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MEMORANDUM ORDER No. RPL-10-007

MEMORANDUM ORDER No. RPL-10-007

Guidelines for Secondary Inspection by Immigration Officers in the Exclusion of Aliens under Commonwealth Act (C.A.) No. 613, Section 29(a)(5), as amended

C.A. No. 613, Section 29(a)(5), as amended, provides:

                Section 29. (a) The following classes of aliens shall be excluded from entry into the Philippines:

x              x              x

(5)          Persons likely to become a public charge;

A public charge is:

        1.       One who lacks or is without means of sustainable living;

        2.       One who is primarily dependent on government benefits  or programs for subsistence, and becomes a responsibility of public  aid; or

       3.       One who is a ward of the state due to illness, incapacity, poverty and the like.

During secondary examination, the likelihood of becoming a public charge shall be based upon an examination as a whole, e.g., a totality of circumstances, of the following factors:

      1.       Age/Minority;

      2.       Health/Illness;

      3.       Income/Financial status/Assets/Resources;

      4.       Education;

      5.       Skill/Expertise/Ability;

      6.       A confirmed return/onward flight ticket;

      7.       Purpose of travel/visit;

      8.       History of previous travels, multiple entries/exits, periods of stay and admission categories;

      9.       Itinerary and accommodations; and

     10.   Sponsorship by a local or lawful alien resident, prominent business group, civic association, medical organization, religious congregation and the like.

Thus, even if the alien fails in one item, he/she may be eligible if other factors compensate sufficiently.

Ineligibility, after an examination of the totality of the preceding factors, shall constitute reasonable ground for provisional detention and exclusion under C.A. No. 613, Section 29(a) (5), as amended.

Despite ineligibility, an exclusion order under C.A. No. 613, Section 29(a)(5) as amended, may be temporarily suspended, Provided that, a prompt request by the alien to waive the exclusion order and to be allowed admission is submitted to the Commissioner of Immigration/Officer-in-Charge under C.A. No. 613, Section 29(b)(1) or (b)(2), as amended, Provided further that, proof of payment of waiver of exclusion order fee and an affidavit of guarantee are presented, And provided finally that, the alien upon admission shall not pose a risk to national security, public health, public morals, public safely or public interest.

The alien shall be released from provisional detention upon admission under C.A. No. 613, Section 29(b)(1) or (b)(2). His/Her passport or travel document shall be surrendered to an Immigration Supervisor and claimed at least three (3) hours before departure, and shall indicate the actual admission and departure.

The Chiefs of the Immigration Regulation Division, the Airport Operations Division and the Cash Section are directed shall comply with this Order.

06.09.10

 

                                                                                                (Sgd)RONALDO P. LEDESMA

                                                                                                         Officer-In-Charge

 
 
MEMORANDUM ORDER No. RPL-10-009

MEMORANDUM ORDER No. RPL-10-009

This amends MEMORANDUM ORDER NO. RPL-10-006

dated 6 September 2010

 

WAIVER OF EXC LUSION GROUND FOR CERTAIN MINORS

 

COMMONWEALTH Act (C.A.) No. 613, Section 29(a) (12), as amended, provides:

Section 29 (a). The following classes of aliens shall be excluded from entry into the Philippines:

x          x          x

(12)      Children under fifteen years of age, unaccompanied by or not coming to a parent, except that such children shall be admitted in the discretion of the Commissioner of Immigration, if otherwise admissible; (Italics provided)

 C.A. No. 613, Section 29 (a)(12) expressly authorizes the commissioner of Immigration to waive the exclusion of children, who are unaccompanied by or not coming to a parent. For this purpose, the following procedures are adopted:

1. The minor’s guardian or representative shall pay a P3120.00 waiver fee to an authorized cashier. Payment shall be made in Philippine   currency. Meantime, the minor shall be escorted by  an immigration officer;

2. The official receipt for the waiver fee, passport, a copy of the airline ticket and arrival card of the minor shall be prepared by Immigration Terminal Heads and submitted to the Airport Operations Division (AOD) Chief. Upon compliance, the minor shall be released by the escort.

3. The AOD Chief shall submit his recommendation to the Office of the Commissioner/Officer-In-Charge; and

4. Upon approval, the AOD Chief shall return all the documents to the respective terminal heads. He shall note the minor’s departure, arrange for the return of documents under item (2) and ensure that the minor’s passport indicates all essential immigration admission data.

These shall also be standard procedures for all Immigration Terminal Heads in Philippine ports of entry for alien passengers. To ease transmission of data, electronic facsimiles shall be received, provided, Immigration Terminal Heads certify that the copies are authentic. The approval of the Commissioner may be conveyed in the same manner.

The Chiefs of the Immigration Regulation Division, the Airport Operations Division and the Cash Section shall ensure compliance with this Memorandum Order.

17.9.10         

                                                            (Sgd) RONALDO P. LEDESMA

                                                                         Officer-In-Charge    
 
MEMORANDUM ORDER NO. RPL-10-010

MEMORANDUM ORDER NO. RPL-10-010

PROCEDURES FOR THE ISSUANCE OF VISA and VISA UPON ARRIVAL TO FOREIGN TOUR GROUPS OR INDIVIDUALS FROM THE PEOPLE’S REPUBLIC OF CHINA COMING FROM MACAO INTERNATIONAL 

AIRPORT TO LAOAG INTERNATIONAL AIRPORT

 

 

          In order to facilitate the expeditious entry of PROC nationals in tour groups or individuals coming from Macao International Airport to Laoag International Airport, we hereby restate the provisions of the Memorandum of Agreement (MOA) on the Accreditation of Philippine Tour Operators Handing Tour Groups from the People’s Republic of China (PROC) dated June 16, 2000 among the Department of Tourism (DOT), Department of Foreign Affairs (DFA), and the Bureau of Immigration (BI) on the issuance of visa and visa upon arrival, to wit:

         1.      The above-mentioned MOA covers the procedures for the accreditation of Philippine tour operators handling tour groups form the PROC, as well as the issuance of visa and visa-upon-arrival(VUA) to tour groups or individuals handled by tour group operators from the PROC as enshrined in the herein attached Primer;

         2.      The BI shall:

                a.       Issue a 9a-VUA visa for PROC tour group members or PROC individual traveler handled by an accredited tour operator for a maximum stay of fourteen (14) days;

 

                b.      Require Philippine tour operator and /or travel agency to submit to the Process Officer of Visa-Upon-Arrival the documentary requirements according to existing BI rules and regulations, including Affidavit of Undertaking and Official Receipts, within 48 hours prior to the check-in in the port of departure of the tour group members or individuals.

 

An Affidavit of Undertaking is a sworn statement of a responsible officer of a DOT-accredited Philippine tour operator or travel agency to be submitted to BI. It must state that the tour operator or travel agency (to/ta) shall assume liability for administrative fines and such other sanctions as may be imposed including expenses that may be incurred in the repatriation of any member of the tour group or individual who fails to leave the country as scheduled.

 

DFA and DOT shall blacklist erring PROC-accredited tos/tas, and Philippine tos/tas, respectively.

 

DOT shall immediately provide BI and DFA with the names of tos and tas that have been stripped of its accreditation;

 

c.       Inform the DOT and the DFA of any exclusion or deportation of any PROC tour group or individual who fail to comply with entry requirements or the terms and conditions of stay in the Philippines; and

d.      Inform the DOT and the DFA within forty-eight (48) hours should any PROC tour group member or PROC individual traveler disappear or be absent from the tour group’s itinerary or otherwise fail to leave the Philippines with the group.

 

e.       Cause the exclusion or deportation of any individual or group of persons belongings to the tour group who fails to comply with entry requirements or the terms and conditions of their stay in the Philippines without prejudice to the prosecution of the concerned Philippine tour operator under the provisions of pertinent immigration laws, rules and regulations;

 

3.      Issuance of visa-upon-arrival:

a.       Foreign nationals who are holders of valid passport and who are temporary visitors may apply for Visa-Upon-Arrival (9A-VUA) for a stay of fourteen (14) days at Laoag international airports in the Philippines provided that:

·         They are members of tour groups organized by an accredited tour operator;

·         They are holders of a valid passport/travel document and round trip ticket;

·         They are not in the BI’s Blacklist nor are they excludable under the Philippine Immigration Act of 1940;

·         Temporary Visitors who enter the Philippines shall arrive and depart from the Philippines together with the same tour group they arrived with;

·         The foreign tour group member or individual shall pay the visa fee at BI Immigration counters upon arrival at all international airports in the Philippines;

b.      Two (2) days before arrival of the foreign tour group members, the Philippine tour operator shall report to the DOT and the Chief, Immigration Regulation Division-BI, the names and dates of birth of each tour group member;

c.       Upon arrival in the Philippines, the accredited tour operator shall submit an application for visa-upon-arrival pursuant to existing rules and regulations of the BI;

d.      The PROC tour group member or individual traveler pays the visa fee upon arrival at the airport Immigration counter as follows;

 

                                   3-19 pax: US $ 25/member

                                           Plus PhP 10.00 Legal Research Fee

                                   20 pax and above: US $ 15/member

                                           Plus PhP 10.00 Legal Research Fee

 

e.       The Philippine tour operator shall inform, within forty-eight (48) hours, the Chief, IRD-BI and copy furnished the Undersecretary of Tourism Services and Regional Offices of the DOT, and the Visa Division of the DFA should any member disappear or be absent from the tour group’s itinerary or otherwise fail to leave the Philippines with the group.

4.      No tour operator shall be allowed to bring into the Philippines nationals from foreign countries unless such tour operator is duly accredited by the government agencies specified in the MOA;

 

5.      Monitoring: BI, DOT and DFA shall ensure that the requirements, terms, and conditions set forth in the grant of DOT accreditation to a Philippine tour operator and the issuance of visa and visa-upon-arrival to PROC tour groups or individuals under the above-mentioned Primer are duly complied with by the concerned Philippine tour operator and/or travel agency; and

 

 

6.      Requests for visa-upon-arrival shall be approved by the undersigned or the Chief, Immigration Regulation Division.

So ordered.

SEP 17 2010

               

                                                                                                   (Sgd)HON. ROLANDO P. LEDESMA

                                                                                                               Officer-in-Charge
 
OFFICE MEMORANDUM ORDER NO. RPL-10-014

OFFICE MEMORANDUM ORDER NO. RPL-10-014

DISCONTINUANCE OF 13 (E) ADMISSIONS BY IMMIGRATION OFFICERS

1.      This supplements Immigration Regulation Instruction No. 37 (1988).

2.      Commonwealth  Act (CA) No. 613, Section 13 (e), as amended, provides:

 

Section  13. Under the conditions set forth in this Act, there maybe admitted in the Philippines immigrants termed as “quota immigrants” not exceeding fifty (50) of anyone nationality for any one calendar year, except that the following immigrants, termed as “nonquota immigrants,” may be admitted without  regard to numerical conditions.

x          x          x 

            (e) A person previously admitted into the Philippines for permanent residence, who is returning from a temporary visit abroad to an unrelinquished residence in the Philippines; 

3.      Immigration Officers are not authorized to grant CA No. 613, Section 13(e) admissions. An alien previously granted permanent residence arriving without re-entry permit/ACR-I-Card, expired re-entry permit/ACR-I-Card or stayed out of the Philippines for more than five (5) years shall be admitted as temporary visitor   under CA No. 613, Section (9a) irrespective of nationality or visa entry requirement. Said alien must apply for change of admission status from 9 (a) to 13(e) in order to regain permanent residence.

4.     When the passport of an alien previously admitted for permanent residence has been erroneously stamped with 13 (e) admission despite the alien having no re-entry permit/ACR-I-Card, an expired  re-entry permit/ACR-I-Card or stayed out of the Philippines for more than five  (5) years, the immigration regulation division shall correct the admission to 9 (a). This is without prejudice to the imposition of administrative sanctions to the erring immigration officer.

 

The Chiefs of the Immigration Regulation Division, Airport Operations Division, Administrative Division, Computer Section and VIMS shall ensure compliance of this Memorandum.

NOV 18 2010

 

                                                                                                                                                                                                                                                                     (Sgd)RONALDO P. LEDESMA

                                                                                               Officer-in-Charge

 

 
 
MEMORANDUM ORDER No. MCL-07-007

MEMORANDUM ORDER No. MCL-07-007

 

TO                   :           ALL CONCERNED BI-NAIA PERSONNEL

Thru                 :           CLODUALDO C. PEŇERA

                                     Head, MCMG-NAIA

 

From                :           THE COMMISSIONER

 

Subject             :           ADOPTION AND IMPLEMENTATION OF “NO TOUCH,

                                    NO CONTACT” AND “TATTOO IS AN ART” POLICIES

 

Date                 :           June 25, 2007

 

 

In order to eliminate possible complaints of harassment from passengers at the Ninoy Aquino International Airport (NAIA) Terminals I and II, the following are hereby ordered and all airport-based officials are enjoined to observe:

a)      “NO TOUCH, NO CONTACT” POLICY. – Unless special circumstances demand otherwise, there shall be no physical and/or bodily contact with any passenger. Searching hand- carried luggage is likewise prohibited it being a domain of the security officials and the customs authorities.

b)      “TATTOO IS AN ART” POLICY.  –  Unless coupled with other indicia of waywardness or derogatory information from validated sources, mere tattoo on the body unless it is either morally offensive, indecent and vulgar, or politically and racially insidious depiction, shall be treated with artistic value; hence, no passenger suspected of having tattoo shall be made to show, display, or exhibit the same unless volunteered by said passenger.

Apropos, the conduct of monitoring, examination and/or inspection of departing and arriving passengers shall be limited only to their travel papers and documents.

            Violation hereof shall be dealt with accordingly.

The MCMG-NAIA is hereby directed to strictly monitor the implementation of this Order and shall be included in its regular monitoring report to the Commissioner.

            For strict compliance.

 

                                                                                                                              (Sgd)MARCELINO C. LIBANAN

                                                                                                                                           Commissioner
 
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