” EXPRESS LANE” OVERTIME SERVICES AND PAYMENT FOR OVERTIME AND TRANSPORTATION AND MEAL ALLOWANCES
Concept
The Express Lane Service provides faster processing of applications.
Immigration Regulation Instructions No. 10 dated 2 February 1988, allows
the release of morning applications on or before 2 00 p.m. and
afternoon applications on or before 6:00 p.m. on the same day, provided,
that the services to be rendered are to be paid by the applicant alien
or other persons seeking registration, extensions of stay, conversion of
status, and legalization.
Legal Basis
By virtue of the authority vested upon the Commissioner by the
Immigration Act, Section 7-A as amended, and in line with Commission on
Immigration and Deportation (CID) Memorandum Orders, dated 1 January
1985 and 21 June 1984, both previously approved by the then Minister of
Justice, the following rules and regulations regarding the newly created
“Express Lanes” overtime services and payment thereof are hereby
prescribed:
SECTION 1. Authority to Allow Rendition of Overtime Services . —
1. The CID Commissioner may, when the interest of the
service so requires, authorize CID officials and employees to render
overtime services on the ” Express Lane”.2. The overtime fees charged in the Express Lane are shown
on Annex B [Not included.] The Commissioner may amend the transactions
covered and the amount of corresponding overtime fees.3. The Commissioner may rotate, replace. increase, or
decrease the number at employees directly involved In the processing of
documents, provided, that when the Commissioner assigns additional
direct participants to the Express Lane, proper officials of the
Commission shall adequately brief the new personnel on their assigned
tasks and their corresponding duties and responsibilities, and issue
certificates of orientation to the participants.4. The Commissioner may assign other personnel in addition
to the regular CID officials and employees who are directly involved in
the processing of documents to ensure the effectiveness and efficiency
of the Express Lane Service.SECTION 2. Rates of Overtime Pay . — The
Immigration Act Section 7-A provides that: “Immigration employees may be
assigned by the Commissioner of Immigration to do overtime work at
rates fixed by him when the service rendered is to be paid for by
shipping companies and airlines or other persons served.”The rates of overtime pay are as follows:
1. Commissioner, Associate
Commissioner or equivalent
rank P50/hr.2. Executive Officer or equivalent
rank P40/hr.3. Division Chief or equivalent
rank P30/hr.4. All other employees P25/hr.
Provided, that before the payment of overtime earnings, and the
reimbursements of meal and transportation expenses, Sections, V, VI, and
VII of this Memorandum shall first be satisfied.SECTION 3. Overtime Periods . —
1. On regular working days, overtime periods shall be between 7:00 a.m. and 8:00 a.m. and starting at 5:30 p.m.
2. On Saturdays, Sundays and holidays, overtime period
shall be from 8:00 a.m. to 12:00 noon and 1:00 p.m. to 5:00 p.m. An
additional one hour of chargeable overtime between 12:00 noon and 1:00
p.m. shall be allowed for employees who are directly involved in the
Express Lane Service.SECTION 4. Limitations . —
1. An employee who is earning overtime pay from the Express
Lane Service, shall not earn overtime pay for the same month from
airlines and shipping companies. Any income from airlines and shipping
companies shall be deducted from his Express Lane overtime earnings.2. A direct participant whose services are rendered for
less than one month shall earn proportionate overtime pay and allowances
as direct participant.3. Any employee whether direct or support participant who
is absent or fails to complete the 8-hour work during a regular working
day shall not be allowed to render overtime for that day. Further, an
employee who is under suspension shall not be allowed to render overtime
services and collect overtime payment for the duration of his
suspension.SECTION 5. Transportation and Meal Allowances . —
A. Transportation: (1) On regular working days, an employee
who renders at least 2.5 hours of overtime work shall be automatically
entitled to a reimbursement of taxi fare without receipt, in the amount
of P20 for his trip from CID office to residence.(2) On Saturdays, Sundays and holidays, an employee
who works overtime shall be automatically entitled to reimbursement of
taxi fare without receipt, amounting to P40 for his two-way trips from
residence to CID office and back, provided, that the employee renders
overtime work from 8:00 am. to 5:00 p.m. Further, if an employee works
from five hours to less than eight hours, he shall be reimbursed only
P20.(3) If an employee renders overtime work for less than
2.5 hours during regular working days and less than five hours on
Saturdays, Sundays and holidays, he shall not be entitled to a
transportation allowance.B. Meal Allowance: An employee who works overtime shall be
entitled to meal allowance of P35 per meal; provided, the employee
serves as follows:a. On regular days, when the employee works eight
regular hours, then works overtime for a period of at least 2.5 hours
after 5:30 p.m., he is entitled to one meal allowance.b. On Saturdays, Sundays and holidays, an employee
who works overtime for five hours shall be entitled to one meal
allowance.c. If an employee works overtime for less than 2.5
hours during regular working days and less than five hours on Saturdays,
Sundays and holidays, he shall not be entitled to meal allowance.SECTION 6. Reimbursement of Printing Cost Receipts and Interest on Bank Deposits . —
1. One percent of the monthly ” Express Lane” collections
shall accrue to the General Fund to cover the cost of maintenance of the
Service.2. Interest earned on the bank deposit of the Express Lane Fund shall accrue to the General Fund.
3. The foregoing amounts collected shall be remitted to the National Treasury within 30 days after each quarter.
SECTION 7. Accounting and Control of Collections, Deposits and Withdrawals . —
1. The Cashier shall maintain a separate Cash Book in recording all collections, deposits and withdrawals.
2. All collections shall be deposited in the name of CID at
the LAND BANK OF THE PHILIPPINES or other authorized depository banks.
Authorized bank signatories for withdrawal purposes, shall be the
Commissioner and the COA Resident Auditor.3. For proper control, the Cashier shall furnish the
Accounting Section a copy of deposit slips. Further, he shall prepare
Reports of Collections and deposits and shall submit the same to the
Chief Accountant weekly.4. The Chief Accountant shall maintain a separate ledger for this fund.
5. The Chief Accountant shall ensure that the one percent
of monthly collections and quarterly interest accruing to the General
Fund as provided for in this Memorandum are properly remitted to the
National Treasury.6. All accounting records shall be made available upon demand by the COA Auditor or his authorized representatives.
SECTION 8. Authority of the Commissioner to Promulgate Additional or Revised Implementing Rules and Regulations . —
The Commissioner may supplement or amend the Express Lane rules and
regulations on overtime services, fees and payments. In particular, the
Commissioner may increase or decrease the overtime hours, fees, pay
meals, and transportation allowances pursuant to Immigration Act, Sec.
7-A, as stated in Section II of these rules and regulations.SECTION 9. Applicability . — These rules
and regulations shall pay to CID Head Office personnel whom the
Commissioner may authorize to render overtime work.SECTION 10. Effectivity . — These rules and regulations shall take effect on 2 February 1988.
Adopted: 2 Feb. 1988
(SGD.) MIRIAM DEFENSOR SANTIAGO
Commissioner