October 7, 2013

BI OPERATIONS ORDER NO. SBM-2013-015

GUIDELINES FOR TURN-OVER OF CUSTODY OF FOREIGN NATIONALS FROM OTHER GOVERNMENT AGENCIES

In order to fully implement the Bureau's mandate and exercise its exclusive jurisdiction to enforce and implement all Philippine immigration laws, rules and regulations, the Guidelines for Turn-over of custody of the living persons of foreign nationals from other government agencies are hereby prescribed:

A. Government agencies from which turn-over of custody of foreign nationals may be accepted

Subject to the conditions stated hereinafter, the Bureau may accept the turn-over of custody of foreign nationals only from the following government agencies, provided, any turn-over of foreign nationals by government agencies other than those listed below shall be accepted only upon the prior written approval of the Commissioner:

1. National Bureau of Investigation;

2. Armed Forces of the Philippines;

3. Philippine National Police; AcTHCE

4. Bureau of Corrections;

5. Bureau of Jail Management and Penology; and

6. Philippine Drug Enforcement Agency.

B. Conditions to accept turn-over of custody of living persons

The Bureau shall accept from the above-mentioned government agencies the turn-over of custody of the living person of a foreign national who was arrested solely on the basis of alleged violation of Philippine immigration laws under the following conditions:

1. The subject foreign national was arrested by any of the aforementioned government agencies for an immigration violation and for violation of a penal law or ordinance under the jurisdiction of the said government agency;

2. The agency effecting the turn-over is vested with authority to conduct the arrest of the subject foreign national;

3. The turn-over is made by the agency upon release on bail/recognizance or completion of service of sentence of the foreign national; and

4. There is prior coordination from the agency conducting the turn-over. CHIEDS

C. Repealing Clause and Effectivity

1. All previous issuances inconsistent herewith are hereby deemed repealed.

2. This Operations Order shall take effect five (5) working days from the date hereof.

(SGD.) SIEGFRED B. MISONOfficer-in-ChargeBureau of Immigration