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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