Payment of Fines and Penalties (Section 1)
- Foreigners with prior fraudulent or expired entry visas who have converted to valid visas and departed:
- Must pay a Fifty Thousand Pesos (P50,000) Immigration Arrears Release Certificate (IARC) fine.
- Must pay an Express Lane Fee of Ten Thousand Pesos (P10,000).
- For foreigners with fraudulent or expired TVVs or TVV extensions who have converted to valid visas and departed:
- IARC payment of Fifty Thousand Pesos (P50,000).
- Payment of updating fees and penalties corresponding to the fraudulent TVVs or TVV extensions.
- Payment of Express Lane Fee of Ten Thousand Pesos (P10,000).
Duties of BI Offices Upon Discovery (Section 2)
- Port Operations Division (POD), Tourist Visa Section (TVS), Immigration Regulation Division (IRD), Intelligence Division (ID), Alien Control Officer (ACO), and other BI offices must:
- Hold the passport with an Acknowledgement Receipt upon discovery of an expired fraudulent visa.
- Admit foreigners with valid subsequent visas but hold their passports when discovered during re-entry.
- Forward the passport and incident report to the Legal Division within 48 hours.
Duties of the Anti-Fraud Section (Section 3)
- Within 48 hours of receiving a request from the Legal Division, the Anti-Fraud Section must issue a certificate categorizing the suspected expired visa as:
- Genuine, fake, altered, counterfeit, fraudulent, or indeterminate.
- Provide a copy of the certificate to the Legal Division and the requesting BI office.
Duties of the Legal Division (Section 4)
- Within 48 hours of receiving the passport, incident report, and Anti-Fraud Section certificate:
- Draft an order for the Commissioner's signature directing the payment of imposed fines.
- Allow the foreigner fifteen (15) working days to pay the fines.
- Forward related records to the Chairman of the Board of Discipline for possible administrative investigation of involved BI personnel.
Consequences of Non-Compliance (Section 5)
- If the foreigner fails to pay the fines:
- Legal Division drafts an order for the Board of Commissioners’ signature.
- Direct visa forfeiture of the valid visa.
- Require the foreigner to leave the Philippines within 15 days of receipt.
- Include the foreigner’s name in the blacklist, if applicable.
Additional Provisions
- Repealing Clause (Section 6): Repeals or modifies all prior inconsistent rules, procedures, guidelines, and issuances.
- Effectivity (Section 7): The Order takes effect immediately upon approval and is filed with the Office of the National Administrative Register, University of the Philippines Law Center.
Legal Principles Applied
- The grant of stay privileges to foreigners is discretionary by the State.
- Each entry into the Philippines is treated as a fresh entry, hence penalties aimed at fraudulent past visas do not annul valid subsequent visas until non-compliance occurs.
- Coordination among different BI offices is mandated to ensure proper handling and documentation.
Enforcement Mechanism
- Holds passports as evidence and issues official receipts.
- Requires timely reporting and certification of the authenticity of visas.
- Imposes fines and administrative penalties through official orders.
- Investigates BI personnel for any administrative lapses linked to the incident.
- Escalates non-compliance to visa forfeiture, deportation requirements, and blacklisting.