Duty of Foreigners to Present Their Passports and/or ACR I-Cards Within Forty Eight Hours Upon Demand
BI Operations Order No. SBM-2014-050 mandates that foreigners in the Philippines must present their passports and/or ACR I-Cards within 48 hours upon demand from immigration officials. This requirement stems from the Philippine Immigration Act of 1940, which places the burden of proof on foreigners to demonstrate lawful entry into the country. Failure to comply within the specified timeframe may result in deportation proceedings. Exceptions apply for foreigners under a Mission Order, who must present their documents immediately. Immigration officials are required to follow specific protocols when demanding these documents, with disciplinary actions for non-compliance.
October 13, 2014
BI OPERATIONS ORDER NO. SBM-2014-050
DUTY OF FOREIGNERS TO PRESENT THEIR PASSPORTS AND/OR ACR I-CARDS WITHIN FORTY EIGHT HOURS UPON DEMAND
WHEREAS, the Philippine Immigration Act of 1940 (Commonwealth Act No. 613), as amended, mandates the Bureau of Immigration (BI) as the agency principally responsible for the administration and enforcement of foreigners' admission, deportation and registration laws;
WHEREAS, CA 613 Secs. 10, 15 and 37 (d) provide that foreigners have the burden of proof to show that they entered the Philippines lawfully through valid passports and visas;
WHEREAS, RA 562, Sec. 7, provides that foreigners subject to registration shall upon demand by any immigration official exhibit their ACR I-CARDs;
WHEREAS, there are foreigners who fail to present their passports and ACR I-CARDs without justifiable reasons;
NOWTHEREFORE, pursuant to CA 613, Sec. 3 granting rule-making power to the Commissioner, the following shall be observed:
SECTION 1. Presentation of Immigration Documents. — Upon demand by immigration officials, foreigners shall have forty eight (48) hours to present their passports and/or ACR I-Cards ("immigration documents").
Any foreigners who fails to present his immigration documents with the 48 hour period shall be subjected to deportation proceedings under CA 613, Secs. 37 (a) (1), 37 (a) (2), 37 (a) (7) and all other applicable sections in CA 613.
SECTION 2. Exception to the 48 Hour Requirement. — In cases when the foreigners are subject of a Mission Order, the foreigners shall be required to present their immigration documents immediately.
SECTION 3. Duty of Immigration Official. — Any immigration official who shall demand the production of immigration documents shall (i) extend utmost courtesy; (ii) be in proper official uniform; and (iii) present a valid BI Identification Card.
Any immigration official who fails to observe the foregoing protocol shall be liable for appropriate disciplinary sanctions.
SECTION 4. Effectivity. — This Operations Order shall take effect fifteen (15) days from receipt of the Office of the National Administrative Register (ONAR), U.P. Law Center, U.P. Diliman, Quezon City. HCDAcE
(SGD.) SIEGFRED B. MISONCommissioner