The Secondary Inspection Officer will conduct a thorough examination of about 10 minutes unless the circumstance requires otherwise, taking into account the surroundings of the passenger.
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It’s that time of year again when wanderlust is in the air, and we take advantage of the holiday season to break all travel records following the pandemic. As adventurers navigate the ever-changing world of safety protocols, it is essential to take a moment to examine the guidelines for a seamless journey.
On 15 January 2015, the Inter-Agency Council Against Trafficking (IACAT) approved Department of Justice Memorandum Circular 036-2015 on Departure Formalities for International-Bound Passengers (Guidelines) in all Philippine airports, which continues to serve as the prevailing regulation for travel today. The rules provide the framework for the Bureau of Immigration (BI) to execute all departure formalities and processes, aimed at addressing the serious issue of human trafficking.
Primary inspection
All international-bound passengers shall undergo primary inspection and presentation of travel documents, including passports with a validity of at least six months, a valid visa where applicable, eTravel, boarding pass and return or roundtrip ticket, when necessary. The Primary Immigration Officer (PIO) shall interview the passenger about the purpose of travel which should be consistent with his travel documents.
In all instances, the use of electronic devices, including cellphones, cameras and recording devices, shall be strictly prohibited during the inspection, unless otherwise authorized.
Secondary inspection
During the inspection, the PIO may deny departure or turn the passenger over to the Travel Control and Enforcement Unit (TCEU) for secondary inspection if the traveler refuses to undergo primary inspection, misrepresents the purpose of travel, presents fraudulent, falsified, or tampered travel or supporting documents, or identifies as a potential trafficked person.
The PIO is responsible for completing the Border Control Questionnaire (BCQ), which includes an initial assessment of one’s travel documents, followed by an interview.
In the following instances, the PIO shall automatically refer them to the secondary inspection when the passenger:
a. Has no financial capacity to travel and is escorted/accompanied by a foreign national who is not a relative by consanguinity or affinity;
b. Is a minor traveling alone or unaccompanied by either parent or legal guardian without the required travel clearance from the Department of Social Welfare and Development;
c. Is the spouse of a foreign national intending to depart for the first time to join the foreign spouse or a partner of a foreign national intending to depart to meet and/or marry his/her fiancé/fiancée without a Commission on Filipinos Overseas Guidance and Counseling Certificate;
d. Is traveling to a country with an existing deployment ban, is under alert level 3 or 4, or a travel advisory, and is in possession of a visa to the country; and/or
e. Had previously stayed abroad for more than six months as a tourist/temporary visitor, and is intending to depart for a second time.
During the secondary inspection, the Secondary Inspection Officer (SIO) will conduct a thorough examination of about 10 minutes unless the circumstance requires otherwise, taking into account the surroundings of the passenger. The inspection shall include the purpose of travel, destination country or countries, length of stay, travel history, age, educational background and financial means, all aligned with the passenger’s stated purpose of travel. Subsequently, the SIO will either grant or defer the passenger’s departure.
Upon a finding by the SIO that the passenger is a potentially trafficked, illegally recruited, suspected trafficker or illegal recruiter, the passenger shall be referred to the IACAT Task Force for interception, further investigation and/or case buildup.
In the next article, we will discuss the mandatory documents to be presented during inspection for different categories of international travelers.
(To be continued)
For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cad@divinalaw.com.
