Title
Order on Bail Release for Deportation Cases
Law
Bi Memorandum Order No. Add-02-021, May 14, 2002
Decision Date
May 14, 2002
Effective immediately, all Orders for Release on Bail in deportation cases must be signed solely by the Commissioner, requiring the presence of the respondent and their counsel or representative, who must be informed of the bail conditions and fees.

Governing rule on bail-release orders

  • All Orders for Release on Bail of detainees and/or respondents in Deportation Cases must be signed only by the Commissioner.
  • The signing restriction applies to all bail-release orders involving detainees and/or respondents in Deportation Cases.
  • Bail-release orders are governed by the Commissioner-signature requirement effective immediately.

Conditions for signing the bail order

  • First condition: The respondent and his/her counsel must be present at the time of signing of the bail order.
  • If counsel is absent, the nearest of kin or representative must be present instead at the time of signing.
  • Second condition: The respondent and the counsel (or, if absent, the nearest of kin or representative) must be duly apprised of the conditions of the Bail.
  • The apprising requirement applies to everything contained in the bail order, including the amount of the Cash Bond and the legal charges.

Mandatory disclosures to the parties

  • The respondent and counsel (or nearest of kin or representative) must be informed that the bail order contains:
    • the conditions of the Bail, and
    • the amount of the Cash Bond, and
    • the legal charges.
  • The respondent and counsel (or nearest of kin or representative) must be apprised that payments will be issued Official Receipts.
  • The respondent and counsel (or nearest of kin or representative) must be apprised that no other fees shall be charged except for those enumerated in the Order.

Compliance directive

  • The order commands FOR STRICT COMPLIANCE regarding the Commissioner-signature requirement and the attendance and disclosure conditions.

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