Deportation and blacklist lifting in the Philippines

Under Section 37, Commonwealth Act No. 613, otherwise known as “The Philippine Immigration Act of 1940”, aliens may be deported from the Philippines based on the existence of the following grounds:

  1. Any alien who enters the Philippines after the effective date of this Act by means of false and misleading statements or without inspection and admission by the immigration authorities at a designated port of entry or at any place other than at a designated port of entry;
  2. Any alien who enters the Philippines after the effective date of this Act, who was not lawfully admissible at the time of entry;
  3. Any alien who, after the effective date of this Act, is convicted in the Philippines and sentenced for a term of one year or more for a crime involving moral turpitude committed within five years after his entry to the Philippines, or who, at any time after such entry, is so convicted and sentenced more than once;
  4. Any alien who is convicted and sentenced for a violation of the law governing prohibited drugs;
  5. Any alien who practices prostitution or is an inmate of a house of prostitution or is connected with the management of a house of prostitution, or is a procurer;
  6. Any alien who becomes a public charge within five years after entry from causes not affirmatively shown to have arisen subsequent to entry;
  7. Any alien who remains in the Philippines in violation of any limitation or condition under which he was admitted as a nonimmigrant;
  8. Any alien who believes in, advises, advocates or teaches the overthrow by force and violence of the Government of the Philippines, or of constituted law and authority, or who disbelieves in or is opposed to organized government or who advises, advocates, or teaches the assault or assassination of public officials because of their office, or who advises, advocates, or teaches the unlawful destruction of property, or who is a member of or affiliated with any organization entertaining, advocating or teaching such doctrines, or who in any manner whatsoever lends assistance, financial or otherwise, to the dissemination of such doctrines;
  9. Any alien who commits any of the acts described in sections forty-five and forty-six of this Act, independent of criminal action which may be brought against him: Provided, That in the case of an alien who, for any reason, is convicted and sentenced to suffer both imprisonment and deportation, said alien shall first serve the entire period of his imprisonment before he is actually deported: Provided however, That the imprisonment may be waived by the Commissioner of Immigration with the consent of the Department Head, and upon payment by the alien concerned of such amount as the Commissioner may fix and approved by the Department Head;
  10. Any alien who, at any time within five years after entry, shall have been convicted of violating the provisions of the Philippine Commonwealth Act Numbered Six Hundred and Fifty-Three, otherwise known as the Philippine Alien Registration Act of 1941, or who, at any time after entry, shall have been convicted more than once of violating the provisions of the same Act;
  11. Any alien who engages in profiteering, hoarding, or black-marketing, independent of any criminal action which may be brought against him;
  12. Any alien who is convicted of any offense penalized under Commonwealth Act Numbered Four hundred and seventy-three, otherwise known as the Revised Naturalization Laws of the Philippines, or any law relating to acquisition of Philippine citizenship;
  13. Any alien who defrauds his creditor by absconding or alienating properties to prevent them from being attached or executed.

Such aliens shall be arrested upon the warrant of the Commissioner of Immigration (Commissioner) or of any other officer designated by the Commissioner for the purpose and deported upon the warrant of the Commissioner of Immigration after a determination by the Board of Commissioners of the existence of the ground for deportation.

Deportation is an act by or under the authority of the State of removing a foreigner from Philippine territory. It applies to a foreigner whose presence in the Philippines is found to be injurious to national interest, public health, public safety and public interest. It is further defined as an administrative means in which a foreigner who is sojourning or residing in a foreign country is removed or deported to his own country after being adjudged by competent authority to be in violation of immigration laws or has been declared a clear and present danger to the tranquility of the community where he is. The power to deport a foreigner is an inherent and exclusive authority of the foreign country in which he is in. (IMC No. SBM-2015-010)

No alien shall be deported without being informed of the specific grounds for deportation nor without being given a hearing under rules of procedure to be prescribed by the Commissioner of Immigration.

The order of the Deportation Board to hold the appellant in custody pending determination of the deportation proceedings instituted against him is legal. Temporary detention is a necessary step in the process of exclusion or expulsion of an undesirable alien and pending arrangements for his deportation, the Government has the right to hold him under confinement for a reasonable length of time. The Deportation Board has been legally constituted by the President of the Republic and vested with the power to issue warrants of arrest to apprehend undesirable aliens, and after investigation conducted in the manner prescribed in section 69 of the Revised Administrative Code, to recommend their deportation if found undesirable.

Under Section 4, Rule 2 of IMC No. SBM-2015-010, an action for deportation may be commenced against any foreigner. A Verified Complaint in the name of a private citizen of the Republic of the Philippines against any foreigner shall be filed with the Office of the Commissioner (OCOM), through the Central Receiving Unit (CRU) , in two (2) copies plus such number of copies as there are respondents. Then, the CRU shall docket the complaint and assign the corresponding docket number.

Upon referral of the complaint, the Legal Division through the Special Prosecutor shall conduct a preliminary investigation not exceeding sixty (60) days from referral. The preliminary investigation shall be conducted as follows:

  • If a complaint is patently without merit, the Special Prosecutor shall recommend its dismissal (within 10 days from referral). Such recommendation shall be forwarded to the Chief Legal Division for review and shall forward the same to Commissioner for approval/disapproval.
  • If a complaint deserves due course, the Special Prosecutor shall issue an Order directing the Respondent to submit his Answer in the form of a Counter-Affidavit or Memorandum with supporting documents/papers.
  • The Special Prosecutor shall resolve the complaint and determine if there is sufficient evidence to issue a Charge Sheet.

 

Blacklist Lifting

Aliens prohibited from entering the Philippines and who are issued Black List Orders (BLO), are denied entry into the country and aliens who are not aware that they are on the BLO list may find themselves catching the next flight back home after arriving at a Philippine airport.

According to the Bureau of Immigration, a Black List Order (BLO) forbids a foreigner from entering the Philippines. Foreigners who are seen as risks or burdens to the country are deported if already within the Philippines and blacklisted if they are not. All deported foreigners are automatically blacklisted.

Black listing is discretionary on the part of the Bureau of Immigration.

Aliens who violated Philippine laws and who are thereafter deported are automatically reported in the BI system for inclusion in the BLO manifest. On the other hand, aliens who have criminal records or those who are fugitives from their mother countries are usually reported by the foreign countries’ embassies based in the Philippines. Once said foreign embassies report the information to the BI, BLOs are issued.

If you find yourself on the BLO list, the only remedy is to write to the Commissioner of BI requesting that the BLO order issued against you be lifted. 

Pursuant to the Philippine Immigration Act (Commonwealth Act 613), the country prohibits the admission and entry of foreign nationals who have been identified as:

  • Sex Offenders
  • Violators of Philippine Laws
    • Improperly document
    • Overstaying in the Philippines
    • Untruthful reason for entry to the Philippines
    • Refusal of proper inspection and administration procedures
  • Convicted Criminals 
    • i.e. Illegal Drugs
    • Prostitutes
    • Human traffickers
    • Polygamists
    • Robbers
    • Murderers
    • Arsonist
    • Tax Evaders
    • Crime involving Moral Turpitude
  • Undocumented Aliens
  • Threat to Public Safety
    • Those involved in subversive activities
    • Anarchists
    • Foreigners affiliated with groups supporting to overthrow the government
    • Disrespect symbols of Philippine authority (MO No. ADD-01-005)
    • Acts drunk and disorderly at the port of entry (AC No. SBM-2014-001)

Under Rule 16 and 17 of IMC No. SBM-2015-010, a petition for the lifting of the name from the Blacklist or for the issuance of an Allow Entry Order shall be filed by any person or his duly authorized representative, whose name is in the BI derogatory list pursuant to a primary order from the Commissioner or BOC may file a notarized request for an Allow Entry or Allow Departure Order.

Need further information and assistance regarding the application?  Talk to our Visa team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 478 5826 or send an email to info@duranschulze.com for more information.

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