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REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
BUREAU OF IMMIGRATION
MAGALLANES DRIVE, INTRAMUROS
1002 MANILA

OPERATIONS ORDER NO. SBM-2015-019

IMPLEMENTATION OF EXCLUSION ORDERS AT PORTS OF ENTRY

WHEREAS, an excludable foreign national who fails to prove his


admissibility under immigration law, rules and regulations shall be denied
entry into the Philippines (Section 29 and 30, C.A. No. 613, as amended);

WHEREAS, the Commissioner may, in the exercise of sound discretion


and for good cause, permit the entry of an excludable foreign national
properly documented but who is: (a) a lawful resident in the Philippines
returning from a temporary visit abroad; or (b) applying for temporary
admission (Section 29(b)(2), ibid.);

WHEREAS, an excludable foreign national must be returned to his


port of origin or to his country of nationality onboard the same
aircraft/vessel bringing him into the Philippines, another aircraft/vessel
owned by the same interest, or a different aircraft/vessel (Section 36, ibid.);

WHEREAS, the vessel owner bears the expense of returning an


excluded foreign national to his port of origin or to his country of nationality
(Section 36, ibid.);

NOW THEREFORE, the following are hereby ordered pursuant to the


rule-making power of the Commissioner under Section 3, C.A. No. 613 or
the Philippine Immigration Act of 1940, as amended:

Section 1. Exclusion Order. – A foreign national found to be


excludable by the Immigration Officer who conducted primary inspection and
the Travel Control Enforcement Unit (TCEU) personnel who conducted
secondary inspection shall be denied entry into the Philippines, unless
otherwise directed by the Commissioner.

The decision to exclude a foreign national shall be embodied in an


Exclusion Order jointly signed and executed by the said Immigration Officer
and TCEU personnel and noted by the Duty supervisor.

Section 2. Contents of the Exclusion Order. – The Exclusion Order


must clearly state:

a. The personal details (i.e., full name, alias, date of birth,


nationality, passport number) of excluded foreign national as
appearing in his passport or travel document;

b. The date when the exclusion case occurred;

c. The port of entry where the exclusion case occurred;

d. The legal ground/s relied upon in the exclusion of the foreign


national;
e. The material and relevant facts of the exclusion case;
Provided, that classified information received from foreign
embassies, local or international law enforcement agencies,
and other government offices shall not be disclosed or
divulged to any person, including the excluded foreign
national;

f. The necessary expenses to be incurred in the implementation


of the Exclusion Order;

g. Other recommendations (i.e., blacklisting in the


implementation of the Exclusion Order;

Section 3. Service of the Exclusion Order Service of the


Exclusion Order; Retention of Custody Pending Implementation of
Exclusion Order. – The TCEU personnel shall immediately serve Exclusion
Order to the excluded foreign national, copy furnished the Office of the
Commissioner, the aircraft /vessel owner or his authorized agent, and the BI
National Operations Center (BINOC).

Pending implementation of the Exclusion Order, the TCEU shall


maintain physical and legal custody over the excluded foreign national,
under close guard of the Border Monitoring and Security Unit (BMSU). The
Duty Supervisor shall immediately notify the aircraft/vessel owner or his
authorized agent of the exclusion case to enable the latter to arrange the
removal of the excluded foreign national.

Section 4. Implementation of the Exclusion Order; Duties of the


BMSU; Expense of Removal. – Within twenty four (24) hours from
exclusion, the TCEU, through the BMSU, shall:

a. Board the excluded foreign national on the same or next available


flight or voyage, unless otherwise directed by the Commissioner or his duly
authorized representative.

Any directive, instruction, or order originating from any person not


authorized by the Commissioner shall be immediately reported thru the
fastest means to the Commissioner or his information and further action.

b. Turn-over physical custody over the excluded foreign national and


his travel documents to the aircraft/vessel owner or his authorized agent
and ensure actual boarding on the same or next available flight or voyage.

Any expense necessary to implement an Exclusion Order shall be paid


by the aircraft/vessel owner or his authorized agent.

Section 5. Joint and Solidary Obligation to Dispose Exclusion


Cases. – It shall be the joint and solidary obligation of the Immigration
Officer who conducted primary inspection, the TCEU personnel who
conducted secondary inspection, and the BMSU personnel to:

a. Encode the exclusion case in the BCIS and the Records


Maintenance Facility (RMF);

b. Encode the final disposition of the exclusion case in the BCIS and
RMF, as indicated in the Exclusion Order;
c. Serve a copy of the Exclusion Order to the excluded foreign
national, the Office of the Commissioner and the aircraft/vessel owner or his
authorized agent;

d. Maintain physical and legal custody over the excluded foreign


national pending implementation of the Exclusion Order; and,

e. Board the excluded foreign national on the same or next available


flight/voyage.

Non-compliance with above-cited duties and functions shall be


administratively dealt with, without prejudice to any civil or criminal liability.

Section 6. Monthly Report of Exclusion Cases. – The Chief, POD


shall submit a monthly report of all exclusion cases to the Office of the
Commissioner, copy furnished the Head, Counter Intelligence Unit (CIU), for
monitoring and reference.

The Chief, POD shall also maintain a file copy of the Exclusion Order
mentioned in this Order for ready Reference.

Section 7. Separability Clause. – If any part or provision of this


Order is declared invalid or unconstitutional, any part or provision not
affected thereby shall remain in full force and effect.

Section 8. Repealing Clause. – All rules, regulations or issuances


inconsistent with this Order are hereby repealed, amended, or modified
accordingly.

Section 9. Effectivity Clause. – This Order takes effect immediately.

For strict compliance.

03 July 2015

Signed
SIEGFRED B. MISON
Commissioner