Processing of Requests for Removal of Indigent Aliens

April 17, 2015

BI OPERATIONS ORDER NO. SBM-2015-010

PROCESSING OF REQUESTS FOR REMOVAL OF INDIGENT ALIENS

WHEREAS, Section 43, C.A. No. 613 or the Philippine Immigration Act of 1940, as amended authorizes the Commissioner to remove such aliens, at any time after entry, as fall into distress or need public aid from causes arising subsequent to their entry and are desirous of being so removed;

WHEREAS, there is a need to improve the process of removal, taking in relation to immigration control, regulatory, and national security purpose, all in pursuit of the mandate of the Bureau as a law enforcement agency;

NOW THEREFORE, pursuant to rule-making power of the Commissioner of Immigration under Section 3, C.A. No. 613 and Section 29 and 36, Chapter 6, Book IV, Title III, E.O. No. 292 or the Revised Administrative Code of 1987, this Memorandum Circular is hereby issued:

SECTION 1. Short Title. — The title of this Operations Order shall be "Processing of Request for Removal of Indigent Aliens."

SECTION 2. Documentary Requirements. — All aliens desiring to be removed under Section 43, C.A. No. 613 shall bring/submit the following in applying for removal as an indigent:

1. Letter, certificate or endorsement from the alien's embassy/consulate of the fact of falling into financial distress while in the Philippines; TaDCEc

2. For aliens who are of age and in possession of full civil capacity, an affidavit stating their admission/latest authorized stay, circumstances of falling into distress and that they have not committed any other immigration violation other than overstaying (Attached as Annex "A" is an appropriate BI Form, which may be subscribed before authorized Legal Division Attorneys or any other person authorized to administer oaths);

3. Copy of the passport to travel document;

4. Proof of lawful admission into country and/or latest authorized stay; and

5. National Bureau of Investigation (NBI) clearance.

SECTION 3. Exception from Documentary Requirements. — The following documentary requirements may be dispensed:

a. The letter, certificate of endorsement from the embassy/consulate under the following circumstances:

- Where there is no embassy/consulate in the Philippines;

- The embassy/consulate does not as a matter of practice issue such documents, in which case it can be issued by: (1) the alien's local chamber of commerce, (2) association, (3) the Department of Social Welfare and Development or (4) Barangay authority where the alien resides;

- Upon the discretion of the Commissioner in emergency cases such as a life-threatening medical reason.

b. The NBI clearance for minors below 15 years of age.

SECTION 4. Duty of the Legal Division. — It shall be the duty of the Legal Division (LD) to process request for removal. Requests with complete documentary requirements shall be processed for approval of the Commissioner/authorized signatory while those with incomplete documentary requirements shall be processed for denial. However, where the lacking requirement is only the NBI clearance, the LD shall not recommend denial but shall forthwith secure the same directly with the NBI through an official request.

In the preparation for approval of the removal order, the LD shall ensure the assessed fees as determined by the Visa Extension Section are indicated, together with the Immigration Arrears Release Certificate (IARC) fee and fee to be receipted to the trust fund in case of application for readmission.

Notwithstanding the foregoing however, the LD shall ensure that the presence of other immigration violation/s other than overstaying disqualifies the alien for removal under Section 43, C.A. No. 613, and shall be prosecuted for deportation immediately, except when the alien is a minor.

SECTION 5. Duty of the Visa Extension Section. — The Visa Extension Section (VES) shall, upon request of the LD, prepare an assessment of fees otherwise collectible reckoned from lawful admission or latest authorized stay of the alien requesting for removal.

SECTION 6. Duty of the Intelligence Division. — The Intelligence Division (ID) shall conduct biometric capturing on all aliens subject of removal after the removal order has been signed by the Commissioner/authorized signatory. The ID shall ensure the captured biometric data shall be shared with the Management Information Systems Division. Exempted from the biometric capturing are minors below 7 years old and those excepted by the Commissioner upon recommendation by the ID for life-threatening medical reason as verified by the Medical Section.

SECTION 7. Duty of the Medical Section. — The Medical Section shall certify the fact of life-threatening medical reason as provided in the preceding section either through personal examination or through examination of a reputable medical institution, which shall be attached to its certification.

SECTION 8. Duty of the Management Information Systems Division. — The Management Information System Division (MISD) shall ensure accurate encoding of the name, birth date and other available details of the alien subject of removal and when available, the captured biometric data in the Blacklist. The MISD shall likewise encode the fact that the alien has undergone biometric capturing or has been exempted by the Commissioner.

SECTION 9. Duty of the Airport Operations Division/Bay Service Section. — The Airport Operations Division/Bay Service Section shall process the departure of the alien subject of removal order upon confirmation of the consequent Blacklist in the BI derogatory system and the fact that the alien has undergone biometric capturing or has been exempted by the Commissioner.

SECTION 10. Template. — Attached as Annexes "B" and "C" are the template of the removal order and the order denying a request for removal, which forms an integral part of this Operations Order.

SECTION 11. Timelines. — The following timelines shall be strictly observed:

LD and VES shall act on the request/endorsement within 1 working day. For example, the LD shall prepare the request for computation of fees by the VES within 1 working day; while the VES shall likewise have 1 working day to submit such fee computation; the LD will then have another working day to prepare the removal order.

The MISD shall immediately encode the required data in the system upon issuance of the removal order or receipt of the biometric data or exemption granted by the Commissioner as provided in Section 7.

The ID shall immediately conduct diametric capturing upon presentation by the alien after issuance of the removal order. For request for exemption from biometric capturing, the ID shall immediately refer the same to the Medical endorse and prepare the recommendation within 1 working day from receipt of the certification of the Medical Section. HaAISC

The Medical Section shall certify as to the existence of a life-threatening illness within 1 working day.

SECTION 12. Repealing Clause. — All rules, regulations and issuance inconsistent herewith are hereby, amended or modified accordingly.

SECTION 13. Effectivity. — This Memorandum Circular shall take effect immediately.

(SGD.) SIEGFRED B. MISONCommissioner

ANNEX A

BI Form No. ________

Affidavit as an Indigent Alien

I, _______________________________, of legal age, citizen of ______________________, single/married and has been residing at __________________________________________________, states that:

1. I have fallen into financial distress because ______________________________________________________________________________________________

___________________________________________________________________________________________________

_______________________________;

2. I was admitted in the Philippines on _________________ with __________ visa and/or latest authorized stay having expired on ____________;

3. Other than overstay, I have not committed any other immigration violation; and

4. I am executing this Affidavit in support of my request for removal as indigent and I am aware that I am ineligible for readmission into the Philippines except upon payment of the amount assessed and prior authorization of the Board of Commissioners.

__________________________

SUBSCRIBED AND SWORN to before me this _________ day of _______, ______________, affiant exhibiting his/her _______________ with number _____________.

ANNEX B

In re:
DOE JOHN		B.L.O. No. SBM-15____
DOB: 8 August 1971		O.R. No. SBM-15____
USA		(Indigency)
Passport No.: 12345678

ORDER

Acting on the 17 March 2015 Letter of (Embassy/Local Chamber of Commerce/DSWD/Barangay Authority), requesting for removal under Sec. 4, CA No. 613, as amended in favor of DOE JOHN, DOB: 8 August 1971, American national and the issuance on 15 March 2015 of National Bureau of Investigation clearance, we hereby GRANT the instant Request subject to the following terms and conditions:

1. The collection of all immigration fees in the amount of NINETY SEVEN THOUSAND FOUR HUNDRED FORTY PESOS (Php97,440.00), and EIGHT THOUSAND PESOS (Php8,000.00) as Express Lane Fees, covering the period from 19 December 2010 up to 19 May 2015 due from Doe John shall be DEFERRED;

2. Doe John shall LEAVE the country on or before 19 May 2015;

3. Doe John shall be subject to REMOVAL from the country; and

4. Doe John shall be INELIGIBLE for readmission except upon (a) payment of the said amount (b) prior authorization from the Board of Commissioners and (c) payment of a Waiver of Removal Fee of FIFTY THOUSAND PESOS (PhP50,000.00) and FIVE THOUSAND PESOS (PhP5,000.00) to be receipted to the Trust Fund.

The Chief, Airport Operations Division (AOD) and Chief, Immigration Regulation Division (IRD) shall implement this Order.

It is further directed to include the name DOE JOHN in the Bureau's Black List remarks: Indigency: Deferred Fees: Php97,440.00 and Php8,000.00; Waiver of Removal Fee: Php50,000.00; and Express Fee: Php5,000.00.

SO ORDERED.

_____________

SIEGFRED B. MISON

 

ANNEX C

 

In re: Request for Removal		SBM No.-2014-______
		(Order of Denial)
DOE JOHN
D.O.B.
USA

ORDER

On 23 September 2014, Ms. Marieta B. Constantino requested for removal from the country under Sec. 43, CA 613 as amended, in favor of DOE JOHN (Doe).

But Ms. Constantino failed to submit certificate or endorsement from Doe's embassy/consulate of the fact of falling into financial distress while in the Philippines.

We deny Doe's removal.

Doe is advised to secure certificate/endorsement from his embassy/consulate with Statutory Declaration of Indigency. aTEScI

IT IS SO ORDERED.

__________________

Recommending Denial:	Noted By:
JAMEL S. DIPATUAN	CRIS M. VILLALOBOS
Special Investigator	Acting Chief, LD

 

Approved/Disapproved

SIEGFRED B. MISON

CC:	Marieta B. Constantino
	Golden City Subdivision
	B48 L47, Dasma I, Brgy. Salawag
	Dasmariñas, Cavite