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

[ DOJ MEMORANDUM ORDER NO. 8, July 10, 2009 ]


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 authorities 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 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, series of 1987).

WHEREAS, with the Philippines’ assent to the United Nations Convention Against Transnational Organized Crime and the passage of various legislations, notably the Anti-Human Trafficking Act, the Migrant Workers Act, and the Human Security Act, as well as the issuance of Executive Order No. 759, series of 2008, creating the Task Force Against illegal Recruitment (TFAIR), the Bureau of Immigration is mandated to assume additional multifarious functions, duties and responsibilities, particularly in the country’s international ports of entry and exit.

WHEREAS, the Bureau has implemented a program aimed at decentralizing its powers and functions to specific geographical areas, sub-ports, extension and satellite offices and has likewise streamlined its procedures and systems for effective monitoring and efficient delivery of immigration services;

WHEREAS, the existing organizational structure of the BI is no longer responsive to the expanding role of the agency and the institutional and organizational changes adopted and implemented;

WHEREAS, the Secretary of Justice, as alter ego of the President of the Republic of the Philippines, exercises supervision and control over the Bureau of Immigration as an agency of the Department of Justice (Section 6 and 7, Chapter 2 and Section 39, Chapter 8, Book IV, E.O. 292, series of 1987; Chapter 1, Title III, Book IV, EO 292, series of 1987; Villena v. Secretary of the Interior, 67 Phil. 451, 464 [1939]);

WHEREFORE, foregoing premises considered and pursuant to the provisions of Section 7 (3 & 4), Chapter 2, and Section 20 (3), Chapter 4 of Book IV, Executive Order No. 292, series of 1987, otherwise known as the Administrative Code of 1987, in relation to Section 3 of C.A, No. 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. Creation - There is hereby created and constituted in the Bureau of Immigration, an AIRPORT OPERATIONS DIVISION (AOD) directly under the Office of the Commissioner.

SECTION 2. Purpose and Objectives - The AOD aims to provide the Bureau with a division of qualified and competent officers and personnel to perform enforcement and administration of immigration laws functions in relation to its mandate under the Philippine Immigration Act of 1940, as amended, within the immigration premises and areas of the following international ports of entry/exit;

a. Ninoy Aquino International Airport (NAIA);

a.1 Terminal I;
a.2 Centennial Terminal II;
a.3 International Passenger Terminal III;

b. Diosdado Macapagal International Airport (DMIA);
c. Tuguegarao City Airport (TCA);
d. Laoag International Airport (LIA);
e. Mactan-Cebu International Airport (MCIA);
f. Kalibo International Airport (KIA);
g. Puerto Princesa Airport (P PA);
h. Davao International Airport (DIA);
i. Zamboanga International Seaport (ZIS); and
j. Such other airports and seaports which may hereafter be declared as international ports of entry/exit and operated as such;

It also seeks to enhance the Bureau’s capability in the implementation of the expeditious, simplified and effective system of immigration controls for the entry and exit of passengers, including the exclusion, offloading, apprehension, deportation and repatriation of illegal entrants.

SECTION 3. Composition and Functions - [a] The AOD shall be under the direct control and supervision by a Chief designated by the Immigration Commissioner through appropriate Personnel Order and subject to approval by the Secretary of Justice.

[b] Each airport and seaport operating as international port of entry/exit shall be managed by a Head Supervisor who shall conduct the day-to-day operations thereof with the following components units and shall exercise their respective functions, duties and responsibilities under existing laws, circulars, orders, memoranda, rules and regulations, wit:

1. Intelligence Unit;
2. Law and Investigation Unit;
3. Law Enforcement Unit;
4. Civil Security Unit;
5. Computer Unit; and
6. Administrative Unit.

The personnel of the foregoing units shall be under the direct operational control and supervision of the respective Head Supervisor; Provided, that for purposes of efficient and proper coordination and monitoring, the said units shall regularly furnish its respective Divisions with copies of its accomplishment/performance reports and documents relevant to the discharge of their functions, duties and responsibilities.

[c] The IMMIGRATION COMPLIANCE AND MONITORING GROUP (MCMG) created by virtue of Memorandum Order No. MCL-07-004, dated 12 June 2007, and the ARRIVAL DEPARTURE 9A/D0 CARD PROCESSING CENTERS established under the Memorandum entitled “Proposed Administrative and Operating Guidelines for the Implementation of the New BIU Arrival/Departure 9a/D0 Card”, approved on 20 May 2009, shall be under the direct operational control and supervision of the chief of the AOD.

SECTION 4. Administrative Provisions - The manpower compliment for the AOD and its component units shall be filled-up from existing personnel of the various divisions/sections/units/offices of the Bureau through appropriate Personnel Orders issued by the Commissioner. Resources and other logistical requirements shall be sourced out from existing appropriations subject to the usual government accounting and auditing rules and regulations.

SECTION 5. 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 6. Repealing Clause - All department orders, circulars, issuances, or memoranda that are inconsistent with this Order are hereby repealed, amended or modified accordingly.

SECTION 7. Effectivity Clause - This Order shall effect immediately.

Let copies of this Order be filed with the Office of the National Administrative Register (ONAR), U. P. Law Center, Diliman, Quezon City.

Adopted: 10 July 2009

Acting Secretary

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