New BI rules mandate deportation of foreigner after 30 days despite appeal: DOJ official

November 1, 2019

The Department of Justice will implement a new deportation rule mandating that once a foreigner is ordered deported, the person has to leave the country after 30 days, even if the case is still pending appeal.

Justice Secretary Markk Perete said the new rules will be published on Wednesday, November 6. It takes effect 15 days after publication.

"After 30 days of receipt of deportation order, unless stayed by the Secretary of Justice or the President they have to leave the country," Perete said in an interview.

Under existing deportation rules, foreigners ordered for deportation by the Bureau of Immigration are allowed to stay once they have an appeal before the DOJ, which has administrative supervision over the Bureau of Immigration.

Perete, the undersecretary for immigration affairs, said the new rules conform with the Administrative Code.

Section 10, Chapter 3 of the Administrative Code states that the BI's deportation order becomes final and executory in 30 days "unless within such period the President shall order the contrary."

“The policy under the Administrative Code is better because we don’t have the facility to hold them," the DOJ official stressed.

“The deportation of foreigners should be automatic, meaning they should leave and they can just return after if ever their petition is granted,” he said.

"For some reason, many of those who are to be deported would prefer to stay here in the Philippines rather than being deported,” he said. DMS