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(NAR) VOL. 11 NO.4 / OCT. – DEC. 2000
[ EXECUTIVE ORDER NO. 287, September 04, 2000 ]
ESTABLISHING NEW OPERATIONAL GUIDELINES FOR THE COMMISSIONER OF IMMIGRATION IN THE INTEREST OF NATIONAL SECURITY, PUBLIC SAFETY, PUBLIC HEALTH AND/OR NATIONAL INTERESTS
WHEREAS, pursuant to Presidential Decree No.
830 dated November 27, 1975 and Letter of Implementation No. 47 dated
August 18, 1976 in relation to Book IV, Title III, Chapter 10, Section
31 of the Administrative Code of 1987 (E.O. 292), the power and
authority to deport undesirable aliens is within the exclusive
jurisdiction of the Immigration Board of Commissioners presided over by
the Commissioner of Immigration;
WHEREAS, under Article VII, Section 17 of the 1987 Constitution, in relation to Book III, Title I, Chapter 1, Section 1, of E.O. 292, the Commissioner of Immigration is under the control of the Chief Executive insofar as the authority to deport undesirable aliens who are in violation of immigration laws, rules and regulations is concerned;
WHEREAS, it is necessary to establish new administrative procedures that will enable the Commissioner of Immigration to promptly address the issue of undesirable aliens, who, because of their well established nefarious activities in the Philippines, pose a clear and present danger to the national security, public safety, public health, and national interests.
NOW THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby promulgate the following new operational guidelines for implementation by the Commissioner of Immigration:
Done in the City of Manila, this 4th day of September in the year of Our Lord, Two Thousand.
By the President:
RONALDO B. ZAMORA
Executive Secretary
WHEREAS, under Article VII, Section 17 of the 1987 Constitution, in relation to Book III, Title I, Chapter 1, Section 1, of E.O. 292, the Commissioner of Immigration is under the control of the Chief Executive insofar as the authority to deport undesirable aliens who are in violation of immigration laws, rules and regulations is concerned;
WHEREAS, it is necessary to establish new administrative procedures that will enable the Commissioner of Immigration to promptly address the issue of undesirable aliens, who, because of their well established nefarious activities in the Philippines, pose a clear and present danger to the national security, public safety, public health, and national interests.
NOW THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby promulgate the following new operational guidelines for implementation by the Commissioner of Immigration:
SECTION 1. Authority to Issue Mission Orders for Verification and Investigation of Suspected Illegal Aliens -
Upon a well-founded and reasonable determination by the Commission of
Immigration, based on available and verified civilian, immigration, or
military intelligence reports, that an alien has committed, is actually
committing or is about to about to commit an act of omission in
violation of immigration laws, rules and regulations, or in violation of
Philippine laws, rules and regulations, which may constitute grounds
for deportation, the Commissioner of Immigration or in his absence, the
Acting Commissioner of Immigration is hereby authorized, in the interest
of national security, public safety and/or national interests, to issue
a mission order directing appropriate officers of the Bureau of
Immigration, whether organic or on detail, to conduct verification and
investigation operations against the alien or aliens concerned, and if
probable cause exists, to effect a warrantless arrest of such alien or
aliens in accordance with Section 5, Rule 113 of the Rules of Court, if
found in flagrante violating Philippine Immigration laws.
SEC. 2. Submission of Reports to the President – The Commissioner of Immigration shall furnish the Office of the President a monthly report of deported aliens with their nationalities and the grounds for their deportation, copy furnished the Secretary of Justice.
SEC. 3. Repealing Clause. – Provisions of other executive issuances and department orders inconsistent herewith are hereby repealed or modified accordingly.
SEC. 4. Effectivity. – This Executive Order shall take effect immediately.
SEC. 2. Submission of Reports to the President – The Commissioner of Immigration shall furnish the Office of the President a monthly report of deported aliens with their nationalities and the grounds for their deportation, copy furnished the Secretary of Justice.
SEC. 3. Repealing Clause. – Provisions of other executive issuances and department orders inconsistent herewith are hereby repealed or modified accordingly.
SEC. 4. Effectivity. – This Executive Order shall take effect immediately.
Done in the City of Manila, this 4th day of September in the year of Our Lord, Two Thousand.
(Sgd.) JOSEPH EJERCITO ESTRADA
By the President:
RONALDO B. ZAMORA
Executive Secretary