In preparation for the coming
integration of the economies of the Association of Southeast Asian
Nations (ASEAN) in 2015, the Philippine bureaucracy has been pursuing
reforms in various areas. Immigration is one of them.
Commonwealth Act No. 613, also known
as the Philippine Immigration Act (PIA) of 1940, is one of the oldest
existing laws in the Philippines. It passed through the second National
Assembly under the leadership of then Speaker Jose Yulo on May 2 that
year, was signed by President Manuel L. Quezon on May 26 and approved by
American President Franklin D. Roosevelt on August 26. The Commonwealth
of the Philippines was an American protectorate at that time.
The PIA mandated the creation of the
Bureau of Immigration, initially under the administrative supervision of
the Department of Labor but now under the Department of Justice. The
Bureau’s mandate is to regulate the entry, exit, and movement of foreign
nationals in the country.
It is worth noting that the PIA is the most advanced law of its time, and was among the first of its kind to define the terms refugees and stateless persons. Its
legislation was heavily influenced by the influx of Jewish refugees in
1933– the Philippines was one of a few countries that provided refuge to
Jewish victims of the early phases of the Holocaust then. Later on, the
PIA would provide an inspiration to the enactment of the United Nations
Convention relating to the status of Refugees (CRSR) and United Nations
Convention Relating to the Status of Stateless Persons (CRSSP), which
were ratified in 1951 and 1954, respectively.
Seventy-three years and twenty-five
commissioners later, the said law is still in effect with few amendments
to its original provisions. In 1950, the Alien Registration Act was
enacted to supplement the PIA.
Yet, the present conditions of
migration, travel, and other circumstances have evolved tin such a way
that it has become very difficult for immigration officials to deal with
the present situation. To cater to these needs, various circulars,
memoranda, immigration, administrative and operation orders have been
formulated. Such actions on the part of the Office of the Commissioner,
the Department of Justice (DOJ), and, sometimes, even the Office of the
President; however, are not enough to accommodate such changes. Crafting
a new law to make it more relevant in today’s time would be more
appropriate to give it more teeth and expand its authority.
For instance, accordance with the PIA,
the Bureau of Immigration has seven divisions that work along with the
Office of the Commissioner, two associate commissioners and an executive
director. These divisions are the Board of Special Inquiry,
Intelligence Division, Law and Investigation Division, Immigration
Regulation Division, Alien Registration Division, Administrative
Division and the Finance and Management Division. Evolving challenges,
however, have necessitated the creation of new divisions through the
years.
In 2008, the Airport Operations
Division (AOD) was created under a Memorandum Circular of the DOJ, then
under the stewardship of acting secretary Agnes Devanadera. The mandate
of the AOD is to manage the Immigration operations in the country’s
twelve international airports and one international seaport. In the same
year, a twenty-four hou Operations Office was created by then
Immigration Commissioner Marcelino C. Libanan. It has been renamed the
Bureau of Immigration National Operations Center (BINOC) and is under
the direct supervision of the Office of the Commissioner. The function
of the BINOC is to monitor the operations of all international ports of
entry and exit as well as supplement the manpower of the field
operations. It is also a data generating office that has the same
function as that of the Strategic Operations Division of the Philippine
National Police (PNP) and Armed Forces of the Philippines (AFP). In
2012, then Commissioner Ricardo A. David, Jr. through a Memorandum
Circular created the Verification and Compliance Division (VCD) which is
tasked to conduct post-audit in all of its transactions.
It is important to note that these
important and crucial operational matters have been instituted only
through a memorandum which can be revoked anytime by the Commissioner or
by the Secretary of Justice. To ensure continuity, a new immigration
law is needed.
The said law must meet the evolving
demands in areas like migrations, human and drug
trafficking, transnational prostitution of women and children, border
controls, travel and leisure, among other things. It should also equip
Immigration administrators the much needed power to intensify their
campaign to eradicate transnational crimes and international smuggling,
as well as in prosecuting foreign nationals violating Immigration
regulations.
Commissioner Libanan, who served from
2008 to 2010, had attempted to urge Congress to pass a new immigration
law in order to meet the evolving demands on the Bureau. Similarly, in
2012, Commissioner David asked Congress for a similar piece of
legislation. A bill was submitted in the House of Representatives, but
the impeachment of Ombudsman Merceditas Guttierez and Chief Justice
Renato Corona and the 2013 elections overtook the bill’s passage. The
bill did not see the light of day in the 16th Congress.
This year, under the new leadership of
Commissioner Siegfred B. Mison, talks on the passage of the said bill
has gained momentum once again. It has garnered support from key
officials in the present government. House Speaker Feliciano Belmonte
will be the principal sponsor for the new immigration bill, which has
been certified it as a priority. President Benigno S. Aquino III
supports its passage. It’s time the former Immmigration commissioners in
Congress, Senator Miriam Defensor-Santiago and Congressman Rufus B.
Rodriguez of Cagayan de Oro, support the bill too.
