Title
Guidelines on deportation of claimed foreigners
Law
Operations Order No. Jhm-2018-003
Decision Date
Jan 31, 2018
Operations Order No. JHM-2018-003 establishes guidelines for the deportation of foreigners claimed by multiple foreign agencies, ensuring that deportable individuals are returned to their declared nationality using their presented foreign passport.
A

Rulemaking Authority and Legal Basis

  • Issued under the rule-making authority of the Commissioner of Immigration
  • Grounded on relevant immigration laws applicable in the Philippines
  • Ensures compliance with existing statutory provisions, particularly Commonwealth Act No. 613

Key Provision on Deportation Destination

  • Deportable foreigners shall be deported to the country of their declared nationality
  • The declared nationality must be duly evidenced by the foreign passport presented at the port of entry
  • The deportation destination is determined based on official travel documents rather than claims by foreign agencies

Procedural Instructions and Implementation

  • Immigration authorities to follow the established criteria when deciding the deportation destination
  • Prevents conflicts and enhances uniformity in deportation procedures
  • Guidance applies at the initial point of entry or re-entry of the foreign national

Compliance and Distribution

  • A copy of the Order is to be furnished to the Office of the National Administrative Register (ONAR)
  • Ensures transparency and records management through distribution to the U.P. Law Center, U.P. Diliman, Quezon City

Legal References

  • Reference made to Commonwealth Act No. 613, particularly Sections 36 and 38, which govern deportation procedures and rights
  • Compliance with these sections ensures the legality of the deportation process

Authoritative Endorsement

  • Signed and adopted by Jaime H. Morente, Commissioner of Immigration
  • Official documentation dated 16 January 2018 with the order filed on 31 January 2018

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