MANILA, Philippines – The Philippine justice department will soon issue new deportation rules stating that once the foreigner is ordered deported, he or she will have to leave after 30 days from the decision – even if it’s on appeal.

“After 30 days of receipt of deportation order, unless stayed by the Secretary of Justice or the President (they would have to leave the country),” Justice Undersecretary for Immigrations Markk Perete said on Friday, November 1.

The new rules will be published on Wednesday, November 6, and would take effect 15 days after publication, said Perete.

Under current procedures, Perete said foreigners deported by the Bureau of Immigrations (BI) are allowed to stay in the Philippines once they have filed their appeal before the Department of Justice (DOJ). The BI is an attached agency to the DOJ.

Perete said this is inconsistent with the Administrative Code.

Section 10, Chapter 3 of the Administrative Code says the BI’s deportation order becomes final and executory in 30 days “unless within such period the President shall order the contrary.”

“Better ‘yung policy ng Administrative Code (the policy under the Administrative Code is better) because we don’t have the facility to hold them,” Perete said.

“Automatic dapat ang deportation which means aalis talaga sila at babalik na lang sila after, if ever their petition is granted,” he added. (Their deportation should be automatic which means they should leave and they can just return after, if ever their petition is granted.)

‘No facility’

Perete said the BI’s Bicutan facility for detained foreigners and aliens “is so small to accommodate a lot of deportees.”

“For some reason, many of those who are to be deported would prefer to stay here in the Philippines rather than be deported. It boggles me, even if overcrowded kung saan sila nakatira (where they are),” said Perete.

BI’s 2015 Omnibus Rules of Procedure allow for bail.

Section 2, Rule 7 of BI Memorandum Circular No. SBM-205-010 says, “at any time after his arrest but before the finality of the deportation order (which includes the re-opening of a deportation case) and as long as the deportation records are with the BI, the foreigner may file before the Commissioner a verified petition for release on bail.”

Perete has not responded to the question about how the new rules will affect the provision for bail. – Rappler.com