REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
BUREAU OF IMMIGRATION
MAGALLANES DRIVE, INTRAMUROS
1002 MANILA
OPERATIONS ORDER NO. SBM-2015-010
PROCESSING OF REQUESTS FOR
REMOVAL OF INDIGENT ALIENS

WHEREAS, Section 43, C.A. No. 613 or the Philippine Immigration

Act of 1940, as amended authorizes the Commissioner to remove such
aliens, at any time after entry, as fall into distress or need public aid from
causes arising subsequent to their entry and are desirous of being so
removed;
WHEREAS, there is a need to improve the process of removal,
taking in relation to immigration control, regulatory, and national security
purpose, all in pursuit of the mandate of the Bureau as a law enforcement
agency;
NOW THEREFORE, pursuant to rule-making power of the
Commissioner of Immigration under Section 3, C.A. No. 613 and Section 29
and 36, Chapter 6, Book IV, Title III, E.O. No. 292 or the Revised
Administrative Code of 1987, this Memorandum Circular is hereby issued:
Sec. 1. Short Title. The title of this Operations Order shall be
Processing of Request for Removal of Indigent Aliens.
Sec. 2. Documentary Requirements. All aliens desiring to be
removed under Section 43, C.A. No.613 shall bring/submit the following in
applying for removal as an indigent:
1. Letter, certificate or endorsement from the aliens
embassy/consulate of the fact of falling into financial
distress while in the Philippines;
2. For aliens who are of age and in possession of full civil
capacity, an affidavit stating their admission/latest
authorized stay, circumstances of falling into distress and
that they have not committed any other immigration
violation other than overstaying (Attached as Annex A is
an appropriate BI Form, which may be subscribe before
authorized Legal Division Attorneys or any other person
authorized to administer oaths);
3. Copy of the passport to travel document;
4. Proof of lawful admission into country and/or latest
authorized stay; and
5. National Bureau of Investigation (NBI) clearance.

Sec. 3. Exception from Documentary Requirements. The

following documentary requirements may be dispensed:
a. The letter, certificate of endorsement from the
embassy/consulate under the following circumstances:
- Where there is no embassy/consulate in the
Philippines;
- The embassy/consulate does not as a matter of
practice issue such documents, in which case it
can be issued by: (1) the aliens local chamber of
commerce, (2) association, (3) the Department of
Social Welfare and Development or (4) Barangay
authority where the alien resides;
- Upon the discretion of the Commissioner in
emergency cases such as a life threatening
medical reason.
b. The NBI clearance for minors below 15 years of age.
Sec. 4. Duty of the Legal Division. It shall be the duty of the
Legal Division (LD) to process request for removal. Requests with complete
documentary requirements shall be processed for approval of the
Commissioner/authorized
signatory
while
those
with
incomplete
documentary requirements shall be processed for denial. However, where
the lacking requirement is only the NBI clearance, the LD shall not
recommend denial but shall forthwith secure the same directly with the NBI
through an official request.
In the preparation for approval of the removal order, the LD shall
ensure the assessed fees as determined by the Visa Extension Section are
indicated, together with the Immigration Arrears Release Certificate (IARC)
fee and fee to be receipted to the trust fund in case of application for
readmission.
Notwithstanding the foregoing however, the LD shall ensure that the
presence of other immigration violation/s other than overstaying disqualifies
the alien for removal under Section. 43, C.A. No. 613, and shall be
prosecuted for deportation immediately, except when the alien is a minor.
Section 5. Duty of the Visa Extension Section. The visa
Extension Section (VES) shall, upon request of the LD, prepare an
assessment of fees otherwise collectible reckoned from lawful admission or
latest authorized stay of the alien requesting for removal.
Section 6. Duty of the Intelligence Division. The Intelligence
Division (ID) shall conduct biometric capturing on all aliens subject of
removal
after
the
removal
order
has
been
signed
by
the
Commissioner/authorized signatory. The ID shall ensure the captured
biometric data shall be shared with the Management Information Systems
Division. Exempted from the biometric capturing are minors below 7 years

old and those excepted by the Commissioner upon recommendation by the

ID for life-threatening medical reason as verified by the Medical Section.
Section 7. Duty of the Medical Section. The Medical Section
shall certify the fact of life-threatening medical reason as provided in the
preceding section either through personal examination or through
examination of a reputable medical institution, which shall be attached to its
certification.
Section 8. Duty of the Management Information Systems
Division. The Management Information System Division (MISD) shall
ensure accurate encoding of the name, birth date and other available details
of the alien subject of removal and when available, the captured biometric
data in the Blacklist. The MISD shall likewise encode the fact that the alien
has undergone biometric capturing or has been exempted by the
Commissioner.
Section 9. Duty of the Airport Operations Division/Bay Service
Section. The Airport Operations Division/Bay Service Section shall process
the departure of the alien subject of removal order upon confirmation of the
consequent Blacklist in the BI derogatory system and the fact that the alien
has undergone biometric capturing or has been exempted by the
Commissioner.
Section 10. Template. Attached as Annexes B and C are the
template of the removal order and the order denying a request for removal,
which forms an integral part of this Operations Order.
Section 11. Timelines. The following timelines shall be strictly
observed:
LD and VES shall act on the request/endorsement within 1 working
day. For example, the LD shall prepare the request for computation of fees
by the VES within 1 working day; while the VES shall likewise have 1
working day to submit such fee computation; the LD will then have another
working day to prepare the removal order.
The MISD shall immediately encode the required data in the system
upon issuance of the removal order or receipt of the biometric data or
exemption granted by the Commissioner as provided in Section 7.
The ID shall immediately conduct diametric capturing upon
presentation by the alien after issuance of the removal order. For request for
exemption from biometric capturing, the ID shall immediately refer the same
to the Medical endorse and prepare the recommendation within 1 working
day from receipt of the certification of the Medical Section.
The Medical Section shall certify as to the existence of a lifethreatening illness within 1 working day.

Section 12. Repealing Clause. All rules, regulations and issuance

inconsistent herewith are hereby, amended or modified accordingly.
Section 13. Effectivity. This Memorandum Circular shall take
effect immediately.
17 April 2015
Signed
SIEGFRED B. MISON
Commissioner

BI Form No._______

ANNEX A

AFFIDAVIT AS AN INDIFENT ALIEN

I, ____________________________, of legal age, citizen of

__________________, single/married and has been residing at
____________________________________, states that:

1. I
have
fallen
into
financial
distress
because
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________;
2. I was admitted in the Philippines on ___________ with
_________ visa and/or latest authorized stay having expired on
_________;
3. Other than overstay, I have not committed any other immigration
violation; and
4. I am executing this Affidavit in support of my request for removal
as indigent and I am aware that I am ineligible for readmission
into the Philippines except upon payment of the amount assessed
and prior authorization of the Board of Commissioners.

____________________________
(Print name and sign)

SUBSCRIBED AND SWORN to before me this _____ day of _____,

__________, affiant exhibiting his/her ___________ with number
__________.

ANNEX B
In re:
DOE JOHN
B.L.O. No. SBM-15___
DOB: 8 August 1971
O.R. No. SBM-15___
USA
(Indigency)
Passport No.: 12345678
x---------------------------------------------x

ORDER
Acting on the 17 March 2015 Letter of (Embassy/Local Chamber
of Commerce/DSWD/Barangay Authority), requesting for removal under
Sec. 4, CA No. 613, as amended in favor of DOE JOHN, DOB: 8 August
1971, American national and the issuance on 15 March 2015 of National
Bureau of Investigation clearance, we hereby GRANT the instant Request
subject to the following terms and conditions:
1. The collection of all immigration fees in the amount of NINETY
SEVEN THOUSAND FEOUR HUNDRED FOURTY PESOS
(Php97,440.00), and EIGHT THOUSAND PESOS (Php8,000.00)
as Express Lane Fees, covering the period from 19 December 2010
up to 19 May 2015 due from Doe John shall be DEFERRED;
2. Doe John shall LEAVE the country on or before 19 May 2015;
3. Doe John shall be subject to REMOVAL from the country; and
4. Doe John shall be INELIGIBLE for readmission except upon (a)
payment of the said amount (b) prior authorization from the Board
of Commissioners and (c) payment of a Waiver of Removal Fee of
FIFTY THOUSAND PESOS (Php50,000.00) and FIVE
THOUSAND PESOS (Php5,000.00) to be receipted to the Trust
Fund.
The Chief, Airport Operations Division (AOD) and Chief,
Immigration Regulation Division (IRD) shall implement this Order.
It is further directed to include the name DOE JOHN in the
Bureaus Black List remarks: Indigency: Deferred Fees: Php97,440.00 and
Php8,000.00; Waiver of Removal Fee: Php50,000.00; and Express Fee:
Php5,000.00.
SO ORDERED.
___________

SIEGFRED B. MISON
Commissioner

ANNEX C
SBM No.-2014-___
(Order of Denial)

In re: Request for Removal

DOE JOHN
D.O.B.
USA
x-------------------------------------------------------------------x
ORDER
On 23 September 2014, Ms. Marieta B. Constantino requested for
removal from the country under Sec. 43, CA 613 as amended, in favor of
DOE JOHN (Doe).
But Ms. Constantino failed to submit certificate or endorsement from
Does embassy/consulate of the fact of falling into financial distress while in
the Philippines.
We deny Does removal.
Doe is advised to secure certificate/ endorsement from his
embassy/consulate with Statutory Declaration of Indigency.
IT IS SO ORDERED.
_______________
Recommending Denial:

Noted By:

JAMEL B. DIPATUAN
Special Investigator

CRIS M. VILLALOBOS
Acting Chief, LD

Approved/ Disapproved

SIEGFRED B. MISON
Commissioner

CC:

Marieta B. Constantino
Golden City Subdivision
B48 L47, Dasma I, Brgy. Salawag
Dasmarias, Cavite