Guidelines for Turn-Over of Custody of Foreign Nationals from Other Government Agencies
The Bureau of Immigration (BI) issued Operations Order No. SBM-2013-015 on October 7, 2013, establishing guidelines for the turnover of custody of foreign nationals from various government agencies. The BI will accept custody transfers only from specified agencies, including the National Bureau of Investigation and the Philippine National Police, unless prior written approval is obtained for others. Conditions for accepting these transfers include that the foreign national was arrested for immigration violations, the transferring agency has the authority to arrest, and the transfer occurs after the individual is released from detention. The order repeals any conflicting previous issuances and takes effect five working days after issuance.
Quick Answers
- What is Guidelines for Turn-Over of Custody of Foreign Nationals from Other Government Agencies about?
- The Bureau of Immigration (BI) issued Operations Order No. SBM-2013-015 on October 7, 2013, establishing guidelines for the turnover of custody of foreign nationals from various government agencies. The BI will accept custody transfers only from specified agencies, including the National Bureau of Investigation and the Philippine National Police, unless prior written approval is obtained for others. Conditions for accepting these transfers include that the foreign national was arrested for immigration violations, the transferring agency has the authority to arrest, and the transfer occurs after the individual is released from detention. The order repeals any conflicting previous issuances and takes effect five working days after issuance.
- What type of law is BI Operations Order No. SBM-2013-015?
- Guidelines for Turn-Over of Custody of Foreign Nationals from Other Government Agencies (BI Operations Order No. SBM-2013-015) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.
- When was Guidelines for Turn-Over of Custody of Foreign Nationals from Other Government Agencies enacted?
- Guidelines for Turn-Over of Custody of Foreign Nationals from Other Government Agencies (BI Operations Order No. SBM-2013-015) was enacted on Oct 7, 2013.
- What is the citation for Guidelines for Turn-Over of Custody of Foreign Nationals from Other Government Agencies?
- Guidelines for Turn-Over of Custody of Foreign Nationals from Other Government Agencies, BI Operations Order No. SBM-2013-015, Oct 7, 2013 (Philippines)
Law Information
- Reference Number
- BI Operations Order No. SBM-2013-015
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Bureau of Immigration
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
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
Cite This Law
Guidelines for Turn-Over of Custody of Foreign Nationals from Other Government Agencies, BI Operations Order No. SBM-2013-015, Oct 7, 2013 (Philippines)
Guidelines for Turn-Over of Custody of Foreign Nationals from Other Government Agencies, BI Operations Order No. SBM-2013-015 (Phil. 2013)
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