Strengthening of Systems Deportation ( BI Memorandum Order No. AFF-2007-005 )

February 15, 2007

BI MEMORANDUM ORDER NO. AFF-2007-005

WHEREAS, Department of Justice (DOJ) Memorandum Order No. 2 dated 08 January 2007 (Re: Strengthening of Systems Deportation),provides, inter alia,thus:

"In addition to the existing systems that regulate the conduct of summary and non-summary deportation proceedings, you are hereby directed to carry out the following instruction:

1. Suspend action(s) on applications for extension of stay and petitions for change/adjustment of admission (non-immigrant, immigrant and special non-immigrant) status of all aliens, who are subjects of deportation inquiries/proceedings and/or who are in detention (Memorandum on Extension of Stay or Change of Admission Status of the Detainees by Acting Commissioner Andrea D. Domingo [9 March 1990])";

NOW, THEREFORE, in compliance with the said Memorandum Order, the following rule is hereby promulgated:

The names of all aliens who are issued a charge sheet and/or who are committed for detention pursuant to a validly issued Mission Order as mandated under Memorandum Order No. ADD-2003-007 dated 01 April 2003 and Memorandum Order No. AFF-04-002 dated 09 July 2004 shall be included in the Bureau's Watchlist.

For this purpose, the Intelligence Division, in cases of aliens validly committed for detention, and the Special Task Force on Deportation Cases, in cases of aliens who are issued with charge sheets, are hereby directed to prepare the necessary order for watchlisting for the signature of the Commissioner.

For strict and immediate compliance.

 

(SGD.) ALIPIO F. FERNANDEZ, JR.Commissioner

DEPARTMENT OF JUSTICE

08 January 2007

MEMORANDUM ORDER NO. 2

 

In addition to the existing systems that regulate the conduct of summary and non-summary deportation proceedings, you are hereby directed to carry out the following instructions:

1. Suspend action(s) on applications for extension of stay and petitions for change/adjustment of admission (non-immigrant, immigrant and special non-immigrant) status of all aliens, who are subjects of deportation inquiries/proceedings and/or who are in detention (Memorandum on Extension of Stay or Change of Admission Status of the Detainees by Acting Commissioner Andrea D. Domingo [9 March 1990).

2. Direct the Board of Commissioners with a quorum present, to regularly convene, effectively deliberate and judiciously record all its proceedings as a collegial body in all deportation cases (Macario Arocha, in behalf of Pedro Gatchalian vs. Martiniano Vivo, et al., No. L-24844 and No. L-24853 [26 October 1967]; The Board of Trustees of the Philippine Retirement Authority vs. Bureau of Immigration, et al., CA-G.R. SP No. 90246 [16 August 2005]; Ledesma, An Outline of Philippine Immigration and Citizenship Laws, Volume 1, 2006 edition, pp. 77-78);

3. Defer the implementation of decisions/resolutions/orders for deportation issued by the Board of Commissioners until after thirty (30) days from promulgation and written, official notices to this Department and the Office of the President (LOI No. 20 [31 December 1972] Relative to Part XXI on Administration of Justice and Other Pertinent Provisions of the Integrated Reorganization Plan, Section 15.2; Executive Order [E.O.] No. 292 [series of 1987], Book III, Title I, Chapter 3, Section 10 in relation to E.O. No. 292, title III, Chapter I, Section 1 and Section 3[6];

4. Abate the execution of decisions/resolutions/orders for deportation issued by the Board of Commissioners until after thirty (30) days from promulgation and written, official notices to the embassy official and/or consular representative concerned (1961 and 1963 Vienna Conventions on Diplomatic and Consular Relations, Article 36; International Court of Justice case entitled Germany vs. United States of America [1999-2001],otherwise known as the LaGrand case);

5. All official papers and documents issued in deportation proceedings for release and transmittal (i) shall be handled only by the organic or bonded personnel designated by the Chiefs to receive and/or release them; and (ii) shall be coursed, for official release, through duly-authorized organic or bonded personnel. Further, the Chiefs shall ensure that all official papers and matters pertaining to deportation cases shall be acted in accordance with law (Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees, Rule VI, Section 3);and

6. Prevent the release/discharge, transfer, deportation, removal, repatriation or rendition of any alien, when such release/discharge, transfer, deportation, removal, repatriation or rendition undermines, prejudices or in any manner does not substantively, convincingly or reasonably address considerations of national security, public safety, public health, public morals or the national interest. TaISDA

(SGD.) RAUL M. GONZALEZSecretary