Deportation Image Article Nicolas & de Vega Law Offices

Summary deportation of foreigners is allowed in cases when a foreigner is overstaying, undocumented, is a fugitive from justice, has fully served the sentence of his crime which includes deportation as a penalty or a crime involving moral turpitude or the crime of failing to register with the Bureau of Immigration.

Grounds for Summary Deportation

Summary deportation proceedings are governed by Memorandum Circular No. SBM-2015-010, otherwise known as the Bureau of Immigration Omnibus Rules of Procedure of 2015 (“MC 2015-010”) which became effective on 09 November 2015.

Pursuant to Rule 9, Sec. 1 of MC 2015-010, summary deportation proceedings shall apply when the foreigner is:

  1. overstaying found by virtue of a complaint or mission order. An overstaying foreigner is one with an expired visa.
  2. undocumented. An undocumented foreigner is one who does not have a validly issued passport/travel document or with a cancelled or expired passport.
  3. a fugitive from justice. This refers to a foreigner who has been tagged as such by the authorized personnel of a foreign embassy OR by the International Police OR whose passport was cancelled by his embassy/consulate [As amended by Immigration Memorandum Circular No. JHM-2018-002 dated 26 March 2018].
  4. has fully served the sentence in a crime which carries with it the penalty of deportation after service of sentence
  5. has fully served the sentence of a crime mentioned in Section 37 (a) (3) or Section 37(a)(10) of the Philippine Immigration Act. Section 37 (a) (3) refers to a crime involving moral turpitude with imprisonment of more than 1 year while Section 37(a)(10) pertains to failure to register with the Bureau of Immigration.

Summary Deportation Proceedings for overstaying and undocumented foreigners

For overstaying and undocumented foreigners, a complaint may be filed with the Office of the Commissioner (“OCOM”) of the Bureau of Immigration. If found sufficient in form, preliminary investigation shall commence [Rule 2, Section 7 of MC 2015-010].

During preliminary investigation, the foreigner shall be directed to file his Counter-Affidavit or Memorandum within ten (10) days from receipt. Thereafter, the Special Prosecutor shall resolve the complaint and shall determine if there is sufficient evidence to issue a Charge Sheet (Rule 3, Section 2 of MC 2015-010).

A Charge Sheet is an accusation in writing issued by the Special Prosecutor and approved by the Chief of the Legal Division, charging a foreigner with violation of immigration laws (Rule 4, Section 1 of MC 2015-010). The foreigner’s name shall be included in the Bureau of Immigration derogatory database to prevent him from leaving the country.

Upon drafting of the Charge Sheet, the Legal Division shall draft the Summary Deportation Order and forward the same to the Board Secretary, who will in turn include it in the agenda of the Board of Commissioners. The said Board will decide thereon.

Summary Deportation Proceedings for fugitives from justice

In cases of foreigners who are fugitives from justice, the OCOM shall, within 24 hours from receipt of the fugitive/criminal file from the foreign embassy or Interpol, indorse the same to the Lehal and Intelligence Division. Thereafter, the Legal Division shall draft and submit to the Board Secretary the Charge Sheet, Summary Deportation Order, warrant of Deportation and Request for NBI Clearance.  It shall be scheduled by the Board Secretary for special agenda to the Board of Commissioners for decision.

The Bureau of ImmigraSection 24 of Republic Act No. 11232, otherwise known as the Revised Corporation Code of the Philippines, provides that the corporate officers of a corporation are the president, treasurer, secretary and such other officers as may be provided in the bylaws. Thus, the law expressly classifies the Corporate Secretary as a corporate officer.

The Summary Deportation Order is immediately executory and shall bar the foreigner from re-entry in the Philippines.

A summary deportation order shall be final and immediately executory upon signing/approval thereof (Rule 9, Section 10 of MC 2015-010). The foreigner shall be included in the Bureau of Immigration Blacklist and he shall be barred from re-entering the Philippines.

About Nicolas and De Vega Law Offices

If you need assistance civil or other criminal law-related issues,  we can help you. Nicolas and de Vega Law Offices is a full-service law firm in the Philippines.  You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines.  You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at info@ndvlaw.com. Visit our website https://ndvlaw.com.

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