Law Summary
Organizational Structure and Scope
- The Bureau is structured into the Office of the Commissioner, the Board of Commissioners (BOC), and Boards of Special Inquiry (BOI), pursuant to E.O. 292.
- The delineation of duties and jurisdictional functions is to take effect immediately for service efficiency.
Board of Commissioners (BOC) Jurisdiction and Functions
- Exercises exclusive original jurisdiction over all deportation cases.
- Exclusively reviews motu proprio decisions on exclusion cases made by the Boards of Special Inquiry.
- Holds exclusive appellate jurisdiction over exclusion cases decided by Boards of Special Inquiry.
- Responsible for approving all applications/petitions for:
- Admission of non-immigrants (Section 9 of CA 613).
- Admission of immigrants (Section 13 of CA 613).
- Admission of non-immigrants under Section 47 (a) of CA 613.
- Amendments or changes in immigration status.
Office of the Commissioner and Associate Commissioners’ Duties
- Subject to Section 4 (a) of CA 613, certain applications and administrative matters must be approved individually by the Commissioner or Associate Commissioners based on type of application.
- Commissioner handles assignments, quota immigrant visas, temporary resident visas for restricted nationals and Chinese nationals, alien social integration, issuances of orders, and personnel administration.
- First Associate Commissioner handles non-quota immigrant visas, late registrations, permanent residence visas (R.A. 7837), special study permits, indigency applications, Special Retirees Residence Visas (SRRV), alien registry cancellations, and issuance of clearances.
- Second Associate Commissioner handles recognition as Filipino citizenship, Special Investors Resident Visas (SIRV), special non-immigrant visas, waiver of exclusion grounds for unaccompanied minors, exit clearance waivers for TECO officials, and changes of status for foreign government officials and dependents.
- Both Associate Commissioners jointly approve grace periods, visa extensions, hold departure/watchlist orders, downgrading of visas, provisional and special work permits.
Supervision of Law and Investigation Division
- The Commissioner and Associate Commissioners supervise this division.
- The division advises on legal matters relating to immigration laws, investigates applications and complaints, assists in deportation and exclusion cases, represents the Bureau in court, prepares warrants of arrest, confiscates bonds for violations, investigates employee complaints, and performs other directed functions.
Functions of the Boards of Special Inquiry (BOI)
- Exercise exclusive original jurisdiction on all exclusion cases per Section 27 (b) of CA 613.
- Make recommendations for approval or disapproval on:
- Provisional and special work permits.
- Visas under Sections 9 and 13 of CA 613.
- Claims to Philippine citizenship as referred by the Commissioner.
- Other matters referred by the Commissioner or Associate Commissioners.
- Must elevate all recommendations immediately to higher authorities (BOC, Commissioner, Associate Commissioners) for final action.
- Directed to resolve matters within 30 days after document completion or proceedings termination.
Implementation and Compliance
- The order is effective immediately upon adoption on July 31, 1998.
- All employees are mandated to strictly implement and comply with the duties and jurisdictional functions as delineated.
- Signed by Commissioner Rufus B. Rodriguez.