Revised Rules on the Re-stamping of New Visa Imprints in the Passports of Foreign Nationals Granted Legal Resident Status

February 13, 2015

BI ADMINISTRATIVE CIRCULAR NO. SBM-2015-001

REVISED RULES ON THE RE-STAMPING OF NEW VISA IMPRINTS IN THE PASSPORTS OF FOREIGN NATIONALS GRANTED LEGAL RESIDENT STATUS UNDER R.A. NO. 7919, AS AMENDED

WHEREAS, Republic Act (R.A.) No. 562 or the Alien Registration Act of 1950, as amended, authorities the Commissioner of Immigration, with the approval of the Department Head, to prescribe such rules and regulations as may be necessary to carry out its provisions;

WHEREAS, Article X of the 21 June 1950 Regulation Governing the Registration of Aliens in Accordance with the Alien Registration Act of 1950 issued by the Department of Justice requires, among others, the accomplishment of an Alien Certificate of Registration (ACR) for the registration of a foreign national;

WHEREAS, Article XXI of the Regulations provides that the issuance of an ACR: (1) shall not relieve the foreign national from full compliance with any existing or future law; and (2) shall not be construed to confer upon the foreign national immunity from any liability, penalty or punishment for violation of any existing or future law;

WHEREAS, the ACR I-Card now incorporate, among others the ACR and Immigration Certificate of Residence (ICR) issued to an immigrant;

WHEREAS, Section 32, Part V of the 17 April 1995 Rules and Regulations to Implement R.A. No. 7919, otherwise known as "The Alien Social Integration Act of 1995" issued by the DOJ provides that the legal residence of the applicant shall commence from the date the Bureau issues the ACR; AICTcE

WHEREAS, the Bureau stamped the RA 7919 visa imprint of a foreign national on his passport or other travel document to quickly identify his legal resident status and to facilities his entry and/or exit at any Philippine port of entry;

WHEREAS, in order to ensure that the Bureau's database contains an accurate information of foreign nationals granted residency status under R.A. No. 7919, as amended, there is a need to re-stamp the new RA 7919 security visa imprint in the passport or travel document for practical administrative convenience;

NOW THEREFORE, pursuant to the provisions of Section 3, C.A. No. 613, as amended, and Sections 29 and 36, Chapter 6, Book IV, Title III, E.O. No. 292 or the Revised Administrative Code of 1987, the following are hereby ordered:

SECTION 1. Coverage. — This Order shall apply to all foreign nationals granted legal resident status under R.A. No. 7919, as amended ("7919 visa holder").

SECTION 2. Renewal or Reissuance of ACR I-Card of 7919 Visa Holders. — In addition to the documentary requirements for the renewal of his ACR I-Card 1 or the reissuance of his lost or damaged ACR I-Card, 2 a 7919 visa holder must present his passport or other travel document bearing the R.A. No. 7919 security visa imprint.

The Alien Registration Division shall advise the 7919 visa holder to apply for the re-stamping of the new R.A. No. 7919 security visa imprint in case he possesses an old R.A. No. 7919 visa imprint; Provided, that the procedure outlined in this Order shall govern his application for the re-stamping of the new R.A. No. 7919 security visa imprint.

SECTION 3. Documentary Requirements; Completeness Rule. — A 7919 visa holder who applies for the re-stamping of the new R.A. No. 7919 security visa imprint must submit the following:

a. Duly accomplished R.A. No. 7919 Re-Stamping Form; 3

b. Photocopy of passport pages showing:

(i) Bio-data page;

(ii) Latest admission as 7919 visa holder;

(iii) Old R.A. No. 7919 visa imprint;

(iv) New/amended name of the applicant, if any; and

c. Photocopy of ACR I-Card (front and back). TEaADS

An application for the re-stamping of the new R.A. No. 7919 security visa imprint shall only be received for processing upon submission of all the documentary requirements stated in this Section.

SECTION 4. Filing in Person; Exception. — A 7919 visa holder who applies for the re-stamping of the new R.A. No. 7919 security visa imprint shall submit his application in person. If the 7919 visa holder cannot file his application in person due to illness, infirmity, or old age, he may execute a Special Power of Attorney authorizing a representative to appear and act on his behalf.

SECTION 5. Procedure and Timelines. —

a. Filing. — An application for the re-stamping of the new R.A. No. 7919 security visa imprint shall be submitted to the Central Receiving Unit (CRU) to determine compliance with the Completeness Rule. The CRU personnel shall return an incomplete application and advise the applicant to complete the documentary requirements stated in Section 4 of this Order.

b. Transmittal. — The CRU shall transmit the complete application to the RA 791/8274 Unit for docketing, retrieval and assessment of the applicant's 7919/8274 records from the Bureau's 7919/8274 database.

c. Assessment. — The reviewing officer shall assess the application and endorse the application to the Cluster Head, Regulatory Cluster for approval or disapproval.

d. Approval/Disapproval. — The Cluster Head, Regulatory Cluster shall approve or disapprove the application after evaluation of the assessment of the RA 7919/8274 Unit reviewing officer. In case of approval, the Cluster Head, Regulatory Cluster shall transmit the entire application to the RA 7919/8274 Unit for re-stamping of the new R.A. No. 7919 security visa imprint.

e. Release. — The RA 7919/8274 Unit shall re-stamp the new R.A. No. 7919 security visa imprint on the same day it received the approved application from the Cluster Head, Regulatory Cluster.

As far as practicable, the procedure stated in this Section shall be completed within twenty four (24) hours from the date of filing of the application.

SECTION 6. Cancellation of ACR I-Card. — An ACR I-Card already issued to a 7919 visa holder or re-issued under this Order shall be cancelled, after observance of due process, in any of the following instances:

a) If the Bureau discovers that the 7919 visa holder failed to pay an installment of the Integration Fee within the prescribed period;

b) If the 7919 visa holder has been ordered deported for violation of any immigration laws, rules and regulations.

SECTION 7. Effect of Cancellation of ACR I-Card. — A 7919 visa holder whose ACR I-Card is cancelled in accordance with Section 7 of this Order shall ipso facto lose his legal resident status.

If the Bureau discovers that the 7919 visa holder has committed acts of perjury or misrepresentation in his application, the matter shall be referred for the filing of a deportation case against the foreign national.

SECTION 8. Creation of an RA 7919/8274 Unit. — To ensure effective implementation of this Order, there is hereby created an RA 7919/8274 Unit within the Bureau of Immigration.

SECTION 9. Confidentiality Clause. — The applicant's information in the Bureau's 7919 database is confidential and may only be used to make a determination of the veracity of the factual statements he made or to enforce penalties provided under R.A. No. 7919, as amended.

SECTION 10. Separability Clause. — If any provision of this Order is declared invalid or unconstitutional, the other provisions unaffected shall remain valid and subsisting.

SECTION 11. Repealing Clause. — This Order repeals Operations Order No. SBM-2014-035 and Operation Order No. SBM-2013-028.

SECTION 12. Effectivity Clause. — This Order shall take effect within fifteen (15) days after publication in two (2) newspaper of general circulation.

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

(SGD.) SIEGFRED B. MISONCommissioner

Approved:

(SGD.) LEILA M. DE LIMASecretary

Footnotes

1. BI Form 2014-08-008 Rev 0.

2. BI Form 2014-08-009 Rev 0.

3. Annex "A".

Published in The Philippine Star on February 21, 2015.