Published — May 25, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
WHEN MAY AN ALIEN BE DEPORTED? Read also, CLASSES OF ALIENS WHO ARE NOT ALLOWED TO ENTER IN THE PHILIPPINES
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Aliens shall be arrested upon the warrant of the Commissioner of Immigration
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No alien shall be deported without being informed of the specific grounds for deportation
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In a deportation proceeding involving the entry of an alien, the alien must prove that he lawfully entered the Philippines
Under Commonwealth Act No. 613, otherwise known as “The Philippine Immigration Act of 1940”, aliens may be deported from the Philippines. What are the grounds for deportation?
The law says:
The following aliens shall be arrested upon the warrant of the Commissioner of Immigration (Commissioner) or of any other officer designated by the Commissioner for the purpose and deported upon the warrant of the Commissioner of Immigration after a determination by the Board of Commissioners of the existence of the ground for deportation:
- Any alien who enters the Philippines by means of false and misleading statements or without inspection and admission by the immigration authorities at a designated port of entry;
- Any alien who enters the Philippines who was not lawfully admissible at the time of entry;
- Any alien who is convicted in the Philippines and sentenced for a term of one year or more for a crime involving moral turpitude committed within five years after his entry to the Philippines, or who, at any time after such entry, is so convicted and sentenced more than once;
- Any alien who is convicted and sentenced for a violation of the law governing prohibited drugs;
- Any alien who practices prostitution or is an inmate of a house of prostitution or is connected with the management of a house of prostitution, or is a procurer;
- Any alien who becomes a public charge within five years after entry from causes not affirmatively shown to have arisen subsequent to entry;
- Any alien who remains in the Philippines in violation of any limitation or condition under which he was admitted as a nonimmigrant;
- Any alien who believes in, advises, advocates or teaches the overthrow by force and violence of the Government of the Philippines, or of constituted law and authority, or who disbelieves in or is opposed to organized government or who advises, advocates, or teaches the assault or assassination of public officials because of their office, or who advises, advocates, or teaches the unlawful destruction of property, or who is a member of or affiliated with any organization entertaining, advocating or teaching such doctrines, or who in any manner whatsoever lends assistance, financial or otherwise, to the dissemination of such doctrines.
Although the law has provided grounds for deportation, take note that no alien shall be deported without being informed of the specific grounds for deportation nor without being given a hearing under rules of procedure of the Commissioner of Immigration.
Furthermore, in any deportation proceeding involving the entry of an alien, he shall prove that he entered the Philippines lawfully. In case an alien was under arrest in a deportation proceeding, he may be released under bond or under such conditions as may be imposed by the Commissioner of Immigration.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding illegal dismissal, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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