Blacklisted in the Philippines
A Black List Order (BLO) is one that bars a foreigner from entering the Philippines. This is usually because the foreigner has committed a violation of one or more of the immigration laws of the Philippines. Being discourteous to an immigration official upon arrival in the Philippines can even be considered a ground to black list a foreigner from the Philippines. Remember, black listing is discretionary on the part of the Bureau of Immigration which is why foreigners have to be careful and conscious of their actions while in the country.
Under Immigration Administrative Circular No. SBM-2014-001, the following time frames corresponding to the immigration violation are required to lapse prior to giving due course to the motions to lift entries included in the blacklist:
A. Three (3) months from date of actual implementation of the exclusion order for foreign nationals who were excluded under the following grounds:
1. Public charge
2. Incompetent
3. Member of a family accompanying an excluded alien and companions thereof
4. Children below 15 years old unaccompanied by parents
5. Stowaways
6. Improperly documented
B. Six (6) months from date of actual implementation of the exclusion order or inclusion for foreign nationals who were included in the Blacklist under the following grounds:
1. Deported by virtue of a Voluntary Deportation Order
2. Overstaying for less than one year
C. Six (6) months after being cured of the condition or illness for foreign nationals who were excluded under the following grounds:
1. Insane
2. Afflicted with loathsome or dangerous and contagious disease
D. Twelve (12) months from date of actual exclusion or implementation of deportation order for foreign nationals who were excluded/deported under the following grounds:
1. Prostitutes of procurers of person who came for any immoral purpose
2. Person who practice polygamy or who believe in or advocate the practice of polygamy
3. Paupers, vagrant and beggars
4. Unskilled manual laborers
5. Indigent
6. Those who entered the country through misrepresentation
7. Those who entered the country without inspection and admission
8. Those who are drunk and disorderly at the port of entry
9. Those who refuse to comply with inspection procedures
10. Those who display unruly behavior or discourtesy to immigration official
11. Illegal entrants
12. In violation of the condition of limitation of stay
13. Overstaying for more than one year
14. Cancelled visa
15. Undocumented
16. Improperly documented
E. Five (5) years from date of actual implementation of deportation order for foreign nationals who were deported under the following grounds:
1. Engaging in profiteering hoarding, or black-marketing
2. Defrauding of creditors
3. Undesirability
F. Ten (10) years from date of actual exclusion or implementation of deportation order for foreign nationals who were deported under the following grounds:
1. Conviction for a crime involving moral turpitude
2. Conviction for a crime under Section 45 and 46 of the PIA, Alien Registration Act or the Naturalization Law.
G. Not Qualified unless ordered by the Secretary of Justice
1. Involvement in subversive activities
2. Convicted of a crime involving prohibited drugs
3. Registered sex offender
The longest period shall be observed for lifting of Blacklist entries based on more than one ground with different prescribed period for lifting as listed in this Order.
Under the Administrative Circular, all Requests for lifting of entries from the Blacklist shall be addressed to the Commissioner and filed at the Main Office, stating therein the nature of the request with attached duly authenticated/certified true copies of documents to prove that the ground for inclusion in the Blacklist no longer exists.
If you are unsure if you are on the Blacklist which is why you are hesitating to come back to the Philippines, you may request for a clearance Certification from the Bureau of Immigration for your peace of mind. Below is what the Certification looks like:
This article does not constitute and is not intended to be legal advice. If you have any question or need any assistance in requesting for a copy of a BLO or a Certification that your name is cleared with the Bureau of Immigration, and lifting of blacklist entries, please feel free to send us an email at roselle.jean@nonatolaw.com.
