The changing face of the Bureau of Immigration

Knowing the bureaucracy in many government offices, including the non-release of presidentially-approved checks for months and you can’t find a good reason why that is happening, it’s good to know that the Bureau of Immigration is reported to have risen to the top of the list of agencies with the most professional and dedicated crew. It is also now ranked fifth in the list of 100 government agencies being graded for their performance in fighting corruption.

The man who is putting the public’s trust in the efficiency of government agencies is Bureau of Immigration Commissioner Marcelino C. Libanan, who has declared, in unequivocal terms, “It is my desire to make a difference in the future of this institution (BI). I am not a miracle worker but I work hard and I am unflinching in my commitment and dedication not only in making things better but to leave a legacy of public service.”

“It is only when I should have changed the face of the Philippine immigration landscape can I truly say full-time foray into the world of the executive bureaucracy was all worth it.”

The former three-termer congressman and lawyer from Eastern Samar assumed office less than two years ago, is happy that his agency, once placing seventh in the Presidential Anti-Graft Commission’s top 10 list of “most compliant” government agencies, has catapulted to the PAGC’s top ten list, from 76th place in 2005. This new image is on account of Libanan’s reform programs.

These include the BI’s visa-issuance-made simple (VIMS), Libanan’s flagship project, which has reduced the processing time for visa applications at the bureau by an average of 58 percent. This has resulted in the cutting of red tape by at least 50 percent.

At the same time that it guards the points of entry of illegal foreigners, the bureau draws in foreign investors under the Visa Upon Arrival Program (VUJAP). Visas are issued foreign nationals upon their arrival if their trip was sponsored or endorsed by a legitimate organization or association based in the Philippines, such as a foreign chamber, a foreign federation, an association of businessmen, and a civic or a non-government organization. Since the VUJAP's implementation the BI posted a dramatic increase in tourist arrivals, including foreign investors.

Another Libanan reform initiative is the issuance of indefinite visas to foreigners employing 10 or more Filipinos, which is projected to create 100,000 new jobs. This special visa for employment generation (SVEG) which was signed by President Gloria Macapagal-Arroyo as Executive Order 758, is described by leaders of foreign chambers as possibly bringing in fresh capital to the country as well as becoming a strong vehicle for technology transfer.

The global economic crunch does not seem to worry the commissioner, as revenues from immigration fees have risen, collecting almost P1.6 billion paid by foreigners during the first nine months of this year, thus surpassing its revenue target for 2008.

What far-better sound than the ring of the Bureau’s cash registers is the music produced by the commissioner, a top-rate electric guitarist who performs at concerts and indulges friends who request him to play their favorite love tunes. He has produced a CD entitled Music from the Heart (released by Star Records).

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Judge Ramon Paul Hernando of the Regional Trial Court, Branch 93, Quezon City wrote to clarify some issues raised in my column of December 3.

The judge presents a synopsis of that case based on the records in his sala as follows:

“1. The case that you are referring to was filed on 7 November 2007 by Joel F. Descallar, Julius DL. Co, Mischelle DL. Co, Cesar DL. Co and Pilipinas Pacific Rim Corp. (PPRC) as plaintiffs against the spouses Roland L. Bansil and Alejandra Q. Bansil, Mary Jane Q. Llanillo and Philippine Charity Sweepstakes Office as defendants, for injunction and damages. Thus, it is not true that it was the Bansils that brought the matter in my court as you wrote.

“2. During the hearing that I conducted on the plaintiffs’ prayer for a Temporary Restraining Order on 12 November 2007, the issue of improper venue was invoked by the counsel for the spouses Bansils, Atty. Rene S. Raneses. In my Order dated 14 November 2007, I sustained the argument of Atty. Raneses and the Bansils because based on the Articles of Incorporation of PPRC, its principal office is in “168 Tanong Subdivision, Poblacion III, Gerona, Tarlac” and hence, the venue of the suit, being an intra-corporate dispute, should be in the RTC of Tarlac.

“3. It was not therefore, as you wrote, a ‘suggestion’ from this man of the Bench that the case be filed in the Special Commercial Court of Albay. Rather, it was by virtue of an Order of my Court that was issued based squarely on law and procedure, particularly Section 16 of the Corporation Code and the “Interim Rules of Procedure on Intra-Corporate Controversies”. Any corporate lawyer worth his salt would know that in intra-corporate suits, venue must be laid in the RTC that has jurisdiction over the location of the principal office of the corporation under dispute.

“4. That was the end then of the case in my court.

“5. How another suit/s was commenced by the plaintiffs in Albay and in RTC Branch 92 of Quezon City is now beyond my comprehension. I am not the “same judge”, as you wrote in RTC Branch 92 of Quezon City, as the sitting magistrate there is Judge Samuel Gaerlan. You may check the case records in RTC Branch 92 as regards the case involving the Bansils in that sala.”

The judge ends his letter with these words: “In anticipation of your positive response on my request that my comment be published too, I wish you happy holidays and God bless!”

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