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CODE OF CONDUCT FOR OFFICIALS AND EMPLOYEES OF THE BUREAU OF IMMIGRATION

 

WHEREAS, the Constitution declares that it is the prime duy of the Government to serve and protect the people. It is likewise declared that the maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the genereal welfare are essential for the enjoyment by all the people of the blessings of democracy. Furthermore, the Constitution guarantees the pursuit of an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination;


WHEREAS, the Bureau is mandated under Commonwealth Act. No. 613, as amended, otherwise known as the Philippine Immigration Act of 1940, to control and regulate the immigration of foreign nationals in the country, through the administration and enforcement of immigration and citizenship laws, and the admisssion, exclusion, deportation, and repatriation of aliens;


WHEREAS, the Bureau in the pursuit of its mandate, adheres to the strict implementation of all laws, rules, policies and regulations pertaining to the entry, exit, and sojoun of foreign nationals with the view of securing the tranquility of the state against aliens whose presence or stay may be deemed threats to national security, public safety, public morals, and public health;


WHEREAS, the Bureau is a public office is a public trust, and all public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives;


WHEREAS, the Bureau has envisioned itself as a government agency that is graft-free, with all officials and employees united under the ethics and principles of professionalism, enabledwith the skills and competencies of an immigration practitioner, and imbued with the highest possible levels of motivation towards excellence and nationalism;


WHEREAS, the Bureau has adopted all the positive core values of the Filipino embodied in the Preamble as well as in the Declaration of Principles and State Policies of the Constitution; they are faith in God, patriotism, rule of law, truth, social justice, freedom, love, equality, peace, amity with all nations, public service, concern for the family, women and the youth, self reliance, concern for the environment, health and human rights, compassion and respect for human dignity, national unity and graft intolerance;


WHEREAS, while there are statutory provisions and Civil Service rules governing the ethical standards of government officials and employees, there is a need to adopt norms of conduct that are specific to all Bureau personnel because of their sensitive duties and responsibilities, as well as the special nature of their functions calling for a higher degree of professionalism and utmost commitment to national integrity and interest;


NOW, THEREFORE, the Board of Commissioners in behalf of all the officials and employees of the Bureau of Immigration hereby promulgates this CODE OF CONDUCT FOR OFFICIALS AND EMPLOYEES OF THE BUREAU OF IMMIGRATION, to wit:


Rule I


COVERAGE


SECTION 1. This Code shall apply to all personnel of the Bureau; permanent, contractual and co-terminus, including, but not limited to the Commissioner, Associate Commissioners, Executive Director, Division Chiefs and their deputies, Regional Directors, Alien Control Officers, Section Chiefs and Technical Assistants.


Rule II


FIDELITY, COMPETENCE and DILIGENCE in the PERFORMANCE of DUTIES


SECTION 1. Bureau personnel shall perform and discharge their duties with the highest degree of honesty, morality, excellence, professionalism, intelligence and skill and they shall extend prompt, courteous and adequate service to the public and shall at all times remain sincere and true to their calling as public servants.


SECTION 2. Bureau personnel shall always uphold the public interest over and above their personal interests and shall not use official position to secure unwarranted benefits, priveleges or exemptions for themselves or others.


SECTION 3. In the interest of national security, it shall be the sworn duty of every personnel to be loyal to the Republic, the Constitution , and the Filipino people. They shall at all times upold the rule of law and endeavor to maintain and protect Philippine sovereignty against foreign intrusion.


SECTION 4. In the interest of good international relations and to promote international friendship and goodwill, every reasonable effort consistent with the requirements of immigration law and regulations shall be made by Bureau employees to avoid causing annoyance and inconvenience to aliens and the transacing public. BI personnel are reminded that in the discharge of their duties they will come in contact with aliens of varying social attainments, often speaking only their native tongue. (Adopted – Administrative Order No. 1 dated January 1, 1941)


SECTION 5. Bureau personnel shall at all times be zealous to secure and protect the country's sovereignty against undesirable aliens whose presence is a threat to public safety, public morals, public health, and public interests.


SECTION 6. Bureau personnel shall always strive to appear and conduct themselves as to maintain the dignity of their position. This necessitates neatness in their personal appearance, tact, and courtesy in their dealings with aliens. (Adopted – Administrative Order No. 1 dated January 1, 1941)


SECTION 7. Bureau personnel shall at all times be punctual in the performance of their duties and shall commit themselves exclusively to the business and responsibilities of their office during working hours.


SECTION 8. Bureau personnel as frontline officers shall support the government's tourism inititiatives by adopting customer friendly programs, promoting goodwill and amity among nations.


SECTION 9. Bureau personnel shall provide service to everyone without discrimination and shal not dispense special favors to anyone. They shall not allow kinship, rank, position, creed or religion, political affilitaion or preference, or favors from any party to influence their official acts, duties and functions. In so far as foreign nationals are concerned, Bureau personnel shall treat them as customers, ever mindful to provide the best service that will benefit the inerests of the country, and shall dispense their duties and functions with a deeper appreciation and understanding of the culture, norms, values, lifestyles and sensitivities of foreign nationals.


SECTION 10. Bureau personnel shall expeditiously enforce rules and regulations of the Bureau without fear or favor.


SECTION 11. Bureau personnel shall promptyly act on and dispose of written requests, petitions, applications, motions, etc. and shall promptly implement orders, resolutions, decisions or judgments of the Board within the limits of their authority. They shall not neglect or refuse, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before them for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring their own interests or giving undue advantage in favor of or discrimation agains any other interested party.


SECTION 12. Bureau personnel shall not remove, conceal, alter, falsify, destroy or mutilate any document, paper or record within their control.


SECTION 13. Bureau personnel shall not accept any present or favor from the transacting public and shall not accept any fee or remuneration other than what they are entitled to receive in their official capacity.


SECTION 14. Bureau personnel shall not engage in any activity that involves undue facilitation of transactions for pecuniary gain or other advantage or consideration i.e. fixing. They are prohibited to deal, directly or indirectly, with fixers.


A fixer refers to any individual, whether or not officially involved in the operation of government office or agency, who has access to people working therein and whether or not in collusion with them, who facilitates the speedy completion of transaction for pecuniary gain or any advantage or consideration relative to paragraph 3, Section 1, Rule III of this Code.

Further to the foregoing defintion and consistent with the Implementing Rules and Regulations of R.A. 9485, otherwise known as the Anti-Red Tape Act f 2007, a fixer is a person who, for a fee, favor, or present, performs any of the acts for, and in behalf of another person, in relation to or in connection with any official transaction(s) in the Bureau:


    1. Preparing and/or filing of applications, petitions, motions, letter-requests and other pleading;

    2. Receiving notices of hearing, resolution, decisions, orders, official documents and other legal process;

    3. Engaging in unauthorized and/or illegal transacions or arrangements;

    4. Influencing the actions of co-employees for pecuniary gain relative to item nos. 14.1, 14.2 and 14.3

 

The following, however, are not considered fixers: (a) a lawyer who practices law before the Bureau, or the authorized liaison officers of any law office; (b) authorized representatives of a travel agency or private entity, duly accredited by the Bureau so long as they strictly adhere to the prescribed policies, guidelines and procedures for accreditation of private entities and their representatives in the Bureau as embodied in Memorandum Circular MCL No. - 010; © an applicant/petitioner acting in his own behalf, his attorney-in-fact; (d) a person duly authorized to act in behalf of a corporation or other judicial entity.


SECTION 15. Bureau personnel shall use the agency's resources, property and funds in their custody in an official mater and in a judicious manner and solely in accordance with the prescribed statutory and regulatory guidelines or procedures.


SECTION 16. Bureau personnel shall conduct themselves with courtesy, fairness, good faith and candor toward their colleagues/co-employees. They shall not persuade, induce, or influence their colleagues/co-employees to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allow themeselves to commit such violation or offense.


SECTION 17. Bureau personnel and their families shall lead modest lives appropriate to their positions and income, They shall not indulge in extravagant or ostentatious display of wealth in any form.


Rule III


CONFLICT OF INTEREST


SECTION 1. Bureau personnel shall avoid confilcts of interest in performing official duties. They are required to exercise utmost diligence in detecting conflicts of interest, in disclosing them to the designated authority and terminating them as they arise.


Actual or potential conflict of interest occurs when an official or employee of the BI is in a position to influence a decision that may result in a personal gain or gain for a relative within the third degree of consanguinity or affinity.


However, a conflict of interest is presumed when a Bureau personnel has a substantial financial interest in the business owned fully or partially by foreign nationals and/or accredited private firms, and in the interest of such business, his rights or duties therein may be opposed o or affected by the faithful performance of his official duty as an employee of the Bureau.


SECTION 2. When a conflict of interest arises, a Bureau personnel shall resign from his position in any private business owned or co-owned by a foreign national within thiry (30) days from his assumption of office, and divests himself of his shareholdings or interest within 60 days from such assumption. The requirement of divestment applies to all who serve the agency including confidential agents, casual, or temporary workers.


For purposes of this Code, a conflict of interest also applies to any BI officials and employees who engage in the facilitation of immigration services during office hours but refuse or fail to abide by the provisions of a merit-based performance evaluation system i.e. CSC MC No. 7, s. of 2007 (PMS-OPES).


Rule IV


NEPOTISM


SECTION 1. Relatives within the third degree of consanguinity or affinity of the recommending or appointing authority shall not be hired as employees of the Bureau whether contractual or permanent, except those who shall serve in a confidential capacity and for a term co-terminus with the recommending and/or appointing authority.


SECTION 2. Supervision by the head of office, division, or section over a relative within the third degree of consanguinity or affinity shall not be allowed.


Cases of previous appointments which are in contravention with this Section shall be corrected by transfer, and pending such transfer, no promotion or salary increase shall be allowed in favor of the relative/s appointed in violation of these provisions.


Rule V


MORALITY IN THE PUBLIC SERVICE


SECTION 1. The highest degree of morality shall be expected and practiced by all officials and employees. Hence, illicit relationships, disgraceful and immoral conduct and corruption shall not be tolerated and will not remain unpunished.


SECTION 2. The prosecution of administrative cases invloving immorality and corruption shall be given priority and immediate acion. Scuh action shall be without prejudice to the filing of the appropriate criminal charges under existing laws and jurisprudence.


SECTION 3. Corollary to the above punitive approach, positive or preventive measures to curb the culture of immorality and corruption shall be the continuing concern and primary duty of the Bureau.


Rule VII


RECEIVING AND HANDLING OF COMPLAINTS


SECTION 1. No BI personnel shall be removed or suspended except for cause as provided by law and after due process.


SECTION 2. Any complaint against any BI officer or personnel under this Code shall be initiated by a verified compaint, or if not verified, is verifiable and supported by the necessary evidence. This section shall also cover situationns wherein BI personnel institute an administrative action against a co-worker in the Bureau.


SECTION 3. Complaints, whether verified or not, shall be referred to the Internal Affairs Unit (IAU) or to any office of the Bureau mandated to receive complaints against Bureau officials and employees. The office receiving the complaint shall endorse the complaint to the IAU which shall initate administrative proceedings under the Uniform Rules on Administrative Cases in the Civil Service. The results of the proceedings and appropriate recommendations of the IAU shall be submitted to the Office of the Commissioner for appropriate action. (Adopted from Memorandum Order MCL No. 022 s. of 2009)


Rule VIII


COMMAND RESPONSIBILITY


SECTION 1. It shall be the responsibility of all supervising Bureau personnel to ensure that all their constituents and subordinates shall receive a copy of this Code and have read and understood the provisions contained thereon. It is also their responsibility to monitor the enforcement of this Code and to report any violation thereof to the Commissioner.


SECTION 2. Any supervisor who has knowledge that an offense or violation of this Code shall be committed, is being committed, or has been committed by his/her subordinates, or by others within his/her area of responsibility, and despite such knowledge, did not take preventive or corrective action either before, during, or immediately after its commission shall be held accountable for neglect of duty.


SECTION 3. A supervisor is presumed to have knowledge of the commission of an offense or violation of this Code in any of the following circumstances:

a. When the offense or violation to this Code is widespread with his area of jursidiction;

b. When the offense or violation to this Code is repeatedly or regularly committed within his area of responsbibility;

c. When members of his immediate staff or personnel are involved.


Rule IX


DUTY TO REPORT


SECTION 1. It is the duty of all Bureau personnel who witness or become aware of any volation of this Code by any personnel, or any attempted or consummated act of graft and corruption involving any BI personnel to report the same to any authorized official of the Bureau.


SECTION 2. A complaint or report on any malpractice or corrupt practice shall be made in writing and under oath and should be filed within thirty (30) days from the date of the commission of the unlawful act. If the act is continuous in nature in which case the filing of the complaint or report should be done within a reasonable time from knowledge of such unlawful act.


SECTION 3. All reports and identities of the complainant and of the respondent should be treated with confidentiality, sensitivity and discretion to the extent allowed by the circumstance and the law. Generally, complaints and reports will only be shared with those who have a need to know so that the Bureau can conduct an effective investigation and determine what action to take.


SECTION 4. Anonymous complaints should be filed with the Office of the Whistle Blowing Assessor who hill determine probable cause. Upon findings by the Whistle Blowing Assessor that a probable cause exits, he shall endorse the report or complaint to the Inernal Affairs Unit (IAU) which shall conduct investigation and hearings on the case. In turn, the IAU shall make the final recommendation to the Commissioner.


SECTION 5. No official or employee who in good faith reports a violation of the Code shall suffer harassment, retaliation, or adverse employment consequence. AN employee who reports a violation in bad faith is subject to appropriate disciplinary action. Whistleblowers who believe they have been retaliated against may file a written complaint with the Internal Affairs Unit which will promptly investigate and take appropriate measures.


Rule X


CONFIDENTIALITY


SECTION 1. Bureau personnel shall not disclose to any unauthorized person any confidential information acquired by them while employed in the agency, whether such information comes from authorized or unauthorized sources.


Confidential information means information related to cases still being heard, pending applications and other issuance not yet made a matter of public record, as well as information not yet made public, concerning the work of any personnel.


SECTION 2. Confidential information available to specific individual by reason of statute, rule, or policy shall be disclosed only by persons authorized to do so.


SECTION 3. Unless expressly authorized, employees shall not disclose confidential information given by the applicants, movants, witnesses, or their attorneys to any other member of the Board of Commissioners or any official. This shall be known as the “need to know” policy in disclosing information.


SECTION 4. Personnel leaving the Bureau for whatever reason shall bind themselves not to disclose confidential information acquired by them during their employment in the agency, otherwise they shall be held responsible and all their benefits cancelled and revoked.


Rule XI


SYSTEMS OF REWARDS AND INCENTIVES


SECTION 1. A system of rewards and incentives is hereby established in order to motivate, inspire and encourage BI personnel to uphold the highest standards of ethics in immigration service delivery. For this purpose, the Committee on Program for Rewards and Incentives for Service Excellence or PRAISE is hereby created under the Office of the Commissioner, to ensure the institutionalization of said systems of rewards and incentives.


SECTION 2. It shall be the task of the PRAISE Committee to conduct a periodic and continuing review of the performance of all employees, and to incorporate in its multi-stakeholder evalutaion structure, as system to recognize compliance to this Code, as well as its commensurate rewards and incentives for outstanding merit, on the basis of the standards set forth in this Code.


SECTION 3. The conferment of rewards shall take into account among other things the following: the quality and consistency of performance, the risk factors inherent in their work, the unque and exemplary quality of certain achievements in national security, the display and manifestation of customer service excellence, as well as the level of commitment to public service.


SECTION 4. Incentives and rewards to outstanding personnel shall be given in public ceremonies, honoring them in the form of cash bonuses, citations, scholarship grants, paid vacation and the like. Thay shall likewise be promoted to the next higher position with the commensurate salary suitable to their qualification. The PRAISE Committee shall adopt its own rules to govern the conduct of its activities, taking into consideration the provisions of this Code.


Rule XII


PENALTIES


SECTION 1. Any Bureau personnel regardless of rank and status, committing any violation of this Code shall be punished appropriately and consistent with the penal provisions of Republic Act No. 6713, as amended.


SECTION 2. Any violation hereof proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of personnel, even if no criminal prosecution is instituted against him.


Rule XIII


INCORPORATION OF OTHER RULES


SECTION 1. All provisions of law, Civil Service Rules, and administrative issuance governing or regulating the conduct of public officers and employees applicable to the Bureau of Immigration are deemed incorporated in this Code.


Rule XIV


EFFECTIVITY


SECTION 1. This Code of Conduct shall take ffect fifteen (15) days following the issuance and circulation of an Office Memorandum informing all BI personnel of the adoption of this Code.


City of Manila, Philippines this ________ day of ______ 2007.





THE BOARD OF COMMISSIONERS




MARCELINO C. LIBANAN

Commissioner


   ROY M. ALMORO                                                                                          ENRIQUE B. GALANG JR.

Associate Commissioner                                                               Associate Commissioner
 
MEMORANDUM ORDER NO. MCL-09-027
Republic of the Philippines
Department of Justice
Bureau of Immigration
Magallanes Drive, Intramuros Manila


MEMORANDUM ORDER NO. MCL-09-027

IMPLEMENTING RULES AND REGULATIONS (IRR) OF MEMORANDUM ORDER NO. MCL-09-024, DATED 23 NOVEMBER 2009, ENTITLED "ISSUANCE OF ALIEN CERTIFICATE OF REGISTRATION IDENTITY CARD (ACR-ICARD) TO [1] NON-RESTRICTED FOREIGN NATIONALS GRANTED A TOTAL AUTHORIZED STAY OF FIFTY-NINE DAYS (59) AS TEMPORARY VISITORS UNDER SECTION 9(A) OF COMMONWEALTH ACT NO. 613, OTHERWISE KNOWN AS THE PHILIPPINE IMMIGRATION ACT OF 1940 AS AMMENDED, AND [2] TEMPORARY VISITORS WHO APPLY FOR AND ARE GRANTED SPECIAL STUDY PERMIT (SSP) AND SPECIAL WORK PERMIT (SWP)"
 
    As a necessity and consequence for the implementation and administration of Memorandum Order No. MCL-09-024 dated 23 November 2009, entitled " ISSUANCE OF ALIEN CERTIFICATE OF REGISTRATION IDENTITY CARD (ACR-ICARD) TO [1] NON-RESTRICTED FOREIGN NATIONALS GRANTED A TOTAL AUTHORIZED STAY OF FIFTY-NINE DAYS (59) AS TEMPORARY VISITORS UNDER SECTION 9(A) OF COMMONWEALTH ACT NO. 613, OTHERWISE KNOWN AS THE PHILIPPINE IMMIGRATION ACT OF 1940 AS AMMENDED, AND [2] TEMPORARY VISITORS WHO APPLY FOR AND ARE GRANTED SPECIAL STUDY PERMIT (SSP) AND SPECIAL WORK PERMIT (SWP)" the following implementing rules and regulations are hereby issued:

 

    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 terrorist, 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.

    2. COVERAGE. - The following categories of foreigners are hereby included under the coverage of those to be issued an Alien Certificate of Registration Identity (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 ammended;

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

    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.

[a] The date of approval of the extension of visa to non-restricted foreign nationals who are granted a total authorized stay of more than fifty-nine (59) days, as temporary visitors under Section 9(a) of Commonwealth Act of No. 613, as ammended , shall be reflected as the date of validity of the ACR I-CARD.

[b] The date of approval of the Special Study Permit (SSP) shall be reflected as the date of validity of the ACR I-CARD.

[c] The date of approval of the Special Work Permit (SWP) shall be reflected as the date of validity of the ACR I-CARD.

    4. EXTENSION OF TRV, 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.

    5. APPLICATION PROCESS. -

[a] For an application for extension of Temporary Visitor's Visa (TVV) for a total authorized stay of more than fifty-nine (59) days, Special Study Permit (SSP) and Special Work Permit (SWP) that are processed and granted at the BI Main Office, the ACR I-CARD shall n processed, printed and released simultaneously with the approval of the visa etension or permit to the applicant.

[b] For an application for extension of Temporary Visitor's Visa (TVV) for a total authorized stay of more than fifty-nine (59) days, Special Study Permit (SSP) and Special Work Permit (SWP) that are processed, approved and granted at the district offices, sub-port offices, satellite offices, and extension offices, the corresponding ACR I-CARD shall be processed, printed and released within (48) hour period from the time of approval.

[c] For an application for extension / updating of Temporary Visitor's Visa (TVV) for a total authorized stay of more than fifty-nine (59) days that are processed, approved and granted at the district offices, subport offices, sattelite offices, extension offices and international ports of entry /exit on the date of actual printed, however, the same shall ne deemed as surrendered to the Immigration Officer at the airport.

    6. DELIVERY AND ISSUANCE OF ACR I-CARDS. - At the option of the applicant, the ACR I-CARD shall be delivered either [1] to the district office, sub-port office, satellite office, and extension office, where he/she submitted the application for him/her to personally, or through his/her duly authorized representative, to claim or [2] to his/her stated local address; Provided, that in the latter case, 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 the applicant, as consignee of the ACR I-CARD, binds himself to pay the stated cost of delivery upon receipt of the package containing his ACR I-CARD.

    7. GRANT AND/OR CANCELLATION OF PERMITS. - A grant of SSP or SWP, or transfer of educational institution or employer by the foreigner , respectively, or the cancellation thereof to an ACR I-CARD holder under this Memorandum Order shall necessitate the assesment and proof of payment of all required immigration fees and related charges, including the ACR I-CARD issuance fee, attendant to such change of immigration or visa status. The applicant shall be issued a new ACR I-CARD showing the color-code as provided in paragraph 9 hereof.

    8. RECORDING OF VISA/PERMIT VALIDITY INSIDE MICRO-CHIP. - The inclusive validity period of the approval of the extension of visa/permit category of temporary visitors, and any subsequent visa/permit extension within the validity period , shall be recorded in the embedded micro-chip of the ACR I-CARD.

[a] The inclusive validity period of the approval of the extension of visa/permit to non-restricted foreign nationals who are granted a total authorized stay of more than fifty-nine days, as temporary visitors under section 9(a) of Commonwealth Act No. 613, as ammended, shall be recorded in the embedded micro-chip of the ACR I-CARD.

[B] The inclusive validity period of the approval of the Special Study Permit (SSP) shall be recorded in the embedded micro-chip of the ACR I-CARD.

[c] The inclusive validity period of the approval of the Special Work Permit (SWP) shall be recorded in the embedded micro-chip of the ACR I-CARD.

    9. COLOR CODING. - The ACR I-CARD issued to the Temporary Visitor's Visa (TVV) holder for a total authorized stay of more than fifty nine (59) days, Special Study Permit(SSP) or SpecialWork Permit (SWP) shall be color coded as follows:

[a] GREEN and ORANGE - Non-restricted foreign nationals granted a total authorized stay of fifty-nine days and beyond, as temporary visitor under Section 9(a) of Commonwealth Act No. 613, as amended;

[b] RED and VIOLET - Temporary visitors who apply for and are granted Special Study Permit (SSP);

[c] RED and BLACK - Temporary visitors who apply for and are granted Special Work Permit (SWP).

    10. 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 dated, extension granted, and other relevant information appertaining to the foreign national.

    To attain the objetive of establishing a singular identification card to serve as an identity ans convenient transaction card doe all resident foreigners and temporary visitors, the ACR I-CARD, in xombination 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, shools 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, shall 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.

    11. EMIGRATION CLEARANCE CERTIFICATE (ECC). - Foreign nationals who have been granted a total authorized stay of six (6) months or more shall be required to secure a Emigration Clearance Certificate (ECC) from the Bureau of Immigration.

    12. EXIT/DEPARTURE FROM THE COUNTRY. - Notwithstanding its validity period, the ACR I-CARD shall not be used as a Re-Entry Permit (RP) or Special Return Certificate (SRC) at the time if arrival and primary inspection at the port of entry for [1] non-restricted foreign nationals who have been granted a total authorized stay of more than fifty-nine (59) days as Temporary Visitor under Section 9(a) of Commonwealth Act No. 613, as ammended and [2] Temporary Visitors who apply for and are granted Special Study Permit (SSP) and Special Work Permit (SWP) after an exit/departure is made from the country.

    13. SURRENDER OF ACR I-CARD UPON EXIT/DEPARTURE. - The ACR I-CARD shall be presented and surendered to and retained bu the Immigration Officer at the primary inspection counter upon exit/departure from the country. The concerned Immigration Officer shall immediately turn-over the surrendered ACR I-CARDs to the ACR I-CARD Center at the BI Main Office for inventory and proper disposition

    14. REPLACEMENT OF LOST CARDS. - Replacements of lost cards shall be subject to the payment of existing replacement fee for ACR I-CARDs.

    15. MANDATORY COMPLIANCE. - The issuance of the ACR I-CARD shall be incorporated as the last step in the present system of expediting visa/permit issuance.

    The Alien Registration Division (ARD), the Visa Extension Section, the Cash Section and the Computer Section 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 eihout proof of payment of all immigration fees and related charges, including the ACR I-CARD issuance fee.

    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.

    16. REPEALING CLAUSE. - All memoranda, orders, rules, regulations ans other issuances inconsistent herewith are hereby repealed or modified accordingly.

    17. EFFECTIVITY. - This memorandum Order shall take effect immediately upon its publication in a newspaper of general circulation.

    Let copies of this Memorandum Order be filed with the Office of the National Administrative Register (ONAR), U.P. Law Center, U.P. Complex, Diliman, Quezon City.


    City of Manila, 29 December 2009.

 

Marcelino C. Libanan
Commissioner
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MEMORANDUM CIRCULAR NO. MCL-09- 001
SUBJECT      :    PROVIDING THE IMPLEMENTING RULES AND  REGULATIONS FOR EXECUTIVE ORDER NO. 758, DATED 04 FEBRUARY 2009, ENTITLED “PRESCRIBING THE GUIDELINES FOR THE ISSUANCE OF SPECIAL VISA FOR EMPLOYMENT GENERATION TO CERTAIN INDIVIDUALS AND UNDER SPECIAL CIRCUMSTANCE

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EXECUTIVE ORDER NO. 758 - Special Visa for Employment Generation
EXECUTIVE ORDER NO. 758

PRESCRIBING GUIDELINES FOR THE ISSUANCE OF A SPECIAL VISA TO NON-IMMIGRANT FOR
EMPLOYMENT GENERATION

WHEREAS, there are foreigners who want to maintain a lawful presence in the Philippines by actually directly or exclusively engaging in lawful, viable, and sustainable trade, business, industry, or activity offering local employment;
WHEREAS, according to the April 2008 survey of the National Statistics Office (NSO), there are 2.9
million Filipinos who are currently unemployed;

WHEREAS, creation of job opportunities for the Filipino is one of the advocacies of the Arroyo
Administration under its 10-point Agenda;

WHEREAS, Commonwealth Act (CA) No. 613, otherwise known as the Philippine Immigration Act of
1940, as amended, authorizes the President, when public interest so warrants, to admit as non-
immigrants, foreigners not otherwise provided for by the Act, who are coming for a temporary period only, under such conditions as may prescribed;

WHEREAS, public interest, particularly on an aspect of employment generation for Filipinos warrants the admission of these foreigners as special non-immigrants under Section 47 (a)(2) of CA No. 613, as amended;

NOW, THEREFORE, I GLORIA MACAPAGAL – ARROYO, President of the Republic of the Philippines,
by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Special Visa for Employment Generation (SVEG). – The SVEG is a special visa issued to
a qualified non-immigrant foreigner who shall actually employ at least ten (10) Filipinos in a lawful and sustainable enterprise, trade or industry. Qualified foreigners who are granted the SVEG shall be considered special non-immigrants with multiply entry privileges and conditional extended stay, without need of prior departure from the Philippines.

The privileges of this Executive Order may extend to the qualified foreigner’s spouse and dependent unmarried child/children below eighteen (18) years of age whether legitimate, illegitimate or adopted.

SECTION 2. Who may avail. – Non-immigrant foreigners who wish to avail of the SVEG should comply with the following conditions:

a. The foreigner shall actually, directly or exclusively engage in a viable and sustainable commercial investment/enterprise in the Philippines, exercises/performs management acts or has the
authority to hire, promote and dismiss employees;
b. He evinces a genuine intention to indefinitely remain in the Philippines;
c. He is not a risk to national security; and
d. The foreigner’s commercial investment/enterprise must provide actual employment to at least ten (10) Filipinos in accordance with Philippine labor laws and other applicable special laws.

The above-mentioned requirements must be continually satisfied by the foreigner for him/her to continue to be a holder of the SVEG.

SECTION 3. Application for SVEG. – (a) Upon payment of regulatory fees, the Commissioner of
Immigration shall receive and resolve SVEG applications within fifteen (15) days from the date of filing. Documentary proofs required by the Commissioner of Immigration shall be evaluated and reviewed without strict observance to the technicalities of evidence and procedure.

(b) Upon favourable review, the Commissioner of Immigration shall issue a Notice of Approval directing the foreigner-applicant to report for registration and documentation at the Bureau of Immigration. An Alien Certificate of Registration (ACR) I-Card and an Identification Certification (IC) shall be issued upon payment of appropriate fees. The ACR I-Card and the IC shall indicate among others, the following:

“Status Adjusted without Departure as a Special Non-Immigrant with Multiply Entry Privileges and
Conditional Extended Stay in the Philippines under (this Executive Order)”

(c) Otherwise, the Commission shall issue a Notice of Disapproval informing the foreigner applicant of the denial of his application. Within fifteen (15) days from receipt of such disapproval, the foreigner-applicant may file a motion for Reconsideration (MR) for the review of his application. Only one (1) such Motion shall be entertained.

(d) The Commissioner of Immigration shall monitor the continued compliance by the foreigners of the requirements of the SVEG.

(e) All fees collected by the Bureau of Immigration shall be acknowledged by bonded collecting offices via issuance of official receipts. These collections shall be accounted for as government funds and subject to strict auditing procedures.

SECTION 4. Revocation of the SVEG. – (a) The Commissioner of Immigration shall revoke the SVEG
granted: (i) If the SVEG holder fails to maintain compliance of any of the conditions see forth in Section 2 hereof; (ii) If it was obtained through fraud or willfull misrepresentation of material facts; (iii) Upon conviction of the foreigner by final judgment for a crime or offense in the Philippines; or (iv) A final determination by competent authority that the foreigner poses a risk to national security.

(b) A foreigner whose special non-immigrant status is revoked under Sections 4 (a) (i), 4 (a) (ii) or 4 (a) (iv) hereof shall be deported via summary proceedings. In the case of revocation under Section 4 (a) (iii), the foreigner shall be deported after the service of sentence.

(c) A foreigner deported by the BI Board of Commissioners under this Section shall be transported to the country whence he came, or to the foreign port where he embarked for the Philippines, or the country of his nationality of or of which he is a citizen or subject, or to the country in which he resided prior to his coming to the Philippines.

SECTION 5. Implementing Rules and Regulations and the One-Stop-SVEG Facility. – Within thirty
(30) days from the signing of this Executive Order, the Commissioner of Immigration, together with representatives from the Department of Justice (DOJ), the Department of Finance (DOF), the Department of Trade and Industry (DTI), the Department of Foreign Affairs (DFA), the Department of Labor and Employment (DOLE), the National Intelligence Coordination Agency (NICA) as well as other concerned government agencies, local or foreign chambers of commerce, and stakeholders as determined by the Commissioner of Immigration, shall promulgate the necessary Implementing Rules and Regulations (IRR) to ensure the orderly issuance of the SVEG.

Such IRR shall provide for the establishment of a One-Stop-SVEG Facility within the Bureau of Immigration with the participation of the departments and agencies abovementioned, to assist interested foreigners in the processing of documentary requirements to support their SVEG application (i.e. Alien Employment Permit from the DOLE, etc.)

The IRR shall take effect fifteen (15) days after the completion of its publication in at least two (2) newspapers of general circulation. Copies of the IRR shall be sent to the Office of the President, the Secretary of Justice, and the National Administrative Register at the U.P. Law Center.

SECTION 6. Reportorial Requirements. – The Commissioner of Immigration shall submit regular monthly reports on the implementation of this executive order to the Office of the President and the Secretary of Justice.

Certified copies of the SVEG issued by the Commissioner of Immigration pursuant to this Executive Order, including the supporting documents thereon, shall likewise be furnished to the Secretary of Justice for proper departmental recording and review.

SECTION 7. Construction. – Nothing in this Executive Order shall be construed to diminish or otherwise preclude the President as Chief Executive, and the Secretary of Justice as Department Head, from exercising their respective powers and authorities over the Bureau of Immigration, pursuant to the provisions of the Revised Administrative Code and other existing laws, executive issuances, rules, and regulations.

SECTION 8. Separability Clause. – If any provision of this Executive Order is declared invalid or unconstitutional, the provisions not affected thereby shall continue in force and effect.

SECTION 9. Repealing Clause. – The provisions of other executive issuances, departmental/administrative orders, circulars, instructions, directives and memoranda incostinent herewith are hereby repeal or modified accordingly.

SECTION 10. Effectivity. – This Executive Order shall take effect fifteen (15) days after completion of its publication in at least two (2) newspapers of general circulation.

DONE in the City of Manila, this 17th day of November in the year of Our Lord, Two Thousand and Eight.

(Sgd.) GLORIA MACAPAGAL-ARROYO

By the President:

(Sgd.) EDUARDO R. ERMITA

Executive Secretary
 
MEMORANDUM ORDER MCL NO. 08-036

Online Publication of Final and Executory Orders and or Decisions of Dismissal from Service

  1. In compliance with the Integrity Development Action Plan (IDAP) (no. 3 Deterrence, Investigation and Enforcement) and further to the attached memoranda addressed to the Internal Affairs Unit and Center for Training and Research, and the Chief, Administrative Division dated November 16, 2007 and February 5, 2008 respectively, the Computer Section is hereby directed to post in the Bureau's Official Website, the attached final and executory orders/decisions of dismissal from the service, to wit:

    Name of RespondentCharge Date of Decision
    1. Erlinda FloridaGrave Misconduct and Conduct Prejudicial to the Best Interest of the Service 01-23-07
     Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service
    		 01-15-07
     Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service 07-15-05
    2. Clarissa C. PisicoGrave Misconduct and Conduct Prejudicial to the Best Interest of the Service
    		 06-21-06
     Grave Misconduct 05-24-06
    3. Alimar EtroneFalsification / Dishonesty / Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service
    		 10-18-05
    4. Manolo B. MendozaGrave Misconduct, Dishonesty and Conduct Prejudicial to the Best Interest of the Service
    		 10-11-04
    5. Julian T. GiananGrave Misconduct
    		 09-01-03
    6. Lourdes PeraGrave Misconduct
    		 04-12-02
    7. Ma. Melanie V. BernabeDishonesty and Grave Misconduct
    		 02-11-02
    8. Israel BorjaDishonesty and Conduct Prejudicial to the Best Interest of the Service 01-28-02
    9. Rodollfo FedellagaGrave Misconduct 01-03-01
     Grave Misconduct 03-08-02
    10. Erwin C. RodolfoGrave Misconduct 09-26-01
    11. Jose VillanuevaGrave Misconduct 10-19-00
    12. Milborga C. MagaGrave Misconduct 08-11-99
    13. Teresita L. VertudesGrave Misconduct 01-12-99
    14. Remegio P. AbergasGrave Misconduct 01-12-99
    15. Sacandatu D. SultanViolation of R.A. 6713 06-23-99
    16. Julito IsorenaGross Neglect of Duty and Dishonesty 09-29-99
    17. Angelita MedinaGrave Misconduct 12-10-98
    18. Alimosa S. Marohom
    		Dishonesty; Examination Irregularity, Impersonation 03-05-90


  2. The Internal Affairs Unit is further directed to furnish the Computer Section with subsequent final and executory orders and/or decisions of dismissal from the service for posting in the Bureau's Website.

  3. Let the Office of the Resident Ombudsman and the Presidential Anti-Graft Commission be furnished with copies of this Order.

  4. For immediate and strict implementation.



July 25, 2008                



Marcelino C. Libanan
Commissioner
 
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