Initiation of Deportation
- Deportation may be initiated by a verified complaint.
- Alternatively, an Intelligence Report or government office referral can start proceedings.
Verified Complaint Requirements
- Must be verified and specify the alien's name, address, and specific violations of the Philippine Immigration Act.
- Intelligence Reports need not be verified but must contain specific information.
- Applies to complaints based on undesirability.
Action on Complaints Involving Crime or Felony
- Complaints alleging crimes are referred to appropriate government agencies.
- If involving moral turpitude, proceedings continue under specified rules.
Handling Complaints Concerning Monetary Claims
- Complainants are advised to seek remedy through appropriate agencies for monetary disputes.
- Complaints alleging fraud through asset alienation or absconding proceed under deportation rules.
Filing Complaints and Prima Facie Determination
- Complaints filed at the Commissioner's office.
- Complaints must establish a prima facie case or be dismissed.
- Prima facie complaints referred to Special Prosecutor for charge preparation.
Role and Duties of Special Prosecutor
- Has 3 days to prepare written charges after receiving investigation reports.
- Must notify the alien, counsel, and embassy, providing copies of charges.
- Proof of service must be documented.
Transmittal and Docketing of Deportation Records
- Special Prosecutor sends records to the Executive Director.
- Executive Director assigns docket number and prepares copies for Board Commissioners.
- Maintains official records.
Submission and Handling of Memoranda
- Alien must submit a verified memorandum with defenses and evidence.
- Four copies submitted to Executive Director; copies sent to Special Prosecutor.
- Special Prosecutor may file comments/opposition within 3 days.
- No rebuttal, sur-rebuttal, or additional pleadings allowed except one short extension.
Scheduling and Preparation for Deliberation
- Executive Director sets deliberation date for the Board.
- Commissioners must receive deportation records at least 3 days prior.
Resolution and Judgment
- Board convenes to resolve the case based on memoranda.
- Judgment includes facts, findings, issues, and rulings.
- Certified copy provided to Executive Director.
Promulgation of Judgment
- Executive Director promulgates judgment via direct service to alien, counsel, or embassy.
- Proof of service attached to records.
- Copy transmitted to the Office of the President.
Motion for Reconsideration
- Alien has 3 days to file verified motion for reconsideration.
- Only one type of pleading allowed at this stage.
- Board resolves motion within 2 days.
Finality of Judgment
- Judgment becomes final and executory 30 days after promulgation unless the President orders otherwise.
Effect of Habeas Corpus on Deportation
- Filing a habeas corpus petition does not stay deportation if charges have been filed by the Special Prosecutor.
Summary Deportation Procedures
- Summary deportation allowed if the alien’s passport is cancelled or not re-issued by their embassy.
- Special Prosecutor prepares charges immediately; Board issues Summary Deportation Order.
- Not allowed if the alien will evade prosecution for crimes or liabilities in the Philippines.
Bail or Recognizance
- Bail petitions filed at the Commissioner's office.
- Release on bail or recognizance is discretionary and only granted on meritorious grounds.
Monitoring and Reporting Cases
- Special Prosecutors must submit weekly reports of all pending complaints to Executive Director.
- No complaint should remain inactive for over 10 days.
Effectivity and Compliance
- Rules take effect immediately upon promulgation.
- Executive Director ensures publication complies with Executive Order No. 292, 1987 requirements.