DEFINING AND ESTABLISHING THE BUREAU OF IMMIGRATION DOCUMENT AND INFORMATION CLASSIFICATION, MANAGEMENT AND CONTROL PROTOCOLS

CHAPTER I
GENERAL PROVISION

Section 1. Statement of Policy – Information
and data are key assets which support the effective and proficient
delivery and performance of the Bureau of Immigration’s legal mandate,
powers, functions, duties and responsibilities. Its efficient
management, use, retention and disposition within a securely designed
environment assure the information’s integrity and accuracy. Any misuse,
abuse or unauthorized disclosure of sensitive information and data can
have severe consequence to the national security and the operations and
activities of the Bureau.

Towards this end, all personnel of the Bureau have a duty to
prevent the loss, misuse, abuse or unauthorized disclosure of the
Bureau’s information and documents.

Section 2. Purpose and Coverage
– The purpose of these protocols is to direct the creation,
classification and storage of the Bureau’s information, ensure that
official records are easily located, accessed and maintained whilst
ensuring appropriate security and confidentiality of information and
guarantee that official records are disposed of in a manner appropriate
to their content and function.

These protocols shall apply to all information and official
documents, regardless of format, including all its attachments and
annexes, created and received by the Bureau in the course of the
official business, activities and operations.

Section 3. Definition of Terms – As used in this Memorandum:

CHAPTER II
CLASSIFICATION OF OFFICIAL DOCUMENTS AND INFORMATION

Section 4. Classes of Documents and Information. – The Bureau’s official documents and information are hereby classified as:

Section 5. Classification of Documents or Information.
– The classification of internal document or information shall be the
responsibility of the head of the office, division, section or unit of
the Bureau from which such document or information was created and
emanated, or to which the external document or information was
officially transmitted.

CHAPTER III
CREATION, MANAGEMENT AND USE OF DOCUMENTS AND

INFORMATION

Section 6. Creation. – (a) Paper-based
– An internal document is deemed created upon the affixing of the
signature thereon by the concerned personnel by the Bureau and the
consequent official release or transmittal thereof to the concerned
party or addressee. An external document becomes the property of the
Bureau and subject to the protocols herein provided upon official
receipt thereof by the duly authorized Bureau personnel.

(b) Electronic-based – An internal document is deemed
created once it is encoded, entered and saved in any of the information
system by a Bureau’s duly authorized personnel. An external document
becomes Bureau’s property upon its electronic receipt thereof.

Section 7. Drafts. – Drafts shall not be kept
as a document once the final version has been produced except in case
where the development of the document or information needs to be
documented, such as, but not limited to, policy development, agreements,
decisions, orders or for those required for legal purposes.

Section 8. Labeling. – All documents and
information created and received shall be clearly and properly labeled
and classified (See Annex “1” and “2”) accordingly so that users are
aware of the ownership, security classification and value of
information. Each page of a subject document shall be marked
“Confidential” or “Restricted”, as the case may be, in the bottom margin
thereof.

Section 9. Access by Bureau Personnel. – (a)
Only the Commissioner or any personnel duly designated by him shall have
custody of or access to documents and information classified as
“Confidential” which shall be stored in a separate appropriately secured
area.

Section 10. Access by Third Parties. – Access to
or request for a copy of official document or information of whatever
form or classification by third parties shall require the prior written
authorization of the Commissioner or his duly authorized representative.
Such request for access or copy must be submitted in writing or through
electronic means and shall state the name and preferred contact
information of the requesting party, reasonably described the
information or document requested and the reason and purpose for such
request.

Section 11. Denial of Access. – In case the
Commissioner or his duly authorized representative denies the request
for access, the concerned office shall, within seven (7) working days
from the receipt of the request, notify the third party making the
request of such denial in writing or through electronic means which
shall indicate the ground/s for the denial.

Section 12. Access Fees.
– The Bureau may charge a reasonable fee to reimburse the actual cost
of reproduction, copying, printing or transcription and the
communication of the official document or information requested.

Section 13. Sharing of Information.
– The Administrative Division shall ensure that all personnel are fully
aware of their legal duties and responsibilities as civil service
employees concerning the inappropriate sharing and releasing of official
documents and information, both internally within the Bureau and to
external parties.

CHAPTER IV
STORAGE, RETENTION AND DISPOSITION

Section 14. Keeping of Documents and Information. –
The Administrative Division and Records Section shall be primarily
responsible for the custody, safekeeping and storage of all official
documents and information. Official documents and information residing
and stored in the Bureau information technology system’s databases shall
be maintained and safeguarded by the Information and Communications
Technology (lCT) Section.

Section 15. Declassification.
– Upon cessation of the reason of its classification as confidential or
restricted, the Commissioner or his duly authorized representative may
declassify a document or information and shall be treated and disposed
of in accordance with the pertinent provisions hereof.

Section 16. Maintenance, Archival and Disposition.
– Following the standards and periods provided under Republic Act No.
9470 or the National Archives of the Philippines Act of 2007 and in
consultation with the concerned divisions, section, units and offices of
the Bureau, the Records and ICT Sections shall, within thirty (30) days
from effectivity hereof, prepare and submit a records maintenance,
archival and disposition schedule providing a listing of official
documents and information under current use, for retention by the
Bureau, for transfer to the National Archives, or for disposition;
Provided, that disposition or destruction of the official documents may
be implemented only upon approval of the National Archives of the
Philippines.

CHAPTER V

FINAL PROVISIONS

Section 17. Criminal and Administrative Liability.
– Any unauthorized disclosure, sharing, publication or use of any
official document or information shall be considered a grave offense and
shall be punishable in accordance with civil service rules and
regulations. The filing of administrative case against the erring
personnel shall not preclude the filing of any other appropriate
criminal or civil case for violation of existing laws.

Section 18. Separability Clause.
– If any of the provisions of this Order is declared invalid, the
validity of the remaining provisions hereof shall remain in force and in
effect.

Section 19. Repealing Clause. – All
circulars, orders, rules and regulations, issuances of any part thereof
inconsistent with the provisions of this Order are deemed repealed.

Section 20. Effectivity – This Memorandum Order shall take effect immediately upon approval.

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

(SGD) SIEGFRED B. MISON
Officer-in-Charge