In the Philippines, a Blacklist Order (BLO) is a serious legal consequence for foreign nationals who violate laws or engage in activities that threaten national security and public safety. Understanding the grounds for blacklisting, requirements, and legal remedies for lifting a BLO is crucial for effectively navigating and complying with immigration law.
What is a Blacklist Order (BLO)?
A Blacklist Order (BLO) prohibits a foreign national from entering the Philippines for various reasons. The Bureau of Immigration (BI) issues BLO against foreign nationals who are deemed a risk or threat to the public safety. Additionally, individuals who violate Philippine laws are automatically reported in the BI’s blacklist system.
Foreign nationals who have criminal records or are wanted in their home countries may also be blacklisted. If a blacklisted individual is already in the Philippines and unaware of the order, they will be barred from entering the country upon his/her arrival and will be deported.
What are the Reasons for Being Blacklisted by Philippine Immigration?
Based on the Philippine Immigration Act of 1940 or the Commonwealth Act No. 613, a foreign national can be blacklisted by the Bureau of Immigration (BI) and deported from the Philippines due to various reasons, including:
- Violators of Philippine laws
- Criminally convicted
- Sex Offender
- Undocumented individual
- Supporters of subversive acts
What are the Requirements for Lifting a Blacklist Order (BLO)?
To lift a Blacklist Order (BLO), the following documents are required to be submitted:
- Formal Petition Letter outlining the individual’s request to lift the blacklist;
- Affidavit of Explanation addressing the reason for being blacklisted and justification for removal;
- Copy of Deportation Order, if applicable;
- Police Clearance from the foreign national’s home country and the Philippines;
- Visa Compliance Documents, if blacklisted due to visa-related issues;
- Affidavit of No Pending Case;
- Clearance from Other Government Agencies, depending on the nature of the blacklisting; and
- Proof of Settlement of Obligations, if blacklisting was due to any financial obligations.
How to Lift a Blacklist Order (BLO) from Philippine Immigration?
To lift a blacklist order (BLO) in the Philippines, the individual must follow these procedures:
- Seek Legal Assistance. Lifting a blacklist can be complex and challenging, seeking legal assistance from a lawyer is crucial since they can help you draft and submit the required documents, represent you and your interest, and ensure a successful outcome in lifting the order.
- Identify the Reason. Identifying the specific reason for the blacklisting is important since the process and requirements for lifting the order may vary depending on it. To determine if you can lift a Philippine Immigration Blacklist Order, you can either inquire directly at the Bureau of Immigration (BI) or consult with a lawyer.
- File a Petition. You must file a petition for blacklist removal to the Commissioner of immigration. In the petition, you must include the reason for being listed and justification for removal.
- Submission of Documents. Other than the petition for removal, you shall also submit supporting documents that may prove your legal entry in the country.
- Payment of Fees. After submitting the necessary documents, you will be required to pay the required administrative fees.
- Settlement of Fines or Penalties. You will be required to pay your fines or penalties, particularly if the blacklisting was due to visa violations. In this regard, the BI will inform you if any fines or penalties are needed to be paid as part of the resolution process.
- Review and Decision. Once the necessary documents have been submitted and the penalties have been settled, the BI will review the provided documents and make a decision. This process will depend on the complexity of the case.
- Approval by the BI. If the BI grants the petition, you can re-enter the country. While if denied, you can file a motion for reconsideration. It is crucial to secure a copy of the issuance from the BI and other relevant documents as proof of your legal status when dealing with immigration authorities.
How Much Does Lifting a Blacklist Order (BLO) Cost in the Philippines?
Under Immigration Memorandum Circular No. SBM-2015-010, lifting a blacklist order (BLO) in the Philippines costs:
Type of Fee | Cost |
Filing Fee | PHP 2,000.00 |
Implementation Fee | PHP 2,000.00 |
Service Fee | PHP 1,000.00 |
Legal Research Fee | PHP 20.00 |
What Happens If I Failed to Lift My Blacklist Order (BLO)?
If you fail to lift a Blacklist Order (BLO), you will be permanently barred from re-entering the Philippines. Even applying for a new visa or attempting to enter the country will be automatically denied.
Thus, seeking legal assistance is highly recommended. A lawyer specializing in immigration law can provide expert guidance, help prepare necessary documentation, represent you in legal proceedings, and advocate for your rights. This significantly increases the chances of a successful outcome in lifting the blacklist order.
What are the Other Enforcement Derogatory Records in Ports of Exit?
Aside from the Blacklist Order (BLO), the following are other enforcement derogatory records in port of exit, pursuant to Section 3 of Commonwealth Act No. 613:
- Alert List Order (ALO) is issued against individuals with a warrant of arrest, who shall then be turned-over to the Philippine National Police (PNP) or National Bureau of Investigation (NBI).
- Watchlist Order (WLO) is issued by the Bureau of Immigration (BI), in which any person whose name is in the list shall be denied departure. It serves as a temporary measure to monitor an individual who is under preliminary criminal investigation, has pending criminal charges, or is involved in activities that are required to be monitored by the authorities. If the case progresses to the court, the WLO will be issued as an HDO by the Regional Trial Court.
- Hold Departure Order (HDO) prevents individuals from leaving the country when sufficient evidence suggests they may attempt to leave the country before charges are filed.
If you find your name on the Bureau of Immigration’s derogatory records list, it is strongly recommended that you seek legal counsel. A lawyer can provide guidance on this matter, be your legal representative, and protect your rights as you navigate the process of lifting the enforcement of these records.
Need further information and assistance regarding Lifting a Blacklist Order (BLO) from Philippine Immigration? 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.