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(NAR) VOL. 20 NO.3 / JULY - SEPTEMBER 2009

[ BI MEMORANDUM ORDER NO. 04, May 04, 2009 ]

ESTABLISHING THE IMMIGRATION AREA OFFICES IN THE BUREAU OF IMMIGRATION, DEFINING THE FUNCTIONS, DUTIES AND RESPONSIBILITIES THEREOF, AND FOR OTHER PURPOSES



WHEREAS, the Bureau of Immigration (BI) is principally responsible for the administration and enforcement of immigration, citizenship and alien admission and registration laws, with the Immigration Commissioner exercising overall authority in matters within the Bureau’s jurisdiction, including those relating to its operations and the enforcement of all laws and regulations pertaining thereto (Commonwealth Act (CA) No. 613, otherwise known as the Philippine Immigration Act of 1940, as amended; Section 29, Chapter 6, Book IV of the Administrative Code of 1987, Executive Order (EO) No. 292, s. 1987);

WHEREAS, the Philippines both as a tourist destination and as a foreign investment hub, is experiencing a steady influx of foreigners in the past several years, many of whom are based in different provinces where they are engaged in lawful and gainful business, investment and/or employment, enrolled in educational institutions and other learning centers, or just on pleasure trips, thereby resulting in the urgent need to enhance the responsiveness of BI’s organizational structure so that it can effectively and efficiently deliver its multifarious functions in a coordinated manner, especially in its district and sub-port offices;

WHEREAS, the BI has recommended the establishment of Immigration Area Offices (IAO) in accordance with the expansion of its decentralization program and from within the framework of its existing organizational set-up, as an urgent institutional strengthening measure to improve the Bureau’s performance, enabling it to provide effective and efficient public service while at the same time encouraging faithful compliance with immigration laws, rules and regulations, considering that foreigners in the various provinces will no longer bear the inconvenience of traveling all the way to Manila to have their visas, permits, and other immigration documents processed;

WHEREAS, the Secretary of Justice, as alter ego to Her Excellency the President and as Department Head, exercises supervision and control over the Bureau of Immigration as an agency of the Department of Justice (Section 6 & 7, Chapter 2 and Section 39, Chapter 8, Book IV, EO 292 s. 1987; Section 4, Chapter 1, Title III, Book I V, EO 292 s. 1987; Villena v. Secretary of Interior, 67 Phil. 451, 464 [1939]);

NOW, THEREFORE, pursuant to the provisions of Section 7 (3 & 4), Chapter 2, and Section 20 (3), Chapter 4, of Book IV, EO 292, s. 1987 otherwise known as the Administrative Code of 1987, in relation to Section 3 of CA 613, otherwise known as the Philippine Immigration Act of 1940, as amended, subject to existing laws, and as recommended by the Commissioner of the Bureau of Immigration, the following are hereby ordered promulgated;

SECTION 1. Establishment of Immigration Area Offices - Ten (10) Immigration Area Offices (IAO) covering the seventeen (17) geo-political subdivisions of the country are hereby constituted and established within the framework of the Bureau of Immigration’s organizational structure, clustered accordingly, as follows:

Immigration Area Office (IAO)
Area of Responsibility (geographical/political subdivision)

Location of Office
IAO - I Region 1 and Cordillera Autonomous Region (CAR)
San Fernando City, La Union
IAO - II Regions 2 and 3
Angeles City, Pampanga
IAO - III National Capital Region (NCR) - North, consisting of the Cities of Manila, Mandaluyong, Marikina, San Juan, Quezon, Caloocan, Malabon, Navotas and Valenzuela
Binondo, Manila
IAO - IV National Capital Region (NCR) - South, consisting of the Cities of Makati, Pasay, Parañaque, Las Piñas, Pasig, Taguig, Muntinlupa, and the Municipality of Pateros
Parañaque City
IAO - V Regions 4-A, 4-B and 5
Batangas City, Batangas
IAO - VI Region 6
Iloilo City, Iloilo
IAO - VII Regions 7 and 8
Cebu City, Cebu
IAO -VIII Region 9 and Autonomous Region of Muslim Mindanao (ARMM)
Zamboanga City
IAO - IX Regions 11 and 12
Davao City
IAO - X Regions 10 and 13
Cagayan de Oro City

SECTION 2. Composition of the IAO - The Immigration Commissioner shall, subject to confirmation by the Secretary of Justice, designate appropriate Immigration Officer/Personnel to perform the functions, duties and responsibilities of an IMMIGRATION AREA DIRECTOR under Section 3 hereof, for each IAO.

The designated Immigration Area Director shall be assisted by a set of personnel from the following divisions/sections/units of the Bureau of Immigration:

a. Alien Registration Division;
b. Legal and Investigation Division;
c. Law Enforcement Division;
d. Intelligence Division;
e. Civil Security Unit; and
f. Computer Section, to be designated through appropriate Personnel Orders issued by the Immigration Commissioner in accordance with the provisions of Section 5 hereof.

SECTION 3. Functions, Duties and Responsibilities of the Immigration Area Director - The Immigration Area Director shall perform and exercise the following functions, duties and responsibilities:

1. Monitor and coordinate the operations of all BI District, Sub-port, Extension, Field and Satellite Offices within his/her IAO’s Area of Responsibility (AOR) as defined in Section 1 hereof, to ensure that the performance of duties, responsibilities and activities therein are consistent with the vision and mission of the Bureau of Immigration;

2. Direct, control, and supervise the intelligence, enforcement, law and investigation, alien registration, information technology as well as the civil security programs, operations and activities of concerned personnel within his/her IAO’s Area of Responsibility (AOR) as defined in Section 1 hereof, consistent with existing laws, rules, regulations and procedures;

3. Act as official representative of the Office of the Immigration Commissioner to the national government agencies, local government units (LGUs), non-governmental organizations, people’s organizations, and the private sector relative to immigration concerns within his/her IAO’s Area of Responsibility (AOR) as defined in Section 1 hereof.

4. Provide the Office of the Immigration Commissioner with prompt and timely analysis and recommendations on critical and strategic policies, issues and concerns relative to immigration and other operational matters within his/her IAO’s Area of Responsibility (AOR) as defined in Section 1 hereof;

5. Assist and coordinate with concerned offices/officers relative to official visits of the Immigration Commissioner in his/her IAO’s Area of Responsibility (AOR) as defined in Section 1 hereof;

6. Submit reports regularly to the Office of the Immigration Commissioner on the status of operations, the implementation of programs and projects, and other relevant matters in his/her IAO’s Area of Responsibility (AOR) as defined in Section 1 hereof, with recommendations on possible course/s of action, whenever necessary;

7. Ensure strict, efficient and effective compliance with all memoranda, orders and directives of the Immigration Commissioner pertaining to his/her IAO’s Area of Responsibility (AOR) as defined in Section 1 hereof; and

8. Perform such other functions and duties as may be assigned by the Immigration Commissioner or by the Secretary of Justice.

SECTION 4. IAO Relationship with Sub-Ports Alien Control Officer - For purposes of effective and efficient monitoring, coordination and administrative supervision, all Alien Control Officers (ACOs) shall extend full assistance and cooperation to the Immigration Area Director on all immigration regulation, functions and concerns within the latter’s Area of Responsibility (AOR) as defined in Section 1 hereof. Such full cooperation and assistance shall include, among others, the ACOs’ submission of regular reports of activities and accomplishments to the Immigration Area Director.

All ACOs shall continue to perform and exercise their present duties and functions under existing policies, orders, rules and regulations unless otherwise revoked, amended and/or modified by the Immigration Commissioner.

SECTION 5. Administrative Provisions - The Immigration Commissioner shall, through appropriate Personnel Order, designate such personnel from among the divisions/sections/units/offices of the Bureau of Immigration, in such numbers as may be necessary to adequately and efficiently perform the functions of the administrative and technical support staff complement for each IAO.

Resources and other logistical requirements shall be sourced out from existing budgetary provisions and allocations of the Bureau of Immigration, subject to and consistent with existing laws, rules, regulations and relevant accounting and auditing procedures.

SECTION 6. Authority of the Secretary of Justice - Nothing in this Order shall be construed as a limitation on the power and authority of the Secretary of Justice as provided under existing laws.

SECTION 7. Supercession Clause - All department orders, circulars, issuances or memoranda inconsistent with this Order are hereby repealed, amended or modified accordingly.

SECTION 8. Effectivity - This Order shall take effect immediately and in accordance with the provisions of Section 3 and 4, Chapter 2, Book VII of Executive Order No. 292 s. 1987, otherwise known as the Administrative Code of 1987.

Let the requisite number of copies hereof be filed with the Office of the National Administrative Register (ONAR), UP Law Center, University of the Philippines, Diliman, Quezon City, Philippines.

Adopted: 4 May 2009

(SGD.) RAUL M. GONZALEZ
Secretary

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