In the Philippines, the presence and stay of foreign nationals are strictly governed by Commonwealth Act No. 613, also known as the Philippine Immigration Act of 1940. The Bureau of Immigration (BI) is the primary agency tasked with enforcing these laws. When a foreign national exceeds their authorized period of stay—referred to as "overstaying"—they become an undocumented or illegal alien, subject to administrative sanctions, deportation, and blacklisting.

I. Legal Basis for Deportation

Under Section 37(a)(7) of the Philippine Immigration Act, any alien who remains in the Philippines in violation of any limitation or condition under which they were admitted is subject to arrest and deportation. Overstaying is a direct violation of the terms of the visa issued by the Philippine government.

II. Identifying an Overstaying Foreign National

A foreign national is considered overstaying if:

Their temporary visitor’s visa (9a) has expired without a timely extension.
Their work permit or immigrant visa has been downgraded or cancelled, and they failed to depart within the allotted grace period.
They are found to be working or residing in the country without any valid visa at all.

III. The Process of Reporting (Filing a Complaint)

The Bureau of Immigration relies both on its own Intelligence Division and on verified reports from the public to identify violators.

1. Where to File

Reports should be directed to the Bureau of Immigration (BI) Main Office in Intramuros, Manila, specifically to the Intelligence Division or the Legal Division. Reports can also be submitted to BI Regional Offices across the country.

2. Requirements for a Formal Complaint

While the BI may act on anonymous tips for surveillance purposes, a formal request for deportation usually requires:

Affidavit of Complaint: A sworn statement detailing the identity of the foreign national, their known address, and the specific grounds for deportation (i.e., overstaying).
Supporting Evidence: Any documentation that proves the individual is overstaying, such as copies of their passport (if available), photos, or testimony regarding their long-term stay without employment or valid business.
Verified Information: The reporter should provide as much detail as possible to assist the BI Intelligence Division in locating the subject.

IV. The Deportation Procedure

Once a report is validated, the BI follows a specific administrative process:

Mission Order: The Commissioner of Immigration issues a Mission Order authorizing intelligence officers to conduct an investigation or arrest the foreign national.
Summary Deportation vs. Formal Hearing: If the evidence of overstaying is clear (e.g., a passport showing an expired visa), the BI may initiate Summary Deportation proceedings.
Charge Sheet: The Legal Division files a formal Charge Sheet against the alien.
Board of Commissioners (BOC) Deliberation: The BOC reviews the case. If found guilty, a Deportation Order is issued.
Warrant of Deportation: Once the order becomes final and executory, a warrant is issued for the actual removal of the individual.

V. Consequences of Being Deported

A foreign national found guilty of overstaying faces severe legal repercussions:

Detention: Pending deportation, the individual is usually held at the BI Warden Facility (Camp Bagong Diwa).
Fines and Penalties: The violator must pay all accrued overstaying fees and administrative fines before they can be deported.
Blacklisting: The individual’s name is placed on the BI Blacklist, perpetually barring them from re-entering the Philippines unless a petition for removal from the blacklist is granted by the Commissioner (usually only after several years and under specific conditions).
Self-Paid Departure: The cost of the airfare for deportation is borne by the foreign national or their embassy, not the Philippine government.

VI. Important Considerations for Reporters

Confidentiality: The BI generally keeps the identity of informants confidential to protect them from potential retaliation.
No "Bounty": The Philippine government does not offer monetary rewards for reporting illegal aliens. Reporting is considered a civic duty to uphold national security and immigration integrity.
False Allegations: Filing a false affidavit or malicious report against a foreign national can lead to counter-charges of perjury or defamation under the Revised Penal Code.

VII. The "Leniency" Clause: Motion for Reconsideration

In some cases, overstaying aliens may attempt to regularize their stay through the payment of high penalties and a request for "Reconsideration" if they can prove humanitarian grounds or marriage to a Filipino citizen. However, once a formal deportation proceeding has reached a final decision, these appeals are rarely successful.