Foreigners with Expired Entry Visas, TVVs and Extension Stamps Which are Found to be Fraudulent

May 20, 2015

BI OPERATIONS ORDER NO. SBM-2015-013

FOREIGNERS WITH EXPIRED ENTRY VISAS, TVVs AND EXTENSION STAMPS WHICH ARE FOUND TO BE FRAUDULENT

WHEREAS, the Bureau of Immigration (BI) has observed foreign passport with previously issued and/or expired entry visas, Temporary Visitors Visas (TVVs) or TVV extensions which are found to be fraudulent or counterfeit;

WHEREAS, foreigners with such visas are now holders of valid immigrant, special non-immigrant or non-immigrant visas; HESIcT

WHEREAS, these foreigners have entered and departed the Philippines numerous times using such valid immigrant, special non-immigrant of non-immigrant visas;

WHEREAS, there is a need to balance the interest of the State in punishing foreigners with such visas 1 with the principle that "Every entry is a new entry";

WHEREAS, the law and jurisprudence consistently held that the grant to the foreign of the privilege of staying in the Philippines is discretionary on the part of the State;

WHEREAS, in case of immigration violations, the law and jurisprudence grants the BI the authority to impose penalties to address the violations;

NOW THEREFORE, pursuant to the Commissioner's rule-making authority under Commonwealth Act No. 613, Section 3, the following shall be observed:

SECTION 1. Payment of Fines and Penalties. — A. (i) Foreigners with previously issued and/or expired CA 613, Sec. 9 (a) entry visas which are found to be fraudulent but (ii) have subsequently converted to other valid immigrant, special non-immigrant or non-immigrant visas and (iii) have subsequently departed from the Philippines with such valid visas shall pay the following fines and penalties:

(a) Immigration Arrears Release Certificate [IARC] amounting to Fifty Thousand Pesos (P50,000); and

(b) Express Lane Fee of P10,000.

B. (i) Foreigners with previously issued and/or expired TVVs or TVV extensions which are found to be fraudulent but (ii) have subsequently converted to other valid immigrant, special immigrant or non-immigrant visas and (iii) have subsequently departed from the Philippines with such valid visas shall pay the following fines and penalties:

(a) IARC amounting to Fifty Thousand Pesos (P50,000);

(b) Updating fees and penalties corresponding to the fraudulent TVVs or TVV extension stamps; and

(c) Express Lane Fee of P10,000.

SECTION 2. Duties of the POD, TVS, IRD, ID, ACO and other BI offices. — Upon discovery of the expired fraudulent visa, the Port Operations Divisions (POD), Tourist Visa Section (TVS), Immigration Regulation Division (IRD), Intelligence Division (ID), Alien Control Officer (ACO) and other BI offices shall hold the subject passport with issuance of proper Acknowledge Receipt.

In case the POD discovers the expired fraudulent visas upon re-entry of the subject foreigners, the POD shall admit the subject foreigners by virtue of their subsequent valid visas but shall hold their passport with receipts. (See template of Acknowledgement Receipt with instruction [Annex "A"].)

Within forty eight (48) hours from holding the passport, the aforementioned concerned BI Offices shall forward the passports together with an appropriate Incident Report to the Legal Division (LD).

SECTION 3. Duties of the Anti-Fraud Section. — Within forty eight (48) hours from the receipt of the request for analysis of the suspected expired visa from the LD, the Anti-Fraud Section (AFS) shall issue a certificate categorically stating that the suspected expired visa is (i) genuine; (ii) fake; (iii) altered; (iv) counterfeit; (v) fraudulent; or (vi) the AFS could not make any such determination.

The AFS shall follow its certificate to the Legal Division and shall furnish a copy to the request BI office (if the LD did not make the request).

SECTION 4. Duties of the Legal Division. — Within forty eight (48) hours from receipt of the: (i) confiscated passport; (ii) the Incident Report about the expired fraudulent visa; and (iii) the AFS certificate, 2 the LD shall draft the Order for the Commissioner's signature, directing the payment of fines imposed under Section (1). (See template of Order [Annex "B"].)

The subject foreigner shall have fifteen (15) working days to pay the fines imposed.

The Legal Division shall indorse a copy of the records involving the use of expired fraudulent TVVs/TVV extension stamps/border stamps to the Chairman, Board of Commissioner against erring BI personnel involved in the Incident.

SECTION 5. Failure to Comply with the Order to Pay Fine. — In case of failure to comply with the Order, the LD shall draft an Order for the Board of Commissioner's (BOC) signature directing the following: (i) visa forfeiture of the subsequent valid visa; (ii) leave the Philippines within 15 days from receipt of the BOC Order; and (iii) inclusion of the subject foreigner's name in the Blacklist, if applicable.

SECTION 6. Repealing Clause. — All rules, procedures, guidelines and previous issuances inconsistent herewith are hereby repealed and/or modified accordingly.

SECTION 7. Effectivity. — This Operations Order shall take effect immediately upon approval.

Furnish a copy of this Operations Order to the Office of the National Administrative Register (ONAR), U.P. Law Center, U.P. Diliman, Quezon City.

 

(SGD.) SIEGFRED B. MISONCommissionerBureau of Immigration

ANNEX A

Acknowledgment Receipt

Pursuant to Operation Order No. SBM-2015-____, I hereby acknowledge the receipt of (name of foreigner)'s (nationality) passport (ex. Italian passport) with no. _____.

The holder of this passport is hereby advised to report to the Legal Division, 4th Flr, Bureau of Immigration, Magallanes Drive, Intramuros, Manila within two (2) days.

Issued by:

__________________________

Date: ________________

ANNEX B

 

In re: Name (ex. El Jay M. Yward)	SBM No. 2015-____
Date of birth (ex. 27 May 1975)	Payment of Administrative Fine
Passport No. (ex. 20120731)
Gender
Nationality

 

ORDER

On _____________ (date, ex. 17 February 2015), the ___________ (BI Office) discovered the expired fraudulent ___________________________ (entry, temporary visitor or TVV extension) visa of _____________________________ (name of foreigner [ex. El Jay M. Yward]) attached/stamped on page/s ___ of his/her passport. On __________ (date), the ____________ (BI Office) endorsed to the Legal Division the subject's passport and its report. TAIaHE

On _______ (date), the Anti-Fraud Section issued a _________ (date) certificate stating that the __________________________________ (entry, temporary visitor or TVV extension) visa of _________________ (name of foreigner) is ____________________ (fake, altered, counterfeit or fraudulent).

Pursuant to Personnel Order No. SBM-2015-___, Sec. 1, ____________________ (name of foreigner) shall be liable to the payment of fines and penalties.

WHEREFORE, We order ______________________ (name of foreigner ex. El Jay M. Yward) to pay: (1) Immigration Arrears Release Certificate [IARC] amounting to Fifty Thousand Pesos (P50,000); and (2) Express Lane Fee of P10,000.

Or

WHEREFORE, We order _________________ (name of foreigner) to pay: (1) Immigration Arrears Release Certificate [IARC] amounting to Fifty Thousand Pesos (P50,000); (2) Updating fees and penalties corresponding to the fake TVVs or TVV extension stamps; and (3) Express Lane Fee of P10,000.

Failure to comply with this Order shall: (1) commence the visa forfeiture proceedings against ___________________ (name of foreigner) and (2) cause the issuance of an Order to Leave against him/her.

Furnish copies of this Order to the VES, MISD and the Records Section for their information and appropriate action.

IT IS SO ORDERED.

 

Prepared by:	Recommending Approval:
Date signed: _____	Date signed: _____

 

 

 

 

Homer R. Arellano	CRIS M. VILLALOBOS
Attorney II	Acting Chief, LD

 

APPROVED/DISAPPROVED

SIEGFRED B. MISSION

Footnotes

1. Entry visas, TVVs or TVVs extensions.

2. If the AFS certificate states that the suspected expired visa is fake, counterfeit, altered or fraudulent. If the AFS certificate states that the suspected expired visa is genuine, the LD shall draft an Order for the Commissioner's signature, directing the return of the passport to the subject foreigner or to his authorized representative.