IMMIGRATION MEMORANDUM CIRCULAR NO.

SBM-2015-010
BI OMNIBUS RULES OF PROCEDURE 2015
Application (Sec.2):All legal proceedings

Deportation

Cancellation of visa

Inclusion/lifting of name/s in the BI derogatory list

Issuance of Allow Entry Order (AEO) or Allow Departure Order (ADO)

Jurisdiction (Sec. 9): Board of Commissioners (BOC)

PROCEDURE IN DEPORTATION:
Rule 2: commencement of deportation proceedings
Sec. 2: Deportation proceedings are administrative in character. Subject to the
requirement of due process, it shall be conducted for the purpose of ascertaining the truth
without necessarily adhering to technical rules of judicial proceeding.
Sec. 3: An action for deportation may be commenced by a verified complaint in the
name of a private citizen or the RP against any foreigner for grounds as provided for by
relevant laws.
Sec. 4: Initiation of Action for Deportation (against any foreigner):
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All complaints shall be filled 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

CRU: dockets the complaint and assign the corresponding docket number
(BI Depo. No. year-Month-Date-Series Number)

All complaints shall be chronologically docketed in the order of the date that
the same are filed and received

Rule 3: Preliminary Investigation

Sec. 1: Purpose to determine whether there is sufficient ground to engender a
well-founded belief that a violation of the immigration law has been committed and the
respondent is probably guilty and should be charged
Sec. 2: Procedure

a) Complaint without merit: Special Prosecutor (SP) (within 10 days

from referral) recommends its dismissal. Such recommendation shall
be forwarded to the Chief, Legal Division for review who shall forward
the same to the Commissioner for approval/disapproval
b) Complaint deserves due course: SP within two (2) days from
assignment, issue an Order directing the Respondent to submit his
Answer in the form of Counter-Affidavit or Memorandum with
supporting documents/papers with ten (10) days from receipt with
proof of service to the Complainant
c) Within ten (10) days from submission of the Answer or when none is
filled, SP shall resolve the complaint and determine if there is
sufficient evidence to issue Charge Sheet (accusation in writing issued
by SP and approved by the Chief, Legal Division charging a foreigner
with violation of immigration laws (Rule 4, Sec.1)).
Rule 5: Mission Order
When there is a well-founded and reasonable determination that the foreigner
has committed, is actually committing, or is about to commit a violation of immigration
laws or any of the Philippine laws, rules, and regulations, which may constitute a ground
for deportation, the Commissioner, in the interest of national security, public health,
public safety and/or national interest, may issue a Mission Order directing appropriate
officers of the BI to conduct verification and investigation operations against the
foreigner concerned, and if probable cause exists, to effect a warrantless arrest of such
foreigner (Sec. 5, Rule 113 of ROC), if found in flagrante violating Philippine
Immigration Laws.
Rule 6: Proceedings before the Board of Special Inquiry
Sec. 1: within 15 days from issuance of the Charge Sheet, Chief Legal Division
shall endorse to the Chief.
Sec. 2: The member of the BSI to whom the case is assigned shall, within 2 days,
issue an Order directing respondent to submit his written memorandum within
the non-extendible 15 days from receipt
Sec. 3: Draft Decision within 15 days from filing of the Memorandum or
expiration of the period to file the same, BSI shall prepare the draft decision and
forward to Board Sec.s Office.
Rule 6: Bail
Foreigner under arrest under deportation proceeding may be released under cash
bond or government issued security and under such other conditions that Commissioner
may impose.

Sec. 5: The Order granting the Petition for Release on Bail shall include directive
including the foreigners name in the Hold Departure List. Foreigner to surrender his
original passport/travel document to the Legal Division or BSI. These shall be attached
to the case record.
Rule 8: Voluntary Deportation: when foreigner does not contest his deportation charges
and wishes to waive his right to appeal the deportation order. He shall be charged,
detained, and deported.
Rule 9: Summary Deportation applies to x x x c) fugitive from justice
Rule 10: Deportation Order/Judgment
Sec. 1: Contents name and personal circumstances of the foreigner, clear and
distinct statement of material facts, finding and the law on which it is based and the
decision reached.
It shall also state: foreigner shall be deported: 1) country whence he came, 2)
foreign port at which he embarked for the Philippines; 3) country of his birth or of
which he is a citizen; 4) country where e resided
Sec. 2: Order to be returned to the Board Sec. who shall promulgate the same
within 24 hours. Service of copy of Order to the last known/given address of
Respondent, office of his counsel, or his nearest embassy. Proof of service shall be
attached for records
Sec. 5: Finality of Decision 30 days from notice unless within such period the
respondent files a MR or Appeal before the Office of the Secretary of Justice or the Office
of the President
Rule 11: Execution of Order or Judgment for Deportation
If the Respondent is at large when found guilty, the Commissioner shall issue a
Warrant of Deportation against him. Intelligence Division shall execute it and make a
return to the Commissioner within 7 days from date of issue. If unexecuted, weekly
status report.
Under Sec. 1 of Rule 11, it states that no foreigner shall be deported unless the
order of deportation has become final and executory and the requirements stated
under this rule are complied with.
Part III Rule 12, states the procedure in the petition for the cancellation of visa.