IMMIGRATION BLACKLIST STATUS INQUIRY IN THE PHILIPPINES
A comprehensive legal-practice guide (April 2025)

1. Overview

The Philippine immigration blacklist (sometimes called the blacklist order or BL) is an administrative bar issued by the Bureau of Immigration (BI) that prevents an alien from (a) entering the country if he/she is abroad, or (b) departing and re-entering if he/she is already in Philippine territory and leaves. It is neither a criminal conviction nor a court judgment; it is an executive act grounded on the State’s sovereign right to control the admission and exclusion of aliens.

2. Governing law and policy instruments

Instrument	Key provisions on blacklisting
Commonwealth Act No. 613 (Philippine Immigration Act of 1940), as amended	§29(a) (Classes of excludable aliens) and §29(l) (Authority to exclude “such classes of aliens … whose presence may endanger the safety, order or health of the Philippines”).
Alien Registration Act (1950)	Registration lapse can lead to exclusion under CA 613 §37(a)(8).
BI Operations Orders & Memoranda (e.g., O.O. SBM-2014-059; M.C. JHM-2018-022)	Codify procedural steps for creating, updating, verifying and lifting BL records.
Administrative Code of 1987	Subsidiary rules on notice, hearing, and judicial review of agency actions.
Republic Act No. 10173 (Data Privacy Act)	Imposes confidentiality duties on BI when releasing blacklist information.

3. Who may be blacklisted & typical grounds

Excluded at port of entry – aliens refused admission for misrepresentation, improper documentation, overstaying on a previous visit, name on INTERPOL list, threats to national security, etc.
Deportees – any alien ordered deported under §37; deportation is automatically accompanied by blacklisting unless expressly waived.
Overstaying and undocumented aliens – those who depart without paying fines or securing clearance certificates.
Criminally convicted aliens – after serving sentence they are deported and blacklisted.
“Undesirable aliens” – persons engaged in prostitution, drug trafficking, child pornography, syndicated crime, or who affront public morals.
Labor-related violators – foreign nationals found working without an Alien Employment Permit (AEP) or Special Work Permit (SWP).
Watch-list upgrades – persons on BI’s Watch-List or Alert-List who commit a new infraction may be elevated to the blacklist.

Note: Philippine citizens cannot be blacklisted; only aliens fall under CA 613. A dual citizen loses the protection of citizenship if the reacquisition was not perfected under R.A. 9225.

4. Legal effects

Automatic refusal of admission at any port.
Cessation of existing visas (9(g), 9(d), 47(a)(2), SRRV, SVEG, etc.).
Inclusion in e-Travel / advanced passenger information system furnished to airlines and shipping lines.
Potential cancellation of ACR I-Card and certification of derogatory record to other Philippine agencies (e.g., DOJ, DFA) and some foreign missions.

5. Due-process requirements

Although exclusion is traditionally viewed as a plenary executive power, the Supreme Court (e.g., Santos v. Morfe, G.R. L-40240, 1976; Borromeo v. MARINA, G.R. 190076, 2021) recognizes minimum administrative due process:

Notice – written or constructive (e.g., exclusion stamp on passport).
Opportunity to be heard – filing of a Motion for Reconsideration or Petition to Lift Blacklist Order (PLBO) within 180 days of notice; late filings are allowed on equitable grounds.
Reasoned resolution – BI Board of Commissioners (BOC) must cite factual basis and legal provisions.
Judicial review – aggrieved parties may file a Petition for Review under Rule 43 with the Court of Appeals within 15 days from receipt of the BOC resolution; certiorari under Rule 65 is available for grave abuse of discretion.

6. How to inquire about blacklist status

Method	Who may file	Documentary requirements	Processing time / fee (2025 schedule)
In-person at BI Main Office—Intelligence Division (ID)	Alien concerned or duly-authorized counsel/representative	Accomplished Request for Blacklist Verification Form; photocopy of passport bio-page; government-issued ID of requester; SPA if representative	Same-day release; ₱200 certification fee
Email / online appointment (bi.gov.ph)	Same	Digitized copies as above; pay via e-payment gateway	3–5 working days; ₱500
Airport inquiry (MIAA One-Stop Center)	Transiting passenger	Passport only; note this yields summary data only (“with/without derogatory record”) and cannot be used for lifting	Immediate, free
Post-screening formal notice	Alien denied entry	BI issues Order of Exclusion with “blacklisted” annotation; no fee	Same day

Data-privacy caveat: BI will not disclose the specific legal ground to third parties without the alien’s written consent, except to law-enforcement or as ordered by a court.

7. Lifting / Delisting procedures

File a Petition to Lift Blacklist Order addressed to the Commissioner, stating facts, defenses (e.g., mistaken identity, compassionate grounds), and supported by evidence.
Attach:
- Affidavit with passport copy (duly authenticated if executed abroad)
- BI Clearance or NBI Clearance (if previously resident)
- Court records if conviction rectified or expunged
- Proof of settlement of fines/fees (for overstaying cases)
Pay filing fee – ₱10,000 (lifting) or ₱50,000 (lifting of blacklist accompanied by exclusion order based on national security).
Evaluation by Legal Division ➔ BOC Resolution; average turn-around 1–3 months.
Order of Approval is transmitted to the Intelligence Division, which tags the name “FOR DELETION”. The e-Travel and i-CLEAR systems are updated within 24 hours; nevertheless, travelers are advised to carry a certified true copy of the lifting order for six months.

Tip: Consular “non-immigrant” visa issuance (9(a)) remains discretionary even after delisting; applicants must attach a copy of the lifting order to the visa application.

8. Judicial and diplomatic remedies

Court of Appeals / Supreme Court – petition for review or certiorari.
Department of Justice (DOJ) – administrative appeal (rarely used; BI is an attached agency under DOJ).
Intervention by foreign embassy – purely diplomatic; may submit a Note Verbale supporting an alien’s delisting, but BI is not bound.
Writ of Habeas Data – available if blacklist tagging involved illegal data collection or disclosure.

9. Expiration and re-blacklisting

A lifted BL has permanent effect, but subsequent violations trigger a new BL.
Routine database validation audits sometimes revive old derogatory records; always verify status before travel, especially if the lifting order is over five years old.

10. Special scenarios

Scenario	Key points
Marriage to a Filipino	Does not automatically erase a BL; delisting must still be sought.
Children of blacklisted alien	Minors have separate legal personality; only blacklisted if individually covered by an order.
Name similarity (homonym)	File a Request for Alien Identification Check; BI may issue a Certification of Not the Same Person (₱1,000).
Inter-agency watch lists (NBI, PNP, DOJ, AMLC)	Distinct from BI blacklist; clearance from those agencies does not guarantee BI clearance.

11. Jurisprudence snapshot

Case	G.R. No.	Held
Santos v. Morfe (1976)	L-40240	BI exclusion order must comply with minimal due process where deportation consequences are permanent.
Andres v. BI Commissioner (CA, 2012)	CA-GR SP 121450	Overstaying alien may be delisted upon full payment and proof of good faith.
Lee v. Court of Appeals (SC, 2014)	197720	Commissioner’s discretion is broad, but arbitrary or equal-protection-violative BL orders are voidable via certiorari.
Borromeo v. MARINA (2021)	190076	Reiterated that administrative agencies must explain the factual basis for an adverse listing action.

12. Practical checklist for counsel & travelers

Verify early – at least six weeks before intended entry.
Keep documentary trail – departure clearance, visa extensions, tax payments.
Address overstays promptly – compute fines, settle before exit.
Update personal data – report passport renewals to BI to avoid mismatched records.
Engage accredited liaison – BI recognizes only attorneys in good standing or BI-accredited representatives for filing petitions.
Carry the order – bring the original or certified copy of the lifting order for at least two trips after delisting.
Monitor subsequent travel – some carriers still show “ghost hits” for 1–2 days after database update; have airline reference number of the lifting handy.

13. Conclusion

An immigration blacklist order is a potent, administratively efficient instrument for protecting Philippine national interests, yet it must observe constitutional guarantees of due process and equal protection. Both foreign nationals and their counsel should approach BI processes proactively—verify status, understand the basis of any derogatory record, and, when necessary, pursue formal delisting or judicial review. Doing so avoids costly last-minute exclusions, protects reputations, and supports orderly travel.