Text and photo by Dane Angelo Enerio
Australian missionary Patricia Fox on Friday petitioned the Department of Justice (DoJ) to reverse a government directive dated April 23 that cancelled her missionary visa and ordered her to leave the country.
The Bureau of Immigration had earlier accused Ms. Fox of being involved in partisan political activities, thus violating the terms and conditions of her missionary visa.
Ms. Fox argued in her 24-page petition for review that “it is not shown, and it is not even mentioned, in the assailed Order that any of the grounds for cancellation of a visa is present in this case.”
“The visa of a foreigner sojourning in the Philippines may only be cancelled or downgraded based on the grounds provided for by law and/or administrative/implementing issuances,” the petition read.
It pointed out: “[N]ot only did the Order fail to sufficiently state which ground it is relying for the cancellation and downgrading of the Respondent’s visa, it also failed to afford the respondent the procedures and processes spelled out in Rules 12 and 13 of the Omnibus Rules of Procedure where it is specifically required that the Petitioner should have been served with a copy of the petition for cancellation of visa, and given the opportunity to file an answer to refute the allegations against her.”
“Clearly, (Ms. Fox’s) right to due process was blatantly violated, since the cancellation and downgrading of her visa was not in accordance with the grounds and manner required by law for such cancellation,” the petition explained.
Ms. Fox also criticized the BI report used as the basis for the cancellation, describing it as being “unsubstantiated” and “purely speculative.”
“The place, context and even the source of the photographs (in the report) were not duly established as required by the Rules of Evidence. Technically, the statements contained in such report are mere allegations of wrongdoing, and cannot be made a basis for the said cancellation and downgrading,” the petition read.
According to the petition, using her alleged political activities as a basis for cancellation violates her right to freedom of speech and assembly, a right it cited as being “universally recognized and accorded to all, regardless of citizenship.”
The petition also prayed for the dismissal of another BI order dated April 17 which denied her motion that urged the BI to reverse its first order.
Ms. Fox’s lawyer, Katherine Panguban, told reporters right after the filing that her client’s visa was still valid despite the BI order being final and executory.
“Our filing is within the Omnibus rules of the BI. This would stay the execution of the order of the BI. Therefore, the missionary visa of sister Fox is still valid pending the decision of the DoJ,” she said in a mix of Tagalog and English.
When sought for comment, Justice Secretary Menardo I. Guevarra told reporters, “I will read the appeal first. Will issue an appropriate order later.”
In response to the submission, the DoJ late on Friday issued a statement that ordered the BI to comment on the petition within 10 days of receipt.
The DoJ’s statement also clarified that Ms. Fox “had a remaining period of twenty-five (25) days from 24 May 2018, the date when she was served a copy of the Order denying her Motion for Reconsideration, or until 18 June 2018 witin which to leave the country,” in contrast to the BI order that gave her until May 25.
Ms. Fox “may file a reply within a non-extendible period of five (5) days from receipt of a copy of respondent BI’s comment,” the statement read further.

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