EXECUTIVE ORDER NO. 287 - ESTABLISHING NEW OPERATIONAL GUIDELINES FOR THE COMMISSIONER OF IMMIGRATION IN THE INTEREST OF NATIONAL SECURITY, PUBLIC SAFETY, PUBLIC HEALTH AND/OR NATIONAL INTERESTS

WHEREAS, pursuant to Presidential Decree No. 830 dated November 27, 1975 and Letter of Implementation No. 47 dated August 18, 1976 in relation to Book IV, Title III, Chapter 10, Sec. 31 of the Administrative Code of 1987 (E.O. 292), the power and authority to deport undesirable aliens is within the exclusive jurisdiction of the Immigration Board of Commissioners presided over by the Commissioner of Immigration;

WHEREAS, under Article VII, Section 17 of the 1987 Constitution, in relation to Book III, Title I, Chapter 1, Section 1, of E.O. 292, the Commissioner of Immigration is under the control of the Chief Executive insofar as the authority to deport undesirable aliens who are in violation of immigration laws, rules and regulations is concerned;

WHEREAS, it is necessary to establish new administrative procedures that will enable the Commissioner of Immigration to promptly address the issue of undesirable aliens, who, because of their well established nefarious activities in the Philippines, pose a clear and present danger to the national security, public safety, public health, and national interests.

NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby promulgate the following new operational guidelines for implementation by the Commissioner of Immigration:  

Section 1. Authority to Issue Mission Orders for Verification and Investigation of Suspected Illegal Aliens. — Upon a well-founded and reasonable determination by the Commissioner of Immigration, based on available and verifiable civilian, immigration, or military intelligence reports, that an alien has committed, is actually committing or is about to commit an act or omission in violation of immigration laws, rules and regulations, or in violation of Philippine laws, rules and regulations, which may constitute grounds for deportation, the Commissioner of Immigration or in his absence, the Acting Commissioner of Immigration is hereby authorized, in the interest of national security, public health, public safety and/or national interests, to issue a mission order directing appropriate officers of the Bureau of Immigration, whether organic or on detail, to conduct verification and investigation operations against the alien or aliens concerned, and if probable cause exists, to effect a warrantless arrest of such alien or aliens in accordance with Sec. 5, Rule 113 of the Rules of Court, if found in flagrante violating Philippine Immigration laws.

Sec. 2. Submission of Reports to the President. — The Commissioner of Immigration shall furnish the Office of the President a monthly report of deported aliens with their nationalities and the grounds for their deportation, copy furnished the Secretary of Justice.

Sec. 3. Repealing Clause. — Provisions of other executive issuances and departmental orders inconsistent herewith are hereby repealed or modified accordingly.

Sec. 4. Effectivity. — This Executive Order shall take effect immediately. 

Done in the City of Manila, this 4th day of September, in the year of Our Lord, Two Thousand.

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Since 19.07.98.