Republika ng Pilipinas KAGAWARAN NG KATARUNGAN

Department of Justice Manila

ELC-DC-1F16-

DEPARTMENT CIRCULAR No.

SUBJECT: REVOCATION OF BUREAU OF IMMIGRATION'S (BI) 12 APRIL 1999 MEMORANDUM ON ADMINISTRATIVE FINES

DATE: 1 3une 2016

WHEREAS, on 12 April 1999, former BI Commissioner issued a Memorandum on

Administrative Fines imposing a fine of PhP 50,000.00 per violation of Section 44(c) of the Philippine Immigration Act of 1940, as amended;

WHEREAS, the increase of the said amount from the previous amount of PhP

5,000.00 was premised on the insufficiency of the previous amounts fixed to act as a deterrent against airlines and shipping companies from transporting foreign nationals who are in violation of Philippine immigration laws;

WHEREAS, in a case that has come before this Department's cognition,

Air Philippines Corporation versus the Bureau of Immigration, it was convincingly argued

before us that the imposition of the fine of PhP 50,000.00 has no basis in law, specifically the Philippine Immigration Act of 1940;

WHEREAS, Section 44(c) of the law fixes the fine imposable in this circumstance at

an amount of PhP 500.00 per violation;

WHEREAS, there is no provision in the Philippine Immigration Act of 1940 or the Administrative Code of 1987 permitting the Commissioner of Immigration to adjust the amount of the imposable fine stated under Section 44(c);

WHEREAS, in view of this, there is good reason to revoke the 12 April 1999

Memorandum on Administrative Fines, there being no legal basis for the issuance thereof;

NOW, THEREFORE, pursuant to the provisions of existing laws, the undersigned orders the following:

Section 1. The 12 April 1999 BI Memorandum on Administrative Fines is hereby revoked/repealed.

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Section 2. The BI is hereby prohibited from charging fines against airlines and shipping companies in accordance with the said Memorandum as well as issuances which contravene Section 44(c) of the Philippine Immigration Act of 1940.

Section 3. This Department's Legislative Liaison Office and the 13I's Legal Office are hereby directed to coordinate with each other for the purpose of proposing legislation amending Section 44(c) to adjust the imposable fine under the said provision of the Philippine Immigration Act of 1940 to conform with the present value of Philippine currency.

Section 4. If any provision of this Circular is declared invalid or unconstitutional, the provisions not so affected thereby shall continue in force and effect. Nothing in this issuance shall be construed to limit the authority of the Secretary of Justice over immigration matters as provided under existing laws and presidential issuances.

Section 5. Apart from the 12 April 1999 Memorandum, all previous circulars, orders, and/or instructions inconsistent herewith are deemed repealed, amended, and/or modified accordingly.

Section 6. This Circular shall take effect immediately.

EMffiAfq1 fl. CAPARAS Secretary/17— Department of Just eN 9201606104 ce

R11111/14111

Copy furnished:

Solicitor General FLORIN T. HILBAY 134 Amorsolo Street, Legaspi Village Makati City

CAC.MTLL

C: \Users \ DOADocuments \Justice \OSec\ABSC-ELC\ MTLL \ Miscellaneous \ DC on SI fines, Section 44c.doc

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