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.

Purpose and policy objective

  • The Order is issued to set clear and concrete guidelines on documentary requirements for the release of posted cash bonds.
  • The Order establishes internal processing rules to govern how requests for release/refund are handled after filing.

Documentary requirements for release

  • For the release of cash bonds, the claimant must submit the documents required under Section 1.
  • The documents are:
    • Original/certified true copy of the Order directing the posting of cash bond.
    • Original/certified true copy of the Order of refund of cash bond, duly signed by the Commissioner.
    • Request for refund of claimant.
    • Original official receipt of the cash bond deposit.
    • Filing fee official receipt number for the refund of cash bond.
    • Legal research fee official receipt.
  • The documentary submission requirements in Section 1 are used as the baseline for processing release/refund requests.

Refund filing through authorized representatives

  • When an authorized representative files for refund, the representative must submit additional documents under Section 2.
  • In addition to the requirements in Section 1, the representative must submit:
    • A Special Power of Attorney that is valid for six (6) months.
    • Valid identification (ID) of the claimant.

Legal Division processing timeline

  • The Legal Division must act on the request under Section 3.
  • After a request for release/refund of the posted cash bond is filed, the Legal Division must forward a draft order granting or denying the request to the Commissioner within seven (7) days.
  • This seven (7) days period is measured from the filing of the request.

Finance & Management Division check issuance

  • The FMD & Cash Section is tasked with releasing funds once approval is issued under Section 4.
  • After issuance of an Order granting the release of the cash bond, the Finance and Management Division must issue the appropriate check for encashment.
  • The check issuance must be done within seven (7) days from the issuance of the Order granting release.

Effectivity and publication rule

  • Section 5 provides that BI Operations Order No. SBM-2014-052 takes effect 15 days from receipt of the Office of the National Administrative Register (ONAR), U.P. Law Center, U.P. Diliman, Quezon City.
  • The Order is dated October 09, 2014, and it is adopted on 09 October 2014.

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