An Alert List Order (ALO) is issued by the Bureau of Immigration (BI) in the Philippines. BI serves as the chief repository of all immigration records and as a primary enforcement arm of the Department of Justice (DOJ) and the President of the Philippines. It is responsible to ensure that foreign nationals who will study, travel, and reside in the country comply with the Philippine law. It also assists local and international law enforcement agencies in protecting the safety of the country against foreign nationals who may be deemed threats to the public safety, morals, health, and security.
Pursuant to Section 3 of Commonwealth Act No. 613 or also known as the Philippine Immigration Act of 1940, BI Operations Order No. SMN-2014-002 systematically enforces the Bureau of Immigration (BI)’s derogatory records to prevent any individuals from exiting all Philippine international airports. This law specifically addresses the enforcement of Hold Departure Order (HDO), Watch List Order (WLO), Blacklist Order (BLO), and Alert List Order (ALO).
In accordance with BI Operations Order No. SBM-2014-002, an individual whose name is in the Alert List must not be allowed to leave the country. In regard to this, the primary Immigration Officer must prepare an Incident Report detailing the individual’s failed attempt to depart. This report shall be noted by the Immigration Supervisor On-Duty. Additionally, the Incident Report must be submitted to the Office of the Commissioner within twenty-four (24) hours.
How to Know if I am Listed on Alert List Order (ALO)?
According to the BI Operations Order No. SBM-2014-002, the Bureau of Immigration (BI) issues an Alert List Order (ALO) to any individual who is the subject of an arrest warrant issued by a Court. In this regard, the individual shall be turned-over to either the Philippine National Police (PNP) or the National Bureau of Investigation (NBI). In addition, if the individual’s name is in the list due to other reasons than a Warrant of Arrest, their passport must be confiscated and handed over to the Legal Division.
Moreover, there are cases where the ruling does not allow the individuals who are listed in ALO to depart the Philippines. However, it is the Bureau of Immigration (BI) and the Department of Justice (DOJ)’s discretion if they will allow them to leave the country.
Furthermore, the Deputy Commissioner of the Bureau of Immigration has the authority to sign the approval and disapproval of the Alert List Orders even the revised and cancellation in compliance with the Warrant of Arrest, Order of Recall, or Order of Case Dismissal issued by the Sandiganbayan, Regional Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court.
Is there a Specific Crime or Legal Violation to be Issued with Alert List Order (ALO)?
If the individual has a warrant of arrest or pending case, he/she will be issued by the Bureau of Immigration (BI) an Alert List Order (ALO). Therefore, there is no specific crime or legal violation for an individual to be issued with ALO.
Furthermore, the Supreme Court of the Philippines has established guidelines to protect the individual’s rights and to prevent any potential for abuse of authority and violations of human rights, specifically the right to travel. These guidelines include that any travel restrictions imposed must be reasonable, necessary, and proportionate to the government’s objectives. Additionally, individuals have the right to be informed of the reason for their inclusion on the Alert List and to seek a legal representative or a lawyer to prevent any undue infringement on their rights.
How to Lift Alert List Order (ALO)?
Individuals are entitled to lift the Alert List Order (ALO) against them. By lifting the ALO, they will be allowed to immediately depart from the Philippines. The Notarized Letter of Request to Lift with Annexes shall be submitted to the Bureau of Immigration (BI) Main Office with or without a payment of fees, depending on the order issued by the BI. In addition, the Deputy Commissioner of the Bureau of Immigration has the authority to approve or disapprove the lifting of an Alert List Order.
What will Happen if I Want to Extend My Tourist Visa?
On November 16, 2022, the Bureau of Immigration (BI) issued Operations Order No. 2022-004, also known as the Guidelines in the Implementation of Alert List Order No. 2022-001-POGO. The law outlines the systematic procedures and regulations for enforcing Alert List Order (ALO) to the foreign nationals.
Based on the guidelines of this law, a foreign national who is planning to extend their Temporary Visitor (9A) visa, but included in the BI’s Alert List, can only be allowed to extend their stay in the Philippines if their latest arrival in the country was under their 9A visa. In this circumstance, the Tourist Visa Section (TVS) and the assigned Alien Control Officer (ACO) is required to prepare a report to the Legal Division and the BI Commissioner’s Office to consider the lifting of the ALO.
What will Happen if I Want to Downgrade My Visa?
Under the Bureau of Immigration (BI) issued Operations Order No. 2022-004 or the Guidelines in the Implementation of Alert List Order No. 2022-001-POGO, if a foreign national seeks visa extension due to a visa downgrade order, and the previous visa petitioner is associated with revoked POGO licenses, the assigned Alien Control Officer (ACO) and Immigration Regulation Division (IRD) shall allow the visa downgrading and submit a report to the Legal Division and Office of the Commission for lifting of the Alert List. Additionally, a foreign national who intends to downgrade his/her work visa sponsored by the POGOs will be issued with Order to Leave (OTL) and inclusion in the Blacklist.
Furthermore, the Legal Division will only consider the visa downgrade if the applicant did not previously apply for a Special Work Permit (SWP) or Provisional Work Permit (PWP) sponsored by a POGO with a revoked license. Foreign nationals who recently downgraded their work visas will be accepted by the Bureau of Immigration (BI), provided the previous visa petitioner is not among those with cancelled PAGCOR licenses.
Need further information and assistance regarding Alert List Order (ALO) in the Philippines? Talk to our 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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