Philippines new deportation rule: Leave country even on appeal

Justice Undersecretary for Immigrations Markk Perete on Friday, November 1, said new deportation rules stating that a foreigner ordered to be deported have to leave the country after 30 days — even if it’s on appeal will soon be issued by the Philippine justice department.

“After 30 days of receipt of deportation order, unless stayed by the Secretary of Justice or the president (they would have to leave the country),” he said.

According to Perete, the new rules will be published on Wednesday, November 6, and would take effect 15 days after publication.

He also said that under current procedures, foreigners deported by the Bureau of Immigrations (BI) are allowed to stay in the country once their appeals have been filed before the Department of Justice (DOJ), noting that this is inconsistent with the Administrative Code.

In Section 10, Chapter 3 of the Administrative Code, it states that the BI’s deportation order becomes final and executory in 30 days “unless within such period the president shall order the contrary.”

“Better ‘yung policy ng Administrative Code (The policy under the Administrative Code is better) because we don’t have the facility to hold them,” Perete said.

“Automatic dapat ang deportation which means aalis talaga sila at babalik na lang sila after, if ever their petition is granted (Their deportation should be automatic which means they should leave and they can just return after, if ever their petition is granted),” he added.

Perete pointed out that deportees often choose to stay in the country despite the BI’s Bicutan facility for detained foreigners and aliens being “so small to accommodate a lot of deportees.”

“For some reason, many of those who are to be deported would prefer to stay here in the Philippines rather than be deported. It boggles me, even if overcrowded kung saan sila nakatira (where they are),” he said.

Perete has yet to respond about how the new rules will affect the provision for bail. 

BI’s 2015 Omnibus Rules of Procedure allow for bail, as reported by Rappler.

Under Section 2, Rule 7 of BI Memorandum Circular No. SBM-205-010, it states that “at any time after his arrest but before the finality of the deportation order (which includes the re-opening of a deportation case) and as long as the deportation records are with the BI, the foreigner may file before the commissioner a verified petition for release on bail.”