September 23, 2014

BI OPERATIONS ORDER NO. SBM-2014-042

GUIDELINES IN THE REPORTORIAL REQUIREMENT OF FOREIGNERS WHO WERE RELEASED ON BAIL OR UNDER BOND PENDING RESOLUTION OF THEIR DEPORTATION CASES

Pursuant to Section 37 (e) of Commonwealth Act No. 613, as amended, also known as the "Philippine Immigration Act of 1940", which provides that "Any alien under arrest in a deportation proceeding may be released under bond and under such other conditions as may be imposed by the Commissioner of Immigration", the following guidelines are hereby imposed:

SECTION 1. Reportorial Requirement. — All foreigners who were released on bail or under bond pending resolution of their respective deportation cases shall strictly comply with all the conditions imposed by the Commissioner, specifically on the reportorial requirement to the Bureau's Intelligence Division (ID);

SECTION 2. Duty of the Intelligence Division. — The Intelligence Division (ID) shall insure that the reporting of foreigners mentioned in Section 1 hereof is properly recorded in a journal/logbook.

The officer/agent in charge of recording shall: (a) affix his signature in the journal/logbook attesting that the concerned foreigner appeared before him in compliance with the reportorial requirement set forth in the bail order; and (b) take photograph of said foreigner holding a copy of a newspaper (headline displayed) indicating the date when the photograph was taken.

The ID shall prepare a weekly report of those foreigners who reported and those who failed to report and submit it to the Office of the Commissioner. The same shall also be presented during the Board of Commissioner's meeting.

SECTION 3. Effect of Non-compliance. — Except for valid and justifiable reasons, non-compliance with the reportorial requirement shall result in the following:

A. Cancellation/revocation of the Order granting bail motu proprio;

B. Forfeiture of the cash bond, if there be any, in favor of the government; TAaCED

C. Immediate issuance of a deportation order against respondent(s).

SECTION 4. Duty of the Legal Division. — The Legal Division shall insure implementation of Section 3 hereof. If warranted, it shall initiate an action against the person who has taken recognizance of the released foreigner and/or who guaranteed the latter's appearance before the Bureau whenever required.

SECTION 5. Effectivity. — This Order shall take effect immediately.

 

(SGD.) SIEGFRED B. MISONCommissioner