Title
Deportation Guidelines for Foreigners Claimed by Agencies
Law
Operations Order No. Jhm-2018-008
Decision Date
Apr 2, 2018
The Philippine Jurisprudence case explores the guidelines for the deportation of foreigners to their declared nationality country, unless directed otherwise by the Department of Justice, with a requirement to furnish a copy of the order to the Office of the National Administrative Register.
A

Principle Rule on Deportation

  • A deportable foreigner shall be deported to the country of his declared nationality.
  • Deportation is to be effected through the foreign passport presented by the alien at the port of entry.
  • This rule is subject to specific provisions under Commonwealth Act No. 613, Sections 36 and 38.

Exceptions and Department of Justice Intervention

  • The Department of Justice may issue directives overriding the default deportation country.
  • Such intervention is allowed to address special cases or legal considerations.

Administrative Implementation

  • The Order became effective on April 2, 2018, with adoption dated March 27, 2018.
  • It mandates coordination with the Office of the National Administrative Register (ONAR), University of the Philippines Law Center.

Legal Context and References

  • The issuance is grounded on the existing immigration laws empowering the Commissioner of Immigration.
  • It specifically invokes Commonwealth Act No. 613, Sections 36 and 38, indicating their relevance in deportation matters involving multiple claims by foreign agencies.

Key Legal Concepts Covered

  • Definition of deportable foreigner as one subject to removal from the Philippines.
  • Recognition of competing claims by different foreign agencies over such an individual.
  • Clarification of the deportation destination based on nationality and travel documents.
  • Role of the Department of Justice to mediate or direct alternate deportation arrangements.
  • Importance of administrative coordination to ensure proper implementation and record-keeping.

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