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This supplements Operations Order No.  SBM-2015- “Implementation of Deportation Order”. entitled

Rule  1.  Basis  of  Warrants  for  Deportation.  –  Warrants  for  deportation (WOD)  shall  be  issued  by  the  Commissioner   of  Immigration  or  any  officer designated by him, after a final determination by the Board of Commissioners  or any competent authority of the existence of a ground for deportation as charged against the foreigner.

Rule 2. WOD Contents and Validity Period. - The WOD, which is valid for 30 days from its issuance, shall include the: (a) Foreigner’s known name and, if any, alias/aliases; (b) Residence/Domicile; (c) Other significant personal circumstances  and/or  physical  features;  (d)  Deportation  case  docket  no.;  (e) WOD  date  of  issuance  and  (f)  An  Arrest  Order  from  the  Commissioner  of Immigration or any officer designated by him.

Rule 3. Duties of the Legal Division. Proof of Service. Waiver. - Within 48 hours  upon  finality  of  a  deportation  order,  judgment  or  resolution  the  Legal Division (LD) shall prepare a WOD, with proof of service, for the Commissioner’s approval.

Proof of service  shall be waived  in case the foreigner  of a WOD  is a: (a) Fugitive; (b) Illegal entrant; or (c) Undocumented^[1].

Rule 4. Duty of LD. WOD Approval, Implementation  and Arrest. Record of WOD. - LD shall without delay forward the approved WOD to the Intelligence Division, for immediate implementation and arrest of the foreigner. LD shall retain a copy of the WOD in the foreigner’s deportation records.

Rule 5. WOD Service by Intelligence Division. Assistance of Law- enforcement Agencies. - Upon receipt of the WOD under Rule 4, the Commissioner’s   duly-authorized   intelligence  personnel  shall  serve  the  WOD upon the foreigner. The assistance of law-enforcement agencies may, when necessary, be requested for the WOD’s service.

Rule 6. Special Directives for WOD’s Service. - Foreigners arrested under Rule 4 shall without delay be brought to the Intelligence Division for biometric- capturing and Post-mission Report proceedings.

The Commissioner’s  duly-authorized  intelligence personnel, who shall serve the WOD under Rule 5, shall strictly comply with RA 7438.^[2]

The Chief of Intelligence Division shall also ensure effective conformity under related laws, rules and regulations governing the arrest of foreigners.

Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers. -

(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any person for the commission of an offense shall inform the latter, in a language known to and understood by him, of his rights to remain silent and to have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent and independent counsel by the investigating officer.

(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such report is signed, or thumb-marked if the person arrested or detained does not know how to read and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer in the language or dialect known to such arrested or detained person, otherwise, such investigation report shall be null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and signed by such person in the presence of his counsel or in the latter’s absence, upon a valid waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or under custodial investigation, shall be in writing and signed by such person in the presence of his counsel; otherwise the waiver shall be null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of his immediate family, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, or by any national non-governmental organization duly accredited by the Commission on Human Rights of by any international non-governmental organization duly accredited by the Office of the President. The person’s immediate family shall include his or her spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.

As used in this Act, custodial investigation shall include the practice of issuing an invitation to a person who is investigated in connection with an offense he is suspected to have committed, without prejudice to the liability of the inviting officer for any violation of law.

Rule  7.  WOD  Return.  Post-mission  Report.  –  Personnel  under  Rule  5 shall, within 24 hours from the foreigner’s arrest, submit to the LD: (1) A Post- mission Report detailing the WOD’s service and foreigner’s arrest; (2) Detailed inventory  of  any  item  seized  from  the  foreigner  and  the  foreigner’s address/domicile, if any; and (3) The foreigner’s biometric data.

Rule 8. Remanding Custody of Foreigner to the BI Warden’s Facility (BIWF). - Upon the foreigner’s arrest via WOD, the Chief of Intelligence Division shall,  with  the  corresponding  LD-issued  Commitment  Order,  remand,  without delay, the foreigner’s custody to the BIWF’s Warden.

Rule 9. Duties of the BIWF. - Upon actual custody of the foreigner under Rule 7, BIWF’s Warden or his duly-authorized  officer shall register the following in an Official  Registry:  (a) Names  of BI personnel,  who  remanded  foreigner’s custody   to  the  BIWF   Warden;   (b)  Foreigner’s   known   name   and,   if  any, alias/aliases;   (c)   Copy   of  the   WOD;   (d)   Original   copy   of  the   LD-issued Commitment Order, except when the foreigner is delivered on a non-working day and  (e)  Detailed  inventory  of the  foreigner’s  personal  effects  received  by  the BIWF, if any.

Rule  10.  Non-service  of  WOD.  Duties  of  Intelligence  Division.  Alias WOD. - In case of the WOD’s non-service after 30 days under Rule 2, the Chief of Intelligence Division shall within 72 hours submit a detailed WOD Non-service Report to the Commissioner and LD Chief.

Upon  receipt  of  the  WOD  Non-service  Report  copy,  the  LD  Chief  shall without delay prepare an Alias WOD for the Commissioner’s approval.

The Alias WOD shall remain valid until the actual arrest of the foreigner concerned. The Chief of Intelligence Division shall implement the Alias WOD and submit weekly Alias WOD Status Reports  to the Commissioner.  These reports shall  form  part  of  the  Intelligence  Division’s  over-all  performance  evaluation under civil service rules.

Rule 11. Repealing Clause. - All rules, procedures, guidelines and previous issuances  inconsistent  herewith  are  hereby  repealed  and/or  modified accordingly.

Rule   12.   Effective   Date.   -   This   Operations   Order   shall   take   effect immediately upon approval.

Send  a  copy  of  this  Operations   Order  to  the  Office   of  the  National Administrative Register, UP Law Center, Diliman, Quezon City.

08 October 2015.

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^[1] Deportation orders on fugitives, illegal entrants and undocumented foreigners are immediately executory.

^[2] AN  ACT  DEFINING CERTAIN RIGHTS OF  PERSON ARRESTED, DETAINED OR  UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF