Guidelines in the Conduct of Verification on Foreign Nationals by Alien Control Officers (ACO)

June 19, 2014

BI OPERATIONS ORDER NO. SBM-2014-026

GUIDELINES IN THE CONDUCT OF VERIFICATION ON FOREIGN NATIONALS BY ALIEN CONTROL OFFICERS (ACO)

WHEREAS, the Bureau of Immigration (BI) maintains and operates Sub-Ports Offices in the different regions and provinces in the country; SHTcDE

WHEREAS, under the general control and supervision by the Commissioner, through the Chief, Immigration Regulation Division (IRD), the Alien Control Officers have immediate charge and responsibility of the Affairs Sub-Port Officers and in its specific area of responsibility for the proper enforcement of immigration and registration laws, rules and regulations;

WHEREAS, the ACO must be properly empowered and authorized to undertake activities intended to enhance the effective discharge of their enforcement functions;

WHEREFORE, pursuant to Section 3 of Commonwealth Act No. 613 as amended, the following is hereby ordered:

SECTION 1. Operational Control. — All personnel and employees assigned in a Sub-port Office shall be under the direct operational control of the Alien Control Office (ACO) of such Sub-Port Office, except those personnel and employees directed by the Commissioner to perform counter-intelligence functions who shall directly report to the Commissioner.

SECTION 2. Authority to Conduct Verification. — All ACOs are authorized to conduct verification on the presence, immigration status and activities of foreign nationals in his/her are of responsibility based on reports and/or information submitted by concerned persons in the community or from his/her own observations and monitoring activities.

SECTION 3. Guidelines in the Conduct of Verification. — The following guidelines shall be observed in the conduct of verification:

(a) No verification shall be conducted on any foreign national without a prior written notice to the Commissioner and Chief. Immigration Regulation Division (IRD) at least forty eight (48) hours prior thereto.

(b) The notice shall indicate the: (i) name of the foreign national; (ii) other personal information, if available; (iii) source and gist of the report and/or information; and (iv) such other relevant information.

(c) Before conducting verification on the subject, the ACO shall validate the admission, stay and immigration status of the subject foreign national through the BI's Centralized Query Support System (CQSS) and other available databases of the BI.

(d) Upon finding of any violation of immigration laws, rules and regulations, the ACO shall, within twenty-four (24) hours therefrom, submit a report to the Commissioner with recommendation/s of appropriate action/s to be taken including, but not limited to, the issuance of Mission Order or Charge Sheet against the subject. ASTIED

(e) In case there is a need to conduct further investigation that may require physical contact with the subject, the ACO shall, within the same period, submit to the Commissioner, through the Chief, IRD, a request for issuance of Letter Order authorizing him/her to:

(i) Issue a letter of invitation to the subject foreign national to personally appear before ACO at the Sub-Port Office and to bring all his/her immigration documents;

(ii) Formally inquire with and/or visit his office, if any, and/or residence as to his activities in the country; and/or

(iii) Undertake such other appropriate means necessary for the purpose.

(f) If necessary, the ACO shall take temporary possession of the subject's passport and other BI-issued immigration documents upon due issuance of a receipt therefor.

(g) In the implementation of the Letter Order, the ACO shall observer proper courtesy and undertake prior coordination with other concerned law enforcement agencies.

(h) Within forty eight (48) hours from completion thereof, the ACO shall submit a complete report of its investigation with recommendation/s of appropriate action/s to be taken to the Commissioner, furnished the Chief, IRD. The subject's passport and other BI-issued immigration documents, if receipted, shall likewise be included in the report.

SECTION 4. Reportorial Requirements. — All ACOs shall submit a Monthly Consolidated Report of all verification activities undertaken in relation to this Order.

SECTION 5. Repealing Clause. — All previous issuances inconsistent herewith are hereby repealed and/or modified accordingly.

SECTION 6. Effectivity. — This order shall take effect immediately.

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

(SGD.) SIEGFRED B. MISONCommissioner