Scope: when Orders to Leave apply
- The procedures cover Orders to Leave issued pursuant to Immigration Memorandum Circular No. SBM-2013-003.
- The procedures also cover Orders to Leave issued pursuant to Immigration Administrative Order No. SBM-2013-013.
- The procedures further cover Orders to Leave pursuant to a deportation complaint.
- The order governs implementation steps that include authorization updating/extension, Emigration Clearance Certificate (ECC) processing, possible Bureau blacklist inclusion directives, and physical escorting to the boarding gate at the international port of exit.
Key offices and core duties
- The Visa Extension Section (VES) performs visa authorization updating/extension (or processing of updating authorized stay in deportation-compliant flows) and coordinates onward transmittals.
- The Office of the Commissioner acts on submitted Orders to Leave within required timelines and directs execution (including blacklist implementation if ordered).
- The Information and Communication Technology Section (ICTS) encodes implemented blacklist or derogatory orders in the Bureau’s derogatory database and handles blacklist monitoring reports.
- The Alien Registration Division (ARD) processes and issues the Emigration Clearance Certificate (ECC) when “cleared,” and transmits records with the original ECC to the Intelligence Division (ID).
- The Legal Division (LD) evaluates and prepares Orders to Leave in applicable cases, including Orders prepared after preliminary investigation of a deportation complaint and preparation of Orders to Leave for cases requiring legal evaluation.
- The Intelligence Division (ID) implements the Order to Leave within the time specified in the Order (or by the ticket departure date, whichever is earlier) by physically escorting the respondent/applicant to the boarding gate.
Timing and processing: overstays ≤ 12 months
- For foreigners who overstayed for twelve (12) months or less but stayed beyond the maximum allowable period, the VES must:
- Process and evaluate the application for updating and extension of authorized stay as temporary visitor within six (06) working hours from receipt.
- Prepare the appropriate Order to Leave upon proof of full payment of immigration fees, fines, and other charges due and payable.
- Transmit the Order and the entire records to the Office of the Commissioner for action.
- For the same category, the Office of the Commissioner must act within four (4) working hours from receipt:
- If approved, return the Order and entire record to the VES for implementation of updating/extension.
- If not approved, refer the matter to the concerned office for further processing.
- If the Order includes a directive to include the applicant’s name in the Bureau blacklist, implement the directive and furnish the ICTS a copy of the Order.
- For the same category, the ICTS must immediately upon receipt encode the implemented blacklist order in the Bureau’s derogatory database.
- For the same category, the VES must, within six (06) working hours from receipt of the approved Order:
- Implement in the applicant’s passport the updating and extension of authorized stay.
- Transmit the entire records to the ARD.
- Furnish the applicant a copy of the Order personally or through an authorized representative, with proper acknowledgment of receipt.
- For the same category, the ARD must, within twenty-four (24) working hours from receipt of entire records:
- Process and issue the applicant’s Emigration Clearance Certificate (ECC) if cleared.
- Thereafter transmit the same records together with the original of the ECC to the ID.
- For the same category, the ID must implement the Order to Leave not later than the period prescribed in the Order or on the date of departure indicated in the applicant’s airline passage ticket—whichever comes earlier—by physically escorting the applicant to the boarding gate of the international port of exit.
Timing and processing: overstays > 12 months
- For foreigners who overstayed for more than twelve (12) months regardless of length of stay, the VES must, within six (06) working hours from receipt of an application:
- Assess the amount of immigration fees, fines, and other charges due and payable.
- Transmit the application together with the original valid passport and the assessment to the LD.
- For the same category, the LD must, within twenty-four (24) working hours from receipt of the application and assessment:
- Evaluate the application.
- Prepare the Order to Leave in accordance with existing laws, rules, and regulations.
- Transmit the Order and the entire record to the Office of the Commissioner.
- For the same category, the Office of the Commissioner must act within four (4) working hours from receipt:
- If approved, return the Order and entire record to the VES for implementation of updating/extension.
- If not approved, refer to the concerned office for further processing.
- If the Order includes a directive to include the applicant’s name in the Bureau blacklist, implement the directive and furnish ICTS a copy.
- For the same category, the ICTS must immediately upon receipt encode the implemented derogatory order in the Bureau’s derogatory database.
- For the same category, the VES must, within six (06) working hours from receipt of the approved Order:
- Implement in the applicant’s passport the updating and extension of authorized stay upon proof of full payment of all assessed immigration fees, fines, and other charges.
- Transmit the entire records to the ARD.
- Furnish the applicant a copy of the Order with proper acknowledgment of receipt.
- For the same category, the ARD must, within twenty-four (24) working hours from receipt of entire records:
- Process and issue the applicant’s ECC if cleared.
- Transmit the same records together with the original ECC to the ID.
- For the same category, the ID must implement the Order to Leave not later than the period prescribed in the Order or the ticket departure date—whichever comes earlier—by personally escorting the applicant to the boarding gate of the international port of exit.
Downgrading applications under administrative order
- For Orders to Leave issued pursuant to Immigration Administrative Order No. SBM-2013-013, the processing office must, within six (06) working hours from receipt:
- Process and evaluate the application for downgrading with the appropriate Order to Leave.
- Transmit the Order and entire records to the Approving Authority.
- The Approving Authority must act within four (4) working hours from receipt:
- If approved, return the Order and entire record to the processing office for implementation of downgrading.
- If not approved, refer to the concerned office for further processing.
- If the Order directs inclusion of the applicant’s name in the Bureau’s derogatory database, transmit the Order to the Office of the Commissioner for implementation and furnish ICTS a copy.
- The ICTS must immediately upon receipt encode the implemented derogatory order in the Bureau’s derogatory database.
- The processing office must, within six (06) working hours from receipt of the approved Order:
- Implement in the applicant’s passport the downgrading upon proof of full payment of all assessed immigration fees, fines, and other charges.
- If an ECC is required, transmit the entire records to the ARD; otherwise transmit to the ID.
- Furnish the applicant a copy of the Order with proper acknowledgment of receipt.
- The ARD must, within twenty-four (24) working hours from receipt of entire records:
- Issue the applicant’s ECC if cleared.
- Transmit the same records together with the original ECC to the ID.
- The ID must implement the Order to Leave not later than the period prescribed in the Order or on the ticket departure date—whichever comes earlier—by physically escorting the applicant to the boarding gate of the international port of exit.
Orders to leave from deportation complaint
- Upon a deportation complaint, the LD must prepare an Order to Leave when preliminary investigation findings show an Order is appropriate, and transmit it with the entire complaint records to the Office of the Commissioner.
- The Order prepared under a deportation complaint must direct the respondent to report to the ID within three (3) working days from receipt, and failure to comply must result in initiation of deportation proceedings against the respondent.
- The Office of the Commissioner must act within four (4) working hours from receipt:
- If approved, transmit the Order and entire record to the ID for implementation.
- If not approved, return the matter to the LD for further proceedings.
- If the Order also directs inclusion in the Bureau blacklist, implement the directive and furnish ICTS a copy.
- The ICTS must immediately upon receipt encode the implemented blacklist order in the Bureau’s derogatory database.
- The ID must, upon the respondent’s reporting in compliance with the Order:
- Require submission of the respondent’s original valid passport or travel document for evaluation and determination of other obligations with the Bureau (including updating of authorized stay and ECC requirements).
- If updating authorized stay and an ECC are needed, transmit the entire records to the VES and ARD respectively.
- Otherwise, implement the Order to Leave not later than the period prescribed in the Order or on the ticket departure date—whichever comes earlier—by physically escorting the applicant to the boarding gate.
- The VES must, within six (06) working hours from receipt of relevant records:
- Process, assess, and implement updating of respondent’s authorized stay upon proof of full payment of immigration fees, fines, and other charges due and payable.
- If an ECC is required, transmit the entire records to the ARD; otherwise transmit to the ID for implementation in accordance with the deportation-complaint implementation process.
- The ARD must, within twelve (12) working hours from receipt of entire records:
- Process and issue the ECC if cleared.
- Transmit the same records together with the original ECC to the ID for implementation.
Reportorial and ICT monitoring duties
- For every implemented Order to Leave, the ID must submit an Implementation Report to the Office of the Commissioner within twenty-four (24) hours from implementation.
- The ID must transmit the entire records of each implemented Order to the Records Section for safekeeping.
- The ID must submit a weekly report to the Office of the Commissioner, with copy furnished to the LID, on implemented and unimplemented Orders to Leave.
- The ICTS must, at the end of each working day, transmit to the Office of the Commissioner a list of names encoded in the blacklist by virtue of this Operations Order.
- The ICTS must develop, within thirty (30) working days from approval of this Order, an IT program managed and operated by the Office of the Commissioner to effectively and efficiently monitor implementation of Orders to Leave.
Repeal and effectivity rules
- All previous issuances inconsistent with BI Operations Order No. SBM-2014-006 are repealed and/or modified accordingly under the order’s Repealing Clause.
- The order takes effect immediately upon approval.
- A copy of the order must be furnished to the Office of the National Administrative Register (ONAR), U.P. Law Center, Diliman, Quezon City.