The Fiascos of the Bureau of Immigration in NAIA: A Continuing Problem for Travelers

The Bureau of Immigration (BI) is the government agency tasked with enforcing immigration laws in the Philippines. It is responsible for screening passengers arriving and departing the country through the Ninoy Aquino International Airport (NAIA), the country's main gateway. However, in recent years, the BI has been plagued by several fiascos that have exposed its incompetence, corruption, and lack of professionalism.  This has been highlighted recently with the viral video of a Filipina traveler bound for Israel who got offloaded because the Immigration Officer was asking for her 10-year old graduation book and photos along with unnecessary questions about her parents' relationships.  This "incompetence" of the Immigration Officer cost her 19,000 pesos worth of the airplane ticket she missed and 21,000 pesos more for the ticket she had to rebook to proceed with her trip.

Khaleej Times recently featured the story of a couple who planned a vacation in HongKong.  The 27-year-old Filipina in the couple who was on vacation in the Philippines was prevented from travelling to Hong Kong by a Philippine immigration official. The official told her she needed to cancel her UAE residence visa before she could leave the country as a tourist. 

Nathaly Dumlao had been planning the trip for weeks to celebrate her anniversary and her partner’s birthday. The couple were stopped at the Philippine Bureau of Immigration (BI) counter, where they were told she couldn’t travel as a tourist because she had an existing UAE residence visa. Despite furnishing all the necessary documents, including an overseas employment certificate (OEC), they were unable to travel. The immigration official told Dumlao that she would only be permitted to travel to Hong Kong if she cancelled her UAE residence visa and was instructed to visit the UAE embassy in Manila to have her work visa cancelled before travelling as a tourist.

The Khaleej Times wrote that Barney Almazar, a Dubai-based migrant rights advocate, suggested that Nathaly Dumlao can file a complaint with the Commission on Human Rights (CHR) of the Philippines or the Department of Foreign Affairs (DFA) and seek assistance from the Philippine Overseas Labor Office (POLO) in Abu Dhabi.

In response to the incident, the Philippine Bureau of Immigration (BI) issued a statement, saying that the immigration officer acted within the law and its guidelines. The BI spokesperson, Dana Krizia Sandoval, explained that the immigration officer suspected that Nathaly Dumlao was not a legitimate tourist and was going to look for work in Hong Kong. According to Sandoval, Dumlao's UAE residence visa and active Emirates ID indicated that she had ties to the UAE and could be an overseas worker.

Sandoval emphasized that the immigration officer only asked Dumlao to cancel her UAE residence visa if she wished to leave as a tourist. Cancelling the visa would signify that Dumlao would not return to work in the UAE after the trip.

The incident highlights the challenges that overseas Filipino workers face when traveling to their home country or to other countries as tourists. While the Philippine government has implemented measures to combat human trafficking, some legitimate tourists like Nathaly Dumlao have been unfairly denied the opportunity to travel because of suspicion of illegal activities.

All of these incidents were staunchly defended by the Bureau of Immigration as their "measures" to curtail human trafficking although these had been a very clear violation to the right of the person to travel as guaranteed by our Philippine Constitution.

Article III, Section 6 of the 1987 Philippine Constitution guarantees the liberty of travel, which shall not be impaired except in the interest of national security, public safety, or public health, as may be provided by law. The provision covers the right to travel both within and out of the country.

According to Philippine Republic Act No. 9208 (Anti-Trafficking in Persons Act of 2003), and its Implementing Rules and Regulations, Republic Act No. 8042 (Migrant Workers and Overseas Filipinos Act of 1995), Filipino tourists need only to show a passport, visa (when required), and roundtrip ticket to travel.

“The Bureau of Immigration shall conduct a secondary inspection of a traveller, when deemed necessary, for the purpose of protecting vulnerable victims of human trafficking and illegal recruitment and other related offences, through the assessment of the following circumstances: a) Age b) Educational attainment and c) Financial capability to travel.

“Any passenger/traveller who will be subjected to secondary inspection shall be required to accomplish the Bureau of Immigration Border Control Questionnaire (BCQ) to be furnished by the immigration officer.”Travelers are advised to carry all necessary documents, including a valid passport, visa, return ticket, and proof of financial capability, and to familiarize themselves with the immigration laws and guidelines of their destination countries to avoid any inconvenience or delay.

Most incidents of offloading have been due to the incompetence of the immigration officers to manage their interrogation time and their blatant disregard for the departure time of passengers. Many have observed that these acts are due to the lack of accountability of the immigration officers to the financial and psychological costs to the offloaded traveler. In the Dumlao incident, the immigration officer took more than two hours of questioning, which many found absurd and commented on social media.

Before all of these, the "pastillas" and "laglag bala" scandals were two of the most notorious incidents to have taken place at the Ninoy Aquino International Airport (NAIA) in recent years. Both of these incidents garnered widespread attention and brought to light some of the issues facing the Bureau of Immigration and the airport's security protocols.

The "pastillas" scandal, which came to light in 2020, involved immigration officers at NAIA allegedly receiving bribes in exchange for allowing Chinese nationals to enter the country illegally. The officers would reportedly receive a cut of the money, which was wrapped in paper like a "pastillas" candy, hence the name of the scandal. The practice was said to be widespread and may have involved millions of pesos.

The "laglag bala" scandal, which first emerged in 2015, involved airport security personnel allegedly planting bullets in the luggage of passengers in order to extort money from them. The victims were typically foreign tourists, who would be threatened with arrest and imprisonment if they did not pay the bribes. The scandal received international attention and prompted outrage from travelers and human rights groups alike.

Both of these scandals highlighted the issues of corruption and incompetence within the Bureau of Immigration and the airport's security forces. The incidents also exposed the vulnerability of the airport to criminal activities and the need for a more effective and transparent system of screening passengers and baggage.

In response to the "pastillas" scandal, the Philippine government launched an investigation and eventually dismissed several immigration officers involved in the scheme. The government also vowed to improve the screening process at NAIA to prevent similar incidents from happening in the future.

Meanwhile, the "laglag bala" scandal prompted calls for the installation of more CCTV cameras at the airport and the implementation of stricter penalties for those caught engaging in the practice. The government also created a task force to investigate the incidents and to develop a plan to prevent them from happening again.

Despite these measures, however, the incidents have left a lasting impact on the reputation of NAIA and the Bureau of Immigration. Travelers remain wary of the airport's security protocols, and the scandals have damaged the country's image as a safe and welcoming destination for tourists.

The "pastillas" and "laglag bala" scandals are two of the most high-profile incidents to have taken place at NAIA in recent years. These incidents exposed the issues of corruption and incompetence within the Bureau of Immigration and the airport's security forces, and highlighted the need for a more effective and transparent system of screening passengers and baggage. While the Philippine government has taken steps to address these issues, the scandals have had a lasting impact on the airport's reputation and the country's image as a tourist destination. As such, it is important for the government to remain vigilant and to continue implementing reforms to ensure the safety and security of travelers at NAIA.

Aside from these high-profile fiascos, the BI in NAIA has also been criticized for its long queues, slow processing, and corrupt practices. Many passengers have complained about the rude behavior of BI officers and the arbitrary rules they impose.

These fiascos of the Bureau of Immigration in NAIA are a reflection of the systemic problems that plague the agency. Its incompetence, corruption, and lack of professionalism have not only put the country's security at risk but also tarnished its reputation as a welcoming and hospitable destination. The BI needs to undergo a major overhaul in terms of its leadership, training, and accountability mechanisms to restore public trust and confidence. The government must also ensure that the BI is adequately funded and staffed to carry out its mandate effectively and efficiently. Only then can the BI in NAIA fulfill its role as a gatekeeper and protector of the country's borders.

Sources:
https://www.khaleejtimes.com/uae/uae-based-filipino-barred-from-travelling-as-tourist-by-manila-immigration-officers-asked-to-canc