RP a haven for human smugglers due to old law
Lack of immigration personnel makes thousands of departing passengers wait in line at the pre-departure area of the Ninoy Aquino International Airport. GMANews.TVMANILA, Philippines - The Philippines has remained a haven for human smugglers because of an obsolete law that fails to curb the illegal entry of foreigners into the country, according to Bureau of Immigration Commissioner Marcelo Libanan.
In a recent interview with radio dzBB, Libanan said the Philippine Immigration Act is too old and inadequate to address the growing incidence of human smuggling in the country.
The law, also known as Commonwealth Act No. 613, was signed by US President Franklin D. Roosevelt on September 3, 1940.
There is nothing in the law that specifically punishes individuals who commit human smuggling, according to the commissioner.
“Ang ating batas ay napakakulang na… ginawa pa po ito noong 1940. Napakaluma na, kaya maraming loopholes…walang definition na nagpi-penalize specifically sa human smuggling", he said.
(Our law is very inadequate… it was enacted in 1940. It’s too old, that’s why it has many loopholes…it has no definition that penalizes human smuggling)
Human smugglers are usually not punished adequately, or are not punished at all.
“Violation of immigration law or violation of the Philippine Passport Act lang…at ang penalty ay usually two years imprisonment…Hindi sila nasasaktan ng husto dahil pag nahuli natin, ini-airport-to-airportlang natin, kaysa naman ikukulong at pakainin pa natin, tapos ide-deport pa rin," said Libanan.
(They are charged with violating the immigration law or the Philippine Passport Act, with a corresponding penalty of only two years of imprisonment. They’re not being punished that much because when authorities catch them they’re just sent back home from airport to airport. We do that instead of putting them in jail and feed them, when they would nevertheless be deported later on)
He said the bureau also lacked agents to go after human smugglers. The agency has only about 70 immigration agents. Thirty five of them are assigned at the bureau’s intelligence division, while the others work at the agency's law enforcement unit.
The bureau also doesn’t have regional offices, and also cannot issue visas abroad because it lacks immigration attachés, according to Libanan. Thus, the task has been assigned to the Department of Foreign Affairs (DFA).
“Sila ang nag-i-issue dahil wala kaming capability. Pero, nakakapag-issue kami dito sa ating bansa. (The DFA issues visas because we don’t have the capability. But the bureau can issue visa here in the Philippines)," he said.
He said the bureau only has about 1,000 employees who have to keep an eye on the 3.5 million foreign tourists in the country. He said the number could reach 5 million if other foreigners with resident status would be included in the bureau’s list.
The US Department of State defines human smuggling as “the facilitation, transportation, attempted transportation or illegal entry of a person(s) across an international border, in violation of one or more countries laws, either clandestinely or through deception, such as the use of fraudulent documents."
“Often, human smuggling is conducted in order to obtain a financial or other material benefit for the smuggler, although financial gain or material benefit are not necessarily elements of the crime," the department says.
It says human smuggling is characterized by the following: the person being smuggled is generally cooperating; there is no actual or implied coercion; persons are free to leave or change jobs; smuggling always crosses an international border; and person must only be in country or attempting entry illegally.
There are at least four bills pending at the Philippine House of Representatives that seek to enact a new immigration measure, which include instituting a change in the structure of the Immigration bureau.
These are House Bills 1877, 1954, 2408, and 2409. The first two measures were filed respectively by representatives Pedro Romualdo of Camiguin and Jesus Crispin Remulla of Cavite, while the last two were both filed by Rep. Marc Douglas IV Cagas of Davao Del Sur.
The first two bills propose the creation of a Commission on Immigration and Naturalization, replacing the existing Bureau of Immigration.
The commission would be responsible for the administration and enforcement of immigration, alien registration, citizenship and naturalization laws and such other laws concerning the entry and admission into and departure from the Philippines of all persons.
Meanwhile, HB 2408 seeks to reorganize and strengthen the capability of the Bureau of Immigration by expanding and streamlining its bureaucracy, creating additional immigration offices and intelligence units and upgrading its manpower skills and benefits.
HB 2049, on the other hand, proposes to increase the number of immigration officers. - ARCS, GMANews.TV
In a recent interview with radio dzBB, Libanan said the Philippine Immigration Act is too old and inadequate to address the growing incidence of human smuggling in the country.
The law, also known as Commonwealth Act No. 613, was signed by US President Franklin D. Roosevelt on September 3, 1940.
There is nothing in the law that specifically punishes individuals who commit human smuggling, according to the commissioner.
“Ang ating batas ay napakakulang na… ginawa pa po ito noong 1940. Napakaluma na, kaya maraming loopholes…walang definition na nagpi-penalize specifically sa human smuggling", he said.
(Our law is very inadequate… it was enacted in 1940. It’s too old, that’s why it has many loopholes…it has no definition that penalizes human smuggling)
Human smugglers are usually not punished adequately, or are not punished at all.
“Violation of immigration law or violation of the Philippine Passport Act lang…at ang penalty ay usually two years imprisonment…Hindi sila nasasaktan ng husto dahil pag nahuli natin, ini-airport-to-airportlang natin, kaysa naman ikukulong at pakainin pa natin, tapos ide-deport pa rin," said Libanan.
(They are charged with violating the immigration law or the Philippine Passport Act, with a corresponding penalty of only two years of imprisonment. They’re not being punished that much because when authorities catch them they’re just sent back home from airport to airport. We do that instead of putting them in jail and feed them, when they would nevertheless be deported later on)
He said the bureau also lacked agents to go after human smugglers. The agency has only about 70 immigration agents. Thirty five of them are assigned at the bureau’s intelligence division, while the others work at the agency's law enforcement unit.
The bureau also doesn’t have regional offices, and also cannot issue visas abroad because it lacks immigration attachés, according to Libanan. Thus, the task has been assigned to the Department of Foreign Affairs (DFA).
“Sila ang nag-i-issue dahil wala kaming capability. Pero, nakakapag-issue kami dito sa ating bansa. (The DFA issues visas because we don’t have the capability. But the bureau can issue visa here in the Philippines)," he said.
He said the bureau only has about 1,000 employees who have to keep an eye on the 3.5 million foreign tourists in the country. He said the number could reach 5 million if other foreigners with resident status would be included in the bureau’s list.
The US Department of State defines human smuggling as “the facilitation, transportation, attempted transportation or illegal entry of a person(s) across an international border, in violation of one or more countries laws, either clandestinely or through deception, such as the use of fraudulent documents."
“Often, human smuggling is conducted in order to obtain a financial or other material benefit for the smuggler, although financial gain or material benefit are not necessarily elements of the crime," the department says.
It says human smuggling is characterized by the following: the person being smuggled is generally cooperating; there is no actual or implied coercion; persons are free to leave or change jobs; smuggling always crosses an international border; and person must only be in country or attempting entry illegally.
There are at least four bills pending at the Philippine House of Representatives that seek to enact a new immigration measure, which include instituting a change in the structure of the Immigration bureau.
These are House Bills 1877, 1954, 2408, and 2409. The first two measures were filed respectively by representatives Pedro Romualdo of Camiguin and Jesus Crispin Remulla of Cavite, while the last two were both filed by Rep. Marc Douglas IV Cagas of Davao Del Sur.
The first two bills propose the creation of a Commission on Immigration and Naturalization, replacing the existing Bureau of Immigration.
The commission would be responsible for the administration and enforcement of immigration, alien registration, citizenship and naturalization laws and such other laws concerning the entry and admission into and departure from the Philippines of all persons.
Meanwhile, HB 2408 seeks to reorganize and strengthen the capability of the Bureau of Immigration by expanding and streamlining its bureaucracy, creating additional immigration offices and intelligence units and upgrading its manpower skills and benefits.
HB 2049, on the other hand, proposes to increase the number of immigration officers. - ARCS, GMANews.TV
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