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Acts or Omissions That Constitute Undesirability PDF

This document is an operations order from the Bureau of Immigration that specifies acts or omissions that constitute undesirability of foreign nationals under Philippine law. It states that a criminal offense must be punishable by at least one year of imprisonment or be against a group or involve moral turpitude. It also requires substantial evidence to prove undesirability and says acts that are not criminal offenses must still pose a risk to public interest or safety. The order takes effect 15 days after registration with the Office of the National Administrative Register.

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482 views2 pages

Acts or Omissions That Constitute Undesirability PDF

This document is an operations order from the Bureau of Immigration that specifies acts or omissions that constitute undesirability of foreign nationals under Philippine law. It states that a criminal offense must be punishable by at least one year of imprisonment or be against a group or involve moral turpitude. It also requires substantial evidence to prove undesirability and says acts that are not criminal offenses must still pose a risk to public interest or safety. The order takes effect 15 days after registration with the Office of the National Administrative Register.

Uploaded by

Christian Pangilinan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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September 30, 2014

BI OPERATIONS ORDER NO. SBM-2014-048

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 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.

Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 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.
aSEDHC

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.

(SGD.) SIEGFRED B. MISON


Commissioner
Bureau of Immigration

Copyright 2017 CD Technologies Asia, Inc. and Accesslaw, Inc. Philippine Law Encyclopedia (2017.1) 2

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