(UPDATED) The Department of Justice (DOJ) has suspended the implementation of the recently revised guidelines on departure formalities for outbound Filipino travelers issued by the Inter-Agency Council Against Trafficking (IACAT).
The suspension came after the Senate adopted two resolutions urging the IACAT to suspend and review the new guidelines, and authorizing Senate President Juan Miguel Zubiri to file for a temporary restraining order (TRO) before the Supreme Court (SC) to stop its implementation.
The resolutions were issued after several senators expressed apprehension that the stricter guidelines for departing Filipinos would hamper the people’s constitutionally guaranteed right to travel, without necessarily denting the operations of human traffickers.
Zubiri even likened new guidelines to the rules of North Korea that bar its citizens from travelling abroad.
In a privilege speech on Wednesday, he cited data showing the BI had offloaded over 32,000 passengers in 2022. Yet, only less than 2 percent of these were found to be truly at risk of human trafficking.
The stricter guidelines require all international-bound Filipino passengers to undergo immigration inspection for assessment, clearance, and documentation.
They are also required basic travel documents, passport, valid at least six months from the date of departure, appropriate valid visa (whenever required), boarding pass and confirmed return or round trip ticket, when necessary.
On Thursday morning, Zubiri on thanked the DOJ for suspending implementation of controversial travel rules.
However Zubiri said at a brief news conference the Senate would still consider the proposal by Senator Chiz Escudero to carve out from the Bureau of Immigration’s 2024 budget a fund to reimburse thousands wrongly offloaded in 2022, to cover their huge expenses.
Review expected
DOJ chief Remulla’s suspension of implementation order is expected to be followed by a review of the guidelines, as sought not just by lawmakers but also by business groups.
The guidelines added that the primary immigration officer (IO) of the Bureau of Immigration (BI) is mandated to interview the passenger about the purpose of his/her travel and inspect the basic travel documents.
It also allows the IO to propound relevant clarificatory questions and require from the passenger additional supporting documents to establish the purpose of travel.
The passenger may only be allowed to leave after sufficiently establishing his or her declared purpose of travel.
However, the primary IO may defer the departure of a passenger who will be found using fraudulent travel or supporting documents; for refusing to undergo primary inspection.
The primary IO is tasked to refer for secondary inspection outbound passengers who failed to establish their purpose of travel during primary
inspection; those with inconsistent or insufficient travel or supporting documents; those unable to show proof of financial capacity to travel and are accompanied by a foreign national who is not a relative by consanguinity or affinity up to the fourth civil degree; those traveling, with or without a visa, to countries under alert level 3 or 4 as determined by the Department of Foreign Affairs (DFA) and those with relevant deployment bans as determined by the Department of Migrant Workers (DMW); those who previously stayed abroad for over six months as a tourist or previously misrepresented any travel information, and are intending to travel again for the same purpose; those with active deferred-departure records; those identified and reported by the IACAT Anti-Trafficking Task Force (IACAT-ATTF) or other government agencies as a potentially trafficked/illegally recruited person or a suspected trafficker/illegal recruiter.
The new guidelines were issued by the IACAT amid criticisms from the public after several travelers claimed that they missed their flight due to lengthy questioning from immigration officers, who also asked them to present documents deemed unnecessary by passengers.
Remulla explains
In a statement, the DOJ, through Justice Secretary Jesus Crispin Remulla defended the revised guidelines, saying these were crafted to streamline the departure procedures and not to curtail people’s right to travel.
“The revisions were not intended to burden the general public but rather to enhance the overall experience of departing passengers,” the DOJ statement added.
Remulla, however, said DOJ “acknowledges the vital role of our esteemed senators as representatives of the people, entrusted with safeguarding the rights and welfare of our citizens. It is our duty to address their concerns and provide them with the necessary information and clarifications,” Remulla said.
“We assure the public that the revised guidelines aim to strike a balance between national security and the facilitation of smooth and efficient travel,” he said.
Still, Remulla reminded travelers that the temporary suspension of the implementation of the revised guidelines on departure formalities does not affect existing laws and regulations governing travel and immigration procedures.
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