Required Contents and Validity Period of the WOD
- The WOD is valid for 30 days from issuance.
- It must contain: the foreigner's known name and aliases, residence or domicile, significant personal circumstances or physical features, deportation case docket number, date of issuance, and an Arrest Order from the issuing authority.
Duties and Procedures of the Legal Division (LD)
- LD must prepare the WOD with proof of service within 48 hours of a final deportation order.
- Proof of service is waived for fugitives, illegal entrants, or undocumented foreigners.
- LD forwards the approved WOD without delay to the Intelligence Division and retains a copy in deportation records.
Service of WOD by Intelligence Division and Law-Enforcement Assistance
- Authorized intelligence personnel serve the WOD to the foreigner.
- Assistance from law-enforcement agencies can be requested if needed.
Special Directives on Service and Arrest
- Arrested foreigners must be brought promptly to the Intelligence Division for biometric capturing and reporting.
- Compliance with RA 7438 is mandatory during arrest procedures.
- The Chief of Intelligence Division ensures conformity with related laws governing arrests.
Rights of Arrested, Detained, or Custodially Investigated Persons
- Right to counsel at all times during arrest or detention.
- Right to be informed of the right to remain silent and to have independent counsel in a language they understand.
- The investigation report must be in writing, explained, and signed or thumb-marked; otherwise, it is void.
- Extrajudicial confessions must be written, signed in the presence of counsel or valid waiver and appropriate witnesses; non-compliance renders them inadmissible.
- Waivers must be in writing and signed with counsel present; otherwise invalid.
- Rights to family, medical, religious, or NGO visits are guaranteed.
- Custodial investigation includes issuance of invitations for inquiries without loss of liability.
Reporting and Documentation after WOD Service
- Within 24 hours of foreigner’s arrest, a post-mission report must be submitted detailing WOD service, arrest, items seized, foreigner’s address, and biometric data.
Custody Remand Procedures
- Upon arrest, the foreigner’s custody is remanded without delay to the Bureau of Immigration Warden’s Facility (BIWF) under a Legal Division-issued Commitment Order.
Duties of the Bureau of Immigration Warden’s Facility (BIWF)
- The BIWF must register names of BI personnel handing over the foreigner's custody, foreigner's identities, copies of the WOD, Commitment Orders, and detailed inventories of personal effects.
Non-Service of WOD and Alias WOD
- If the WOD is not served within 30 days, the Chief of Intelligence Division must file a non-service report within 72 hours.
- An Alias WOD is then prepared by the Legal Division for Commissioner’s approval and remains valid until arrest.
- Weekly status reports on Alias WOD are submitted and evaluated under civil service rules.
Repealing Clause
- All inconsistent rules, procedures, guidelines, and previous issuances are repealed or modified accordingly.
Effectivity
- This Operations Order takes effect immediately upon approval.
- A copy is to be sent to the Office of the National Administrative Register, UP Law Center, Diliman, Quezon City.