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