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(NAR) VOL. 26 NO. 1/ JANUARY - MARCH 2015
[ BI Operations Order No. SBM-2015-008, March 18, 2015 ]
IMPLEMENTATION OF DEPORTATION ORDERS AGAINST RESPONDENTS ENGAGED IN ILLEGAL MINING
Date Filed: 31 March 2015
WHEREAS, the 1987 Philippine Constitution, Art. XII, Section 12 and pertinent laws provide that the exploration, development, and utilization of natural resources shall be under the full control and supervision of the State.
WHEREAS, illegal mining poses a serious risk to public safety and general welfare;
WHEREAS, there has been a surge of foreigners engaging in illegal mining;
WHEREAS, there is a need to ensure that these foreigners answer for their possible criminal liabilities before they are deported;
NOW THEREFORE, pursuant to the Commissioner’s rule-making authority under Commonwealth Act No. 613, Section 3, the following shall be observed:
Section 1. Duties of the Legal Division. - Before implementing the deportation order against a foreigner suspected to be engaged in illegal mining, the Chief, Legal Division, through the Deportation Implementation Unit (DIU), shall secure clearances from the National Prosecution Service (NPS) and the Office of the Justice Secretary (OSEC), in addition to the National Bureau of Investigation (NBI) clearance.
Section 2. Repealing Clause. - All rules, procedures, guidelines and previous issuances inconsistent herewith are hereby repealed and/or modified accordingly.
Section 3. Effectivity. - This Operations Order shall take effect immediately upon approval.
Furnish a copy of this Operations Order to the Office of the National Administrative Register (ONAR), U.P. Law Center, U.P. Diliman, Quezon City.
18 March 2015
Commissioner