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(NAR) VOL. 23 NO. 1, JANUARY - MARCH 2012

[ BI MEMORANDUM ORDER NO. RADJR-2012-006, February 24, 2012 ]


Adopted: 24 February 2012
Date Filed: 07 March 2012

The following guidelines pertaining to the hiring and employment of Confidential Agents shall be used pursuant to ongoing personnel and organizational reforms being implemented in the Bureau.

Section 1. Policy – It shall be the policy of the Bureau of Immigration to recruit and select Confidential Agents who possess integrity, dedication and competence in the performance of their duties and responsibilities. Being a law enforcement agency, the Bureau must ensure that Confidential Agents are selected based on established criteria and employed under a condition that allows professional growth within the organization.

Section 2. Minimum Qualifications – All applicants for Confidential Agents shall possess the following:

  1. A college degree
  2. Certification of no pending case pending before Department of Justice, court or any other tribunal
  3. Certification of computer literacy or any other proof of computer-related training or experience
  4. National Bureau of Investigation Clearance

Provided that Confidential Agents already employed in the Bureau and are subject to renewal of their respective contract of employment upon the effectivity of this Memorandum Order shall be given reasonable time to complete such requirements.

Provided further, that the minimum educational qualification set forth in paragraph (a) shall not apply to: (1) applicants for Confidential Agents who shall be hired and/or assigned as driver and/or security detail at the Office of the Commissioner, Associate Commissioners, Office of the executive director and division Chiefs; (2) skilled and technical Confidential Agents primarily for manual labor; (3) Confidential Agents hired to perform tasks that are highly confidential in nature, subject to the discretion of the Commissioner.

Section 3. Application Requirements – no Confidential Agents shall be hired by the Bureau unless he/she submits the following:

  1. A letter of application addressed to the Commissioner
  2. duly filled up application form;
  3. Personal data Sheet (CSC Form 212)
  4. A disclosure statement indicating all relatives in the Bureau of Immigration and department of Justice within the fourth (4th) civil degree of consanguinity and affinity
  5. For renewal of contract, a recommendation for renewal endorsed by the respective division Chief or head of Unit/Section where the Confidential Agent is assigned stating the qualifications, the tasks assigned.
  6. For renewal of contract, a duly accomplished performance review or appraisal form (Annex A) for the rating period immediately preceding the renewal.

Section 4. Selection Process – With the exception of Confidential Agents subject to renewal of contract, all applicants for Confidential Agents shall be required to undergo the following:

  1. Formal interview with any or all of the following: (1) Chief, Personnel Section; (2) Chief of the Administrative division; and (3) Associate Commissioner-in-Charge
  2. Short General Aptitude exam to be administered by the Personnel Section and/or Basic Computer Literacy Test to be administered by the Information and Communications Technology Section (ICTS)
  3. Physical, Medical and Psychological Clearance at the expense of the applicant

Upon favorable recommendation of the Associate Commissioner-in-Charge, the application containing all the requirements set forth in Section 2 and Section 3, including the interview and exam results shall be transmitted to the Commissioner for approval and issuance of a Personnel Order.

Section 5. Inclusion in the Roster of Candidates for Plantilla Positions – All Confidential Agents who have served the Bureau for at least three (3) consecutive years, possess all the requirements for permanent position, and have satisfactorily performed their respective duties and responsibilities in the Bureau shall be included in a Roster of Candidates for Plantilla Positions to be maintained by the Personnel Section. Confidential Agents included in the said Roster shall be given preference or priority in the selection process for entry-level positions in the Bureau.

Section 6. Termination of Employment – Notwithstanding the existence of an employment contract, the Commissioner reserves the right to pre-terminate the services of a Confidential Agent at anytime based on the following:

  1. Upon the recommendation of the immediate superior for violation of existing office rules and procedures;
  2. Upon the commission of actions resulting in serious misconduct, willful disobedience to lawful orders, gross and habitual neglect of duties, fraud or willful breach of trust, dishonesty, commission of a crime or offense, habitual absence and/or tardiness, gross inefficiency and conflict of interest; or
  3. Upon any other causes as may be determined by the Commissioner

Section 7. Prohibitions to Employment – The following are prohibited from being employed as Confidential Agent of the Bureau:

  1. Persons who have relatives within the fourth (4th) civil degree of affinity and consanguinity in the Bureau, department of Justice proper and its attached agencies and instrumentalities.
  2. Persons lacking qualifications as provided in Section 2, hereof
  3. Former Confidential Agents whose contract of employment was not renewed because of a derogatory information or dismissed from the Bureau due to any causes provided in Section 6, hereof.

Section 8. Accountability – Subject to the provisions of existing laws and regulations, all Confidential Agents are accountable to all monies, properties, equipment entrusted to him/her for safekeeping or use. All Confidential Agents are likewise bound by Government regulations pertaining to security of documents and information. Failure to observe the provisions of this Section shall be a ground for immediate termination of employment with prejudice to future re-employment in the Bureau.

Section 9. Attrition Policy – The Contracts of Confidential Agents who had served the Bureau for cumulative period of five (5) years with or without interruption and has not been appointed to any permanent position in the Bureau shall no longer be renewed.

Section 10. Grace Period – Upon the effectivity of this Order, Confidential Agents who have already rendered at least five (5) years of service shall be given two (2) years to be appointed to permanent position. Contracts of Confidential Agents under this Section who fail to get regular appointments shall no longer be renewed.

Section 11. Implementing Offices – the Committee on CA Hiring and Selection and the Personnel Section shall be primarily responsible in implementing the provisions of this Order.

Section 12. Supercession Clause – All Bureau orders, circulars, issuances, memoranda that are inconsistent with this Order are hereby amended or modified accordingly.

Section 13. Effectivity Clause – This Order shall take effect immediately.

Let copies of this Order be deposited in the Office of the national Administrative register (ONAR), University of the Philippines Law Center.

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