Revised Implementing Rules and Regulations of M.O. No. MCL-09-24 (November 23, 2009), as amended

March 8, 2010

BI MEMORANDUM ORDER NO. MCL-10-004

REVISED IMPLEMENTING RULES AND REGULATIONS OF MEMORANDUM ORDER NO. MCL-09-024, DATED 23 NOVEMBER 2009, AS AMENDED BY MEMORANDUM ORDER NO. MCL-10-003, DATED 18 FEBRUARY 2010, ENTITLED "ISSUANCE OF ALIEN CERTIFICATE OF REGISTRATION IDENTITY CARD (ACR I-CARD) TO [1] NON-RESTRICTED FOREIGN NATIONALS GRANTED A TOTAL AUTHORIZED STAY OF FIFTY-NINE (59) DAYS AS TEMPORARY VISITORS UNDER SECTION 9 (A) OF COMMONWEALTH ACT NO. 613, OTHERWISE KNOWN AS THE "PHILIPPINE IMMIGRATION ACT OF 1940", AS AMENDED, AND [2] TEMPORARY VISITORS WHO APPLY FOR AND ARE GRANTED SPECIAL STUDY PERMIT (SSP) AND SPECIAL WORKING PERMIT (SWP)"

Pursuant to Memorandum Order No. MCL-09-024, as amended by MCL-10-003, prescribing the issuance of Alien Certificate of Registration Identity Card (ACR I-Card) to [1] non-restricted foreign nationals previously granted a total authorized stay of fifty-nine (59) days as temporary visitors under Section 9 (a) of the Philippine Immigration Act of 1940, as amended, and [2] Temporary visitors who apply for and are granted Special Study Permit (SSP) and Special Work Permit (SWP), the following Revised Implementing Rules and Regulations is hereby promulgated:

SECTION 1. Statement of Policy. — There is an imperative need to modernize and improve efficiency and security of the alien registration, identification and monitoring system in light of increasing traffic in the country's numerous ports and escalating threats of terrorists, transnational criminals and foreigners with criminal records through the implementation of an automated, accurate, fraud-proof and tamper-proof registration, identification and monitoring of registered foreigners in the country, while attaining the objective of establishing a singular identity card and convenient transaction card for all resident foreigners and temporary foreign visitors.

SECTION 2. Coverage. — The following categories of foreigners are hereby included under the coverage of those to be issued an Alien Certificate of Registration Identity Card (ACR I-Card):

a. Non-restricted foreign nationals previously granted a total authorized stay of fifty-nine (59) days and who wish to further extend his authorized stay as temporary visitors under Section 9 (a) of Commonwealth Act No. 613, otherwise known as the "Philippine Immigration Act of 1940", as amended; IATHaS

b. Temporary visitors who apply for and are granted Special Study Permit (SSP); and

c. Temporary visitors who apply for and are granted Special Work Permit (SWP).

No application for extension for Temporary Visitor's Visa (TVV) beyond a total authorized stay of more than fifty-nine (59) days, and application for Special Study Permit (SSP) or Special Work Permit (SWP) shall be granted without proof of payment of all immigration fees and related charges, including the ACR I-Card issuance fee.

This does not apply to a foreign athletes and/or performing artists whose stay in the country pursuant to such permit does not exceed fifty-nine (59) days.

SECTION 3. Validity of the ACR I-Card. — The ACR I-CARD issued to the Temporary Visitor's Visa (TVV) for a total authorized stay of more than fifty-nine (59) days, Special Study Permit (SSP) or Special Work Permit (SWP) shall be dependent or co-terminus on the validity of the visa/permit granted but not to exceed one (1) year.

SECTION 4. Application Process; BI Main Office. — In addition to existing procedures, all offices at the Main office which receive/process the applications of foreign nationals falling under the abovementioned categories shall collect the appropriate immigration fees, express lane fees plus the I-Card issuance fee of US$50.00 or its equivalent in local currency as well as the corresponding express lane fee of PhP500.00 for the issuance of such card and release the ACR I-Card simultaneously with the applicant's passport. ISAcHD

SECTION 5. Application Process; BI Sub-ports/Satellite or Extension Offices with BI-WAN Connection and VIMS System. — In addition to existing procedures, all ACOs whose offices are already connected to the BI-WAN and where the VIMS system is already implemented shall receive/process the applications of foreign nationals falling under the above-mentioned categories and collect the appropriate immigration fees, express lane fees plus the ACR I-Card issuance fee of US$50.00 or its equivalent in local currency as well as the corresponding express lane fee of PhP500.00 for the issuance of such card. The ACR I-CARD shall be processed and released within a forty-eight (48) hour period from the time of approval.

SECTION 6. Application Process; BI Sub-ports/Satellite or Extension Offices Without BI-WAN Connection and VIMS System. — In addition to existing procedures, all Alien Control Officers (ACOs) whose offices are yet to be connected to the Bureau's Wide Area Network (BI-WAN) and yet to implement the Visa Issuance Made Simple (VIMS) System shall receive/process the applications of foreign nationals falling under the above-mentioned categories and collect the appropriate immigration fees, express lane fees plus the I-Card issuance fee of US$50.00 or its equivalent in local currency as well as the corresponding express lane fee of PhP500.00 for the issuance of such card. CTEacH

a. Within the day of approval of such applications, copies of the accomplished application forms, two (2) passport-sized colored pictures (white background), photocopy of passport bio-page, passport page showing the latest arrival and visa extension implementation and photocopy of the official receipts, shall immediately be sent by the concerned ACO of the Sub-port/Satellite Office to the Manager, ACR I-CARD Center, DATATRAIL CORPORATION, Bureau of Immigration, Magallanes Drive, Intramuros, Manila, through the BI-accredited courier service.

b. Immediately upon receipt thereof, the Manager, ACR I-Card Center, shall endorse the same to the following, namely:

Chief, Visa Extension, IRD — in applications for extension of tourist visa beyond 59 days;

Chief, Student Desk, IRD — in applications for SSP; and

Chief, VIMS — in applications for SWP.

 The above-mentioned Chiefs shall cause the encoding and validation of approved applications prior to the issuance of the ACR I-Card. Any improper approval or issuance of the ACR I-card shall subject the concerned officer/s to appropriate sanctions under existing laws, rules and regulations.

 Likewise, all ACOs are required to submit their specimen signatures to the above-mentioned Chief of offices for identification and validation purposes. IHCSTE

c. The ACR I-CARD shall be processed and released within a sixty (60) hour period from the time of approval.

d. In cases of deficiency in the assessment of the required fees detected during the validation process, the aforementioned Chiefs concerned shall hold in abeyance the issuance of the ACR I-Card and shall immediately notify and direct the concerned BI office to correct the assessment and collect the deficiency from the applicant, and thereafter submit the photocopy of proof of payment thereof to the concerned Chief at the soonest possible time.

SECTION 7. Application Process; Overstaying Foreigners. — Subject to and consistent with the existing guidelines and requirements, the procedures and processes in the approval and issuance of ACR I-CARD for applicants covered by this Memorandum who are already overstaying in the country shall comply with the provisions hereof, as the case may be.

SECTION 8. Accomplishment of Application Forms. — In all cases (whether using the VIMS system or not), all processors must ensure that the prescribed application BI forms, i.e., MCL-07-02 for TVV extension, and MCL-07-01 for SSP and SWP, shall be completely, clearly and accurately accomplished and filled up by the applicant in BLOCK/PRINTED LETTERS, the following information:

a. Full Name as appearing in the passport (including alias/es)

b. Citizenship

c. Date of Birth

d. Place of Birth

e. Sex

f. Civil Status

g. Height in centimeters

h. Weight in kilograms

i. Complete address in the Philippines

SECTION 9. Applications for Change of 9 (a) Temporary Visitor's Visa (TVV) Category. — Applications filed within the one year validity of the ACR I-Card for change: TCDHaE

a. from 9 (a) TVV to 9 (a) with SWP; or

b. from 9 (a) TVV to 9 (a) with SSP; or

c. from 9 (a) with SWP to 9 (a) TVV; or

d. from 9 (a) with SSP to 9 (a) TVV; or

e. from 9 (a) SWP to 9 (a) SSP; or

f. from 9 (a) SSP to 9 (a) SWP,

shall be processed and approved, subject to existing requirements, without need for re-issuance of another ACR I-Card: Provided, that the applicant shall present his/her existing ACR I-Card to the concerned BI Office for updating of the information encoded in the card micro-chip.

SECTION 10. Extension of TVV, SSP or SWP. — Existing TVV, SSP and SWP holders with ACR I-CARD shall not be charged anew for the ACR I-CARD issuance fee, and shall not be issued another ACR I-CARD when an application for extension of visa as temporary visitor, or extension/renewal of SSP or SWP is filed and granted within the one-year validity period of the ACR I-CARD. TASCEc

SECTION 11. Peso-Dollar Exchange Rate. — The Chief, Cash Section shall notify all the concerned offices of the daily authorized Peso-Dollar exchange rates for collection purposes not later than 10:00 o'clock in the morning of that particular day. The exchange rate of the preceding business day shall apply prior to the receipt of the notice of the current rate from the Cash Section.

SECTION 12. Delivery and Issuance of ACR I-CARDS. — At the option of the applicant, the ACR I-CARD shall be delivered by the Datatrail Corporation, either:

a. to the Sub-port, Satellite Office or Extension Office where he/she submitted the application for him/her to personally, or through his/her duly authorized representative, claim upon presentation of his/her valid passport; or

b. to his/her stated Philippine address: Provided, that the cost of delivery by the courier service shall be for the account of the applicant. For this purpose, the applicant shall fill up a consignment note/airway bill, whereby he/she, as consignee of the ACR I-CARD, binds himself to pay the stated cost of delivery upon receipt of the parcel containing his ACR I-CARD. 

The Datatrail Corporation, shall identify, select and accredit the most reliable, reputable and cost effective courier service company, subject to the approval of the Bureau of Immigration. HDATCc

SECTION 13. Change in Information in the ACR I-Card. — The ACR I-Card holder is required to immediately notify and shall be processed by the concerned BI office of any change of the information enumerated Section 8 hereof for which he/she shall be issued a new ACR I-Card upon payment of Amendment Fee of PhP500.00, Legal Research Fee of PHP10.00, ACR I-Card Re-Issuance Fee of US$20.00 or its peso equivalent and Express Lane Fee of PhP500.00.

SECTION 14. Departure of ACR I-Card Holder from the Philippines. — The ACR I-Card shall be retained by the foreign national/card holder upon his/her departure/exit from the country: Provided, that the ACR I-Card shall not serve as an Exit Clearance Certificate, Re-Entry Permit or Special Return Certificate: Provided further, that foreign nationals who have been granted a total authorized stay beyond six (6) months shall be required to secure a regular Emigration Clearance Certificate from the Bureau of Immigration.

In the event that the ACR I-Card applicant leaves the country prior to the release of his/her card, the concerned ACO or BI official shall be responsible for the safekeeping thereof until claimed by the applicant.

SECTION 15. Deactivation and Reactivation of ACR I-CARD. — The ACR I-Card shall be deactivated upon the departure/exit from the country of the card holder: Provided, that the same card shall be reactivated under the same conditions in case he/she returns: Provided further, that it is still valid for at least sixty (60) days from the date of latest admission: Provided finally, that the said ACR I-Card shall not be a guarantee for admissions of the holder.

SECTION 16. Transaction Card. — The ACR I-CARD shall be presented to immigration authorities, together with the passport in transactions involving the application or extension of visa/permit. The ACR I-CARD shall be used, in conjunction with a card reader to retrieve the information on visa/permit validity dates, extension granted, and other relevant information appertaining to the foreign national. DIETcH

To attain the objective of establishing a singular identification card to serve as an identity and convenient transaction card for all resident foreigners and temporary visitors, the ACR I-CARD, in combination with the passport, shall be presented to immigration authorities, banking and financial establishments, schools and educational institutions, government agencies, and other law enforcement personnel to evidence lawful stay in the country.

For this purpose, the Bureau of Immigration, shall upon request, provide ACR I-CARD microchip readers to banking and financial establishments, schools and educational institutions, government agencies, and law enforcement organizations on their own account at acquisition cost.

The Bureau of Immigration, shall likewise upon substantiation and validation of request by banking

and financial establishments, schools and educational institutions, government agencies, and law enforcement organizations, provide access to its ACR I-CARD database, where the status and visa/permit validity of a foreigner

can be ascertained; Provided, that the cost of the data access and query shall be shouldered by the requesting entity.

SECTION 17. Replacement of Lost Card. — Application for replacement of lost card shall be subject to payment of Duplicate Original (D.O.) fee for ACR of PhP1,000.00, ACR I-Card re-issuance fee of US$20.00 and express lane fee of PhP1,000.00, to be filed at the BI Main Office or at the BI Sub-port where he/she originally secured his ACR I-Card subject to submission of Police Report and Affidavit of Loss. aIcTCS

SECTION 18. Corrections and Cost of Replacement of Erroneous ACR I-Card. — In case errors are discovered and/or detected in the encoded information during the validation process and prior to the printing of the ACR I-CARD, the concerned Chief of the Visa Extension, Student Desk or VIMS shall cause the Chief, Computer Section, to make the necessary corrections of such errors.

The replacement cost of printed ACR I-CARD with erroneous information in the amount of US$20.00 shall borne, as follows:

a. by the applicant if the error is in the information written by him/her in the application form; or

b. by the concerned BI employees if the error in the encoding or validation is caused by him/her.

SECTION 19. Compliance Requirements. — The issuance of the ACR I-CARD shall be incorporated as the last step in the present system of expediting visa/permit issuance.

The Visa Extension Section, the Cash Section, the Computer Section and the Datatrail Corporation shall ensure that the appropriate amendment/revision to the process flow shall be established to ensure that no application for extension for Temporary Visitor's Visa (TVV) for a total authorized stay of more than fifty-nine (59) days, Special Study Permit (SSP) or Special Work Permit (SWP), shall be granted and issued without proof of payment of all immigration fees and related charges, including the ACR I-Card issuance fee. IAEcaH

To simplify the assessment and payment process, a single Order of Payment Slip (OPS) and Official Receipt (OR) shall be issued itemizing all assessments and payments of immigration fees and related charges, including the ACR I-Card issuance fee, respectively.

Any violation of this Memorandum Order by any person shall be dealt with accordingly.

SECTION 20. Reportorial Requirements. — The Datatrail Corporation shall submit a monthly monitoring performance report to the Office of the Commissioner of all ACR I-Card printed, issued and processed in the BI Main Office, Sub-ports, Satellite Offices and Extension Offices.

SECTION 21. Repealing Clause. — All memoranda, orders, rules, regulations and other issuances inconsistent herewith are hereby repealed or modified accordingly. DCcHIS

SECTION 22. Effectivity. — This Memorandum Order takes effect immediately.

Issued this 8th day of March, 2010, City of Manila, Philippines.

 

(SGD.) MARCELINO C. LIBANANCommissioner