Legal basis and declared intent
- The order is issued pursuant to Section 3 of Commonwealth Act No. 613, as amended, otherwise known as the “Philippine Immigration Act of 1940.”
- The order is anchored on the State policy under Republic Act No. 9485 to enhance procedures and timelines and eliminate bureaucratic red tape.
- The order is intended to avert graft and corrupt practices and improve the efficiency of frontline delivery of visa and ACR I-Card services.
- The order implements a BI “Good Guys In, Bad Guys Out” approach that presumes foreigners with bona fide intention to apply for appropriate visa should receive tourist- and/or investment-friendly immigration services.
- The order references BI responsibilities through Executive Order No. 292 (Book IV, Title III, Chapter X, Section 31) and a related implementation provision under Letter of Implementation No. 20 (31 December 1972), Section 14.
Core purpose and coverage
- The order aims to improve procedures and establish timelines for:
- Visa conversion/extension applications; and
- ACR I-Card issuance/renewal.
- The order establishes time-bound workflows across multiple BI offices for processing the applications.
- The order covers handling from document receipt through:
- hearing and review,
- biometrics,
- ACR I-Card template preparation and printing,
- visa implementation in the passport,
- release of the ACR I-Card,
- post-audit, and
- forfeiture/cancellation of unimplemented approvals.
Definitions and key terms
- The order uses the following operational identifiers for processing:
- Central Receiving Unit (CRU)
- LD/BSI Hearing Officer
- Board of Special Inquiry (BSI)
- Alien Registration Division (ARD)
- LD/BSI Chief
- Office of the Executive Director (OED)
- Office of the Associate Commissioner
- Board of Commissioners (BOC)
- Verification and Compliance Division (VCD)
- ACR I-Card
- The order treats “biometrics capturing” as the ARD stage where applicant data is captured after notice.
Required BI office procedures and timelines
- The Central Receiving Unit (CRU) must transmit all application folders received from all offices:
- For visa conversion/extension: to LD/BSI Hearing Officer.
- For ACR I-Card issuance/renewal: to ARD.
- Same day, and before the end of office hours of the day received, only after verifying that the supporting documents are complete and in order according to the prescribed checklist.
- The CRU must advise the applicant to proceed directly to ARD for biometric capturing if visa conversion does not require personal appearance in a hearing, on the date indicated in the notice.
- The LD/BSI Hearing Officer must, on the date indicated in the Notice of Hearing:
- conduct the hearing,
- direct the applicant to immediately proceed to ARD for biometrics capturing,
- within five (5) working days after the actual hearing or submission of additional documents (if warranted), prepare and transmit a recommended Order with the application folder to the respective Chief of the LD and BSI for appropriate action.
- The Hearing Officer’s recommended Orders must contain:
- a “RECOMMENDING APPROVAL/DISAPPROVAL” as the desired action of the Hearing Officer and head of the concerned office;
- an “APPROVED/DISAPPROVED” as the final action by the BOC; and
- the date when the signature of the concerned signatory was affixed.
- The LD/BSI Chief must conduct review and evaluation within three (3) working days from receipt of the Hearing Officer’s Order, indicating APPROVAL or DISAPPROVAL, and must transmit reviewed Orders (with application folder) same day before the end of office hours if review is completed within that working day.
- The OED must transmit Orders and application folders to the designated reviewing Associate Commissioner within the next working day from receipt.
- The Office of the Associate Commissioner must complete review within three (3) working days from receipt and return the same to the OED.
- Any deficiency found must be noted in a separate sheet with recommended action addressed to the BOC.
- All Orders and application folders must be returned to the OED not later than the prescribed period regardless of review outcome.
- The OED must include Orders in the BOC Agenda for the scheduled week, sorting Orders as:
- without deficiencies observed, and
- with deficiencies observed.
- Orders must be received and included no later than 3:00 o’clock in the afternoon of the day prior to the scheduled BOC Meeting.
- Orders received after that time/day must be included in the succeeding week’s BOC agenda without exception.
- The BOC must deliberate and act on the Orders included in the agenda.
- The OED must, within two (2) working days after the BOC Meeting, simultaneously:
- transmit to ARD an agenda indicating applications approved by the BOC and the period of validity of the visa granted; and
- post or cause posting in the BI website the BOC action (approved or disapproved) on applications included in the agenda as due notice to applicants.
- The ARD must, within three (3) working days from receipt of the agenda, complete printing of all ACR I-Cards for approved applications and transmit the printed cards to the OED.
- The OED must execute same day implementation and release of the ACR I-Card:
- implement the approved visa in the applicant’s passport upon presentment and simultaneously release the ACR I-Card.
- within three (3) working days after implementation, transmit the entire application records to VCD for post-audit.
- initiate forfeiture/cancellation of approved visas and ACR I-Cards not implemented within thirty (30) working days from posting of the BOC action on the BI website.
- The VCD must conduct and complete post-audit of all approved applications within three (3) months from transmittal.
Forms of decision and notice to applicants
- Hearing-stage and office-stage handling culminates in BOC action, reflected by the structure of Orders requiring both:
- recommending approval/disapproval by the Hearing Officer and head of the concerned office; and
- approved/disapproved as the final BOC action.
- The BI website posting by OED serves as due notice to applicants for the approved or disapproved action taken by the BOC.
Consequences for non-implementation
- The OED must initiate forfeiture/cancellation of approved visas and ACR I-Cards that are not implemented within thirty (30) working days from posting of the action taken in the BI website.
Repealing and transitory effect
- All previous issuances inconsistent with BI Operation Order No. SBM-14-007 are repealed and/or modified accordingly.