Reward for Overstaying Foreigner Report in the Philippines
A practitioner-oriented guide to the legal basis, procedures, incentives, and common pitfalls
1. Statutory & Regulatory Foundations
| Instrument | Key Provisions Relevant to Overstay Reporting & Rewards |
|---|---|
| Commonwealth Act No. 613 (Philippine Immigration Act of 1940), as amended | • §37(a)(7) — makes an alien who “[remains] in the Philippines in violation of any limitation or condition under which [the] visa was issued” deportable. • §45 & §46 — authorise fines and surcharges for immigration violations and empower the Bureau of Immigration (BI) to promulgate implementing rules. |
| Executive Order No. 292 (Administrative Code of 1987) | Gives the DOJ administrative supervision over the BI, including “incentive and reward systems” for law-enforcement informants. |
| DOJ / BI Administrative Circulars & Immigration Memorandum Orders (IMOs) | - IMO No. RYT-2013-002 & SBM-2014-004 (still the framework used in practice) set out the Cash Reward Program for Informants (CRPI): • reward ceiling = ₱50,000 or 10 % of collected fines & fees, whichever is lower; • paid only after finality of the deportation order and actual collection of monetary penalties. |
| BIR Revenue Regulations No. 2-98, §2.57.5 | Treats BI informant rewards as “other winnings” subject to 10 % final withholding tax. |
| Revised Rules on Criminal Procedure | Provides the structure for filing criminal complaints for perjury or false testimony against malicious informants. |
Take-away: There is no stand-alone statute on rewards; the system exists by administrative issuance under authority delegated by the Immigration Act and the Administrative Code.
2. Definition of “Overstay”
An alien “overstays” when any of the following occurs:
- Visitor visa expiry without an approved extension.
- Staying beyond the authorized period on an SRRV, SVEG, Section 9, or PRA visa after voluntary cancellation or revocation.
- Failing to depart within 30 days of a Balikbayan privilege or visa-upon-arrival stamp.
3. Penalties Imposed on Overstaying Foreigners
| Item | Typical Amount* |
|---|---|
| Overstay fines | ₱500 per month (first 12 months); ₱1,000 per month thereafter |
| Annual report arrears | ₱300 per year missed |
| Emigration Clearance Certificate (ECC) | ₱700 + ₱500 processing |
| Deportation costs & escorts | Actual expenses (variable) |
| BI Legal Research Fee & I-Card reissuance | ₱30 + ₱2,000 |
* Figures come from the BI schedule of fees last revised in 2024; they may change through subsequent IMOs.
Total exposure for a 2-year overstay can exceed ₱60,000, exclusive of detention costs and blacklisting. The informant’s reward is computed after the BI collects these amounts.
4. The Cash Reward Program for Informants (CRPI)
Who may claim? • Filipino citizens or lawful residents with personal knowledge of an alien’s overstay. • BI & DOJ employees are disqualified.
Report format: • Sworn BI Intelligence Report Form (IRF) stating:
- alien’s full name, nationality, address;
- facts indicating overstay (e.g., date-specific visa expiry);
- evidence (photos, social-media posts, barangay affidavits, etc.).
Filing: • Submit IRF to the BI Intelligence Division (main office, Intramuros) or a district office for provincial cases.
Evaluation & Operations: • Field operatives conduct verification within 10 working days. • If warranted, a mission order & warrant of deportation is issued; alien is arrested or asked to voluntarily surrender.
Adjudication: • Deportation case tried by the BI Board of Commissioners (BOC); alien may post bail but cannot leave the PH pending resolution.
Reward release: • After final BOC order, fines/fees are paid and duly receipted. • Finance Unit prepares a “Certificate of Reward Entitlement”; endorsed to DOJ for fund release. • Usual pay-out time: 4–6 months from collection.
Amount: • 10 % of total fines/fees actually collected capped at ₱50 000. • Subject to 10 % final withholding tax; net proceeds remitted through Land Bank.
Confidentiality & Protection: • Informant identity kept on a “need-to-know” basis; available only to the BI Commissioner and DOJ Secretary. • Request for inclusion in the Witness Protection, Security and Benefit Program (RA 6981) possible for high-risk cases (e.g., against organised crime).
5. Risks & Liabilities of Informants
| Scenario | Consequence |
|---|---|
| False or malicious report | Criminal liability for perjury (Art. 183, RPC) or intriguing against honour (Art. 364). Civil damages may be claimed by the foreigner. |
| Entrapment / privacy violations | Evidence procured by illegal surveillance may be excluded; informant may face RA 4200 (Anti-Wiretapping) or Data Privacy Act charges. |
| Obstruction or corruption | Demanding money from the alien beyond statutory reward is direct bribery (Art. 210) if the informant is a public officer, or swindling if private. |
6. Rights of the Accused Foreigner
- Due Process — written charge sheet, right to counsel, right to present evidence.
- Voluntary Compliance — may pay fines, regularise stay, and seek lifting of deportation if no aggravating factors (e.g., criminal conviction).
- Appeal — BOC orders are appealable to the DOJ Secretary, then to the Office of the President, and finally via Rule 65 petition for certiorari to the Court of Appeals and Supreme Court.
- Detention Standards — must be held in BI-designated facilities (e.g., Bicutan Warden Facility), separated from criminal detainees.
7. Interplay With Other Laws & Programs
| Related Law / Program | Implications |
|---|---|
| RA 7919 (Alien Social Integration Act of 1995) | Granted one-time amnesty; not currently active but Congress occasionally floats revival bills that would moot overstay penalties (and thus rewards). |
| COVID-19 Special Visa Extensions (2020-2022) | Periods covered by these blanket extensions are not counted as overstay for reward computation. |
| Anti-Trafficking in Persons Act (RA 9208, as amended by RA 11862) | Overstaying aliens who are trafficking victims may be given special protection visas rather than deported. Informant reward is still available if fines are imposed on their traffickers. |
| Anti-Terrorism Act of 2020 | Deportation on security grounds yields no monetary penalty, so no reward to the informant. |
8. Practical Tips
- Document everything — screenshots of visa stamps, residence evidence, and date-stamped photos speed up BI verification.
- Avoid direct confrontation — let BI handle apprehension to avoid personal liability.
- Track the docket — follow up with the BI Legal Division; rewards often stall for lack of paperwork.
- Mind the cap — if the alien’s fines exceed ₱500 000, the reward is still maxed at ₱50 000; weigh effort vs. payoff.
- Consider mediation — some foreigners willingly settle penalties once alerted; you may lose the reward but avoid prolonged proceedings.
9. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Can two informants split the reward? | Yes, if both are named in the IRF; BI will divide equally unless you specify shares. |
| Does overstaying for one day trigger deportation? | Technically yes, but BI usually imposes only fines and allows visa extension for ≤30 days. |
| Are rewards available for reporting unlicensed work instead of overstay? | Only if the alien’s work visa conditions are violated and result in fines under BI rules; otherwise the matter is for DOLE & BI joint enforcement (no reward component). |
| Can a foreign landlord claim reward against his overstaying tenant? | Yes, landlord status does not bar informant eligibility. |
| Is the reward transferable upon informant’s death? | Yes, legal heirs may claim upon proof of succession and tax clearance. |
10. Conclusion & Compliance Checklist
- Verify overstay → inspect passport stamps & BI online verification.
- Prepare sworn IRF → attach evidence; sign before a notary or BI legal officer.
- File at BI Intel → obtain duly received copy with IRF number.
- Coordinate on operations → but do not interfere with arrest.
- Monitor case status → get copy of final deportation order and Official Receipts.
- File reward claim → within 60 days of collection.
- Receive net reward → after tax, via Land Bank or cheque.
Staying within these steps protects your rights as an informant and ensures that overstaying foreigners are dealt with according to Philippine law.
Disclaimer: This article synthesises publicly available statutes, regulations, and prevailing BI practices as of July 8 2025 (PH time). Procedures and monetary figures change through new IMOs and budgetary directives; always verify with the Bureau of Immigration or a qualified immigration lawyer before acting.