SPECIAL CASES: DOJ / BI Memo on Departure Formalities

GUIDELINES ON DEPARTURE FORMALITIES FOR INTERNATIONAL-BOUND PASSENGERS IN ALL AIRPORTS AND SEAPORTS IN THE COUNTRY

DOJ-BI Memorandum dated 03 January 2012

Pursuant to Republic Act No. 9208, otherwise known as the “Anti-Trafficking in Persons Act of 2003”, and its Implementing Rules and Regulations, Republic Act No. 8042, otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995”, as amended by Republic Act No. 10022 and other related laws, the following guidelines, providing for definite parameters in the strict enforcement of immigration departure formalities intended for the prevention of trafficking in persons, illegal recruitment, and other related offenses, are hereby promulgated for strict implementation/compliance by all concerned:

1. FOR FINAL INTERVIEW/QUALIFYING EXAM

Workers to undergo final interview/qualifying exam as required by their prospective employers shall present the Philippine Overseas Employment Administration’s (POEA) Special Exit Clearance. In the absence of thereof, passengers shall not be cleared for departure.

2. ON THE JOB TRAINING

Travelers intending to depart to another country for the purpose of on-the-job training shall present the following additional documents:

• i. School certification on the need for on-the-job training
• ii. Acceptance by the host company
• iii. Certificate of Overseas Training by the Commission on Higher Education (CHED)

3. For relatives requesting for compassionate visit

To an irregular worker abroad, a certification from Department of Foreign Affairs (DFA-OUMWA) must be secured.



4.Immediate family members of Overseas Filipino Workers (OFWs)

travelling with a tourist/ temporary visitor’s visa shall be allowed without need of further inspection, provided, they establish relationship within the first civil degree of consanguinity or affinity (spouse, children and parents) with the OFW and provided further that they present photo copies of the following documents of the Overseas Filipino worker:

• a) Passport
• b) Visa
• c) Overseas Employment Certification
• d) NSO authenticated birth/marriage certificate, as the case may be

 5. Passengers who intend to depart for intra-company trainings abroad

 for less than three (3) months shall present an invitation from the host company reflecting the duration, entitlements, travel and other incidental expenses; while those exceeding three (3) months shall present the corresponding Trainorship Agreement containing all the above data.

6. IMMIGRANT OR PERMANENT RESIDENT VISA

6A. Filipino emigrants/residence visa or permit holders / permanent resident card holders

Travelers falling under this visa category shall present the following documents for primary inspection: 

• a) Passport
• b) Permanent residence visa / immigrant visa / permanent residence card
• c) CFO Emigrant registration sticker
• d) Airline/Sea Craft ticket

 6B. Filipino spouses and other partners of foreign nationals

Travelers falling under this visa category shall present the following documents for primary inspection:

• a) Passport
• b) Permanent residence permit or visa / immigrant visa / permanent residence card
• c) Guidance and Counseling Certificate
• d) CFO Emigrant registration sticker
• e) Airline/Sea Craft Ticket

 6C. Filipino J1 visa holders or Exchange Visitor Program Participants Departing for the USA

Travelers falling under this visa category shall present the following documents for primary inspection:

• a) Valid passport
• b) Valid J1 visa for USA 

 Bureau of Immigration: GENERAL GUIDELINES

1. Travelers presenting fake/fraudulent passports, documents, immigration stamp shall be confiscated by the BI without prejudice to any other action that may be taken against said passenger.

• 2. The Bureau of Immigration shall turn-over the confiscated passports and other fake/fraudulent documents to the DOJ-IACAT for appropriate action.
• 3. Passengers who were not cleared for departure by reason of vulnerability to trafficking, illegal recruitment, or other related crimes, shall be immediately turned over by the Bureau of Immigration to the IACAT Task Force or to designated agency/ies for mandatory services provision, such as temporary shelter, legal assistance, or psycho-social interventions, and for more in-depth information-gathering.
• 4. Immigration Officers, in the performance of their functions and duties, shall adhere to the principles of Courtesy, Accountability, Responsibility, Efficiency and Service (BI – C.A.R.E.S.). The Bureau shall, likewise, institute a mechanism for immediate feedback and redress of grievances of passengers.
• 5. All agencies and Task Forces designated for the purpose of combating trafficking in persons, illegal recruitment, and other related crimes are hereby directed to revise existing procedures and systems to complements these guidelines within one (1) month from the effectivity thereof, to be submitted to the IACAT and PTFAIR for review and evaluation.