IMPLEMENTING GUIDELINES OF THE BUREAU OF IMMIGRATION (BI) REGIONALIZATION PROGRAM

RULE I
GENERAL PROVISIONS

SECTION 1. Purpose – This Implementing Guidelines
is promulgated for the purpose of prescribing rules and procedures for
the implementation of Department of Justice (DOJ) Memorandum Order No.
4, dated 04 May 2009, entitled “ESTABLISHING THE IMMIGRATION AREA
OFFICES IN THE BUREAU OF IMMIGRATION, DEFINING THE FUNCTIONS, DUTIES AND
RESPONSIBILITIES THEREOF, AND FOR OTHER PURPOSES.”

SECTION 2. Legal Basis – Commonwealth Act No. 613, otherwise known as the “Philippine Immigration Act of 1940”, as amended; Book IV, Title III, Chapter 10, Section 31 of Executive Order No. 292, Series of 1987, otherwise known as the “Administrative Code of 1987”; and DOJ Memorandum Order No. 04, dated 04 May 2009, entitled “Establishing
the Immigration Area Offices in the Bureau of Immigration, Defining the
Functions, Duties and Responsibilities Thereof, and for Other
Purposes”.

SECTION 3. Objective – This Implementing Guidelines aim to
provide the framework by which the BI Regionalization Program shall be
implemented, define functions, duties and responsibilities of the
Immigration Area Offices and its component units and personnel,
delineate its organizational and functional relationship with the
Bureau’s Divisions, Sections, Sub-ports and other offices and units.

RULE II
IMMIGRATION AREA OFFICES AND COMPOSITION

SECTION 4. Immigration Area Offices – The ten (10)
Immigration Area Offices covering the seventeen (17) geo-political
subdivisions of the country, clustered accordingly, are as follows:

SECTION 5. Jurisdiction – The exercise of powers and
functions of the Immigration Area Offices and all its officers and
personnel shall be limited to the geo-political jurisdiction as defined
in Section 4 hereof. In cases where the exercise of such powers and
functions will go beyond its area of jurisdiction, coordination shall be
undertaken with the other area offices concerned.

SECTION 6. Composition – Each Immigration Area Office (IA)
shall be headed by an Immigration Area Director (IAD) who shall perform
the functions, duties and responsibilities defined under Section 7
hereof. The Immigration Commissioner shall, through appropriate
Personnel Orders, designate personnel as may be necessary to adequately
and efficiently perform the functions of the administrative, operations
and technical support staff complement for each IAO from among the
divisions/sections/units/offices of the BI, to wit:

a. Alien Registration Division;

b. Legal and Investigation Division;

c. Law Enforcement Division;

d. Intelligence Division;

e. Civil Security Unit; and

f. Computer Section.

RULE III
FUNCTIONS, DUTIES AND RESPONSIBILITIES OF IMMIGRATION AREA DIRECTOR (IAD)

SECTION 7. Functions, Duties and Responsibilities of Immigration Area Director – The Immigration Area Director (IAD) shall perform and exercise the following functions, duties and responsibilities:

a. Monitor and coordinate with the operations of all BI District,
Sub-port, Extension, Field and Satellite Offices within their respective
area of responsibility (AOR) as defined in Section 4 hereof to ensure
that the performance of its duties and responsibilities, as well as its
activities, are consistent with the vision and mission of the Bureau;
b. Direct, control, and supervise the intelligence, enforcement, law
and investigation, alien registration, information technology and civil
security programs, operations and activities of concerned personnel
within their respective area of responsibility (AOR) consistent with
existing laws, rules, regulations and procedures.
c. Act as official representative of the Office of the Commissioner to
the national government agencies, local government units (LGUs),
non-governmental organizations, people’s organizations, and the private
sector relative to immigration concerns in their respective area of
responsibility (AOR);
d. Provide the Office of the Commissioner with timely analysis and
recommendations on critical and strategic policy on issues and concerns
relative to immigration and other operational matters within their
respective area of responsibility (AOR);
e. Assist and coordinate with concerned offices/officers relative to
official visits of the Commissioner in their respective area of
responsibility (AOR);
f. Submit monthly report, or as often as may be required, to the
Office of the Commissioner on status of operations in their respective
area of responsibility (AOR) and in the implementation of programs and
projects, as well as other relevant matters in their respective area of
responsibility (AOR) and, when necessary, with recommendations on
possible course/s of action;
g. Ensure that all memoranda, orders and directives of the
Commissioner pertaining to their respective area of responsibility (AOR)
are faithfully and expediently accomplished; and
h. Perform such other functions and duties as may be directed by the Commissioner pursuant to Memorandum Order.

RULE IV
ORGANIZATIONAL AND FUNCTIONAL GUIDELINES

SECTION 8. Control, Supervision, Coordination and Reporting –
[a] All Immigration Area Directors (IAD) shall be under the direct
control and supervision of the Executive Director. The Executive
Director shall submit a monthly report, or as often as may be required
or necessary, to the Commissioner on all matters concerning the
Immigration Area Offices (IAO).

[b] Except for IAO-assigned Legal Officers from the Law and
Investigation Division (LID) who shall be in close coordination with the
IAD in the performance of their duties and responsibilities, the other
Designated Heads of the divisions/sections/units (e.g., ARD, ID, LED,
CSU, Computer) in the IAO shall be under the direct control and
supervision of the concerned IAD, provided, however, that, for purposes
of efficient and proper coordination and monitoring, the said other
Designated Heads shall regularly furnish its respective
Divisions/Sections/Units with copies of its accomplishment/performance
reports, incident reports, investigation reports, summaries of
information and such other reports and documents relevant to the
discharge of their functions, duties and responsibilities.

[c] The Division/Section/Unit Chiefs of the designated heads of
division/section/ units in the IAO shall provide and extend personnel
and technical support to ensure the effective performance of their
respective personnel in the IAO.

SECTION 9. National Capital Region (NCR) Overall Area Director –
In view of the significant number of foreign nationals within the
National Capital Region (NCR), there shall be an Overall Immigration
Area Director for NCR who shall be under the direct control and
supervision of the Executive Director. He shall supervise and monitor
the affairs and activities of the NCR-North and NCR-South Immigration
Area Offices.

RULE V

IMMIGRATION SERVICES

SECTION 10. Updating of Authorized Stay of Overstaying Foreigners –
Concurrent with the function of the Chief of Immigration Regulations
Division (IRD) under Personnel Order No. MCL-08-074, dated 16 January
2008, the IAD is likewise authorized to update the temporary visitor’s
visa under Section 9(a) of the Philippine Immigration Act of 1940, as
amended, of a foreigner who have been overstaying in the country for not
more than two (2) years. In cases of more than two (2) years overstay,
the same shall be referred to the Immigration Commissioner for proper
action with appropriate recommendation from the IAD.

SECTION 11. Investigation and Complaints – [a]
Investigations and complaints for violations of Commonwealth Act No.
613 (Philippine Immigration Act of 1940), as amended, alien admission
and registration laws, and other immigration laws, rules and
regulations shall be taken cognizance by the Immigration Area Office
where the respondent foreigner is a resident or where the violation was
first committed.

[b] The Area Intelligence operatives shall be responsible in
conducting case build- up activities on complaints filed or in cases motu propio investigated by the same upon instructions by the Commissioner, Executive Director or IAD.

[c] Except for Mission Orders for the conduct of verification of
immigration status of fugitives from justice, INTERPOL cases, and
special cases as determined by the Commissioner, the Executive Director,
upon favorable recommendation by the IAD, may issue a Mission Order
against a foreigner for other violation/s of immigration laws subject to
terms and conditions imposed under existing laws, rules and
regulations.

[d] The Law Enforcement personnel in the IAO shall implement and
enforce Mission Orders, Warrants of Deportation, and such other writs, orders,
subpoena and other legal processes of the Bureau. Limited to their area
of responsibility, they shall likewise conduct field verification
activities on the immigration status of certain foreign nationals upon
express directive by the IAD.

[e] Immediately upon the custody of a foreigner subject of a
Mission Order, the Law and Investigation personnel in the concerned IAO
shall conduct a preliminary investigation on the case and issue the
corresponding Charge Sheet or Summary Deportation Order if the result of
the investigation thereof warrants, or otherwise submit a
recommendation to the Commissioner for the dismissal thereof, provided
that any of these actions must bear the favorable endorsements of the
IAD, Chief of the Law and Investigation Division (LID) and the Executive
Director.

[f] The Law and Investigation personnel shall likewise conduct
hearings/investigation on complaints/cases referred to by the Area
intelligence and Law Enforcement operatives.

[g] No foreigner subject of a Mission Order shall be committed for
detention or deported unless supported by a Commitment Order or Warrant
of Deportation, respectively, issued by the Commissioner.

SECTION 12. Detention Centers – Each IAO shall establish
and provide a detention center under the control and supervision by the
Civil Security Unit (CSU) of such Office. In areas where the
establishment of such center is not feasible, the IAD shall coordinate
and make arrangements with the local Bureau of Jail Management and
Penology (BJMP) for the purpose.

SECTION 13. Other functions – All personnel from the different divisions, sections and units designated and assigned to the
IAOs shall exercise their respective inherent functions, duties and
responsibilities under existing laws, circulars, orders, memoranda,
rules and regulations and shall perform such other functions as may be
assigned by the Executive Director and/or IAD from time to time.

RULE VI
SUB-PORTS, FIELD AND SATELLITE OFFICES

SECTION 14. Alien Control Officers – The Alien
Control Officers (ACOs) shall continue to be under the administrative
and operational control and supervision of the Immigration Regulation
Division (IRD) and shall continue to exercise direct control and
supervision over the day-to-day affairs, activities and personnel in
their respective Sub- ports, Field and Satellite Offices.

SECTION 15. Extension of Authorized Stay and Issuance of Special Working Permit (SWP) and Special Study Permit (SSP) –
Subject to existing rules and regulations, the Alien Control Officer
(ACO) is authorized to extend the authorized stay of the temporary
visitor’s visa of a foreigner under Section 9 (a) of the Philippine
Immigration Act of 1940, as amended, and to issue Special Working
Permit (SWP) and Special Study Permit (SSP) within the area of
jurisdiction of their respective sub-port and satellite office.

RULE VII
AIRPORT OPERATIONS, BAY SERVICE AND BORDER CROSSING ACTIVITIES

SECTION 16. Airport Operations, Bay Service and Border Crossing Activities –
[a] The Bureau’s international airport and seaport operations, bay
service and border crossing activities shall continue to exercise its
mandated functions, duties and responsibilities and shall be under the
control and supervision of the Commissioner or of his duly authorized
representative.

[b] In cases where operations and activities of the IAO shall
involve and affect specific concerns under the Airport Operations, Bay
Service and Border Crossing, the same shall be coordinated with the
respective Chiefs thereof.

RULE VIII

FINAL PROVISIONS

SECTION 17. Administrative and Logistical Requirements –
[a] The Immigration Commissioner, shall through Personnel Order,
designate such personnel from among the divisions/sections/units/offices
of the Bureau of Immigration (BI), in such numbers as may be necessary
to adequately and efficiently perform the functions of the
administrative and technical support staff complement for each IAO.

[b] Resources and other logistical requirements shall be sourced
out from existing budgetary provisions and allocations of the BI,
subject to and consistent with existing laws, rules, regulations and
relevant accounting and auditing procedures.

SECTION 18. Amendments – From time to time and in the interest of the service, this Implementing Guidelines may be amended by the Bureau.

SECTION 19. Notice – The BI shall notify the public of this
Implementing Guidelines, by posting and publishing the same and such
appropriate forms and documents issued by virtue hereof in the official
BI Website: www.immigration.gov.ph.

SECTION 20. Separability Clause – If any provision in this
Implementing Guidelines or application of such provision to any
circumstance, is declared invalid or unconstitutional by competent
authority, the other provisions not affected thereby shall remain valid
and subsisting.

SECTION 21. Repealing Clause – All orders, memoranda,
circulars, guidelines, rules and regulations inconsistent herewith are
hereby repealed or amended accordingly.

SECTION 22. Effectivity – This Implementing Guidelines shall take effect immediately upon approval and posting in the official BI Website.

Let copies of this Order be filed with the Office of the National
Administrative Register (ONAR), U. P. Law Center, U. P. Diliman, Quezon
City, Philippines.

Adopted: 8 July 2009

(SGD.) MARCELINO C. LIBANAN
Commissioner