Deportation in the Philippines is an exercise of the State’s inherent power of self-preservation. It is an administrative act by which the government expels an undesirable alien whose presence is deemed detrimental to the public interest, safety, or order. The primary governing law is Commonwealth Act No. 613, otherwise known as the Philippine Immigration Act of 1940, as amended.

I. Legal Grounds for Deportation

Section 37 of the Philippine Immigration Act enumerates the specific instances where a foreign national may be arrested and deported. These grounds generally fall into categories of illegal entry, visa violations, and criminal or moral turpitude.

Illegal Entry: Any alien who enters the Philippines without inspection and admission by immigration authorities at a designated port of entry, or through fraudulent representation.
Overstaying: Remaining in the country beyond the period of stay authorized by the Bureau of Immigration (BI) or after the expiration of a valid visa.
Violation of Visa Conditions: Engaging in activities not authorized by the specific visa category (e.g., working on a tourist visa or switching employers without Department of Labor and Employment clearance).
Conviction of Crimes: Foreign nationals convicted of crimes involving moral turpitude (e.g., fraud, theft, or sexual offenses) or those sentenced to imprisonment for a term of one year or more.
Public Charge: Becoming a financial burden on the State or lacking the means of support.
Subversive Activities: Engaging in or advocating for the overthrow of the Philippine government by force or violence, or belonging to organizations that promote such doctrines.
Narcotics Violations: Any involvement in the illegal importation, sale, or possession of prohibited drugs.
Undesirability: A broad category often used for aliens whose presence is deemed a threat to national security, public health, or public morals.

II. The Deportation Process

The deportation process is administrative, not criminal, in nature. This means that while constitutional due process applies, the standard of proof required is "substantial evidence" rather than "proof beyond reasonable doubt."

1. Investigation and Charge Sheet

The process usually begins with a complaint or an intelligence report. If a prima facie case exists, the BI Law Enforcement Division conducts an investigation. If merit is found, the Special Prosecutor issues a Charge Sheet against the alien.

2. The Warrant of Deportation

The Commissioner of Immigration issues a Mission Order for the arrest of the alien. Following the arrest, the alien is typically detained at the BI Detention Center (usually in Camp Bagong Diwa, Bicutan) pending the resolution of the case.

3. Hearing before the Board of Commissioners (BOC)

The case is heard by the BI Board of Commissioners. The alien has the right to be represented by counsel, to cross-examine witnesses, and to present evidence in their defense. However, because deportation is an administrative proceeding, the rules of evidence are applied liberally.

4. Summary Deportation

In cases where the alien is undocumented, overstaying, or a fugitive from justice (backed by a warrant from their home country), the BI may opt for Summary Deportation, which bypasses lengthy hearings.

5. Judgment and Execution

If the BOC finds the alien deportable, a Deportation Order is issued. The alien is then required to secure an outbound plane ticket and a valid travel document from their embassy. Before departure, the alien must obtain an NBI Clearance to ensure they have no pending criminal cases in the Philippines.

III. Legal Remedies and Appeals

A foreign national facing deportation has specific legal avenues to contest the order:

Motion for Reconsideration: Filed with the Board of Commissioners within the prescribed period.
Appeal to the Secretary of Justice: Under the principle of administrative hierarchy, the decision of the BI may be appealed to the Department of Justice (DOJ).
Appeal to the Office of the President: In certain high-profile cases, the decision may be elevated to the President.
Judicial Review: While courts generally do not interfere with the discretionary power of the BI, a Petition for Certiorari (under Rule 65) or a Petition for Habeas Corpus may be filed with the Court of Appeals or the Supreme Court if there is a clear showing of grave abuse of discretion or illegal detention.

IV. Consequences of Deportation

Deportation carries significant long-term consequences:

The Blacklist: Once deported, the alien’s name is automatically placed on the BI Blacklist, which permanently bars them from re-entering the Philippines.
Lifting the Blacklist: A blacklisted person may only re-enter if they successfully petition the BI Commissioner for the lifting of the blacklist order, usually after a significant period (typically five years) and upon showing of good cause.
Physical Removal: The alien is escorted by BI personnel to the airport to ensure they actually leave the jurisdiction.

Note on Pending Criminal Cases: If a foreign national has a pending criminal case in a Philippine court, the deportation is usually stayed until the criminal case is resolved and any resulting sentence is served. The State prioritizes its right to prosecute crimes committed within its territory before exercising the right to expel.