Constitutional and Jurisprudential Policy Basis
- The order is grounded on Article II, Section 12 of the 1987 Philippine Constitution, which recognizes the sanctity of family life and mandates the State to protect and strengthen the family.
- The order adopts the principle from Domingo v Scheer (G.R. No. 154745, January 29, 2004) that deportation can be as great as, or greater than, a criminal sentence because it forcibly removes an alien from home, family, business, and property.
- The order reflects the position of the Office of the President and the Department of Justice that deportation of foreigners with strong family ties who commit simple immigration violations constitutes a disproportionate penalty.
- The order requires definition of “strong family ties” in relation to immigration-law violations and imposes a defined penalty scheme instead of deportation.
Rule-Making Authority and Related Fees
- The order is issued pursuant to the BOI’s rule-making authority under Commonwealth Act No. 613, Section 3.
- The order recognizes that CA 613, Section 42(a)(19) provides for other certificate fees that may be imposed for foreigners seeking to remain in the Philippines.
Definitions: “Strong Family Ties”
- A “foreigner with strong family ties” refers to a foreigner who, prior to the filing of the deportation complaint, satisfies at least one of the following:
- The foreigner has a Filipino wife (legally married).
- The foreigner is scheduled to marry a Filipino.
- The foreigner has a Filipino child whether biological or legally adopted.
- The foreigner is expecting the birth of his/her Filipino child, where the child was conceived prior to the complaint.
What Counts as “Simple Immigration Violations”
- “Simple immigration violations” include, but are not limited to:
- Overstaying.
- Simple/slight discourtesy toward Philippine officials.
- Simple/slight discourtesy toward the Filipino community.
- Other analogous circumstances.
Payment Instead of Deportation
- A foreigner with strong family ties who is found to have committed a simple immigration violation must not be deported and must instead pay specified obligations.
- Payment must be made within thirty (30) days from notice of the Order.
- The required payments are:
- Immigration Arrears Release Certificate (IARC) amounting to Fifty Thousand Pesos (P50,000.00) for every year of overstaying (or fraction thereof); or
- Immigration Compliance Certificate (ICC) amounting to Fifty Thousand Pesos (P50,000.00); and
- Temporary Visitor Visa (TVV) updating fees and penalties in cases of overstaying; and
- Express lane fees amounting to Five Thousand Pesos (P5,000.00).
- The Legal Division shall prepare the appropriate order for purposes of implementation.
Failure to Pay Triggers Deportation
- If the foreigner fails to comply with the order within the prescribed period, the Legal Division must initiate deportation proceedings.
- Deportation proceedings must be initiated within ten (10) days from notice of such failure.
Payment Monitoring Responsibility
- The Visa Extension Section shall monitor compliance with the order to pay IARC or ICC and other fees/penalties.
Repeal and Modification of Inconsistent Rules
- All rules, procedures, guidelines, and previous issuances inconsistent with the operations order are repealed and/or modified accordingly.