Guidelines for the Correction of Improper Registration under Republic Act No. 7919 and Republic Act No. 8247

May 26, 2014

BI OPERATIONS ORDER NO. SBM-2014-019

GUIDELINES FOR THE CORRECTION OF IMPROPER REGISTRATION UNDER REPUBLIC ACT NO. 7919 1 AND REPUBLIC ACT NO. 8247 2

WHEREAS, Republic Act (R.A.) No. 7919 granted legal residence to aliens who entered the Philippines before 30 June 1992, while R.A. No. 8247 extended the period to file petitions for R.A. No. 7919 status until 30 June 1997;

WHEREAS, R.A. No. 7919, Sec. 4.3.3 also granted legal residence to children of R.A. No. 7919 parent(s) by providing that children born after 30 June 1992 of parents who received the benefits of said Act shall, upon proper registration with the Bureau of Immigration,become legal residents;

WHEREAS, the phrase upon proper registration with the Bureau of Immigration denotes registration laws under Commonwealth Act No. 613 3 or R.A. No. 562, 4 and not R.A. 7919 and R.A. No. 8247;

WHEREAS, some children of R.A. No. 7919 and R.A. No. 8247 parent(s) born after 30 June 1992 within or outside of the Philippines where improperly registered under R.A. No. 7919 and R.A. No. 8247; SaICcT

WHEREFORE, pursuant to Section 3 of Commonwealth Act (C.A.) No. 613, as amended, and to correct improper registration of children of R.A. No. 7919 and R.A. No. 8247 parent(s), the following guidelines are issued, thus:

SECTION 1. Purpose. — These Guidelines shall correct the immigration status of improperly-registered children of R.A. No. 7919 and R.A. No. 8247 parent(s).

SECTION 2. Coverage. — Children of R.A. No. 7919 and R.A. No. 8247 parent(s) born after 30 June 1992 within or outside the Philippines.

SECTION 3. Duties of Bureau of Immigration (BI) Offices that shall Implement these Guidelines. —

A. R.A. No. 7919 Unit:

1. Conduct an inventory, review and verification of all R.A. No. 7919 and R.A. No. 8247 records of improperly registered children of R.A. No. 7919 and R.A. No. 8247 parent(s); and

2. Endorse complete records of improperly-registered children of R.A. No. 7919 and R.A. No. 8247 parent(s) to the Legal Division as hereunder provided.

B. Legal Division (LD):

1. Conduct an investigation and require improperly registered children of R.A. No. 7919 and R.A. No. 8247 parent(s) or their parents, if still minors, to explain within five (5) days the circumstances of such improper registration; CcSTHI

2. Submit a recommendation to Board of Commissioners (BOC) to:

(i) relinquish the ACR I-Card and R.A. No. 7919 and R.A. No. 8247 status of improperly registered children of R.A. No. 7919 and R.A. No. 8247 parent(s);

(ii) direct the improperly registered children of R.A. No. 7919 and R.A. No. 8247 parent(s) born in the Philippines to register as native-born with the Alien Registration Division (ARD); and

(iii) direct the improperly registered children of R.A. No. 7919 and R.A. No. 8247 parent(s) born outside the Philippines to apply for Section 13 (b) visa under C.A. No. 613, as amended.

C. Alien Registration Division (ARD):

1. Retrieve the complete records and personally confirm the correctness and accuracy of the information contained therein through the testimonies and/or evidence submitted by the improperly-registered children of R.A. No. 7919 and R.A. No. 8247 parent(s) or their parents, if still minors;

2. Capture biometrics data of the improperly-registered children;

3. Submit the biometrics data and Application Form for the new ACR I-Card template of the improperly-registered children upon BOC's approval.

SECTION 4. Repealing Clause. — All previous issuances inconsistent herewith are hereby repealed and/or modified accordingly.

SECTION 5. Effectivity. — This Order shall take effect immediately upon approval. EAcCHI

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

(SGD.) SIEGFRED B. MISONCommissionerBureau of Immigration

Footnotes

1. "An Act Granting Legal Residence Status Aliens through a Social Integration Program in the Philippines under Certain Conditions", also known as the "The Alien Social Integration Act of 1995".

2. "An Act Exempting Aliens Who Have Acquired Permanent Residency under Executive Order No. 324 from the Coverage of Republic Act No. 7919, otherwise Known as "The Alien Social Integration Act of 1995", Amending for the Purpose Certain Provisions of said Act and for Other Purposes".

3. Philippine Immigration Act of 1940, as amended.

4. Alien Registration Act of 1950, as amended.