In the strict legal sense of Philippine law, a Filipino citizen cannot "overstay" in the Philippines. Under the 1987 Constitution, Filipino citizens have an inherent right of abode and travel within their own country. If the subject of your report is a Filipino citizen abroad, that is a matter for the host country’s immigration laws.
However, within the Philippine territory, the Bureau of Immigration (BI) is the primary agency tasked with the enforcement of the Philippine Immigration Act of 1940 (Commonwealth Act No. 613). When a foreign national (alien) exceeds their allowed period of stay or violates the conditions of their visa, they become an "undesirable alien" subject to deportation.
1. The Legal Basis for Reporting
The primary law governing the stay of foreigners is Commonwealth Act No. 613. Specifically:
- Section 37: Lists the grounds for deportation, including entering the country through false pretenses, remaining in the Philippines in violation of any limitation or condition under which the alien was admitted, and overstaying.
- Section 45 & 46: Define various "Immigration Offenses" which can lead to fines, imprisonment, or both.
2. How to File a Report: The Procedural Route
Reporting an overstaying alien is a formal process managed by the BI Intelligence Division. There are two primary ways to initiate this:
A. The Formal Verified Complaint
If you want the Bureau to take immediate and specific action, a formal complaint is the most effective route.
- Preparation of Affidavit: Draft a Verified Letter-Complaint or an Affidavit of Complaint. It should be notarized.
- Required Information:
- Full Name of the subject (and aliases, if any).
- Current Address or last known whereabouts (crucial for the Intelligence Division).
- Nature of Violation (e.g., overstaying, working without a 9(g) visa, or being a fugitive from justice).
- Evidence: Photos, copies of passport pages (if available), or testimonies from witnesses.
- Submission: File the complaint at the Bureau of Immigration Main Office in Intramuros, Manila, specifically at the Intelligence Division.
B. The Anonymous Tip (The "Report an Alien" Program)
The BI maintains a "Report an Alien" initiative where the public can provide information via their official website, email, or hotlines. While less formal, these tips are verified by the Intelligence Division before a Mission Order is issued.
3. The Investigation and Deportation Process
Once a report is filed, the Bureau does not simply "deport" the person overnight. Due process must be followed:
| Stage | Description |
|---|---|
| Verification | The Intelligence Division checks the BI's Central Database to see if the subject has a valid visa or an ongoing application for extension. |
| Mission Order | If there is prima facie evidence of a violation, the Commissioner issues a Mission Order authorizing agents to arrest the subject. |
| Summery Proceedings | The subject is brought to the BI Legal Division for a hearing. They are usually detained at the BI Detention Center in Camp Bagong Diwa, Bicutan. |
| Deportation Order | The Board of Commissioners (BOC) issues a formal Order of Deportation. |
| Blacklisting | The individual is placed on the Blacklist, preventing them from re-entering the Philippines. |
4. Penalties and Consequences
Overstaying is not a light offense. The Philippine government imposes a graduated scale of penalties:
- Monthly Fines: Typically $P500$ per month of overstaying, plus additional administrative fees.
- Motion for Intervention Fee: If the overstaying exceeds six months.
- Mandatory Deportation: Generally required for those who have overstayed for more than 12 months or those who refuse to pay the accumulated fines.
- Lifting of Blacklist: This is not automatic. A deported individual must wait a specific period (often 5 to 10 years) and petition the BI Commissioner to have their name removed.
5. Important Legal Considerations
Confidentiality and Protection
Under BI rules, the identity of an informant is kept confidential to protect them from retaliation. However, if the case proceeds to a formal trial or if the testimony of the reporter is the only evidence, the informant may be asked to testify.
"Undesirable Alien" Clause
Beyond simply overstaying, a foreigner can be reported if they are "undesirable." This includes those who:
- Are a public charge (cannot support themselves).
- Are involved in criminal activities or scams.
- Have been convicted of a crime involving moral turpitude.
Liability for Harboring
It is important to note that any person (Filipino or otherwise) who harbors, conceals, or employs an illegal alien can also face criminal charges under Section 46 of CA 613, which may involve fines and imprisonment.
6. Contact Information for Reporting
Reports should be directed to the following channels:
- BI Intelligence Division: (02) 8465-2400 loc 226.
- BI Helpline: (02) 8465-2400.
- Email: binoc_immigration@hotmail.com / xinfo@immigration.gov.ph.