ACTS OR OMISSIONS THAT CONSTITUTE UNDESIRABILITY OF FOREIGN NATIONALS

WHEREAS, the Philippine Immigration Act of 1940 (Commonwealth
Act No. 613), as amended mandates the Bureau of Immigration
(BI) as the agency principally responsible for the
administration and enforcement of foreign nationals’ admission,
deportation and registration laws;

WHEREAS, the BI has been receiving complaints alleging undesirability of foreign nationals;

WHEREAS, there is a need to specify the acts or omissions that
constitute undesirability of a foreign national under CA 613, Sec. 52 in
relation to Act 2711, Sec. 69;

NOW, THEREFORE, pursuant to CA
613, Sec. 3 granting the rule-making power of the Commissioner, the
following rules are hereby prescribed:

Section 1. Acts or Omissions Constituting Criminal Offense
– The commission of any act or omission commit of any act or omission
constituting criminal offense punishable by imprisonment of one (1)
year or more shall not deem a foreign national as undesirable.

Commission of acts or omission constituting a criminal offense
punishable by imprisonment of less than one (1) year shall not deem a
foreign national as undesirable UNLESS his said acts or omission are:
(i) against a group or a community; or (ii) constitute moral turpitude.

Section 2. Evidence Required to Prove Undesirability – Substantial evidence shall be required to prove undesirability.

In cases when the appropriate government agency/officer files criminal
information against a foreign national after inquest proceedings or
preliminary investigation, the foreign national shall likewise be
charged and deported if there is substantial evidence to prove his
undesirability as defined in Section 1.

However, the charges of undesirability shall not be used as a means of evading criminal prosecution.

In cases when the foreign national is ordered released
for further investigation or the criminal complaint is dismissed,
the foreign national shall still be charged and deported if
there is substantial evidence to prove his undesirability
under Section 1.

Section 3. Acts Not Constituting Criminal Offense –
The commission of acts not constituting criminal offense such as
misdemeanor and light misconduct shall not deem a foreign national
as undesirable UNLESS his offensive acts poses risk to public
interest and public safety.

Section 4. Effectivity –
This Operations Order shall take effect fifteen (15) days from receipt
of the Office of the National Administrative Register (ONAR), U.P. Law
Center, U.P. Diliman, Quezon City.

30 September 2014

(SGD) SIEGFRED B. MISON

Commissioner