Cash Bond Release Rules for Foreign Nationals

The Circular is promulgated pursuant to Book IV, Chapter 6, Section 29 and Section 36(2) of Executive Order No. 292 (Administrative Code of 1987).
The Circular is also issued in relation to Section 3 and Section 40 of Commonwealth Act No. 613 (Philippine Immigration Act of 1940).
The Circular sets the rules and procedures specifically to govern the release of cash bonds posted by foreign nationals.
The Circular establishes a framework for release tied to fulfillment of bond conditions and specified immigration-related events.

The Circular provides rules to control and regulate the admission into and departure from the Philippines of foreign nationals applying for temporary admission.
The Circular provides safeguards to ensure that foreign nationals liable to be excluded as likely to become public charges do not become public charges.
The Circular ensures the appearance of a foreign national released from custody during the course of deportation proceedings instituted against them.

The Circular governs the release of cash bonds posted by foreign nationals in the following cases:
- Temporary admission into and departure from the Philippines.
- Insuring against likelihood of becoming a public charge.
- Releasing a foreign national from custody during ongoing deportation proceedings.
The Circular applies when cash bonds are released under the circumstances enumerated in Section 2.
The Circular applies through the processing workflow under Sections 3 to 6, using the offices assigned in the Circular.

Cash bonds may be released when the conditions of the cash bond are fulfilled.
For cash bonds posted to insure against a foreign national becoming a public charge, release is authorized when the Commissioner determines that the likelihood no longer exists.
Cash bonds must be released upon:
- Naturalization of the foreign national as a Philippine citizen.
- Death of the foreign national in whose behalf the bond is posted.
- Actual deportation of the foreign national.
- Dismissal of the deportation case against the foreign national.

An application for release must be supported by a Letter-Application addressed to the Commissioner, duly signed by the depositor or his duly authorized representative.
If filed by a representative, the representative must submit:
- a Special Power of Attorney valid for six (6) months from date of issue;
- a photocopy of the depositor’s valid ID; and
- photocopies of the representative’s two (2) valid IDs.
The application must include:
- a photocopy of the Order directing the posting of cash bond;
- a photocopy of the BI Official Receipt of cash bond deposit; and
- any proof of compliance or fulfillment of the conditions of the cash bond.
An application must be filed within one (1) year from the occurrence of any circumstance enumerated in Section 2, otherwise the cash bond shall be forfeited in favor of the government.
The one (1) year filing requirement forms part of the depositor’s undertaking in posting the cash bond.

The Central Receiving Unit (CRU) must evaluate the application upon filing as to the completeness of documentary requirements.
If the application is complete and in order, the CRU must transmit the records to the Legal Division within one (1) working day from filing.
If the application is not complete, the CRU must return the application to the applicant for completion.
The Legal Division (LD) must, within five (5) working days from receipt:
- verify the authenticity and veracity of the application and supporting documents;
- evaluate compliance and fulfillment of the bond conditions; and
- prepare a recommended Order for the Commissioner, identifying the payee of the check representing the cash bond for release.
The Office of the Commissioner (OCOMM) must, within one (1) working day from receipt of the recommended Order, submit the same to the Commissioner for appropriate action.
The Finance and Management Division (FMD) must, within three (3) working days from receipt of the Order granting release:
- prepare and issue the corresponding check to the depositor or duly authorized representative,
- subject to the usual government accounting and auditing laws, rules, and regulations.

The Finance and Management Division (FMD) must submit a monthly report to the Commissioner of all released cash bonds.

Operations Order No. SBM-2014-052 is repealed by the Circular.
All other circulars, orders, memoranda, and other issuances inconsistent with the Circular are repealed and/or modified accordingly.