Title
Cash bond release requirements for aliens
Law
Bi Operations Order No. Sbm-2014-052
Decision Date
Oct 9, 2014
The Philippine law outlines the required documents and procedures for the release of cash bond for foreigners, including the submission of specific orders, receipts, and fees, as well as the involvement of the Legal Division and Finance and Management Division.
A

Documentary Requirements for Cash Bond Release

  • To obtain the release of a cash bond posted by a foreigner, the claimant must submit specific documents:
    • Original or certified true copy of the Order directing the posting of the cash bond.
    • Original or certified true copy of the Order of refund of cash bond, signed by the Commissioner.
    • A formal request for refund made by the claimant.
    • The original official receipt evidencing the cash bond deposit.
    • Official receipt showing payment of the filing fee for the cash bond refund.
    • Official receipt for the legal research fee.

Additional Documentary Requirements When a Representative Files for Refund

  • If an authorized representative files for the refund on behalf of the claimant, additional documents are required:
    1. A Special Power of Attorney (SPA) valid for six (6) months.
    2. Valid identification (ID) of the claimant.

Duties and Timeframe of the Legal Division

  • Upon filing a refund request, the Legal Division has seven (7) days to process the application.
  • Within this period, the Legal Division must prepare and forward to the Commissioner a draft order either granting or denying the refund request.

Duties and Timeframe of the Finance and Management Division (FMD) & Cash Section

  • After issuance of the Commissioner’s Order granting the refund, the Finance and Management Division must act within seven (7) days.
  • The Division is responsible for issuing the appropriate check to facilitate encashment of the refunded cash bond.

Effectivity of the Operations Order

  • This Operations Order becomes effective fifteen (15) days following its receipt by the Office of the National Administrative Register (ONAR) at the University of the Philippines Law Center, Diliman, Quezon City.
  • The adoption date of the Order is 09 October 2014, establishing the date for reckoning effectivity.

Legal Authority and Purpose

  • The issuance of these guidelines is pursuant to the Commissioner of Immigration’s rule-making authority under applicable immigration laws.
  • The guidelines clarify and systematize the documentary requisites and processes for the refund and release of cash bonds posted by aliens under immigration control.

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