OPERATIONS ORDER NO. SBM-2015-010
PROCESSING OF REQUESTS FOR REMOVAL OF INDIGENT ALIENS
WHEREAS, Section 43, C.A. No. 613 or the Philippine Immigration Act of 1940, as amended authorizes the Commissioner to remove such aliens, at any time after entry, as fall into distress or need public aid from causes arising subsequent to their entry and are desirous of being so removed;
WHEREAS, there is a need to improve the process of removal, taking in relation to immigration control, regulatory, and national security purpose, all in pursuit of the mandate of the Bureau as a law enforcement agency;
NOW THEREFORE, pursuant to rule-making power of the Commissioner of Immigration under Section 3, C.A. No. 613 and Section 29 and 36, Chapter 6, Book IV, Title III, E.O. No. 292 or the Revised Administrative Code of 1987, this Memorandum Circular is hereby issued:
Section 1. Short Title. – The title of this Operations Order shall be “Processing of Request for Removal of Indigent Aliens.”
Section 2. Documentary Requirements. – All aliens desiring to be removed under Section 43, C.A. No.613 shall bring/submit the following in applying for removal as an indigent:
1. Letter, certificate or endorsement from the alien’s embassy/consulate of the fact of falling into financial distress while in the Philippines;
2. For aliens who are of age and in possession of full civil capacity, an affidavit stating their admission/latest authorized stay, circumstances of falling into distress and that they have not committed any other immigration violation other than overstaying (Attached as Annex “A” is an appropriate BI Form, which may be subscribe before authorized Legal Division Attorneys or any other person authorized to administer oaths);
3. Copy of the valid passport to travel document;
4. Proof of lawful admission into country and/or latest authorized stay; and
5. National Bureau of Investigation (NBI) clearance.
Section 3. Exception from Documentary Requirements. – The following documentary requirements may be dispensed:
a. The letter, certificate of endorsement from the embassy/consulate under the following circumstances:
- Where there is no embassy/consulate in the Philippines;
- The embassy/consulate does not as a matter of practice issue such documents, in which case it can be issued by: (1) the alien’s local chamber of commerce, (2) association, (3) the Department of Social Welfare and Development or (4) Barangay authority where the alien resides;
- Upon the discretion of the Commissioner in emergency cases such as a life-threatening medical reason.
b. The NBI clearance for minors below 15 years of age.
Section 4. Duty of the Legal Division. – It shall be the duty of the Legal Division (LD) to process request for removal. Requests with complete documentary requirements shall be processed for approval of the Commissioner/authorized signatory while those with incomplete documentary requirements shall be processed for denial. However, where the lacking requirement is only the NBI clearance, the LD shall not recommend denial but shall forthwith secure the same directly with the NBI through an official request.
In the preparation for approval of the removal order, the LD shall ensure the assessed fees as determined by the Visa Extension Section are indicated, together with the Immigration Arrears Release Certificate (IARC) fee and fee to be receipted to the trust fund in case of application for readmission.
Notwithstanding the foregoing however, the LD shall ensure that the presence of other immigration violation/s other than overstaying disqualifies the alien for removal under Section. 43, C.A. No. 613, and shall be prosecuted for deportation immediately, except when the alien is a minor.
Section 5. Duty of the Visa Extension Section. – The visa Extension Section (VES) shall, upon request of the LD, prepare an assessment of fees otherwise collectible reckoned from lawful admission or latest authorized stay of the alien requesting for removal.
Section 6. Duty of the Intelligence Division. – The Intelligence Division (ID) shall conduct biometric capturing on all aliens subject of removal after the removal order has been signed by the Commissioner/authorized signatory. The ID shall ensure the captured biometric data shall be shared with the Management Information Systems Division. Exempted from the biometric capturing are minors below 7 years
old and those excepted by the Commissioner upon recommendation by the ID for life-threatening medical reason as verified by the Medical Section.
Section 7. Duty of the Medical Section. – The Medical Section shall certify the fact of life-threatening medical reason as provided in the preceding section either through personal examination or through examination of a reputable medical institution, which shall be attached to its certification.
Section 8. Duty of the Management Information Systems Division. – The Management Information System Division (MISD) shall ensure accurate encoding of the name, birth date and other available details of the alien subject of removal and when available, the captured biometric data in the Blacklist. The MISD shall likewise encode the fact that the alien has undergone biometric capturing or has been exempted by the Commissioner.
Section 9. Duty of the Airport Operations Division/Bay Service Section. – The Airport Operations Division/Bay Service Section shall process the departure of the alien subject of removal order upon confirmation of the consequent Blacklist in the BI derogatory system and the fact that the alien has undergone biometric capturing or has been exempted by the Commissioner.
Section 10. Template. – Attached as Annexes “B” and “C” are the template of the removal order and the order denying a request for removal, which forms an integral part of this Operations Order.
Section 11. Timelines. – The following timelines shall be strictly observed:
LD and VES shall act on the request/endorsement within 1 working day. For example, the LD shall prepare the request for computation of fees by the VES within 1 working day; while the VES shall likewise have 1 working day to submit such fee computation; the LD will then have another working day to prepare the removal order.
The MISD shall immediately encode the required data in the system upon issuance of the removal order or receipt of the biometric data or exemption granted by the Commissioner as provided in Section 7.
The ID shall immediately conduct diametric capturing upon presentation by the alien after issuance of the removal order. For request for exemption from biometric capturing, the ID shall immediately refer the same to the Medical endorse and prepare the recommendation within 1 working day from receipt of the certification of the Medical Section.
The Medical Section shall certify as to the existence of a life- threatening illness within 1 working day.
Section 12. Repealing Clause. – All rules, regulations and issuance inconsistent herewith are hereby, amended or modified accordingly.
Section 13. Effectivity. – This Memorandum Circular shall take effect immediately.
17 April 2015
SIEGFRED B. MISON