In the Philippines, a foreign national may be blacklisted by the Bureau of Immigration (BI) for several reasons, including being listed on a sex offender registry in their home country. A blacklist order prohibits a foreign national who is considered a threat to public safety. Additionally, individuals with criminal records or those considered fugitives in their home countries are also issued with a blacklist order.
What is a Sex Offender?
A sex offender is a person who committed a sex offense. It is considered a serious crime and includes acts such as rape, possession and distribution of child pornography, sexual assault, sex trafficking, and indecent exposure. Therefore, foreign nationals who have committed these criminal acts are prohibited from entering the Philippines and will be deported.
How to Know if I am Listed on a Sex Offender Registry?
If you are an American citizen or USA resident, the U.S. Department of Justice (DOJ) introduced the Dru Sjodin National Sex Offender Public Website (NSOPW), which provides a list and information about registered sex offenders in all fifty states, the District of Columbia, five U.S. territories, and federally recognized Native American tribes. Through this website, individuals can search freely by name or location, depending on the information provided by the jurisdiction. However, some states have their own public websites where registered sex offenders are listed.
Other countries may have their own registry of sex offenders. The Philippine Bureau of Immigration has access to these registries which enables the Bureau of Immigration officer at the port to deny entry to certain foreigners with sex related offenses.
Moreover, the duration of a sex offender’s registration period depends on their classification under state law. The accuracy of the information on this website cannot be guaranteed, as updates depend on police reporting. For specific concerns, it is advisable to contact your local law enforcement or seek legal counsel.
How to Know if I am Listed on a Blacklist Order Due to a Pending Case?
Being blacklisted has implications for traveling and other government transactions. To know if blacklisted in the Philippines, the individual must follow these procedures:
- Inquire the Case’s Status. Send a duly authorized representative to visit or contact the Bureau of Immigration (BI) office to inquire if you have a derogatory record.
- Consult with a Lawyer. Consult with a lawyer who specializes in immigration law to help you navigate the legal aspects of your case and to assist you in lifting your blacklist order.
Is Sex Offender Qualified for Lifting a Blacklist Order?
Pursuant to the Memorandum (LML-M-4F15-693), sex offenders are a threat to public safety. Additionally, Item (G) of Immigration Administrative Circular No. SBM-2014-001 states that:
“G. Not qualified for lifting
Foreign nationals who were excluded/deported under the following grounds shall not be qualified for lifting of entries from the blacklist unless otherwise ordered by the Secretary of Justice for lifting:
- Involvement in subversive activities;
- Conviction for a crime involving prohibited drugs; and
- Registered sex offender.”
How to File a Petition to Lift the Order of Blacklist in the Philippines?
While a foreigner tagged as a sex offender may generally not benefit from blacklist lifting, in certain exceptional cases, this may be lifted as explained below. To lift a blacklist order against a sex offender, the petitioner must follow these procedures:
- Consult with a Lawyer. It is advisable to consult with a lawyer who specializes in immigration law. They can give legal advice and assist you on how to file a petition for lifting the blacklist order.
- Request for an endorsement from the Department of Justice. Prior to requesting for the lifting of the blacklist based on a sex offense, the foreigner must secure an endorsement from the Department of Justice (DOJ). The DOJ will evaluate the basis of the offense and if the penalty imposed has been served. The DOJ endorsement is discretionary. See below for further explanation.
- File a Petition. Filing a request to lift a blacklist order is necessary. The request must be submitted to the Bureau of Immigration (BI).
- Submission of Documents. The petition must be submitted along with the necessary documents, which may prove the petitioner’s good moral character, financial independence, and that the offense will not be repeated in the Philippines. Having ties to a Filipino living in the Philippines will help, for example there is a wife, child, or other family members living in the Philippines that the foreigner would like to visit.
- Pay Fees. The petitioner is required to pay the necessary fee, such as the petition fee, legal fees and additional charges.
- Review by the BI. After submitting the petition and other relevant documents, the BI will review the provided documents and make a decision. The process will depend on the complexity of the case.
- Decision by the BI. If granted, the petitioner can re-enter the country. However, if denied, the petitioner can file an appeal of the decision within the Bureau of Immigration (BI) or take the case to the Department of Justice (DOJ) for further review.
How Does the Bureau of Immigration Evaluate the Blacklist Order Case?
The Bureau of Immigration (BI) will determine if there is an exceptional humanitarian ground that will merit the lifting, taking into consideration the Secretary of Justice (SOJ)’s endorsement. This assessment will take into account:
- Gravity of the offense committed;
- Lapse of considerable period of time of commission;
- Importance of travel into the country;
- Potential threat to public safety; and
- Other relevant circumstances.
Furthermore, if an individual was removed from the sex offender registry, the BI will evaluate whether they no longer pose a threat to public safety.
What are the Other Reasons to be Blacklisted in the Philippines?
According to the Philippine Immigration Act or Commonwealth Act No. 613, other than sex offenders, foreign nationals are prohibited from entering the country if they are identified as:
- Violators of Philippine laws
- Criminally convicted
- Undocumented individual
- Supporters of subversive acts
In addition, a foreign national who is included on the blacklist may apply for lifting at the Bureau of Immigration (BI) office. It is advisable to seek legal counsel from an attorney or a law firm who specializes with immigration law on this matter.
Need further information and assistance regarding Blacklist Order? Talk to our team at Duran & Duran-Schulze Law 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.
