Traveling to other countries requires several documents, such as a valid passport, visa, and other travel documents. However, individuals may face deportation, which can be an alarming and confusing experience. Even if you are a foreign resident in the Philippines, you may still be deported. Therefore, it is important to understand your rights and be aware of the immigration laws and regulations regarding deportation.
What is Deportation?
The Immigration Memorandum Circular No. SBM-2015-010, also known as the Bureau of Immigration Omnibus Rules of Procedure of 2015, defines deportation as 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 country is found to be dangerous to the national interest, public health, public safety, and public interest.
What are the Legal Grounds for Deportation in the Philippines?
In accordance with Rule 9 Section 1 of the Immigration Memorandum Circular No. SBM-2015-010, a foreign national may be summarily deported because of the following grounds:
- Overstaying found by virtue of a complaint or Mission Order;
- Undocumented individuals who do not have a valid passport or travel document or with a canceled or expired passport;
- A fugitive from justice;
- Has fully served the sentence in a crime which carries with it the penalty of deportation after service of sentence; and
- Has fully served the sentence for the crimes mentioned in Section 37(a)(3) and 37(a)(10) of the Philippine Immigration Act of 1940.
Section 37(a)(3) refers to an individual who is convicted in the Philippines and sentenced for a term of one (1) year or more for a crime involving moral turpitude and sentenced more than once while Section 37(a)(10) pertains to an individual who has been convicted due to violating the provisions of the Philippine Commonwealth Act No. 653 or the Philippine Alien Registration Act of 1941.
Furthermore, any individual shall not be deported without being informed of the specific grounds for deportation nor without being given a hearing under the rules of procedure to be prescribed by the Commissioner of Immigration.
What Should I Do If I Am Getting Deported from the Philippines?
If an individual facing deportation believes the decision is incorrect, they can file a motion for reconsideration with the Bureau of Immigration (BI).
In some cases, individuals may request voluntary departure, allowing them to leave the country at their own expense without the stigma of a formal deportation order. Additionally, foreign individuals married to Filipino citizens may present waivers and humanitarian defenses, specifically if their deportation would cause significant difficulty for their family.
How to File a Complaint to Deport a Foreigner in the Philippines?
To deport a foreign national, the complainant must follow these procedures:
- Filing of a Complaint. A formal complaint shall be filed with the Bureau of Immigration (BI) by private individuals, government agencies, or law enforcement officers.
- Investigation. The BI conducts an investigation to verify the allegations. The foreigner involved has the right to respond to the complaint and present their case.
- Review of Evidence. The Board of Commissioners of the BI reviews the deportation case and the evidence presented by both parties.
- Decision and Order. After reviewing the case and evidence, the Boards of Commissioners will issue a decision. If sufficient grounds for deportation are found, an order will be issued for the departure of the foreigner. Otherwise, the foreigner is allowed to enter and stay in the country.
- Detention. In some cases, if the foreigner is considered a flight risk or a threat to public safety, they may be detained by immigration authorities.
- Execution of Deportation. Once the deportation order is finalized, the BI coordinates the foreign national’s departure, usually at their own expense.
Where to File a Complaint Against a Foreigner in the Philippines?
All complaints shall be filed with the Office of the Commissioner (OCOM), through the Central Receiving Unit (CRU). Complaints filed by private individuals must be under oath and verified if filed through a legal representative or counsel.
More importantly, the complaint shall include:
- Full name and postal address of the complainant;
- Name of the respondent foreigner, known alias/es (if any), and their known address; and
- A concise statement of the ultimate facts constituting the deportation offense alleged to have been committed.
Complaints initiated internally through a generated report or referral from a government office do not need verification but must include all required information.
Is Anonymous Complaint Against a Foreigner Allowed?
According to Rule 2 of Section 6 of the Immigration Memorandum Circular No. SBM-2015-010, anonymous complaints without the complainant’s identity or address will generally not be accepted or acted upon. However, if the complainant is substantiated with clear merit and supported by documentary or direct evidence, it may still be considered.
Can a Foreigner Under Arrest in Deportation Be Bailed?
A foreign national under arrest in deportation proceedings may be released under a cash bond or government-issued security/guarantee and under other conditions imposed by the Commissioner as stated in Section 1 of Rule 7 of the Immigration Memorandum Circular No. SBM-2015-010.
How to File a Petition for Bail for Deportation?
At any time after the arrest, but before the finality of the deportation order, a foreigner may file a verified Petition for Release on Bail before the Commissioner with supporting evidence, as stated in Section 2 of Rule 7 of the abovementioned law.
The Petition shall include an undertaking that the respondent:
- Is ready, willing, and able to post the required cash bond to be imposed;
- Shall present themselves with or without counsel in any hearing or proceeding before the BI;
- Shall keep the Commissioner duly informed in writing of their residence in the Philippines and of their other whereabouts on a periodic basis as the Commissioner finds necessary;
- Shall not leave the Philippines without securing an Allow Departure Order from the Commissioner;
- Shall allow authorized BI personnel to conduct periodic visits to their residence in the country; and
- Shall secure a one-way ticket from Manila to their country of citizenship/origin which shall be used in the event of their deportation.
The Legal Division shall be given five (5) days within which to submit its Recommendation thereto. The Commissioner shall resolve the petition within ten (10) days from receipt of the Legal Division’s Recommendation or upon the lapse of the said period to submit said Recommendation.
What are the Factors in Granting or Denying a Bail for Deportation?
According to Rule 7 of Section 3 of the Immigration Memorandum Circular No. SBM-2015-010, the Commissioner may consider the following factors in resolving the Petition for Bail:
- Nature of the deportation charge;
- Immigration status of the foreigner;
- Physical condition and age of the foreigner;
- Humanitarian considerations; and
- Such other circumstances that will guide the Commissioner in determining whether or not the foreigner is a flight risk and/or a threat to public interest.
Can a Foreigner Voluntarily Leave the Philippines Instead of Going Through Deportation Proceedings?
Voluntary deportation is allowed if the foreign national does not oppose their deportation charges and waives their right to appeal the deportation order, as stated in Rule 8 of the abovementioned law. A notarized request for voluntary deportation is also granted provided that there is no pending criminal investigation against them. Therefore, any individuals requesting a voluntary deportation to evade their criminal prosecution shall be charged, detained, and deported.
Can a Deported Foreigner Re-enter the Philippines?
If a foreign national has been ordered to be permanently deported, their name will be included on the Bureau of Immigration (BI)’s blacklist system. A Blacklist Order (BLO) prohibits the listed individuals from re-entering the country indefinitely. However, they will be allowed to re-entry into the Philippines once they have lifted the Order, which requires a legal process.
In other cases, deported individuals may apply for permission to return after the given period. However, this process still involves clearing their name and submitting a request to lift any restrictions.
It is advisable to consult with a lawyer to be guided on the complexities and intricacies of the legal process. They can represent you and advocate your rights and interests, increasing the chances of a successful outcome in lifting the Order or resolving any restrictions against you.
Need further information and assistance regarding Deportation in the Philippines? Talk to our team at Duran & Duran-Schulze Law in Bonifacio Global City, Taguig, Philippines to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information
