[ BI INTELLIGENCE DIVISION REGULATION NO. ADD-02-001, APRIL 1, 2002, April 01, 2002 ]
INTELLIGENCE DIVISION REGULATION NO. ADD-02-001, APRIL 1, 2002 LEGAL AND INVESTIGATION DIVISION REGULATION NO. ADD-02-001 BOARD OF SPECIAL INQUIRY REGULATION NO. ADD-02-001 ADDITIONAL GUIDELINES FOR THE ARREST, DETENTION AND INVESTIGATION OF ALIENS
The Commissioner of Immigration issues mission orders for the conduct of verification and investigation operations against an alien by authority of Executive Order (E.O.) No. 287 (series of 2000) in the interest of national security, public health, public safety and/or national interest. By virtue of E.O. No. 287, BI intelligence officers/agents are authorized to effect the arrest of aliens under Rule 113, Section 5, if found in flagrante in violation of Philippine immigration laws, rules and regulations.
Thus, immediately after the arrest of the alien concerned, the BI Intelligence Chief shall:
1. Submit two (2) copies of the verified and detailed post mission narrative of the facts and circumstances concerning the arrest of the alien to the Commissioner of Immigration and the BI Investigation Officer;
2. Attach, in chronological order, all pertinent documents in support of the post mission narrative in paragraph (1); and
3. Ensure that an alien under detention shall only be released upon written authority from the Commissioner of Immigration under Commonwealth Act No. 613, Sections 37 (e) 40 (a) (3).
The BI Investigation Officer concerned shall prepare the Charge Sheet against the alien within six (6) hours from receipt of a copy of the verified and detailed post mission narrative from the BI Chief of Intelligence Division. The Charge Sheet shall indicate the relevant acts or omissions and the specific violation(s) of existing immigration law, rules and regulations. Thereafter, the Charge Sheet shall be immediately referred to the Board of Special Inquiry for the conduct of deportation proceedings.
These additional guidelines shall be strictly observed and shall take effect immediately.
Adopted: 1 April 2002
Thus, immediately after the arrest of the alien concerned, the BI Intelligence Chief shall:
1. Submit two (2) copies of the verified and detailed post mission narrative of the facts and circumstances concerning the arrest of the alien to the Commissioner of Immigration and the BI Investigation Officer;
2. Attach, in chronological order, all pertinent documents in support of the post mission narrative in paragraph (1); and
3. Ensure that an alien under detention shall only be released upon written authority from the Commissioner of Immigration under Commonwealth Act No. 613, Sections 37 (e) 40 (a) (3).
The BI Investigation Officer concerned shall prepare the Charge Sheet against the alien within six (6) hours from receipt of a copy of the verified and detailed post mission narrative from the BI Chief of Intelligence Division. The Charge Sheet shall indicate the relevant acts or omissions and the specific violation(s) of existing immigration law, rules and regulations. Thereafter, the Charge Sheet shall be immediately referred to the Board of Special Inquiry for the conduct of deportation proceedings.
These additional guidelines shall be strictly observed and shall take effect immediately.
Adopted: 1 April 2002
(SGD.) ANDREA D. DOMINGO
Commissioner
Commissioner