Guidelines in the Implementation of Deportation Orders Issued by the Board of Commissioners

September 2, 2013

BI ADMINISTRATIVE ORDER NO. SBM-2013-003

GUIDELINES IN THE IMPLEMENTATION OF DEPORTATION ORDERS ISSUED BY THE BOARD OF COMMISSIONERS

WHEREAS, under Executive Order No. 292 (The Administrative Code of 1987), Book IV, Title III, Chapter X, Section 31, the Bureau of Immigration (BI) is principally responsible for the administrative and enforcement of immigration, citizenship and alien admission and registration laws in accordance with the provisions of Commonwealth Act No. 613 (Philippine Immigration Act of 1940), as amended;

WHEREAS, as an attribute to sovereignty, the State has a right to expel or remove foreigners from its jurisdiction in case where their presence is detrimental to national security, national interest and public welfare;

WHEREAS, there is a need to expedite the removal of foreigners from the country upon completion of the deportation proceeding against them;

WHEREFORE, pursuant to the rule-making power of the Commissioner of Immigration under Section 3 of Commonwealth Act No. 613, as amended, the following rules and guidelines are hereby ordered:

SECTION 1. Duties of the Law and Investigation Division (LID). — The LID, through the Special Prosecutor/Attorney who handled the inquest/preliminary investigation of the deportation complaint or who issued the Charge Sheet/Summary Deportation Order/Voluntary Deportation Order, shall be responsible in processing the implementation of the deportation orders issued by the Board of Commissioners. Such responsibility shall include the securing of National Bureau of Investigation (NBI) clearance, airline passage ticket and other documents in support thereof. SHTaID

The chief, LID is authorized to sign all requests for issuance of the NBI Clearance and all pertinent documents relative to the implementation of deportation order.

SECTION 2. Actual Removal and Deportation; Office Responsibility. — In cases when the respondent is not in custody, the Intelligence Division shall cause his/her apprehension upon completion of all the documentary requirements and effect his/her immediate actual removal and deportation. In cases when the respondent is in custody, the Bicutan Detention Center shall effect his/her actual removal and deportation. In cases, no actual removal or deportation shall be effected without the endorsement from the Chief, LID certifying that all requirements for the respondent's deportation have been duly accomplished.

SECTION 3. Abolition of Task Force on Deportation (TFD). — The TFD created under Memorandum Order No. RADJR-12-015 dated 20 June 2012 is hereby abolished.

SECTION 4. Turn-Over of Records. — All deportation case records in the custody of the TFD shall be turned-over to the LID.

SECTION 5. Reassignment of TFD Personnel. — All full-time personnel of the TFD are reassigned to the LID while those on concurrent capacity shall return to their respective mother unit. The DOJ Prosecutor detailed to the TFD shall report to the LID to assist in the expediting of implementation of deportation cases of respondents who have pending criminal cases in regular courts. DcSTaC

SECTION 6. Reportorial Requirements. — The LID shall submit a weekly report to the Commissioner on the progress of their duties and responsibilities under this Order.

SECTION 7. Repealing Clause. — All orders, memoranda and other issuances inconsistent herewith are hereby repealed or modified accordingly.

SECTION 8. Effectivity. — This Order takes effect immediately upon approval.

City of Manila, Philippines, September 2, 2013.

 

(SGD.) SIEGFRED B. MISONOfficer-in-Charge