Categories and Corresponding Mandatory Waiting Periods for Lifting Entries
Three (3) months from actual implementation of exclusion order for:
- Public charge cases
- Incompetent individuals and their companions
- Family members accompanying excluded aliens
- Children below 15 years old unaccompanied by parents
- Stowaways
- Improperly documented foreign nationals
Six (6) months from deportation or blacklisting for:
- Voluntary deportations
- Overstaying less than one year
Six (6) months after cure of conditions in:
- Insanity
- Loathsome, dangerous, or contagious diseases
Twelve (12) months from exclusion or deportation for:
- Prostitutes, procurers, or those entered for immoral purposes
- Practitioners or advocates of polygamy
- Paupers, vagrants, beggars
- Unskilled manual laborers
- Indigents
- Entry by misrepresentation or without inspection
- Drunkenness or disorderly conduct at port
- Refusal to comply with inspection
- Unruly or discourteous behavior to officials
- Illegal entrants
- Violation of stay conditions
- Overstaying more than one year
- Cancelled visa, undocumented or improperly documented
Five (5) years from deportation for:
- Engaging in profiteering, hoarding, or black-marketing
- Defrauding creditors
- Undesirability grounds
Ten (10) years from exclusion or deportation for:
- Conviction involving crimes of moral turpitude
- Convictions under the Alien Registration and Naturalization laws
Grounds that Invalidate Qualification to Lift Blacklist Entries
- Involvement in subversive activities
- Conviction for crimes involving prohibited drugs
- Registered sex offenders
- Exceptions may only be granted by order of the Secretary of Justice
Handling of Multiple Grounds in a Single Blacklist Entry
- The longest prescribed waiting period applies when multiple grounds with varying periods are present.
- For fugitives from justice, waiting period corresponds to the crime charged, not less than twelve months from date cleared of charges.
Waivers of Prescribed Periods
- BI Commissioner may waive waiting periods for:
- Humanitarian reasons (e.g., marriage to Filipino, presence of Filipino child, health, age)
- Economic contributions (e.g., significant business or employment contribution)
- Political considerations
- Other special cases
- Discretion adopted for grounds not explicitly listed
Procedure for Filing Requests to Lift Blacklist Entries
- Requests must be addressed to the BI Commissioner and filed at the Main Office.
- Must state nature of request and include authenticated or certified true copies of supporting documents evidencing that the ground for blacklisting no longer exists.
- Filing within prescribed periods does not guarantee approval.
- Filing outside prescribed waiting periods generally results in disapproval, unless waiver is meritorious.
Repealing Clause and Effectivity
- Previous inconsistent issuances are repealed.
- The Order takes effect fifteen (15) days from publication.
- Copy to be furnished to the Office of the National Administrative Register (ONAR), U.P. Law Center, University of the Philippines, Diliman, Quezon City.