In a two-page recommendation to Morente, Santos noted that while Fox was alleged to have previously taken part in protest actions by farmers, she was not doing so at the time the authorities served her the mission order on Monday, April 16.
The immigration bureau confirmed the Fox's arrest but declined to issue any statement until after the investigation is complete.
More so, the BI said questioning by the BI Legal Division established that Fox's missionary passport is still valid, thus she is a documented alien.
Santos added that Fox is not covered by inquest proceedings as this would only apply "to aliens arrested after being caught in flagrante violating immigration laws".
Fox, according to BI, submitted her passport along with the other immigration documents showing she was issued her visa on October 15 a year ago and that it will expire on September 9, 2018.
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The BI earlier justified the arrest of Fox by saying that she had violated the conditions of her stay in the country by attending protest rallies and engaging in political activities.
Filibeck, who had traveled to Cebu for the Akbayan Party-list Congress, was handed a blacklist order upon arrival at the Mactan Cebu International Airport and deported shortly.
Her lawyer said: "Contrary to the claim of NICA, Sister Pat did not join any rally in Tagum or Davao or in any province of Region XI for that matter".
In a statement, the seven-man Makabayan bloc said the arrest of Fox was part of the Duterte administration's crackdown against its critics, the opposition and human rights advocates.
Sister Fox had been involved with human rights missions in Mindanao in the country's troubled southern region, looking into the plight of indigenous people and farmers, leftwing lawmakers said, nearly a year after President Rodrigo Duterte imposed martial law on the southern island of Mindanao. Pat Fox had a good standing status both in Australia and in the Philippines.
Philippines' Intelligence services (NICA) said they had a photos of her raising a clenched fist with the banner "Stop Killing Farmers" as well as wearing a Philippines agricultural union T-shirt.