Title
Enforcement of Derogatory Orders in Ports
Law
Bi Operations Order No. Sbm-2014-002
Decision Date
Jan 14, 2014
This Philippine law enforces the Bureau of Immigration's derogatory records, including Hold Departure Orders, Watchlist Orders, Blacklist Orders, and Alert List Orders, to deny departure or take appropriate action against individuals at Philippine international ports of exit.

Law Summary

Hold Departure Order (HDO)

  • Persons on the Hold Departure List are denied departure unless otherwise provided.
  • If subject to a court-issued warrant of arrest, the person shall be turned over to the Philippine National Police (PNP) or National Bureau of Investigation (NBI).
  • If subject to a Bail Order issued by the BI Commissioner related to a pending deportation case, the passport is confiscated and turned over to the Legal Division.
  • The primary Immigration Officer must prepare an Incident Report detailing the failed departure attempt, noted by the On-Duty Immigration Supervisor.
  • Incident Report must be submitted to the Office of the Commissioner within 24 hours.

Watch List Order (WLO)

  • Persons on the Watchlist are denied departure unless otherwise provided.
  • If inclusion is due to a pending deportation case, the passport is confiscated and given to the Legal Division.
  • The primary Immigration Officer must prepare an Incident Report on the failed departure attempt, noted by the On-Duty Immigration Supervisor.
  • Incident Report must be submitted within 24 hours to the Office of the Commissioner.

Blacklist Order (BLO)

  • Foreign nationals on the Blacklist, except those listed due to deportation orders, are NOT denied departure provided their names are not on the Hold Departure, Watch, or Alert Lists.
  • For permitted departures, the primary Immigration Officer prepares an Incident Report with a photocopy of the passport for submission within 24 hours after departure.
  • Report must include:
    • Personal circumstances of the individual.
    • BLO Reference Number.
    • Name of the Immigration Officer who last cleared admission.
  • For blacklist due to deportation order:
    • The individual and passport are referred to the AOD-Intelligence Unit.
    • The AOD-Intelligence Unit forwards the subject and passport to the Legal Division for deportation implementation.

Alert List Order (ALO)

  • Persons on the Alert List are denied departure unless otherwise provided.
  • If subject to a court-issued warrant of arrest, they are turned over to the PNP or NBI.
  • If reasons other than warrant of arrest apply, the passport is confiscated and forwarded to the Legal Division.
  • Primary Immigration Officer must prepare an Incident Report on the failed departure attempt, endorsed by the On-Duty Immigration Supervisor.
  • Incident Report must be submitted to the Office of the Commissioner within 24 hours.

Repeal and effectivity

  • All prior circulars, memoranda, orders, and issuances inconsistent with this order are repealed, amended, or modified accordingly.
  • This Order takes effect immediately upon approval.
  • Copies to be furnished to the Office of the National Administrative Register (ONAR) and U.P. Law Center.

Important procedural requirements

  • Incident reports are a consistent procedural requirement for failed departure attempts under all derogatory orders.
  • Confiscation and turnover of passports to the Legal Division occur in specific cases involving deportation or legal hold.
  • Coordination with law enforcement agencies (PNP, NBI) is mandated where warrant of arrest exists.
  • Time-limited submission of reports (within 24 hours) ensures prompt administrative action and monitoring.

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