In the Philippines, a foreign national can be declared as undesirable and face deportation for various reasons. Undesirable aliens include foreigners who are likely to become dependent on government for subsistence due to his or her lack of capacity to support his or her stay in the country and will become a burden to the country, or if his or her presence in the country is found to be injurious to national interest, a threat to public health and safety, a suspected terrorist, a convicted sex offender and for other grounds as provided for by relevant laws. Those who are already in the country but who violated immigration laws of the Philippines (like participating in activities deemed political in the case of Sister Patricia Fox, an Australian nun who has lived in the Philippines for almost 30 years) will have their visa revoked (for some, downgraded, pending investigation or appeal) and face deportation after proper proceedings. Undesirable aliens are continually barred from entering the Philippine territory as intercepted at the country’s various points of entry to get rid of them from the Philippines and prevent the country from being a  haven for fugitives. Some foreign passengers are also barred from entry for having no entry visas and those who failed to procure outbound tickets which is a basic requirement for foreign nationals or tourists.

Important Notes on Bureau of Immigration’s (BI) Deportation Proceedings:

1. When deportation (like the fugitives from their country of origin) was not yet arranged by the embassy of the foreign national, a foreign national may write the Bureau of Immigration a notarized request for Voluntary Deportation.

Caveat: Voluntary deportation is not applicable for those with pending criminal investigation or case under Philippines law. Voluntary deportation is not allowed as a means of evading criminal prosecution.

2. Summary deportation proceedings shall apply when the foreigner is:

(a) overstaying found by virtue of a complaint or Mission Order;

(b) undocumented;

(c) a fugitive from justice;

(d) has fully served the sentence in a crime which carries with it the penalty of deportation after service of sentence; and

(e) has fully served the sentence for the crimes mentioned   in Section   37(a)(3) and 37(a)(10) of the Philippine Immigration Act, as amended.

3. Deportation and Implementation Unit (DIU) arranges the deportation.

4. The alien’s embassy has a great role in the alien’s expedited deportation.

5. There is a schedule for the processing of deportation order subject to submission of several requirements as may be required by the bureau like NBI clearance, etc.

Bureaus and Agencies involved in the arrest of an alien in coordination with alien’s embassy:

1. BI’s Deportation and Implementation Unit (DIU);

2. BI’s Fugitive Search Unit (FSU);

3. BI’s Intelligence Division or Intelligence Operating Unit;

4. National Bureau of Investigation; and/or

5. Other related enforcement agencies.

The Bureau of Immigration’s Decision can be appealed via Petition for Review at the Department of Justice. The appeal may stay the execution of the bureau’s order or decision but the same alien making an appeal may be subjected to another charge for not obeying any deportation order although under the Bureau of Immigration’s Omnibus rules, such order will only become final and executory if no appeal has been filed before the DOJ. Reglementary period may be tight as the BI has ten (10) days to submit its comment to the Appeal while the Petitioner would be given five (5) days to reply upon receipt of the copy of the comment.

After deportation, an alien may re-enter the country if he or she is not under any blacklist order. There are time frames corresponding to the immigration violation which are required to lapse prior to giving due course to the petition to lift entries included in the blacklist. An alien is usually banned either for one (1) year, two (2) years, or five (5) years, as the case may be, for his or her name to be removed from the blacklist. Since there was a forfeiture of visa, the foreign national has to apply again for another.

Sources:

Immigration Memorandum Circular No. SBM No. 2015-010, November 3, 2015.

Immigration Administrative Circular No. SBM-2014-001.

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