Guidelines on Section 47 Visas Implementation

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BI Operations Order No. SBM-2015-007: Guidelines on Section 47 Visas Implementation

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Title Supreme Court: Guidelines on Section 47 Visas Implementation

Law: Bi Operations Order No. Sbm-2015-007

Decision Date: Mar 20, 2015

The Philippine Jurisprudence case involves the implementation of revised guidelines for visas under Section 47(a)(2) of Commonwealth Act No. 613, exempting approved foreign volunteers and their dependents from visa and immigration fees but requiring them to obtain an Emigration Clearance Certificate (ECC) and a Special Return Certificate (SRC) when leaving and re-entering the Philippines.

revised guidelines

implementation of visas

A

Delegation of Visa Issuance Authority

The President delegated the Department of Justice (DOJ) the authority to issue visas under Section 47(a)(2).
Such visas may be issued with or without the payment of applicable immigration fees as determined.

Implementation Challenges and Previous Guidelines

Confusion existed regarding the obligations of Section 47(a)(2) visa holders concerning immigration clearances and fee payments upon departure.
To address this, Operations Order No. SBM-2014-055 was issued on November 4, 2014, providing initial implementation guidelines.

Request for Exemption by Philippine Economic Zone Authority (PEZA)

On January 29, 2014, PEZA Director General requested an exemption from Operations Order No. SBM-2014-055 coverage for PEZA-endorsed visas.
Cited laws include Presidential Decree No. 66 and Article 76, Book VI of Executive Order No. 226 (1987 Omnibus Investment Code).
Foreign nationals with multiple-entry special visas issued under PEZA provisions, including spouses and dependents, are exempt from alien certificates and clearances.

Revised Guidelines: Section 1 - PEZA-Endorsed Section 47(a)(2) Visas

Holders of PEZA-endorsed Special Non-immigrant Visas and their spouses and dependents:
- Are exempt from obtaining alien certificates.
- Are exempt from all Bureau of Immigration (BI) clearances.
- Are exempt from payment of Emigration Clearance Certificate (ECC) and Special Return Certificate (SRC) fees.

Revised Guidelines: Section 2 - Other Section 47(a)(2) Visas

Section 47(a)(2) visas not endorsed by PEZA are generally not exempt from:
- Securing alien certificates.
- Obtaining other BI clearances.
- Payment of immigration fees.
Exceptions exist if DOJ Indorsement expressly states the visa is "free from payment visa and immigration fees."
Such visas must indicate "EXEMPT" visibly.

Revised Guidelines: Section 3 - Fee-Required Section 47(a)(2) Visas

Unless otherwise indicated by DOJ Indorsement, these visas require:
- Payment of regular immigration fees.
- Compliance with clearance requirements.
Such visas must clearly state "To secure ECC/SRC upon departure".

Revised Guidelines: Section 4 - Supersession of Prior Orders

This Order repeals Operations Order No. SBM-2014-055.
Any inconsistent issuances are amended or modified accordingly.

Revised Guidelines: Section 5 - Effectivity

The revised guidelines took effect immediately upon issuance on March 20, 2015.
The Order was furnished to the Office of the National Administrative Register (ONAR) at the U.P. Law Center.

Important Legal Concepts and Procedures

Distinction between PEZA-endorsed and other Section 47(a)(2) visas is crucial for immigration clearance and fee obligations.
DOJ Indorsement plays a key role in determining visa holders' fee exemption status.
BI clearance requirements and payment of ECC/SRC fees are mandatory unless specifically exempted.
The Order ensures clarity, uniformity, and legal compliance in processing Section 47(a)(2) visas.

END