The regulation of foreign nationals within the Republic of the Philippines is primarily governed by Commonwealth Act No. 613, also known as the Philippine Immigration Act of 1940, as amended. Under this law, the Bureau of Immigration (BI) is the primary agency tasked with the administration and enforcement of immigration, citizenship, and alien admission and registration laws.

An "overstaying" individual is a foreign national who remains in the Philippines beyond the period authorized by their visa or who fails to maintain the conditions of their stay.

I. Legal Basis for Deportation

Under Section 37(a)(7) of the Philippine Immigration Act, any foreign national 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 considered a violation of the terms of admission and is a ground for administrative action.

II. Procedures for Reporting

Reporting a foreign national suspected of overstaying typically involves the Intelligence Division of the Bureau of Immigration. The process generally follows these steps:

Submission of Information: A concerned citizen or entity may report a foreign national. While anonymous tips are sometimes processed, a formal, signed Affidavit of Complaint or a detailed letter of information is more effective.
Required Information: To facilitate an investigation, the reporter should provide:
- The full name of the foreign national (and aliases, if any).
- The specific address or known whereabouts of the individual.
- Supporting evidence (e.g., photos, expired visa copies, or specific instances of the individual claiming they have no valid papers).
Verification and Investigation: The BI's Intelligence Division conducts a "derogatory check" in their central database to verify the individual’s current immigration status. If the records confirm an expired visa or no record of entry, a formal investigation is launched.

III. Issuance of Mission Order

If the Intelligence Division finds prima facie evidence of overstaying, they will recommend the issuance of a Mission Order (MO).

Authority: The Commissioner of Immigration is the only official authorized to sign a Mission Order.
Purpose: The MO authorizes immigration officers to conduct an arrest or "search and seize" operation specifically for the person named therein.
Execution: Immigration officers must present the Mission Order and identify themselves when apprehending the subject.

IV. Post-Apprehension Proceedings

Once apprehended, the foreign national is subjected to the following administrative process:

Booking and Detention: The individual is brought to the BI Warden Facility (usually in Camp Bagong Diwa, Taguig) for booking and temporary detention.
Summary Deportation vs. Formal Hearing: In many overstaying cases, if the evidence is incontrovertible, the Board of Commissioners (BOC) may issue a Summary Deportation Order. If there are contested facts, the case is referred to the Board of Special Inquiry (BSI) for a hearing.
Deportation Order: This is the final order requiring the foreign national to leave the country. It typically includes a provision for the individual to pay all outstanding fines and penalties.

V. Penalties and Sanctions

Overstaying individuals face several legal consequences:

Administrative Fines: Monthly fines for every month of overstaying, plus legal research fees and express fees.
Blacklisting: Foreigners deported for overstaying are automatically placed on the BI Blacklist, which prevents them from re-entering the Philippines indefinitely unless a petition for removal from the blacklist is granted by the Commissioner (usually after a significant period and payment of more fees).
Culpability of Coddlors: Under Section 45 and 46 of the Act, any person who knowingly conceals, harbors, or employs an illegal alien may be subject to criminal prosecution, fines, or imprisonment.

VI. Voluntary Deportation (Self-Deportation)

Foreign nationals who realize they have overstayed may opt for "Voluntary Deportation." This involves:

Filing a request with the BI to be deported voluntarily.
Paying all accrued fines and penalties.
Providing a one-way outbound flight ticket.
Acquiring a National Bureau of Investigation (NBI) Clearance to ensure no pending criminal cases exist.

While this still results in blacklisting, it avoids the indignity and prolonged detention associated with a forced apprehension and Mission Order.

Summary Table: Reporting Channels

Method	Department	Requirements
Written Complaint	Intelligence Division, BI Main Office	Notarized Affidavit, Evidence, and Address of Subject
Online Reporting	BI Official Website/Email	Digital details of the subject and location
Walk-in	BI Regional Offices	Personal appearance and statement to Intelligence Officers