).
  • Copies of Charge Sheet or Order of Release are provided to the foreigner/counsel (if any) and the embassy (Rule 5, Section 6).
  • Before filing the Charge Sheet, the arrested foreigner may request preliminary investigation under Rule 3, but must sign a waiver of provisions of Article 125 of the Revised Penal Code in the presence of counsel; the investigation must be terminated within fifteen (15) days from inception (Rule 5, Section 6).
  • After investigation and when the Special Prosecutor deems a Charge Sheet necessary, the Intelligence Division turns over custody to the Warden, BI Warden Facility (BIWF) (Rule 5, Section 7).
  • Before receiving custody, the Warden registers in official logbook:
    • names of BI personnel who turned over custody;
    • personal circumstances of the arrested foreigner;
    • copy of Mission Order and Affidavit of Arrest;
    • original Commitment Order issued by the Commissioner or authorized representative; and
    • inventory of properties/things/papers to be turned over (Rule 5, Section 8).
  • If there is lack of time to bring the foreigner to OCOM and Legal Division on the arrest day, the foreigner is immediately delivered and committed to the nearest BIWF; arresting officers still comply with the eighteen (18) hour preparation of three sets and submit them to OCOM Receiving Unit as soon as practicable; the Warden complies with logbook requirements and demands a copy of case record; the Warden delivers the foreigner to Legal Division on the immediately following working day; if that day exceeds thirty six (36) hours, the Chief, Legal Division assigns a Special Prosecutor at BIWF and the Special Prosecutor complies with Rule 5, Section 6 (Rule 5, Section 9).

Deportation: BSI proceedings, bail, voluntary and summary

Proceedings before the BSI

  • Within fifteen (15) days from issuance of the Charge Sheet, Chief, Legal Division endorses the case record to the Chief, Board of Special Inquiry (BSI), consecutively and chronologically numbered, with attached Prosecutor’s Memorandum and the total page count; the Memorandum states facts and law relied upon with original or certified true copies of documentary evidence if any (Rule 6, Section 1).
  • Immediately upon receipt, Chief, BSI assigns the deportation case to a BSI member for resolution (Rule 6, Section 1).
  • The assigned BSI member issues an order within two (2) days directing the Respondent to submit a written memorandum within a non-extendible period of fifteen (15) days from receipt; rebuttal or sur-rebuttal memoranda are prohibited (Rule 6, Section 2).
  • Within fifteen (15) days from filing of memorandum or expiration of the period, the BSI member (with approval of Chief, BSI) prepares a draft decision and forwards it to the Board Secretary’s Office; BSI maintains chronological file of draft decisions (Rule 6, Section 3).
  • The Board Secretary includes the draft decision in the next scheduled BOC agenda; for complicated issues and/or voluminous records, the BOC may defer resolution to the next scheduled agenda (Rule 6, Section 4).

Bail in deportation proceedings

  • A foreigner under arrest in a deportation proceeding may be released on cash bond or government-issued security/guarantee and other conditions the Commissioner imposes (Rule 7, Section 1).
  • A verified Petition for Release on Bail may be filed before the Commissioner at any time after arrest but before finality of the deportation order (including reopening) as long as deportation records remain with BI; it must include an Undertaking covering:
    • readiness and ability to post required cash bond;
    • appearance in BI hearings/proceedings with or without counsel;
    • written periodic updates to the Commissioner on residence and whereabouts as required;
    • no leaving the Philippines without securing an Allow Departure Order;
    • allowing periodic BI visits to residence; and
    • securing a one-way ticket from Manila to the country of citizenship/origin to be used in event of deportation (Rule 7, Section 2).
  • Legal Division has five (5) days to submit Recommendation; the Commissioner resolves within ten (10) days from receipt of recommendation or lapse of the period to submit it (Rule 7, Section 2).
  • In granting/denying bail, the Commissioner may consider:
    • nature of deportation charge;
    • immigration status;
    • physical condition and age;
    • humanitarian considerations;
    • other circumstances guiding whether there is flight risk and/or threat to public interest (Rule 7, Section 3).
  • Conditions include:
    • appearance before Intelligence Division, Legal Division, BSI, and BOC whenever required;
    • failure to appear is treated as express waiver and hearing proceeds in absentia;
    • surrender for execution of deportation order;
    • bond answers for re-arrest expenses if failure to appear and other expenses connected with deportation;
    • undertakings remain effective through all stages until finality; and
    • Commissioner imposes other terms to ensure appearance (Rule 7, Section 4).
  • Order granting bail includes directive to include the foreigner in the Hold Departure List and require surrender of original passport/travel document to Legal Division or BSI; passport/travel document is attached to the case record (Rule 7, Section 5).
  • Chief, Legal Division transmits in writing to BIWF a copy of the bail order, photocopies of official receipts for cash bond, and certification that release conditions are met (Rule 7, Section 6).
  • If bail conditions are violated, the bond forfeits in favor of BI; a bail releasee who fails to comply or attempts to escape may be re-arrested without necessity of a warrant (Rule 7, Section 7).
  • Bail is canceled and bond returned (subject to usual government/auditing procedures) upon: death of the foreigner; deportation; or dismissal of deportation case (Rule 7, Section 8).

Voluntary deportation

  • Voluntary deportation is allowed when the foreigner does not contest deportation charges and waives right to appeal the deportation order; a foreigner who requests voluntary deportation is charged, detained, and deported (Rule 8, Section 1).
  • A notarized request for voluntary deportation is granted provided there is no pending criminal investigation or case against the foreigner.
  • Voluntary deportation is not allowed as a means of evading criminal prosecution (Rule 8, Section 1).
  • A foreigner with fake immigration stamp(s) and/or fake Emigration Clearance Certificate (ECC) who voluntarily surrenders and requests voluntary deportation is investigated, charged, and deported; the deportation case may be dismissed upon:
    • substantive reason to believe Respondent is a victim, in good faith and without intention to violate immigration laws and rules;
    • payment of visa extension fees in arrears/overstaying fees, if applicable;
    • payment of P10,000 as Immigration Arrears Release Certificate (IARC); and
    • execution of an Affidavit identifying involved person/s and willingness to be witness in all administrative proceedings (Rule 8, Section 2).
  • Legal Division prepares the Voluntary Deportation Order (VDO) within three (3) days from receipt of the request and forwards it to the BOC Board Secretary.
  • Board Secretary includes the draft VDO in the next BOC agenda for resolution (Rule 8, Section 3).
  • A VDO is immediately final and executory (Rule 8, Section 4).
  • Voluntary deportation bars re-entry and the foreigner’s name is included in the BI Blacklist (Rule 8, Section 5).

Summary deportation

  • Summary deportation applies when the foreigner is:
    • overstaying found via complaint or Mission Order;
    • undocumented;
    • a fugitive from justice;
    • fully served sentence in a crime carrying with it the penalty of deportation after service of sentence; or
    • fully served sentence for crimes mentioned in Section 37(a)(3) and Section 37(a)(10) of the Philippine Immigration Act, as amended.
  • Summary deportation is not allowed as a means of evading criminal prosecution (Rule 9, Section 1).
  • Definitions include:
    • overstaying foreigner: expired visa despite valid passport/travel documents found via complaint or Mission Order;
    • undocumented foreigner: without validly issued passport/travel document or with cancelled or expired passport;
    • fugitive from justice: tagged by authorized personnel of a foreign embassy or by International Police and passport is cancelled by embassy/consulate (Rule 9, Section 2).
  • An overstaying foreigner may avail of the Assisted Voluntary Return Program under Immigration Memorandum Circular No. SBM-2015- except those overstaying found by virtue of a complaint or Mission Order (Rule 9, Section 3).
  • For overstaying and undocumented foreigners, the Rules on Commencement and Preliminary Investigation apply unless otherwise provided (Rule 9, Section 4).
  • Upon drafting of Charge Sheet, Legal Division drafts the Summary Deportation Order (SDO) and forwards it to Board Secretary; upon receipt, Board Secretary includes it in the next BOC agenda (Rule 9, Section 5).
  • When dealing with a fugitive or one who served sentence:
    • OCOM indorses the fugitive/criminal file to Legal Division within twenty four (24) hours, with copy to Intelligence Division; CRU dockets as BI S.D. No. Year-Month-Series Number (Rule 9, Section 6).
    • Intelligence Division coordinates with appropriate foreign embassy, International Police or law enforcement to effect search/capture/turn-over; if location established and warrant of deportation not yet issued, Intelligence Division requests a Mission Order within twenty four (24) hours (Rule 9, Section 7).
    • Within eight (8) hours from arrest or turn-over, Intelligence Division forwards to Legal Division relevant documents including Mission Order, After-Mission Report, Affidavit of Apprehension, Commitment Order, Receipt of Custody, biometric data, and medical report; these form part of fugitive/criminal file (Rule 9, Section 7).
    • Within forty eight (48) hours from receipt of fugitive/criminal file from OCOM, Legal Division drafts and submits to Office of Board Secretary: Charge Sheet, SDO, Warrant of Deportation, and Request for NBI Clearance; Legal Division ensures attachment of relevant immigration information (travel records, registration records, and/or derogatory records) (Rule 9, Section 8).
    • Within forty eight (48) hours from receipt of SDO attached to records, Board Secretary schedules a special agenda for BOC to resolve (Rule 9, Section 9).
  • SDO is final and immediately executory upon signing/approval (Rule 9, Section 10).
  • Summary deportation bars re-entry and name is included in BI Blacklist (Rule 9, Section 11).

Deportation: BOC Order and execution

  • The BOC Order/Judgment must state:
    • foreigner’s name and personal circumstances;
    • clear and distinct statement of material facts;
    • findings and the law basis; and
    • the decision reached (Rule 10, Section 1).
  • If deportation is ordered, the decision specifies deportation to one of the following:
    • the country whence he came;
    • the foreign port where he embarked for the Philippines;
    • the country of birth or citizenship/subject; or
    • the country where he resided prior to coming to the Philippines (Rule 10, Section 1).
  • BOC returns the Order/Judgment to Board Secretary for promulgation within twenty four (24) hours from receipt.
  • Service of a copy to the last known/given address, or counsel’s office, or nearest embassy/consular office if address is unknown is deemed promulgation; proof of service is attached (Rule 10, Section 2).
  • Copies must be furnished to listed BI offices and external recipients, including the Secretary, DOJ, and the Office of the President, plus the respondent’s embassy/consular office (Rule 10, Section 3).
  • A deportation Order/Judgment directs:
    • inclusion of the respondent’s name in the BI Blacklist; and
    • lifting of the Hold Departure Order (HDO) or Watchlist Order issued in relation to the deportation case (Rule 10, Section 4).
  • If BOC dismisses a deportation case, the respondent is released within twenty four (24) hours from promulgation if BI is holding him, unless held for another lawful cause; BI returns provisionally kept properties/documents/papers (Rule 10, Section 5).
  • Except for voluntary deportation and summary deportation, a deportation Order/Judgment becomes final and executory after thirty (30) days from notice unless within that period the respondent files a Motion for Reconsideration or an appeal to the Office of the Secretary of Justice or the Office of the President (Rule 10, Section 6).
  • Motion for Reconsideration:
    • may be filed within three (3) days from receipt of the copy;
    • requires two (2) copies and must be verified;
    • only one (1) Motion for Reconsideration may be filed;
    • no other pleading is entertained.
    • Must specify particular findings/conclusions unsupported by evidence or contrary to law and expressly reference evidence/law (Rule 10, Section 7).
    • After receipt, OCOM Receiving Unit forwards within twenty four (24) hours to Legal Division or BSI; Legal Division or BSI may require a Comment within ten (10) days; the Resolution is drafted within ten (10) days after submission or lapse of time; the draft is forwarded to Board Secretary for inclusion in the next BOC agenda (Rule 10, Section 7).
  • Appeal:
    • stays execution of the decision appealed from unless directed otherwise by the Secretary of Justice/Office of the President (Rule 10, Section 8).

Execution and deportation costs

  • If the respondent is at large when found guilty, the Commissioner issues a Warrant of Deportation.
  • The Intelligence Division executes the warrant and returns a report to the Commissioner within seven (7) days from issuance; if unexecuted within that time, the Intelligence Division submits weekly status reports until execution (Rule 11, Section 1).
  • No deportation occurs unless the deportation order is final and executory and the following are complied with:
    • BOC Order/Judgment of Deportation;
    • photocopies of official receipts showing payment of immigration fees, administrative fines, penalties, and other legal fees required in the Order/Judgment (if any);
    • NBI clearance;
    • court clearances or National Prosecution Service clearances when BI is informed of pending criminal investigation/cases;
    • original valid passport or travel document;
    • valid air ticket to the deportation destination;
    • certification from Chief, Legal Division that conditions have been complied with (Rule 11, Section 1).
  • NBI clearance timing:
    • Chief, Legal Division

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