Law Summary
Mission Order Issuance (Section 1)
- Issued upon reasonable determination from verifiable intelligence that a foreigner violated or is about to violate immigration or other Philippine laws.
- Commissioner or Acting Commissioner may issue the order in the interest of national security, public health, safety, or national interests.
- Allows warrantless arrest if probable cause exists and the foreigner is caught flagrante delicto.
- Mission Order may be motu proprio or based on written request from other law enforcement agencies.
Written Requests from Other Law Enforcement Agencies (Section 2)
- Requests for joint operations must include purpose, place, time, and relevant details.
- BI will not accept turn-over of foreigners without prior coordination unless they pose public danger or are fugitives.
Contents and Validity of Mission Order (Section 3)
- Valid for seven (7) working days.
- Must specify subject foreigner’s identity or use "john doe" if unknown.
- Include address, personal circumstances if known.
- Names and designations of BI personnel serving the order.
- Date of issuance and clear directive for investigation and possible warrantless arrest.
Service and Execution of Mission Order (Section 4)
- Only duly authorized permanent/organic BI personnel or permanent government officials on detail to BI may serve the order.
- Assistance from confidential agents or other officers allowed if warranted.
- Orders only served during office hours except when dealing with fugitives or persons posing threats.
Procedure in Executing Mission Order (Section 5)
- Execution without delay and with respect for human rights.
- Probable cause arrest must include informing the foreigner of their rights under RA 7438 (to know reasons, right to counsel, right to remain silent).
- Upon arrest, foreigners are brought to Intelligence Division for booking, imaging, fingerprinting, and record checks.
- Embassy or consular notification required.
Duties of Arresting Officers and Intelligence Division (Section 6)
- Arresting officers must forward case records within 12 hours to Legal Division.
- Documents to include Post Mission Report with Affidavit of Arrest, Mission Order, Intelligence Report, inventory of seized items, and other evidence.
Role of Civil Security Unit (CSU) (Section 7)
- Secure and guard arrested foreigners upon arrival at BI Main Office or Sub-port Offices.
Role of Special Prosecutor (Section 8)
- Legal Division assigns case to Prosecution and Legal Assistance Section (PLAS).
- Special Prosecutor has 36 hours from arrest to file Charge Sheet or recommend release.
- Approval of Charge Sheet or Release Order must be granted by Chief, Legal Division.
- Foreigners, counsel, and embassy must receive copies of filings/orders.
- Foreigners may request preliminary investigation but must waive Article 125, Revised Penal Code provisions.
- Investigation must conclude within 15 days.
Turnover to BI Wardenas Facility (Section 9)
- After inquest or request for preliminary investigation, custody transferred to BIWF by CSU.
- Commitment Order issued by Chief, Legal Division.
Duties of BIWF (Section 10)
- Upon receiving custody, Warden must log names of BI personnel transferring custody, personal data of foreigners, Mission Order, Affidavit of Arrest, Commitment Order, and inventory of properties.
Custody Turnover in Urgent Situations (Section 11)
- Foreigners may be delivered directly to BIWF if no time for same-day investigation.
- Arresting officers to still prepare case records within 12 hours and submit ASAP.
- Warden logs details but Commitment Order may be pending.
- Interrogation by Legal Division scheduled next working day; Special Prosecutor assigned if beyond 36 hours.
Handling Intercepted Foreigners (Part 2, Section 12-23)
- Foreigners with fake/fraudulent documents at ports arrested by Airport Operations Division under warrantless arrest rules.
- Human rights respected; rights under RA 7438 must be read.
- For those with fake TVV extensions, exit clearances, border stamps – interdiction report with affidavit must be indorsed within 12 hours.
- BMSU temporarily holds such foreigners.
- Legal Division investigates and within 36 hours recommends release or directs them to leave within 24 hours under specified payment conditions including updating fees and blacklisting.
- Failure to comply with order to leave leads to deportation proceedings, filing of charge sheets, and custody transfer to BIWF.
- For intercepted foreigners not falling under the above category, booking and notifications occur within 6 hours, and cases forwarded to Legal Division.
- CSU secures all intercepted foreigners.
- Investigation and turnover procedures mirror the arrested foreigners’ process.
- Special provisions for custody turnover if time constraints exist.
Effectivity (Section 23)
- Operations Order effective 15 days after receipt by the Office of the National Administrative Register (ONAR).