SEVENTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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Second R egular S ession 
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I I f  :
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S E N A T E
S.B. No. 1556
‘17 
AUG 16 
AH :24
RtCi.1. i I_'.
In tro d u ced  by S en ato r LOREN LEGARDA
AN ACT CREATING THE COMMISSION ON IMMIGRATION, DEFINING ITS 
POWERS AND FUNCTIONS, EXPANDING, RATIONALIZING AND FURTHER 
PROFESSIONALIZING 
ITS 
ORGANIZATION, 
UPGRADING 
THE 
COMPENSATION AND BENEFITS OF ITS OFFICIALS AND EMPLOYEES, 
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
E xplanatory Note
This bill seeks to reorganize and renam e the B ureau of Immigration to the 
Commission on Immigration, to be the governm ent agency principally 
responsible for the adm inistration and enforcem ent of laws, rules, and 
regulations concerning the entry and adm ission into, stay, and departure from 
the Philippines of all persons.
This bill recognizes the need for a strengthened immigration agency in 
response to the m odernization of structures and m echanism s necessary for the 
efficient adm inistration of immigration laws, and for the promotion of 
international order by preventing and denying the use of Philippine territory to 
persons who are engaged or likely to engage in terrorism , hum an smuggling 
and trafficking, and other crim inal activities.
Further, this m easure will enhance the quality of the immigration service by 
instituting a rigid system  of screening and selection of immigration officials and 
employees and prom oting their organizational development.
For these reasons, passage of this bill is earnestly sought.
LOREN LEGARDv
f  1


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SEVENTEENTH CONGRESS 
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REPUBLIC O F TH E PH ILIPPIN ES 
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S eco n d  R eg u lar S e ssio n  
)
..ri
• - . iDlii -f C l  li:>’ 
‘
’ 17 
AUG 16 
A ll :24
S E N A T E
S.B. No. 1556
ftcCtiVi u
I n tr o d u c e d  by SENATOR LOREN LEGARDA
AN ACT CREATING THE COMMISSION ON IMMIGRATION, DEFINING ITS 
POWERS AND FUNCTIONS, EXPANDING, RATIONALIZING AND FURTHER 
PROFESSIONALIZING ITS ORGANIZATION, UPGRADING THE COMPENSATION 
AND BENEFITS OF ITS OFFICIALS AND EMPLOYEES, APPROPRIATING 
FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assem bled:
S ectio n  1. Short Title. — This Act shall be known as the "Philippine Immigration 
and Registration of Foreign Nationals Act".
S ection 2. Policy Statem ent. -  In the conduct of its relation with other States, the 
Philippines shall give param ount consideration to national sovereignty, territorial 
integrity, national security, national interest, the right to self-determ ination, 
enhancem ent of economic diplomacy as well as the protection of overseas Filipinos 
in destination countries, as it adheres to the policy of peace, cooperation and amity 
with all nations. 
Toward this end, Philippine immigration policies, rules and 
regulations under this Act shall be applied and adm inistered as instrum ents for 
the promotion of dom estic and external interests of the Philippines, in recognition 
of:
(a) The adm ission of foreign nationals for the purpose of encouraging and 
enhancing capital investm ents, trade and commerce, cultural exchanges and other 
forms of friendly relations and cooperation;
(b) The need to support the country’s technological and scientific development;
(c) Promotion of conditions for social welfare and economic security of the people;
(d) Compliance with obligations and standards set by international law in the 
adm ission or exclusion of foreign nationals;
(e) Promotion of international order and justice by preventing and denying the use 
of Philippine territory to persons who are engaged or likely to engage in terrorism , 
hum an smuggling and trafficking, crim inal and other nefarious activities;
(f) M odernization of structures and m echanism s necessary for the adm inistration 
of immigration laws in keeping with the changing dem ands of the country’s role in 
the global community; and


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(g) Professionalization of the immigration service by instituting a rigid system  of 
screening and selection of immigration officials and employees and prom oting their 
development.
S ectio n 3. Definition of Terms. — As used in this Act, the following term s are 
defined as follows:
(a) "Admission" refers to the process by which a foreign national arriving at a port 
of entry in the Philippines is allowed into the countiy by the immigration 
authorities;
(b) "Board" refers to the Board of Commissioners;
(c) "Border Control Officer" refers to any person tasked to m an the Border Control 
Station as provided under Section 28 of this Act;
(d) "Captain" refers to the m aster of a vessel or pilot of an aircraft;
(e) "Child" refers to a person below eighteen (18) years of age;
(1) 
“Citizen" refers to any person who is a citizen of the Philippines under Section 
1, Article IV of the C onstitution of the Republic of the Philippines;
(g) “Commission" refers to the Commission on Immigration;
(h) “Com missioner” and “Deputy Com missioner” refer to the Com missioner Of 
Immigration and the Deputy Com m issioner of Immigration, respectively;
(i) 
“Com m itm ent Order” refers to an order issued by the Com missioner under 
Section 7(c)(2) of this Act th at directs the taking into custody of a foreign national 
after it has been determ ined th at a probable cause exists th at the foreign national 
comm itted acts a n d /o r om issions in violation of Philippine immigration laws, rules 
and regulations, or during the pendency of deportation case against such foreign 
national; Provided, T hat such custody shall not exceed three (3) m onths, unless 
there exists other legal grounds for continued custody;
(j) 
“C onsular Officer" refers to any consular, diplomatic, or other officer of the 
D epartm ent of Foreign Affairs who has been duly granted a consular commission 
for the purpose of issuing visas under this Act;
(k) “Derogatory Information” refers to details about persons and travel docum ents 
relating to immigration consisting of the following:
(1) “Blacklist Order” refers to an order issued by the Commissioner 
th at prevents a foreign national from entering the territorial 
jurisdiction;
(2) “Hold D eparture Order” refers to a directive from the Com missioner 
preventing a foreign national from leaving the territorial jurisdiction 
of the Philippines in cases of grant of bail and recognizance pending 
im plem entation of Sum m aiy Deportation Order, or an order 
im plementing a 
directive 
from 
the 
Regional Trial 
Courts, 
Sandiganbayan, and appellate courts to prevent a person from 
leaving the Philippines to any place outside thereof; and
(3) “W atch list Order” refers to an order issued by the Commissioner 
under this Act th at requires immigration personnel to m onitor the 
travel of any person for a period of sixty (60) days, extendible for


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another sixty (60) days and to notify the concerned government 
agencies of the Philippines.
(l) 
"Entry” refers to the arrival of a foreign national into any designated port of 
entry in the Philippines from a place outside thereof. A foreign national having a 
lawful perm anent residence in the Philippines shall not be regarded as m aking an 
entry for the purpose of this Act if such foreign national proves th at the departure 
to a place outside the Philippines was for a tem porary or limited period, or the 
continued absence from 
the Philippines was occasioned 
by deportation 
proceedings, extradition, or other legal process;
(m) “Exclusion” refers to the act of Immigration Officers denying adm ission of a 
foreign national into the country on grounds provided for in this Act;
(n) “Foreign National” refers to any person not a citizen of the Philippines;
(o) "Immigrant" refers to any foreign national departing from any place outside the 
Philippines destined for the Philippines, other than a non-im m igrant;
(p) “Immigration laws" refers to this Act and any other law presently existing or 
which may hereafter be enacted relating to movement of natural persons to and 
from the Philippines;
(q) "Immigration Officer" refers to any person appointed under Section 26 of this 
Act or any employee of the Commission designated by the Com missioner to 
perform the powers, duties and functions of an Immigration Officer as specified 
under this Act. 
The Immigration Officers shall be considered as the gate keepers 
and border control officers of the country;
(r) 
“Immigration Police” refers to any person appointed under Section 29 of this 
Act or any employee of the Commission designated by the Com m issioner to 
perform the powers, duties and functions of an Immigration Officer as specified 
under this Act. 
The Immigration Police shall be considered as the arm ed 
com ponent of the Commission;
(s) “Intelligence Officers” refers to any person appointed under Section 28 of this 
Act or any employee of the Commission designated by the Com missioner to 
perform the powers, duties and functions of an Immigration Officer as specified 
under this Act. 
The Intelligence Officers shall be considered as the arm ed 
com ponent of the Commission;
(t) 
“Interception” refers to the act of Immigration Officers denying departure 
clearance to any person leaving the country on grounds provided for in this Act;
(u) "Non-immigrant" refers to any foreign national departing from any place 
outside the Philippines who is allowed entry and adm ission into the Philippines for 
a tem porary or limited period of stay;
(v) “Non-refoulement” refers to a principle of international law which prohibits the 
forced return of a refugee to the state or territory where one’s life or liberty would 
be threatened;
(w) "Passport" refers to a docum ent issued by the Philippine governm ent to its 
citizens p u rsu an t to Republic Act No. 8239, otherwise known as “The Philippine 
Passport Act of 1996”;
(x) "Person" refers to a natural or juridical person such as but not limited to 
partnerships, corporations, com panies, and associations;


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(y) "Port of entry" refers to any port designated by the Com missioner through 
which a foreign national may enter or exit the Philippines;
(z) 
"President" refers to the President of the Republic of the Philippines;
(aa) “Refugee” refers to a person who, owing to a well-founded fear of being 
persecuted for reasons of race, religion, nationality, m em bership of a particular 
social group, or political opinion, is outside the country of nationality, and is 
unable or, owing to such fear, is unwilling to avail of the protection of th at country; 
or who, not having a nationality and being outside the country of former habitual 
residence, is unable or, owing to such fear, is unwilling to return to it;
(bb) "Seaman," “Seafarer” or "Crewmember" refers to a person actually employed in 
the operation or service in any capacity on board a vessel;
(cc) "Secretary" refers to the Secretary of the D epartm ent of Justice;
(dd) “Stateless Person” refers to a person who is not considered a national by any 
State under the operation of its laws;
(ee) “Travel document" refers to a certification or identifying docum ent containing 
the description and other personal circum stances of its bearer, issued for direct 
travel to and from the Philippines valid for short periods or a particular trip. It is 
issued only to persons whose claim to Philippine citizenship is doubtful or who fall 
under the category enum erated in Section 13 of Republic Act No. 8239, otherwise 
known as “The Philippine Passport Act of 1996”;
(ff) "Vessel" refers to all m eans of conveyances, w hether aircraft or sea craft;
(gg) "Visa" refers to an endorsem ent on a passport or any travel docum ent issued 
by a C onsular Officer abroad authorizing the holder thereof to proceed to a 
designated port of entry in the Philippines and there to apply for entry and 
adm ission under the statu s specified therein; or immigration statu s granted 
a n d /o r issued to foreign nationals by the Com missioner or the Board under this 
Act;
S ection 4. Creation. - The Commission on Immigration is hereby created. It shall 
be principally responsible for the adm inistration and enforcem ent of this Act, and 
the im plem entation of all laws, rules, regulations or orders of any com petent 
authority concerning the entiy and adm ission into, stay in, and the departure from 
the Philippines of all persons.
S ectio n  5. 
Composition and Qualification. 
- The Commission 
shall be 
adm inistered by the Board of Com missioners headed by the Com missioner as 
Chairperson, and two (2) Deputy Com missioners as m em bers, all of whom shall be 
natural-bom  citizens of the Philippines and, at the time of their appointm ent, at 
least thirty-five (35) years of age, holders of a college degree and with proven 
capacity for adm inistration: Provided, T hat the majority of the m em bers shall be 
m em bers of the Philippine Bar in good standing for at least five (5) years.
S e c tio n  6 . Powers and Functions of the Board. -  The Board shall have the 
following powers and functions:
(1.) 
Quasi-judicial:
(a) 
Decide on applications a n d /o r cases relative to:
(1) Deportation;
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(2) Revocation of immigration status;
(3) Reacquisition and retention of Philippine citizenship under RA 
9225;
(4) Issuance and revocation of all visas and permits;
(5) Declaration of indigence; and
(6) Legalization of residence in accordance with law; and
(b) 
Cite and punish for contem pt in relation to the discharge of its 
quasi-judicial functions in accordance with the Rules of Court;
(2.) 
Rule making:
(a) Prescribe and prom ulgate rules of proceedings before it;
(b) Prepare and publish operations m anual and rules of procedure, including 
schedule of fees, for all transactions entered into by ^ e  Commission with 
the public; and
(c) Form ulate policies, directives, program s and projects of the Commission.
Perform such other powers and functions as provided by existing laws, rules and 
regulations not inconsistent with any of the provisions of this Act.
S ectio n 7. Decisions of the Board. -  In all cases or proceedings before the Board, 
the decision of the majority shall prevail. Decisions of the Board shall become final 
and executory fifteen (15) days from receipt thereof. Only one (1) motion for 
reconsideration shall be filed with the Board.
Decisions in deportation cases may be appealed to the Secretaiy within fifteen (15) 
days from receipt thereof, whose decision shall be final and executory unless 
stayed by an order of the Court of Appeals.
S ectio n 8. Period for Decision by the Board. -  The Board of Com m issioners shall 
decide deportation cases within thirty (30) days from the date they are subm itted 
for decision or resolution.
S ection 9. Meetings of the Board. -  In all cases, the Board of Com m issioners shall 
convene and act as a collegial body in all m atters referred to in Section 10 of this 
Act. The Board shall meet at least once a week or, if necessary, twice a week. 
Members of the Board shall be notified accordingly and the presence of the 
C hairperson and one (1) m em ber shall constitute a quorum .
S ection 10. Qualifications Appointm ent and Rank of the Commissioner. — The 
Commissioner shall be appointed by the President and shall have the sam e rank, 
salary, and privileges of an Undersecretary of a Departm ent.
S ection 11. Powers and Functions of the Commissioner. -  In addition to the duties 
as Chairperson of the Board of Com missioners, the Com missioner shall exercise 
the following powers and functions:
(a) Supervise, direct and coordinate the overall operations of the Commission;
(b) Exercise control and supervision over the officers and personnel of the 
Commission, including but not limited to appointm ents, promotion, reassignm ents 
and other personnel movements, subject to existing civil service laws, rules and 
regulations. 
Provided, prom otion of personnel shall be approved by the 
D epartm ent Secretaiy through the recom m endation of the Commissioner;


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(c) Issue, (1) letter orders after determ ination of the existence of probable cause for 
the purpose of deportation; (2) com m itm ent or release orders; (3) w arrant of 
deportation; (4) order to inspect the docum ents, prem ises and records of persons 
covered by this Act and (5) derogatory information orders as defined in Section 3(k) 
of this Act;
(d) Delegate authority to subordinate officers and employees of the Commission, 
except with regard to powers and functions enum erated in the immediately 
preceding paragraph, which may be delegated only to the Deputy Commissioners;
(e) Act on applications for issuance and extension of visas;
(f) Act on petitions for declaration of indigence;
(g) Control opening and closure of posts, landing places, airports or ports as 
points of entry or exit, w hether limited or unlim ited;
(h) Increase, reduce or waive immigration fees, fines, penalties and other charges;
(i) Issue Certificate of Identification to foreign nationals who have been granted 
Philippine citizenship;
(j) Deputize any official or employee of the national governm ent and local 
governm ent units, including uniformed personnel of the Armed Forces of the 
Philippines, the Philippine National Police and the Philippine Coast G uard to assist 
immigration personnel in the perform ance of their duties and functions subject to 
the concurrence of the Board;
(k) Authorize and prescribe the forms and the am ount of cash bonds for the 
provisional release of respondents in deportation proceedings;
(l) Impose reasonable fines and penalties for violation of immigration and alien 
registration laws in accordance with this Act and the guidelines adopted by the 
Commission;
(m) Provide an express lane for the rendition of services upon paym ent of 
prescribed fees by persons served and to deposit in a government authorized 
depository bank all such fees received under a tru st fund th at may be made 
available for the paym ent of allowances to employees of the Commission, subject to 
existing auditing and accounting rules and regulations;
(n) Accept donation of m aterials, equipm ent or technical services from any foreign 
government, international or dom estic organization, to upgrade the efficiency and 
operations of the Commission;
(o) Subm it to the President and Congress, annually or as may be directed, a report 
on the;
(1) 
num ber and statu s of foreign nationals in the Philippines;


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(2) 
foreign nationals adm itted or granted change of statu s as 
perm anent residents;
(3) 
foreign nationals who have been excluded or deported from 
the Philippines;
(4) 
estim ated num ber of illegal foreign nationals in the 
Philippines in each calendar year and actions taken to arrest 
them , by nationality grouping, for each region in the 
Philippines; and
(5) 
such other transactions of the Commission;
(p) Assign immigration employees to do overtime work or services p u rsu an t 
to rules and regulations.
(q) 
Determine the m anning levels of immigration officers of the Commission 
nationwide in accordance with the num ber of arrivals in each port of 
entry as determ ined by the Board: Provided, That for every three 
hundred (300) passengers there shall be one (1) immigration officer in an 
eight-hour shift. Provided further, for every two (2) immigration officers, 
additional positions shall be created accordingly;
(r) 
Prepare and subm it supplem ental budget of the Commission for the 
consideration of the D epartm ent of Budget and Management;
(s) 
Prescribe such rules, regulations or other adm inistrative issuances to 
carry out the provisions of this Act;
(t) 
Prescribe the appropriate forms, bonds, reports, entries and other 
papers in accordance with this Act; and
(u) 
Perform such other functions inherent to the Commission.
S ection 12. Appointm ent and Rank of Deputy Commissioners. - There shall be two
(2) Deputy Com m issioners who shall be appointed by the President. They shall 
have the sam e rank, salary and privileges of an A ssistant Secretary of a 
Depeirtment.
S ection 13. Duties of Deputy Com missioners. - In addition to their duties as 
m em bers of the Board, the Deputy Com m issioners shall supervise a m inim um  of 
two (2) Directorates and one (1) regional office each as determ ined by the 
Commissioner.
S ectio n 14. Appointm ent and Tenure. -  There shall be an Executive Director of the 
Commission who shall be appointed by the President upon the recom m endation of 
the Com missioner and endorsem ent by the Secretary. 
The Executive Director 
m ust be a natural-bom  citizen of the Philippines, at least thirty (30) years of age. 
Career Executive Service (CES) eligible and a m em ber of the Philippine Bar in good 
standing for at least five (5) years prior to the appointm ent.
S ectio n  15. Powers and Duties. -  The Executive Director shall:
(a) 
Act as the Board Secretary in the m eetings of the Board;
(b) 
Advise and assist the Commissioner in the form ulation and im plem entation 
of the objectives, policies, plans and program s of the Commission;


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(c) 
Supervise all the operational activities of the Commission;
(d) 
Coordinate the program s and projects of the Commission and be 
responsible for its economical, efficient and effective adm inistration;
(e) 
Administer oaths in connection with all m atters relating to the business of 
the Commission; and
(f) 
Perform such other duties as may be assigned by the Commissioner.
S ection 16. Constitution of Boards of Special Inquiry. -  There shall be constituted 
as m any Boards of Special Inquiry (BSI) as required in the exigency of service but 
not more than twelve (12). Each Board shall be composed of a Chairperson and two
(2) m em bers. The Overall C hairm an of the BSI shall sit as the Chairperson of the 
First Board of the BSI. The BSI shall be designated according to their areas of 
specialization to be determ ined by the Board.
S ection 17. Appointm ent and Qualification of the C hairpersons and Members of 
the BSI. -  The C hairpersons and m em bers of the BSI shall be appointed by the 
Commissioner, all of whom shall be natural-bom  citizens of the Philippines and, at 
the time of their appointm ent, at least thirty (30) years of age, m em bers of the 
Philippine Bar in good standing, and engaged in the practice of law for at least 
three (3) years.
S ectio n 18. Powers and Functions of the BSI. -  The BSI shall:
(a) Recommend to the Board for final resolution cases a n d /o r applications 
relative to:
(1) Deportation;
(2) Revocation of immigration status;
(3) Recognition of Philippine citizenship by reason of birth or marriage;
(4) Legalization of residence in accordance with law; and
(5) Issuance of visa for stateless person;
(b) Issue subpoena in cases being heard by the BSI;
(c) Cite and punish for contem pt in the exercise of their quasi-judicial functions 
and in accordance with the Rules of Court;
(d) Recommend to the Board the imposition, waiver or reduction of fees, fines, 
penalties and other charges subject to existing laws, rules and regulations;
(e) Administer oaths;
(f) Prom ulgate m les and regulations governing m atters within its assigned 
m andate subject to the approval of the Board; and
(g) Perform such other duties and functions as may be directed by the 
Com missioner and the Board.
S ectio n  19. Proceedings before the BSI. -  The proceedings before the BSI shall be 
public and recorded. In all cases, the BSI shall m eet and act as a collegial body. 
Only m em bers of the Philippine Bar in good standing shall appear for and in behalf 
of any party before the BSI.
S ectio n  20. Resolutions of the BSI. 
-  Cases before the BSI shall be resolved 
within five (5) working days from the date the sam e are subm itted for resolution.


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Said resolution shall be subm itted immediately to the Board for action.
S ectio n  21. Creation and Com pensation. -  The basic m onthly com pensation of the 
following officials and employees shall be as follows:
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POSITION
SALARY
GRADE
Special Inquiry Officer II
25
Special Inquiry Officer I
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S ectio n  22. Directorates and O ther Operating Offices of the Commission. -The 
Commission shall have the following directorates and other operating offices, 
namely:
A. Directorates:
(1) 
Adm inistration;
(2) 
Finance and Logistics;
(3) 
Information and Com m unications Technology;
(4) 
Planning and Research;
(5) 
Alien Registration;
(6) 
Immigration Regulation;
(7) 
Intelligence;
(8) 
Law Enforcement;
(9) 
Operation;
(10) 
Legal; and
(11) 
H um an Resource M anagem ent and Development
B. Regional Offices shall be created according to political regions.
C. Districts:
(1) Major Airports; and
(2) Seaports
S ectio n 23. Heads of the Directorates and O ther Operating Offices.- Each 
Directorates and other operating offices shall be headed by a Director with a Salary 
Grade of 27. Provided, however. That Director for Legal shall be m em ber of the 
Philippine Bar in good standing, and m ust have been engaged in the practice of law 
for at least three (3) years. The Director for Finance Division shall be a Certified 
Public A ccountant in good standing for at least three (3) years.
S ectio n  24. Duties and Functions of the Directorates and O ther Operating Offices. 
-  The directorates and other operating offices of the Commission shall have such 
num ber of different officers and employees to carry out their respective duties and 
functions as may be defined by the Com m issioner in the im plem enting rules and 
regulations.
S ectio n  25. Staffing Pattern. -  The different directorates and other operating 
offices of the Commission shall have such num ber of officers and employees to 
carry out their respective duties and functions as may be defined by the 
Com missioner in the im plementing rules and regulations.
S ectio n  26. Immigration Officers. -  
No person shall be appointed to the position 
of Immigration Officer unless he or she m eets the qualification standards set by the 
Commission. The Immigration Officers shall perform the following duties:


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(a) Examine, witJi the assistance and advice of medical authorities in appropriate 
cases, foreign nationals at the port of entry concerning their admissibility to enter 
and their qualifications to rem ain in the Philippines;
(b) Exclude foreign nationals not properly docum ented, and to adm it foreign 
nationals complying with the applicable provisions of immigration and related 
laws;
(c) Adm inister oaths in connection with the perform ance of their duties;
(d) Search for foreign nationals on any vessel believed to be used to illegally bring 
foreign nationals into the Philippines, and to take into custody w ithout w arrant 
any foreign national who in ones presence or view is entering or is about to enter 
the Philippines in violation of immigration and related laws, rules and regulations;
(e) Act as control officer with authority to prevent the departure of passengers not 
complying with departure requirem ents; and
(f) Perform such other functions as may be assigned by the Com missioner from 
time to time. The Immigration Officers shall be considered as the gate keepers and 
border control officers of the countiy and shall receive the benefits and privileges 
given to uniformed personnel.
S ectio n 27. Transfer of Duties, Powers, Functions, and Assets. - The functions, 
powers, and assets of the W ater Utilities Division of the National W ater Resource 
Board (NWRB), as set forth in Presidential Decree 1206, and other applicable laws 
are hereby transferred to the Commission. In the sam e m anner, the pertinent 
economic regulation powers of LWUA as set forth under Presidential Decree No. 
198, as am ended; MWSS under RA 6234; PEZA under RA 7916; SBMA and under 
RA 7227; CDC under RA 7227 and Executive Order 80; and TIEZA under RA 9593 
are likewise hereby transferred to the Commission.
S ection 28. Deployment of Immigration Personnel Abroad. -  W ithin ninety (90) 
days from the effectivity of this Act, the D epartm ent of Foreign Affairs and the 
Commission shall prom ulgate the im plementing rules and regulations on the 
assignm ent and deployment of immigration personnel to select consular posts 
abroad who shall, subject to the pertinent provisions of Republic Act No. 7157 or 
the “Philippine Foreign Service Act of 1991 ”, perform immigration duties, except 
diplomatic and consular functions.
S ection 29. Immigration Police. -  No person shall be appointed to the position of 
Immigration Police unless he or she m eets the qualification standards set by the 
Commission. The Immigration Police shall perform the following duties:
(a) Locate, arrest and conduct operations against foreign nationals in violation of 
Immigration laws, rules and regulations;
(b) Enforce the immigration laws relating to the exclusion, deportation and 
repatriation of aliens;
(c) Take charge of the physical detention of aliens pending their exclusion, 
deportation or repatriation;
(d) Attend to the deportation of aliens;
(e) Monitor all arriving and departing suspected terrorists, drug couriers and other 
crime syndicates;
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(f) Assist and escort deportees, excluded passengers and transiting restricted 
passengers until finally boarded;
(g) A ssists in the queuing of passengers at the arrival and departure areas;
(h) Investigate and escort intercepted passengers who are found in possession of 
spurious travel docum ents from ports of entry;
(i) Im plem ent W arrant of Deportation (WOD) and Mission Orders involving foreign 
nationals in violation of Immigration laws, rules and regulations;
(j) Represent the Com m issioner in meetings, conferences and sem inars involving 
enforcem ent of immigration laws, rules and regulations;
(k) Perform such other tasks as may be directed by the Commissioner.
The Immigration Police shall be considered as the arm ed com ponent of the 
Commission and shall receive the benefits and privileges given to uniformed 
personnel.
S ectio n  30. Creation and Com pensation. -  The basic m onthly com pensation of the 
following officials and employees shall be as follows:
POSITION
SALARY
GRADE
Immigration Police Director
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Immigration Police Deputy Director
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Immigration Police Colonel
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Immigration Police Lieutenant 
Colonel
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Immigration Police Major
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Immigration Police Captain
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Immigration Police Lieutenant
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Immigration Agent I
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Immigration Agent II
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S ectio n  31. Immigration Research Specialist. -  No person shall be appointed to the 
position of Immigration Research Specialist unless he or she m eets the 
qualification standards set by the Commission. The Immigration Research 
Specialist shall perform the following duties:
(a) Form ulates and im plem ents the B ureau’s planning program s, projects and 
processes;
(b) Facilitates organization and Commission wide strategic planning sessions;
(c) C onducts workload assessm ent and forecasting;
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(d) Provides assistance to the B ureau in the im plem entation and establishm ent of 
a risk m anagem ent process;
(e) Im plem ents a monitoring feedback m easurem ent and evaluation system  for 
the im plem entation of projects and programs;
(f) R epresents the Commission in m eetings relating to Planning and Research; 
and
(g) Perform such other tasks as may be directed by the Commissioner.
S ectio n  32. Creation and Com pensation. -  The basic m onthly com pensation of the 
following officials and employees shall be as follows:
POSITION
SALARY
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Chief Immigration Research Specialist
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Supervising Immigration Research 
Specialist
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Immigration Research Officer III
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Immigration Research Officer II
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Immigration Research Officer I
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Immigration Research A ssistant
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S ectio n 33. H um an Resource M anagem ent Officer. -  
No person shall be 
appointed to the position of H um an Resource M anagem ent Officer unless he or she 
m eets the qualification standards set by the Commission. The H um an Resource 
M anagem ent Officer shall perform the following duties:
(a) Responsible for developing and executing hum an resource strategy in support 
of the overall plan and strategic direction of the B ureau specially in the areas of 
selection, hiring and promotion;
(b) Handles and designs employee training module;
(c) Develop comprehensive strategic recruiting and retention plans to m eet the 
hum an capital needs of strategic goals;
(d) Oversee recruitm ent, selection and promotion;
(e) Prepares schem es to strengthen the relationship between m anagem ent and 
employees;
(f) Set strategic course for the Commission to improve its performance;
(g) Set qualification standards and competency based modeling, hiring and 
promotion; and
(h) Perform such other tasks as may be directed by the Commissioner.
S ectio n  34. Creation and Com pensation. -  The basic m onthly com pensation of the 
following officials and employees shall be as follows:
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POSITION
SALARY
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Chief H um an Resource M anagem ent Officer
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Supervising Hum an Resource M anagement 
Officer
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HR M anagement Officer III
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HR M anagement Officer II
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HR M anagem ent Officer I
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HR M anagement A ssistant
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S ection 35. Career Pattern.The Commission shall:
a) Establish and strengthen the Philippine Immigration Academy 
which shall be under the control and supervision of the 
Commissioner;
b) Create a continuing program to enhance the knowledge, skills and 
competence 
of 
Immigration 
Officers, 
Intelligence 
Officers, 
Immigration 
Police and other personnel through 
a career 
advancem ent training and education prior to their promotion; and
c) Form ulate training requirem ents to implement this provision.
S ection 3 6 .Field Offices of the Commission. - The Commission shall operate and 
m aintain a field office in each of the adm inistrative regions including the National 
Capital Region.
S ection 37. Changes in the Composition, Distribution of Assignment of Field 
Offices. -  The Com missioner may m ake changes in the composition, distribution 
and assignm ent of field offices, as well as its personnel, based on the demographics 
of the foreign nationals and as the exigency of the service requires.
S ection 3 8 .Border Control Stations. -There shall be established Border Control 
Stations which shall be m anned by Border Control Officers appointed by the 
Commissioner. The Border Control Stations shall be placed in specific areas in the 
Philippines which shall be determ ined by the Board.
S ection 3 9 .Categories of Non-immigrants and Types of Visa Issued. -Foreign 
nationals departing from any place outside the Philippines who are otherwise 
adm issible and who qualify under any one of the following categories may be 
adm itted as non-im m igrants:
(a) Temporary visitors (A Visas):Visitors coming to the Philippines for a tem porary 
period for reasons of business, pleasure or health:
(1) B usiness (A-1 Visa): Temporary visitors engaged in activities of a 
commercial or professional nature for a foreign employer or for 
them selves that will not result in gainful employment in the 
Philippines. 
As used 
herein, 
the 
term 
“business” refers to 
conventions, 
conferences, 
consultations 
and 
other 
legitimate
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activities of a commercial or a professional nature, but does not 
include local employm ent or labor for hire;
(2) Pleasure (A-2 Visa): Tem poraiy visitors who stay in the Philippines 
for holiday, including sightseeing, recreation or visiting relatives; and
(3) Health (A-3 Visa): Temporary visitors who stay in the Philippines to 
avail of medical treatm ent.
(b) T ransit Persons (B Visa): Persons passing through the Philippines solely for a 
“stop over” who have a confirmed connecting flight to another country or 
passengers in immediate and continuous transit to a destination outside the 
Philippines;
(c) Crew m em bers (C Visa): Members of the crew of vessels required for the norm al 
operation and servicing of the vessels who come to the Philippines tem porarily as 
part of their jobs either arriving with or coming to join the vessels;
(d) Treaty Traders (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens and their 
family m em bers from a country th at has a trade treaty with the Philippines and 
coming to work in the Philippines for either a com pany they own or one th at is at 
least fifty percent (50%) owned by nationals of their home country and which 
com pany is engaged in substantial trade between the Philippines and their home 
country shall be granted a D-1 visa.
Citizens of a country th at has an investor treaty with the Philippines, and their 
family m em bers, and coming to work in the Philippines for a business they own or 
one th at is at least fifty percent (50%) owned by nationals of their home country 
and which business is supported by a substantial investm ent from nationals of 
their home country shall be granted a D-2 visa;
(e) Accredited Foreign Government Officials, Their Families and Household 
Member (E Visas): Foreign governm ent officials, their families and household 
m em bers coming to the country for official purpose, p u rsu an t to international 
conventions and bilateral agreem ents, shall be granted E Visas divided into four (4) 
types, namely:
(1) Persons eligible for E-1 Visa: The E-1 Visa shall be issued to the 
following classes of foreign nationals:
i. Heads of State a n d /o r Heads of Government and their personal 
representatives;
ii. M embers of reigning royal families from countries recognized by 
the Philippine Government;
iii. Govem ors-General, Governors, and High Com missioners of 
dependent territories and their personal representatives;
iv. Cabinet m inisters and their deputies, and officials with cabinet 
rank of m inisters;
V. Presiding officers of national legislative bodies;
vi. Ju stices or judges of the highest national judicial bodies;
vii. Diplomats and career consular officials on foreign assignm ent in 
the Philippines;
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viii. Military, naval, air and other attaches assigned to a diplomatic 
mission; and
ix. Accompanying spouses and unm arried dependents of foreigners 
within the abovem entioned categories;
(2) Persons eligible for E-2 Visa: The E-2 visa shall be issued to an official 
of a foreign government recognized by the Philippines, is a national of 
the country whose government he represents, and is proceeding to 
the Philippines on a long-term basis in connection with official 
business for h is/h e r government.
This category includes, inter alia, the following classes of foreign 
nationals:
i. Administrative and technical m em bers of the staff of a 
diplomatic or consular mission;
11. Official participating in program s under the auspices of the 
Philippine Government or recognized international institutions; 
and
iii. Accompanying spouses and unm arried dependents of foreigners 
within the abovem entioned categories;
(3) Persons eligible for E-3 Visa: The E-3 visa shall be issued to an official 
of a foreign government recognized by the Philippines, is a national of 
the country whose government he represents, and is proceeding to the 
Philippines on a short-term  basis in connection with official business 
for h is/h e r government.
This category includes, inter alia, the following classes of foreign 
nationals:
i. Diplomatic couriers regularly and professionally employed as 
such;
ii. All m em bers of official special m issions of a diplomatic 
character;
iii. Members of delegations proceeding to or from an international 
conference of a diplomatic or official nature; and
iv. Such other officials going to the Philippines on diplomatic or 
official missions;
(4) Persons eligible for E-4 Visa: The E-4 Visa shall be issued to the 
private employees and household m em bers of persons to whom E-1 
and E-2 visas have been granted, as well as their immediate 
dependents;
All visas under Section 29(e) of this Act shall be exclusively issued and 
renewed by the D epartm ent of Foreign Affairs, which shall also determ ine 
the type of E-Visa of Foreign Government Officials not identified in the 
foregoing lists. The grant of im m unities and privileges shall be subject to 
applicable dom estic and international law and international agreem ents to 
which the Philippines is a party, as well as in consideration of the principle of 
reciprocity.
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(f) Students (F Visa): Foreign students having m eans sufficient for their support 
and education in the Philippines who seek to enter the Philippines tem porarily for 
the sole purpose of taking up a course of study higher than high school at a 
university/sem inary, academ y or college accredited to adm it such foreign students 
by the Commission on Higher Education in coordination with the Commission, 
including the m onitoring of the statu s of activities of such foreign students in the 
Philippines;
(g) Prearranged Employment (G Visa): Foreign nationals coming to the Philippines 
on prearranged employment, including their family m em bers accom panying or 
following to join them  within the period of their employment. This category includes 
intra-com pany transferees, professionals, performing artists, athletes, and 
cultural exchange workers under a work exchange program;
(h) Religious W orkers 
(H Visa): Duly ordained or professional m issionaries and 
religious m inisters, including m em bers of their family, coming to the Philippines to 
join a religious congregation or denom ination duly registered with the Securities 
and Exchange Commission, upon invitation, sponsorship or guarantee of such 
religious congregation or denom ination, solely for the purpose of propagating, 
teaching and dissem inating their faith or religion;
(i) Representatives of International Organizations and Government Agencies (I 
Visa): For purposes of this Act, the term  “accredited international organization”, 
includes any public international organization in the activities of which the 
Philippines participates p u rsu an t to any treaty or under the authority of any act of 
the Congress of the Philippines authorizing such participation or m aking an 
appropriation for such participation and such other international organizations, 
institutions, agencies, program s, foundations and entities which are recognized by 
the governm ent of the Republic of the Philippines, including those existing and 
already recognized as such at the time of the effectivity of this Act.
Foreign officials and staff of accredited international organizations, including their 
dependent family m em bers, staff, and household m em bers shall be granted I-Visas 
divided into four (4) types, namely:
(1) Persons eligible for I-l Visa: The I-l Visa shall be issued to the principal 
officials of international organizations, as well as their accompanying 
wives eind dependents.
(2) Persons eligible for 1-2 Visa: The 1-2 visa shall be issued to the other
officials and staff of international 
accom panying wives and dependents.
organizations, as well as their
(3) Persons eligible for 1-3 Visa; The 1-3 visa shall be issued to officials and 
staff of international organizations who will perform short-term  official 
work with the international organization upon its invitation.
(4) Persons eligible for 1-4 Visa: The 1-4 Visa shall be issued to the private 
employees and household m em bers of persons to whom E-1 and E-2 
visas have been granted, as well as their immediate dependents.
All visas under Section 29(i) of this Act shall be exclusively issued and renewed by 
the D epartm ent of Foreign Affairs, which shall also determ ine the type of 1-Visa of 
officials and staff of International Organizations who are not identified in the 
foregoing lists. The grant of im m unities and privileges shall be subject to applicable 
dom estic and 
international law, 
relevant H eadquarters Agreements, 
and 
international agreem ents to which the Philippines is a party.
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international agreem ents to which the Philippines is a party.
(j) Media W orkers (J Visa): Foreign media personnel or correspondents, duly 
accredited by the government agency concerned, who are bona fide representatives 
of a foreign press, radio, satellite, television, film, or other information media, and 
are coming to the Philippines solely to engage in gathering information principally 
for dissem ination abroad, including their family m em bers accompanying or 
following to join them  during the period of the assignm ent in the Philippines;
(k) Exchange Visitors 
(K Visa): Foreign nationals entering the Philippines to teach, 
study, observe, conduct research or receive training in a specific Exchange Visitor 
Program duly approved by the Philippine Government;
(l) Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined in 
Section 3 (z) hereof shall be issued L-1 Visa. 
Stateless persons, whose adm ission 
for hum anitarian reasons and not inimical to public interest has been approved by 
the Commissioner or the President in such cases and under such conditions as he 
may prescribe, shall be issued L-2 Visa;
(m) Bridging Visa (M Visa): A tem porary visa which allows a foreign national to stay 
in the Philippines after h is/h e r current visa, other than tem porary visitor visa 
under Section 29(a), expires and while h is/h er application for adjustm ent of status 
is being processed.
(n) 
Special Non-Immigrants (N Visas): Such other foreign nationals including 
their family m em bers who may be adm itted as non-im m igrants under special laws 
or foreign nationals not otherwise provided for by this Act who are coming for 
tem porary periods only, and whose adm ission is authorized by the Commissioner 
or the President in the interest of the public or for hum anitarian considerations 
and under such conditions as he may prescribe.
S ection 4 0 .Quota Im m igrants.- Subject to conditions set forth in this Act, there 
may be adm itted into the Philippines, im m igrants, otherwise known as “quota 
imm igrants”, not to exceed two hundred (2001 of any one nationality based on 
immigration reciprocity for any one calendar year and upon allotm ent by the 
Commissioner of the corresponding quota num ber. In the allotm ent of quota 
num bers, the following order of preference shall be observed:
(a) First Preference: Those whose service and qualifications show high educational 
attainm ent, technical training, specialized experience, or exceptional ability in the 
sciences, arts, professions, or business as would reasonably enhance and 
contribute substantial benefits prospectively to the national economy, or cultural 
or educational interests or welfare of the Philippines, including their family 
m em bers, accompanying or following to join them , who shall likewise be allotted 
individual quota num bers;
(b) Second Preference: Parents of a naturalized Philippine citizen;
(c) Third Preference: Spouses or minor children of foreign nationals who are lawful 
perm anent residents of the Philippines; and
(d) Fourth Preference: Parents of foreign nationals who are lawful perm anent 
residents of the Philippines.
S ection 4 1 .Allotment of Quota. - The Commissioner shall, with respect to the first 
preference, allot not more than fifty percent (50%) of the annual quota allotm ent up 
to the end of Ju n e each year: Provided, however, That if the fifty percent (50%) is 
not utilized by the first preference, the balance thereof shall be given to the second,
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third, and fourth preferences in accordance with Section 30 of this Act. Any 
unused quota allotm ent for a calendar year cannot be carried over and utilized for 
the ensuing calendar year.
S ection 4 2 .Basis in Determ ination of Q uota Allotment. - The nationality of an 
imm igrant whose adm ission is subject to the num erical limitation imposed by 
Section 30 of this Act shall be that of the country of which the im m igrant is a 
national or a citizen. The nationality of an im m igrant possessing dual nationality 
may be that of either of the two countries regarding h im /h er as a national or citizen 
if h e /sh e  applies for a visa in a third country. If h e/sh e applies for a visa within one 
of the two countries regarding h im /h er as a national or citizen, h is/h e r nationality 
shall be that of the country in which h e/sh e files h is/h er application for a visa to 
enter the Philippines.
S ection 4 3 .Non-Quota Im m igrants.— The following im m igrants, known as 
“non-quota imm igrants”, may be adm itted w ithout regard to num erical limitation 
and immigration reciprocity:
(a) The spouse of a Philippine citizen: Provided, however, That the abandonm ent 
and failure to give support by the foreign spouse to h is/h e r Filipino spouse and 
family, legal separation, or term ination of the m arital status by annulm ent, 
declaration of nullity of m arriage or divorce where the cause is attributable to the 
foreign spouse, shall constitute grounds for cancellation of the im m igrant visa 
issued to the foreign spouse;
(b) A person of Filipino descent regardless of generation;
(c) A child born to a foreign m other during her tem porary visit abroad, the m other 
being a lawful perm anent resident of the Philippines, if accompanied by or coming 
to join the m other who applies for adm ission within five (5) years from the birth of 
the child;
(d) A child born subsequent to the issuance of an imm igrant visa to the 
accompanying parent, the visa not having expired or revoked;
(e) A foreign national who had been previously lawfully adm itted into the 
Philippines for perm anent residence who is returning from a tem porary visit 
abroad to an unrelinquished residence in the Philippines;
(f) A natural-born citizen who becomes a naturalized citizen of a foreign country 
and is returning to the Philippines for perm anent residence therein, including 
h is/h e r spouse and minor children accompanying or following to join him /her; and
(g) Spouse, parent, children, legitimate siblings of a foreign national who is 
gainfully employed and holder of a perm anent resident status for a period of seven 
(7) years.
S ection 4 4.S tatus of Children Born to Im m igrants.-A child bom  in the Philippines 
to parents who are foreign nationals and lawful residents of the Philippines shall be 
deemed a native-born perm anent resident.
S ection 4 5 .Status of Children Born to Non-immigrants. -A child born to parents 
who are both non-im m igrants shall be deemed a native-born non-im m igrant or 
tem porary resident and may rem ain in the Philippines only during the period of 
authorized stay of the parents, unless h e /sh e  reaches the age of eighteen (18) years 
while continuously residing in the Philippines, in which case h e/sh e may apply for 
naturalization under existing laws or for an appropriate visa.
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resident if: (a) the foreigner m akes an application for such adjustm ent; (b) the 
foreigner is eligible to receive a quota or non-quota im m igrant visa and is 
adm issible to the Philippines as a perm anent resident: and (c) a quota im m igrant 
visa, if such is the case, is immediately available to h im /h er at the time of h is/h er 
application, w ithout the need of first departing from the Philippines. In all such 
cases, the personal appearance of the foreigner shall be required during the 
consideration of h is/h e r application.
S ectio n  47. Effect of Approval on Application for Adjustm ent. - Upon the approval 
of an application for adjustm ent of statu s under the preceding section, the 
Com missioner shall record the foreign national’s lawful adm ission as a perm anent 
resident as of the date of the approval of the application and shall be included as 
part of the quota for the calendar year in accordance with Section 30 of this Act.
S ectio n 48. A djustm ent of Status, When Not Allowed. - Adjustm ent of status 
under Section 36 of this Act shall not be applicable to a foreign national: (a) who 
has violated or is in violation of immigration laws, rules and regulations unless the 
violation is without the fault of the foreign national or for purely technical reasons; 
and (b) transients.
S ectio n 49. Loss of Status. -  A registered foreign national, except a tem porary 
visitor, who fails to return to the Philippines within a period of one (1) year from 
departure shall loss his status. Otherwise, such foreign national shall apply for an 
extension of the period within which to return prior to its expiration and pay the 
prescribed fees and charges therefor in order to m aintain ones visa categoiy.
S ectio n 50. Docum entary Requirem ents of Non-immigrants. -  Non-immigrants 
m ust present for adm ission into the Philippines valid passports issued by the 
governm ents of the countries to which they owe allegiance or other travel 
docum ents showing their nationality and identity as prescribed by regulations, a 
valid visa granted by the Philippine C onsular Officer, if required, and such other 
relevant docum ents as may be required under existing laws, rules, regulations, or 
m ultilateral or bilateral agreem ents.
S ectio n  51. Conditions and Period of Authorized Stay of Temporary Visitors. - The 
initial period of authorized stay of a foreign national adm itted as a tem porary 
visitor under Section 29(a) of this Act shall not exceed fifty-nine (59) calendar days 
from the date of arrival, subject to bilateral, regional and m ultilateral visa 
agreem ents entered into by the Philippines; Provided, That the conditions for 
extensions and total period of authorized stay shall be prescribed by the 
Commissioner; Provided further, That during the foreign national’s authorized 
stay: (a) h e /sh e  shall not take any employment, w hether paid or unpaid; (b) h e/sh e 
shall not establish or join in any business; or (c) h e /sh e  shall not enroll and 
become a student at a school, college, university, academy, or other educational 
institution, unless h e /sh e  is granted, upon proper application, a conversion to 
another immigration statu s provided under this Act.
S ectio n  52. Conditions for Issuance of Pre-arranged Employment Visas. - A foreign 
national who is coming to the Philippines for prearranged employment shall not be 
issued a non-im m igrant visa referred to in Section 29(g) until the C onsular Officer 
shall have received authorization for the issuance of the sam e. Such authorization 
shall be given only upon the filing of a petition with the Board establishing, among 
others, th at no person can be found in the Philippines willing and com petent to 
perform the work or service for which the foreigner is desired and th at the 
adm ission would be beneficial to the public interest. The petition shall be under 
oath by the prospective employer or the latter’s representative in the form and 
m anner prescribed by the Board.
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If the Board finds th at the petition complies with the requirem ents of the preceding 
paragraph and of other regulations, it shall grant the petition and shall promptly 
transm it the authorization to the D epartm ent of Foreign Affairs.
S ectio n  53. Subm ission of Crew List and Passenger M anifest to the Commission. -  
Sim ultaneous to the vessel’s departure from the port of origin, the m aster, captain, 
agent, owner or consignee of any commercial vessel arriving to the Philippines shall 
subm it to the Commission, within a reasonable time prior to such arrival, the crew 
lists, passenger m anifests and such other information concerning the persons 
arriving on such a vessel. In the sam e m anner and condition, the m aster, captain, 
agent, owner or consignee of any commercial vessel departing from any port in the 
Philippines shall subm it to the Commission, within a reasonable time prior to such 
departure, the crew list, passenger m anifest and such other information 
concerning the persons departing on such vessel. 
The crew list of an incoming sea 
craft shall contain the appropriate visa granted by the Consular Officer.
S ectio n  54. Inspection of Crew m em bers. -  It shall be the duty of the m aster, 
captain, agent, owner or consignee of any vessel arriving in the Philippines to have 
available on board, for inspection by the Immigration Officer, any foreign 
crewm em ber employed on such vessel and to detain such crewm em ber on board 
after inspection and to remove such crewm em ber when required by the 
immigration authorities. No crewm em ber on board such vessel shall be discharged 
while the vessel is in port w ithout the perm ission of the Commissioner.
S ectio n 55. Perm ission for Temporary Landing of a Foreign Crew member. - A 
foreign crewmember on a vessel arriving in the Philippines may be perm itted to 
land tem porarily under such conditions as may be prescribed by the Commissioner. 
All expenses incurred by the Commission while the crewmember is on land sheill be 
borne by the m aster, captain, agent, owner or consignee of the carrying vessel.
S ectio n 56. Docum entary Requirem ents of Im m igrants; Instances When Not 
Required. - Im m igrants m ust present for adm ission into the Philippines valid 
passports or travel docum ents issued by the governm ent of the country to which 
they owe allegiance, showing their nationality and identity and valid im m igrant 
visas indicating the date of issue and the period of validity thereof. Im m igrant visas 
shall not be required of the following:
(a) A child bom  subsequent to the issuance of a valid im m igrant visa to the 
accom panying parent;
(b) A child bom  during the tem porary visit abroad of the m other who is a lawful 
perm anent resident of the Philippines and a holder of a valid reentry perm it, if the 
child is accom panied by either parent vdthin five (5) years from the date of the 
child’s birth; and
(c) A foreign national who is returning to an unrelinquished lawful perm anent 
residence in the Philippines after a tem porary residence abroad and presents for 
adm ission a valid reentry permit.
S ectio n  57. Nature of Visa. - Nothing in this Act shall be construed to 
autom atically entitle any foreign national to whom a visa or other travel docum ent 
has been issued to enter the Philippines if, upon arrival at a port of entry, h e /sh e  is 
found to be inadm issible under this Act or any other law.
S ection 58. Visa Policy. -  The policies governing the issuance, extension, renewal 
and conversion of visas referred to in Sections 29 and 33 hereof shall be jointly 
form ulated by the Commission and the D epartm ent of Foreign Affairs and, when 
appropriate, in consultation with concerned government agencies and offices.
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S ectio n 59. Visa Issuance Abroad. - All visas issued abroad shall be done by 
C onsular Officers assigned at Philippine Foreign Service posts in the following 
m anner:
(a) Upon approval by the Com missioner and recom m endation of a Consular Officer, 
a quota im m igrant visa may only be issued to a foreign national who has m ade a 
proper application therefor, which shall specify the foreign country, if any, to which 
the quota the num ber is assigned, the im m igrant’s particular statu s in such 
country, the preference to which the foreign national is classified, the date on 
which the validity of the visa shall expire, and such additional information as may 
be required; and
(b) The D epartm ent of Foreign Affairs, through its C onsular Office abroad a n d /o r 
the Office of the Visa Director, shall approve the issuance of non-quota im m igrant 
and non-im m igrant visas to a foreign national who has m ade a proper application 
therefor.
The issuance of special non-im m igrant visas falling under the jurisdiction of a 
particular governm ent office or agency can only be done in coordination with and 
upon recom m endation of the governm ent agency or office concerned.
S ectio n  60. Requirem ents for Physical a n d /o r Mental Exam ination Prior to 
Issuance of Im m igrant Visa. -  Prior to the issuance of an im m igrant visa to any 
foreign national, the C onsular Officer shall require such person to subm it to a 
physical and m ental exam ination in accordance with such regulations as may be 
prescribed by the Commissioner.
S ectio n  61. Visa Validity Period. - A single-entry non-im m igrant or im m igrant visa 
issued by a C onsular Officer abroad p u rsu an t to Section 49 of this Act shall be 
valid for a period not exceeding three (3) m onths: Provided: That in prescribing the 
validity period of a single-entiy non-im m igrant visa, the Consular Officer may, 
insofar as practicable, allow a longer validity period based on reciprocity as 
accorded by the foreign country to citizens of the Philippines who are within a 
sim ilar class.
An im m igrant visa may be replaced under the original num ber during the calendar 
year in which the original visa was issued for a foreign national who establishes to 
the satisfaction of the C onsular Officer th at h e/sh e was unable to use the original 
im m igrant visa during the period of its validity for reasons beyond h is/h e r control: 
Provided, That the foreign national is found by the Consular Officer to be eligible for 
another immigreint visa and has paid all the fees.
S ection 62. Denial of Visa, G rounds Thereof. - The Consular Officer may deny the 
application for visa (a) if it appears from the statem ents in the application or in the 
docum ents subm itted the applicant is not eligible for a visa under this Act; or (b) if 
h e /sh e  fails to comply with the requirem ents of the provisions of this Act.
S ectio n  63. Revocation of Visa Issued by C onsular Officer. - The Com missioner 
may, for valid cause and upon confirm ation by the D epartm ent of Foreign Affairs, 
revoke the visa issued by any C onsular Officer. If the notice of revocation is not 
received and the visa holder applies for adm ission into the Philippines, h is/h e r 
adm ission or entry shall be determ ined by the Immigration Officer upon h is/h e r 
arrival at the port of entry.
S ectio n 64. 
Re-entry. - Eveiy time a registered foreign national, except a 
tem porary visitor, departs or is about to depart tem porarily from the Philippines 
with the intention to return within one (1) year from departure, the foreign
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(b)
national m ust secure from the Commission a re-entry perm it or if h is/h e r 
authorized stay is less than one (1) year, a Special Return Certificate and pay the 
corresponding fees and charges therefor.
S ectio n 65. Emigration Clearance. -  A registered foreign national who departs 
piermanently from the Philippines shall surrender all Philippine immigration 
docum ents to the Commission and apply for and be issued an Emigration 
Clearance Certificate, subject to the following conditions:
(a) 
The im m igrant has no pending obligation with the governm ent or any of its 
agencies or instrum entalities;
The im m igrant has no pending criminal, civil, or adm inistrative proceeding 
which requires continued presence in the country; and
(c) 
There is no ongoing legislative inquiry where the im m igrant is called upon to 
testify as a witness.
A tem porary visitor departing from the Philippines shall, after the expiration of 
initial authorized stay, apply for emigration clearance with the Commission and 
pay the prescribed fees and charges therefor.
S ectio n  66. Presidential Prerogatives.- Any provision of this Act to the contrary 
notw ithstanding, the President may:
(a) Deny the entry and adm ission into the Philippines of any foreign national or a 
class of foreign nationals whenever the President finds th at the entry would be 
detrim ental to the interest of the Philippines or impose such restrictions as h e /sh e  
may deem appropriate;
(b) Waive passport a n d /o r docum entary requirem ents for non-im m igrants and 
im m igrants under such term s and conditions as h e/sh e may prescribe;
(c) Change the statu s of non-im m igrants by allowing them  to acquire perm anent 
residence statu s w ithout necessity of a visa;
(d) Deport any foreign national, subject to the requirem ent of due process;
(e) Admit non-im m igrants not otherwise provided for in this Act for hum anitarian 
considerations and when not detrim ental to public interest, under such term s and 
conditions as h e /sh e  may prescribe;
(f) Prohibit the departure from the Philippines of any person who is likely to 
disclose national security information, or who is likely to organize a rebellion 
abroad against the Philippines, or whose presence in the country is necessary to 
face, or be a witness in, crim inal proceedings; and
(g) Exercise, with respect to foreign nationals in the Philippines, such powers as 
are recognized by the generally accepted principles of international law.
S ectio n  67. Authority to Classify Ports. -  The Com missioner shall classify and 
designate, from among the ports of entry established by law for immigration 
purposes, limited or unlim ited ports of entiy through which foreign nationals may 
be adm itted into the Philippines. Only such classes of foreign nationals as provided 
under the rules and regulations prescribed by the Com missioner may be adm itted 
at limited ports of entry. The Com missioner may, after due notice to the public, 
close designated ports of entiy in the interest of national security or public safety.
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S ection 68. Inspection by Immigration Officer. - A foreign national seeking 
adm ission or readm ission shall present ones valid passport and visa, if required, to 
the immigration officer at the port of entry and shall be subject to prim ary 
inspection. The decision of the exam ining Immigration Officer, if favorable to the 
adm ission of any foreigner, may be challenged by another Immigration Officer. The 
final determ ination of admissibility of such foreign national shall be determ ined by 
the Com missioner in case no resolution is reached between the Immigration 
Officers on the challenged adm ission. In case of adm ission, the Immigration Officer 
shall indicate in the passport the date, the port of entiy and the identity of the 
vessel boarded.
S ectio n 69. Detention or Q uarantine for Exam ination. - For the purpose of 
determ ining w hether a foreign national arriving at any port in the Philippines 
belongs to any of the classes excludable under this Act by reason of being afflicted 
with any of the contagious or com m unicable disease or m ental disorder set forth 
under Section 70(a) of this Act or whenever the Com missioner has received 
information showing th at foreigners are coming from a country or a place where 
any of such diseases are prevalent or widespread, the foreigner shall be detained or 
quarantined for a reasonable period of time to enable the immigration and medical 
officers to subject such person to observation and exam ination.
S ection 70. Medical Exam ination Requirement. -  Any arriving foreign national 
whom the exam ining Immigration Officer believes to belong under the class of 
excludable foreign nationals specified in Section 70(a) herein shall be referred to 
designated medical officers for physical and m ental exam ination. 
Such medical 
officer shall certify h is/h e r findings for the information of the Immigration Officer.
S ectio n  71. Arrival Notice Requirem ents of Vessel. -  The immigration authorities 
shall be given prior notice of the arrival of any civilian vessel before such vessel 
comes into any area in the Philippines from any place outside thereof. 
Such prior 
notice shall not be required in the case of vessels with scheduled arrivals filed with 
the Immigration Officer in charge at the international port of entiy.
If, upon arrival in any area other than the designated port and there is no available 
Immigration Officer therein, the m aster, pilot, captain, agent or consignee shall not 
allow the passengers and crew m em bers to disem bark or leave the prim ary 
inspection area until the immigration officer shall have conducted the prim aiy 
inspection formalides.
S ectio n  72. C ontents of Notice of Arrival. -The advance notice of arrival required in 
the preceding section shall specify the following:
(a) 
Type of vessel and registration m arks;
(b) 
Visaed crewlist;
(c) 
Passenger manifest;
(d) 
Port of last departure;
(e) 
International port of intended destination, or other place authorized by 
the Commissioner;
(f) 
Estim ated time of arrival; and
(g) 
Authorized agent or representative at the place of arrival.
S ection 73. Conditional Permit to Disem bark. - A foreign crewm em ber of a vessel 
under Section 29(c) of this Act may be granted a conditional permit, in a form 
prescribed by regulations, to disem bark tem porarily from the vessel on which 
h e/sh e arrived while such vessel rem ains in port under such term s and conditions 
as may be prescribed by the Commissioner.
S ectio n  74. Confiscation and Cancellation of Permit; Deportation from the
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Philippines. - Upon the determ ination th at the foreign national is not a bona fide 
crewm em ber or does not intend to depart on the vessel th at brought him, the 
Com m issioner shall cancel and confiscate the conditional perm it already issued, 
take such foreign national into custody, and require the owner, operator, captain, 
m aster, pilot, agent or consignee of the vessel on which the foreigner arrived to 
receive and detain h im /h er on board. The expenses for removal of the foreign 
national, including the cost of detention and other expenses incidental thereto, 
shall be borne by the owner, operator, captain, m aster, pilot, agent or consignee of 
such vessel.
S ectio n 75. Liability for Overstaying Foreign Crewmen. - A foreign crewmember 
who rem ains in the Philippines in excess of the period allowed in the conditional 
perm it issued to him shall be solidarily liable with the owner, operator, captain, 
m aster, pilot, agent or consignee of the vessel to pay the penalties prescribed in 
Section 115 of this Act.
S ectio n  76. Liability for Unauthorized Discharge of Foreign Crewmember.- It shall 
be unlawful for any person, including the owner, operator, captain, m aster, pilot, 
agent or consignee of any vessel to discharge any foreign crewmember employed by 
a vessel arriving in the Philippines and whilst in port, without first obtaining the 
prior perm ission of the Commissioner. Otherwise, such person or owner, operator, 
captain, m aster, pilot, agent or consignee of the vessel shall pay the Commission 
such fines as may be prescribed under this Act. No such vessel shall be granted 
clearance from any port in the Philippines while such fines rem ain unpaid or while 
the validity thereof is being determ ined: Provided, That a clearance may be granted 
prior to such determ ination upon deposit of a sum  or cash bond sufficient to cover 
such fines as approved by the Commissioner.
S ectio n  77. Duty to Report Desertion or Illegal Landing of Foreign Crewmember. 
-The owner, operator, captain, m aster, pilot, agent or consignee of any vessel shall 
immediately report, in writing, to the Immigration Officer all cases of desertion or 
illegal disem barkation in the Philippines from the vessel, together with a 
description of such foreign nationals and any information th at shall result in their 
apprehension.
S ectio n  78. Requirem ent for Subm ission of List of Newly Employed, Discharged 
and Illegally Landed Foreign Crewmember. - Prior to the departure of any vessel 
from the last port in the Philippines destined to any place outside thereof, the 
owner, operator, captain, m aster, pilot, agent or consignee thereof shall deliver to 
the Immigration Officer at th at port a list containing:
(a) The nam es of crewm em bers who were not employed thereon at the time of the 
vessel’s arrival on such port but will depart thereat on the sam e vessel;
(b) the nam es of those, if any, who have been discharged;
(c) the nam e of those who have deserted or illegally landed at that port, if any; and
(d) such other additional information as the Com missioner deem s necessaiy.
S ectio n  79. Liability for Failure to Subm it Complete, True and Correct Report. - 
The owner, operator, captain, m aster, pilot, agent, or consignee who fails to subm it 
a true and complete list or report of foreign nationals or to report cases of desertion 
or illegal landing shall pay to the Commission such sum  as may be prescribed 
under this Act. No such vessel shall be granted clearance from any port in the 
Philippines while such fines rem ain unpaid or while the validity thereof is being 
determ ined: Provided, th at clearance may be granted prior to such determ ination 
upon deposit of a sum  or cash bond sufficient to cover such fines as approved by
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the Commissioner.
S ectio n  80. Exclusion Grounds. - The following classes of foreign national shall 
not be allowed entry and shall be excluded from the Philippines:
(a) 
Health Related G rounds
1. Those who are found to be suffering from a comm unicable, 
dangerous or contagious disease, unless excepted under existing 
laws, rules and regulations;
2. Those who are found to be suffering from m ental disorder or 
associated behavior th at may pose threat to persons or danger to 
property;
3. Those who are found to be suffering from addiction to prohibited or 
regulated substance;
(b) 
Economic G rounds
1. Those likely to become a public charge;
2. Those seeking entry for the purpose of performing skilled or 
unskilled labor, without a perm it from the Secretary of the 
D epartm ent of Labor and Employment as required by law;
(c) 
Moral G rounds
1. Those coming to the Philippines to practice polygamy or who 
advocate the practice of polygamy unless the person’s religion 
allows such practices;
2. Those who are pedophiles, sexual perverts or those coming to the 
Philippines for immoral purposes;
3. Those who are engaged or who seek to engage in prostitution or to 
procure or attem pt to procure prostitutes, or who receives in whole 
or in part the proceeds of prostitution;
4. Those who, at the time of prim ary inspection, by the Immigration 
Officer exhibit any obnoxious behavior, contem pt or disrespect for 
the said officer or any governm ent official or Commission;
(d) 
Criminal and Security G rounds
1. Those who have been convicted of a crime involving moral turpitude 
or who adm it to the Immigration Officer having committed such 
crime, or who attem pt and conspire to commit the crime;
2. Those who have been convicted, or who adm it having comm itted, or 
are comm itting acts which constitute the elem ents of a violation or 
conspiracy to violate any law or regulation of the Philippines or a 
foreign country relating to a controlled, regulated or prohibited 
substance, or who adm it having attem pted or conspired to commit 
the crime;
3. Those th at the Philippine Government knows or has reason to 
believe is a trafficker of any controlled, regulated or prohibited 
substance or knows or has reason to believe is or has been an 
accomplice, accessory, abettor, or co-conspirator in the illicit 
trafficking of any controlled, regulated or prohibited substance;
4. Those who are fugitives from justice;
5. Those who seek to enter the Philippines to engage in:
a. Espionage or sabotage, or a violation or evasion of any laws 
prohibiting 
export 
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technology 
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sensitive 
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b. Any activity aimed to promote m em bership in an organization 
of syndicated crim inal activities;
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c. Any activity, the purpose of which is to overthrow the 
Philippine governm ent by force, violence or other unlawful 
m eans; and
d. Any other unlawful activity.
6. 
Those who are engaged or believed to be engaged or likely to 
engage in, aid, abet or finance any terrorist activity and m em bers or 
representatives of a foreign terrorist organization;
7. Those who have been identified by com petent authorities, local or 
foreign, as having engaged or are engaging in hum an trafficking 
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smuggling;
8. Those who are under fifteen (15) years of age and unaccom panied 
by or not coming to a parent, except th at they may be adm itted in 
the discretion of the Commissioner, if otherwise admissible: 
Provided, th at they present a w ritten consent to travel from either 
parent citing the purpose thereof and affirmed by a Consular 
Officer; and
9. Those who have been identified by com petent authorities, local and 
foreign, as having engaged or are engaging in im portation of 
contrabands and other prohibited articles into the country.
S ectio n 81. Temporary Custody of Excludable Foreign Nationals. - For the purpose 
of ascertaining w hether a foreign national arriving in the Philippines belongs to any 
of the excludable classes of foreign national provided for in this Act or related laws, 
the Immigration Officer, for a period not exceeding seventy-two (72) hours, may 
tem porarily take into custody for investigation such foreign national either on 
board the vessel or at a place designated for the purpose at the expense of the 
m aster, captain, agent, owner or consignee of the carrying vessel.
S ectio n  82. Finality of Exclusion Order. - An order by the Immigration Officer to 
exclude a foreign national who is excludable under Section 70 hereof is final and 
executory unless revoked by the Com m issioner upon a timely appeal prior to the 
im plem entation of the exclusion order.
S ectio n  83. Authority to Waive G rounds for Exclusion. - Except for grounds of 
exclusion under Section 70(d), subparagraphs 1 to 7 and 9, the Com missioner may 
waive any of the grounds for exclusion m entioned therein.
S ectio n  84. Procedure of Removal and Cost Thereof -  Any foreign national 
arriving in the Philippines who is ordered excluded shall be immediately removed 
in the sam e accom m odation to the country where h e/sh e boarded the vessel on 
which h e /sh e  arrived, unless the Com missioner determ ines th at immediate 
removal is not proper and practicable. The cost of detention and other expenses 
incidental thereto shall be borne by the owner, operator, m aster, pilot, captain, 
agent or consignee of the vessel on which h e/sh e arrived.
S ectio n  85. Country Where Removal is to be Directed. - If the governm ent of the 
country designated in the preceding section vrill not accept the foreign national into 
its territory, the removal of the foreign national shall be directed by the 
Com m issioner’s discretion and w ithout necessarily giving preference, either to:
(a) 
The country which h e /sh e  is a citizen or national;
(b) 
The country of birth;
(c) 
The country of the foreign national’s habitual residence; or
(d) 
The country willing to accept the foreign national into its territory, if 
removal to any of the foregoing countries is im practical or impossible.
S ectio n  86. Obligation of Owner, Operator, M aster, Captain, Pilot, Agent or 
Consignee. - It shall be unlawful for an owner, operator, m aster, captain, pilot,
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agent, or consignee of a vessel to refuse or fail to:
(a) Board a foreign national ordered excluded and removed under Section
70 hereof in the sam e vessel or another vessel owned or operated by the sam e 
company;
(b) Detain a foreign national on board any such vessel at the port of arrival when 
required by this Act or when so ordered by an Immigration Officer;
(c) 
Deliver a foreign national for medical or other exam inations when so ordered 
by such officer;
(d) Remove a foreign national from the Philippines to the countiy to which the 
individual’s removal has been directed; or
(e) Pay the cost of detention and other expenses incidental thereto of a foreign 
national incurred while being detained as required by Section 74 of this Act or 
other costs necessary or incidental to his removal as provided in this Act.
S ectio n  87. Penalty for Non-compliance of Obligation. - The owner, operator, 
m aster, captain, pilot, agent, or consignee of a vessel who violated Section 76 
hereof shall pay the fines prescribed under this Act. No such vessel shall be 
granted clearance from any port in the Philippines while such fines rem ain unpaid 
or while the validity thereof is being determined: Provided, That clearance may be 
granted prior to such determ ination upon deposit of a sum  or cash bond sufficient 
to cover such fines as approved by the Commissioner.
S ectio n  88. 
C lasses of Deportable Foreign Nationals. — The following foreign 
nationals shall be taken into custody upon the order of the Com missioner and 
deported upon recom m endation by the Board of Special Inquiry and approval by 
the Board:
(a) Those who entered the Philippines by m eans of false and misleading statem ents 
or docum ents, m isrepresentations or w ithout inspection and adm ission by the 
immigration authorities;
(b) Those who entered the Philippines who were not lawfully adm issible at the time 
of entry;
(c) Those who abet or aid in the practice of prostitution, including the owner or 
m anager of a prostitution den, or are pedophiles;
(d) Those who, at any time after the date of entry, have become a public charge;
(e) Those who rem ain in the Philippines in violation of any period of lim itation or 
condition under which they were adm itted;
(f) Those who believe in, advise, advocate or teach the overthrowing by force and 
violence of the Government of the Republic of the Philippines, or duly constituted 
authority, or those who do not believe in or are opposed to organized governments, 
or those who advise, advocate or teach the assault or assassination of public 
officials by reason of their office, or those who advise, advocate or teach the 
unlawful destruction of property, or those who are m em bers of or affiliated with 
any organization entertaining, advocating or teaching such doctrines, or those who 
in any m anner whatsoever extend assistance, financial or otherwise, in the 
dissem ination of such doctrines;
(g) Those who, a t any time after entiy, engage in, abet, aid or finance any terrorist
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activity;
(h) Those who, at any time after entry, are charged of a crime involving acts or 
om issions punishable under Philippine penal laws cognizable by the Regional Trial 
Courts and the Sandiganbayan;
(i) Those who, at any time after entry, are convicted by final judgm ent of a crime 
involving moral turpitude which is punishable under Philippine penal laws and 
cognizable by the first level courts;
(j) Those who were adm itted as non-im m igrants and who obtained an adjustm ent 
of their adm ission status for convenience, or through fraud, falsification of 
docum ents, m isrepresentations or concealm ent of m aterial facts;
(k) Those who violated Philippine labor and taxation laws, rules and regulations;
(l) Those who are found to be undesirable and whose further stay in the 
Philippines is inimical to public welfare and interest, or the dignity of the Filipinos, 
or the Republic of the Philippines as a sovereign nation;
(m) Those who forge, counterfeit, alter or falsely m ake any docum ent; or use, 
attem pt to use, possess, obtain, accept or receive or provide any forged, counterfeit, 
altered or falsely m ade docum ent; or use, attem pt to use, provide, attem pt to 
provide, accept or receive a genuine docum ent, even of another person, without 
authority to do so for the purpose of satisfying or complying with the requirem ents 
of the Commission;
(n) Those whose presence or activities in the country may result in adverse 
consequences to Philippine foreign policies as determ ined by the Secretary of 
Foreign Affairs;
(o) Those who m isrepresented them selves as Filipino citizens in all immigration 
m atter; and
(p) Those who commit any violation of the provisions of this Act, independent of 
any criminal action which may be brought against them: Provided, however, That 
in the case of a foreign national who, for any reason, is convicted and sentenced to 
suffer both im prisonm ent and deportation, said foreign national shall first serve 
the entire period of the sentence before being deported.
S ection 89. Non-Prescription of Deportation Cases.-The right of the State to 
initiate at any time deportation proceedings shall not prescribe.
S ection 90. Nature of Deportation Proceedings. -  Deportation proceedings shall be 
independent of any action that may be instituted against a foreign national: 
Provided, That no deportation orders shall be issued against foreign nationals 
facing preliminary 
investigation, 
prosecution 
and 
trial 
before 
com petent 
authorities.
S ection 91. Formal Charge of Deportation. -  A formal charge for deportation shall 
be issued upon determ ination of the existence of a prim a facie case against the 
foreign national.
S ection 92. Bail.- Pending final determ ination of the foreign national’s deportation 
case, the foreign national shall, upon the discretion of the Commissioner: (a) 
rem ain under detention; or (b) be released on bail or recognizance. The bail may 
be revoked and confiscated in favor of the government if there is sufficient evidence 
th at the foreign national is evading the proceedings or is attem pting to abscond, in
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which case h e /sh e  shall be taken into custody and placed under detention by order 
of the Commissioner.
S ection 93. Custodyof a Foreign National Convicted of a Felony or an 
Offense.-After service of the sentence or compliance with the conditions of parole or 
probation, as the case may be, the foreign national shall be taken into custody for 
immediate deportation by order of the Board.
S ection 94. 
Voluntary Deportation, When Authorized. -  In case the foreign 
national does not contest the formal charge against and opts to voluntarily leave 
the country at the own expense of the foreign national, the Commissioner may 
waive the deportation proceedings and order the departure within the period 
specified in the voluntary deportation order: Provided, That the foreign national has 
not committed any criminal offense or has no pending criminal investigation: 
Provided, further, That the said foreign national so deported shall be barred from 
re-entering 
the 
country 
w ithout 
prior 
written 
authorization 
from 
the 
Commissioner.
S ection 95. Period to Enforce Order of Deportation. -  The order of deportation 
shall be enforced immediately but in no case shall exceed three (3) m onths from the 
date it has become final and executory. If deportation is not enforced within the 
prescribed period, the foreign national may be released on bail or recognizance.
S ection 96. Suspension of Deportation Order. -  The Commissioner may suspend 
the im plem entation of the deportation order and order the release of the foreign 
national on bail or recognizance, taking into account the following factors:
(a) 
Age, health, family or conduct;
(b) 
Period of detention;
(c) 
Im pact on national security and public welfare;
(d) 
Unavailability of travel docum ents;
(e) 
Existence of an application for refugee or statelessness status; or
(f) 
Other hum anitarian considerations.
S ection 97. R einstatem ent of a Deportation Order. -  A deportation order 
previously implemented against a foreign national who unlawfully re-entered the 
Philippines shall be deemed autom atically reinstated and shall be implemented in 
accordance with this Act. This provision shall also apply to a foreign national who 
departed voluntarily under Section 84 hereof
S ection 98. 
Country of D estination of a Deportee. -  Except as provided for under 
existing treaty or international agreem ent, a foreign national shall be deported to 
the country of which the person is a citizen or national, or to the country of birth of 
the individual, or to the country of which the individual is a resident, or to the 
country from which the individual em barked for the Philippines, subject to the 
acceptance by the receiving country.
S ection 9 9 .Cost of Deportation. -  The cost of deportation shall be borne by the 
owner, operator, captain, m aster, pilot, agent or consignee of a vessel in case its 
foreign crewmember is to be deported for violation of Section 90 of this Act. In all 
other cases, the cost of deportation shall be borne by the deportee him self/herself, 
the 
concerned 
consular 
office, 
nongovernm ent 
organizations 
or people’s 
organizations with which the Commission has an agreem ent on this m atter, or 
from the appropriations for the enforcem ent of this Act.
S ection lOO.Liability of Owner, Operator, Captain, M aster, Pilot, Agent or 
Consignee of a V essel.- Failure or refusal on the part of the owner, operator, 
captain, m aster, pilot, agent or consignee of a vessel to take on board, guard safely
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and transport the deportee to the foreign national’s country of destination, or to 
shoulder the cost of deportation of the foreign crew m em ber as provided in Section 
89 hereof, shall be punished by an adm inistrative penalty prescribed under this 
Act.
S ection 101. Expenses of Accompanying Person. -  The Commissioner may, for 
security reason or by reason of the m ental or physical condition of the deportee, 
direct an employee of the Commission to accom pany such deportee to the country 
of the person's destination, subject to the provisions of the immediately preceding 
sections.
S ection 102. Removal of Indigent Foreign National. -  At any time after entry, the 
Commissioner may remove indigent foreign nationals from the Philippines to the 
country of which they are citizens or nationals, or country of birth, or country of 
residence, as the case may be. The cost of deportation may be charged against the 
available funds of the Commission. Any foreign national removed under this 
section shall be barred re-adm ission except upon written authorization of the 
Board of Commissioners.
This provision shall not apply to a foreign national declared as an indigent by any 
Philippine court for purposes of filing a case or to pursue a cause of action which 
resulted in the individual’s indigency until such action is resolved with finality: 
Provided, That no other grounds for deportation exist during the pendency of the 
same.
S ection lOS.Requirem ent of Registration. - All foreign nationals shall register with 
the Commission or any Immigration Office nearest to the place of residence on or 
before the sixtieth (60th) day of h is/h er latest arrival in the Philippines.
S ection 104.Registration Form and Oath.- Applications for registration shall be 
under oath and in such form as prescribed by the Commission. Upon registration, 
a certificate of registration shall be issued by the Commission to the registrant. In 
case of loss or destruction of the certificate, a replacem ent thereof may be issued by 
the Commission upon proper application and paym ent of prescribed fees.
S ection 105.Amendment of Registration.- A registered foreign national shall notify 
the Commission in writing of any change of information in the person’sregistration 
docum ents not later than seven (7) days thereof
S ection 106.Presentation of Certificate of Registration. - Every foreign national 
required to register under this Act or the parent or guardian of such foreign 
national shall, upon dem and of any personnel authorized by the Commissioner, 
present a certificate of registration of the individual, and failure to do so without 
Justifiable cause shall be dealt with in accordance with the provisions of this Act.
S ection lOT.Reportorial Requirements. -Every foreign national registered under 
this Act shall, within the first sixty (60) days of every calendar year, report in 
person to the Commission. The Commissioner may exempt personal appearance of 
foreign nationals registered under this Act subject to certain requirem ents and 
conditions as may be prescribed in the rules and regulations issued for the 
purpose.
S ection 108.Failure to Comply with Requirements. - A foreign national, or the 
parent or guardian of the foreign national, as the case may be, who, without 
justifiable reason, fails to comply with all the requirem ents under this Act, or who 
files an application for registration containing statem ents known by the individual 
to be false, or who utilizes registration docum ents other than th at of the individual.
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shall be dealt with in accordance with the provisions of this Act and other existing 
laws.
S ection 109.Cancellation of Registration of Foreign National.- In case of death of a 
foreign national registered under the provisions of this Act, the legal heir, 
representative or adm inistrator of the foreign national m ust inform the 
Commission within sixty (60) days from death and the Commission shall cancel 
such registration. The Local Civil Registrar or other civil registry officer of the 
locality where said foreign national died shall furnish the Commission with a copy 
of the Certificate of Death within thirty (30) days from issuance thereof. Failure on 
the part of the persons concerned to comply with the requirem ents of this section 
shall be dealt with p u rsu an t to the provisions of existing laws.
S ection llO .B onds, When Required. - The Commission shall have the authority to 
require cash bonds in such am ounts and under such conditions as it may 
prescribe:
(a) 
To control and regulate the adm ission into, and departure from, the 
Philippines of foreign nationals applying for tem porary admission;
(b) 
To insure against foreign passengers liable to be excluded as likely to 
become public charges; and
(c) 
To insure the appearance of foreign nationals released from custody 
during the course of deportation proceedings instituted against them.
S ection 111.Requirem ent of Cash Deposits for Services Rendered. -  The 
Commission shall likewise have the authority to require cash deposits in such 
am ounts as may be necessary from vessel’s owner, operator, captain, m aster, pilot, 
agent, or consignee or other persons served for services rendered as established by 
the implementing rules and regulations.
S ection 112. Cancellation and Forfeiture of Bonds. -  When the conditions of the 
bond are fulfilled, or in case of a bond posted to insure against a foreign national 
becoming a public charge, when the Commissioner decides that the likelihood no 
longer exists, or death of the foreign national in whose behalf the bond is posted, 
the bond shall be cancelled and released to the depositor or the legal representative 
of the foreign national. In case of violation of the conditions of the bond, the same 
shall be forfeited and deposited in a tru st fund account which may be utilized for 
the purchase of passage tickets for removal of indigent foreign nationals and to 
cover the costs of operations in locating deportees who jum p bail.
S ection 113. Petitions for Recognizance, Sanction for Breach of Conditions. - The 
Commissioner may order the release of a foreign national upon recognizance of the 
individual’slawyer or a person who is of good standing in the comm unity, under 
such term s and conditions as h e/sh e may prescribe. Failure to comply with the 
term s and conditions of the recognizance shall subject said lawyer or person to a 
fine of not less than Fifty thousand pesos (P50,000.00) but not more than One 
hundred thousand pesos (P100,000.00), w ithout prejudice to other adm inistrative 
sanctions an d /o r proceedings against the erring party.
S e c tio n ll4 . Working Cooperation with the D epartm ent of Foreign Affairs. -For 
purposes of efficient im plem entation and adm inistration of this Act, the 
Commission shall m aintain a working cooperation with the D epartm ent of Foreign 
Affairs.
S ection 115.Working Cooperation with the Commission on Higher Education. -
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S ection 115.Working Cooperation with the Commission on Higher Education. -  
The Commission shall m aintain a working cooperation with the Commission on 
Higher Education with respect to accreditation of schools and learning centers for 
enrolm ent of foreign students as authorized under this Act.
S ection 116. Working Cooperation with the Civil Aviation Authority of the 
Philippines. -  The Commission shall m aintain a working cooperation with the Civil 
Aviation Authority of the Philippines (CAAP) with respect to accreditation of flying 
schools for the enrollm ent of foreign students.
S ection llT .C oordination with Law Enforcement, Security and Other Offices. -The 
Commissioner shall have authority to m aintain coordination with the National 
Security Council, the Philippine National Police, and other law enforcem ent 
agencies of the government.
Section 118.Authority of the Com missioner to Prescribe, Impose and Collect Fees 
and Charges. - The Commissioner is authorized to prescribe, impose and collect 
fees and charges for services rendered p u rsu an t to the provisions of this Act.
S ection 119. Fine for Failure to Subm it Crew List or Passenger Manifest, or 
Failure to Account Every Passenger and Crew. - Any pilot, m aster, agent, owner or 
consignee of a vessel arriving at any port in the Philippines from a place outside 
thereof who fails to subm it to the immigration authorities a complete and accurate 
crew list or passenger m anifest, or fails to produce or account every crewmember 
or passenger whose nam e appears in said list or m anifest shall be subject to fines 
of One hundred thousand pesos (P100,000.00) and Fifty thousand pesos 
(P50,000.00) for each unaccounted person, respectively.
S ection 120.Fine for Violation of Obligation on the Landing or Removal of Foreign 
Nationals. - A pilot, m aster, agent, owner or consignee of any vessel arriving at a 
port of the Philippines from a place outside thereof for having a foreign national on 
board in violation of this Act shall be fined not less than Fifty thousand pesos 
(P50,000.00) but not more than Two hundred thousand pesos (P200,000.00) for 
each act of violation consisting of:
(a) Failure to prevent the landing of such foreign national in the Philippines at any 
time or place other than as designated by the immigration officer;
(b) Refusal or failure to pay the cost of m aintenance and other costs, as required by 
Section 71 of this Act, of such foreign national when tem porarily removed from the 
vessels for exam ination by order of the immigration officer;
(c) Refusal to receive such foreign national on board for removal from the 
Philippines if the foreign national is excluded, or to pay the cost of removal, if by 
another vessel as required under Section 76 of this Act;
(d) Making any charge against such foreign national for the cost referred to in (b) 
above, or for the cost of the removal of the foreign national from the Philippines if 
the latter is excluded, or taking any security from the foreign national for the 
paym ent of any such costs.
S ection 121.Fine for Bringing Undocum ented Foreign National, or Foreign 
National Afflicted with Communicable or Contagious Disease, or Suffering from 
Mental Disorder. - The pilot, m aster, agent, owner or consignee of the vessel 
arriving at a port in the Philippines from a place outside thereof bringing on board 
an undocum ented foreign national shall be fined One hundred thousand pesos
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(PI00,000.00) for each foreign national. If the foreign national is afflicted with a 
comm unicable or contagiousdisease or is suffering from m ental disorder, the fine 
shall be not less than Two hundred thousand pesos (P200,000.00) but not more 
than Three hundred thousand pesos (P300,000.00) for each foreign national.
S ection 122.Fine for Bringing a Foreign National to Assist His Illegal Entry or 
M isrepresenting a Foreign National as a Member of the Crew. - The pilot, m aster, 
agent, owner or consignee of the vessel arriving at any port in the Philippines from 
a place outside thereof bringing on board a foreign national bound for the 
Philippines to assist the illegal entry of the foreign national, or m isrepresenting the 
foreign national to the Immigration Officer at the port of arrival as a bona fide 
m em ber of the crew, shall be fined not less than One hundred thousand pesos 
(P100,000.00) but not more than Two hundred thousand pesos (P200,000.00) for 
each foreign national.
S ection 123.Fine for Violation of O ther Provisions of this Act.- The pilot, m aster, 
agent, owner or consignee of any vessel arriving at any port of the Philippines from 
a place outside thereof who violates any other provision of this Act not specifically 
provided in this C hapter shall be fined not less than Fifty thousand pesos 
(P50,000.00) but not more than Two hundred thousand pesos (P200,000.00) for 
each violation.
S ection 124.Other Prohibited Acts and Penalties Thereof. -Any person who shall 
commit any of the acts specified hereunder shall, upon conviction, suffer the 
penalty of prision correccional in its maximum period to prision m ayor in its 
m inim um  period or a fine of not less than One hundred thousand pesos 
(P100,000.00) but not more than Five hundred thousand pesos (P500,000.00) or 
both, at the discretion of the court:
(a) Im personates another individual, or falsely appears in the nam e of a deceased 
individual, or evades the immigration laws by using an assum ed or fictitious name 
when applying for an immigration docum ent;
(b) Issues or otherwise disposes of an immigration docum ent or an immigration 
accountable form, to any person not authorized by law to receive such docum ents;
(c) Obtains, m anufactures, prints, accepts or uses any immigration or travel 
docum ent knowing it to be false or uses immigration accountable form that is not 
legally issued;
(d) Enters the Philippines w ithout inspection and adm ission by the immigration 
authorities, or obtains entry into the Philippines by fraud, m isrepresentation, or 
concealm ent of m aterial facts;
(e) M isrepresents him self/herself to be a Philippine citizen;
(f) Knowingly m akes under oath any false statem ent regarding any immigration 
m atter; or
(g) Brings into, or lands in the Philippines, or conceals, harbors, employs, or gives 
comfort to any person not duly adm itted by any Immigration Officer or not lawfully 
entitled to enter into or resides within the Philippines, or attem pts, conspires with, 
or aids another to commit any such acts.
Where the offender of any acts specified in paragraph (g) of this section is a 
corporation, company, partnership or other juridical entity, the president, general 
m anager, m anaging partner, or chief executive officer thereof shall be held liable. 
Dismissal of the employee by the employer before or after apprehension shall not
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the vessel which may be enforced in the sam e m anner as fines are collected and 
enforced under existing laws. Such vessel shall not be allowed to depart without 
prior clearance issued by the Commission. Where forfeiture is justified under the 
particular circum stances of the case, the forfeiture of the vessel in favor of the 
government in lieu of the fine shall be decreed.
Conviction by final judgm ent of any offense punishable under this Act or other 
related laws shall result in the autom atic revocation or cancellation of any 
immigration docum ent issued to the offender, including that of the foreign 
national’s spouse and unm arried children, if applicable.
S ection 125.Penalty for Aiding the Escape of Detained Foreign National. - Any 
person who shall be found to have helped, assisted, supported, caused and 
m inistered the escape including harbouring and concealing of a foreign national 
shall, upon conviction, be im prisoned for not less than five (5) years and not more 
than ten (10) years and a fine of not less than Five Thousand Dollars ($5,000.00). 
Provided, that if the person liable is a foreign national, h e/sh e shall be deported 
after service of sentence. 
Provided further, that any tools, equipm ent, im plem ents 
a n d /o r vehicles used in the escape of a detained foreign national shall be destroyed 
or forfeited in favor of the government.
S ection 126,Penalty for Non-compliance of Subpoena.- Any person who, having 
been duly served with a subpoena, fails to comply w ithout valid and justifiable 
reasons shall, upon conviction, suffer the penalty of im prisonm ent of not more 
than fifteen (15) days or a fine of not more than One thousand pesos (PI,000.00), or 
both, at the discretion of the court.
S ection 127.Penalty for an Overstaying Crewmember.- Any foreign crewmember 
who wilfully rem ains in the Philippines beyond the period allowed for tem porary 
landing shall, upon conviction, suffer the penalty of im prisonm ent of six (6) m onths 
or fine of not less than Fifty thousand pesos (P50,000.00) but not more than One 
hundred thousand pesos (PI00,000.00), or both, at the discretion of the court.
S ection 128.Penalty for Disrespecting an Immigration Officer- Any form of assault 
directed to any personnel of the Commission while in the perform ance of duty shall 
be considered as an assault of a person in authority and shall be punished by;
1. If directed against Immigration Officers at the ports of entry and exit. 
Exclusion or Deportation and fine of Five Thousand Dollars 
($5,000.00) in case the assault is done by a foreign national;
2. If directed against any of the arm ed personnel of the Commission shall 
be prosecuted under the Revised Penal Code and fine of Five Thousand 
Dollars ($5,000.00). Provided, th at if the person liable is a foreign 
national, h e/sh e shall be deported after service of sentence; and
3. Prosecution of a crime under the Revised Penal Code in case the 
assault is done by a citizen of the Philippines.
S ection 129. Impositionof Maximum Penalty, When Applicable.-A person 
convicted under Republic Act No. 3019, as am ended, otherwise known as the 
“Anti-Graft and Corrupt Practices Act”, or other laws against corruption and bribery 
who shall violate or circum vent any provisions of this Act shall, upon conviction, 
suffer the maximum penalty for such offense as provided under this Act.
S ection 130, Creation and Upgrading of Com pensation. -  The basic m onthly 
com pensation of the following officials and employees of the Commission shall be 
as follows:
34


EXISTING POSITION
RECLASSIFICATION POSITION
UPGRADED
SALARY
GRADE
Commissioner
Commissioner III
30
Deputy Commissioner
Deputy Commissioner III
29
Attorney V (Board of Special 
Inquiry)
Chief Special Inquiry Officer
28
Attorney IV (BSI)
Special Inquiry Officer IV
27
Attorney III (BSI)
Special Inquiry Officer 111
26
Attorney V (Legal Division)
Chief Immigration Prosecutor
28
Attorney IV (LD)
Immigration Prosecutor IV
27
Attorney III (LD)
Immigration Prosecutor III
26
Attorney II (LD)
Immigration Prosecutor II
25
Attorney I (LD)
Immigration Prosecutor I
24
Special Investigator II
Immigration Investigator II
17
Special Investigator I
Immigration Investigator I
16
Translator II
Immigration Translator II
12
Legal Aide
Immigration Legal Assistant
10
Chief Immigration Officer (POD)
Chief District Officer
27
Supervising Immigration Officer
Supervising Immigration Officer
26
Senior Immigration Officer
Senior Immigration Officer
24
Immigration Officer III
Immigration Officer III
21
Immigration Officer II
Immigration Officer II
18
Immigration Officer I
Immigration Officer I
16
Immigration Assistant
Immigration Assistant
11
Immigration Officer (ARD)
Chief Alien Registration Officer
27
Chief Immigration Officer (IRD)
Chief Immigration Officer
27
Chief Intelligence Officer
Chief Immigration Intelligence 
Officer
27
Intelligence Officer IV
Immigration Intelligence Officer 
IV
25
Intelligence Officer III
Immigration Intelligence Officer 
III
21
Intelligence Officer II
Immigration Intelligence Officer 11
18
35


Intelligence Officer I
Immigration Intelligence Officer I
16
Intelligence Agent II
Immigration Intelligence Agent II
15
Intelligence Agent I
Immigration Intelligence Agent I
12
Chief Administrative Officer
Chief Administrative Officer
27
Administrative Officer IV
Immigration 
Administrative
Officer IV
24
Administrative Officer II
Immigration 
Administrative
Officer II
15
Administrative Assistant III
Immigration 
Administrative
Assistant III
13
Administrative Assistant II
Immigration 
Administrative
Assistant II
12
Administrative Assistant I
Immigration 
Administrative
Assistant I
10
Administrative Aide VI
Immigration Aide VI
14
Administrative Aide V
Immigration Aide V
13
Administrative Aide IV
Immigration Aide IV
12
Administrative Aide III
Immigration Aide III
11
Administrative Aide II
Immigration Aide II
10
Chief 
Administrative 
Officer 
(Finance)
Chief Finance Officer
27
Supervising 
Administrative
Officer
Supervising 
Administrative
Officer IV
26
Accountant III
Immigration Accountant V
25
Accountant II
Immigration Accountant II
22
Accountant I
Immigration Accountant I
19
Information Technology Officer 
III
Chief Immigration IT Officer
27
Information Technology Officer I
Immigration IT Officer I
24
Information System Analyst
Immigration Information System 
Analyst
22
Computer Programmer II
Immigration 
Computer
Programmer II
19
Computer 
Maintenance
Technologist II
Immigration Maintenance Tech. 
II
19
36


Medical Officer III
Immigration Physician
26
Dentist II
Immigration Dental Officer
19
Nurse II
Immigration Healthcare Officer
18
Nursing Attendant
Immigration 
Healthcare
Assistant
10
Fingerprint Examiner IV
Alien Fingerprint Examiner IV
17
Fingerprint Examiner III
Alien Fingerprint Examiner III
15
Fingerprint Examiner II
Alien Fingerprint Examiner II
13
Fingerprint Examiner I
Alien Fingerprint Examiner I
10
Executive Assistant II
Chief of Staff (Office of the 
Commissioner
24
Executive Assistant I
Immigration Executive
23
Security Guard II
Civil Security Officer II
11
Security Guard I
Civil Security Officer I
10
Seaman
Immigration Seaman
10
Launch Patron
Immigration Launch Patron
10
Marine Engineman
Immigration Marine Engineman I
10
Quartermaster
Immigration Quartermaster
10
1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
On the recom m endation on the Commissioner, the Board shall have the authority 
to reorganize, upgrade, or otherwise m ake adjustm ents in, the offices of the 
Commission as required by the im plem entation of this Act: Provided, That to the 
extent possible, the incum bent chiefs of sections or divisions whose offices are th u s 
affected may be upgraded to positions of com parable rank in the reorganization; for 
the new directorates created under this Act, the Commissioner shall designate the 
directors thereof
S ection 131.Benefits and Privileges. - The B1 shall provide all its employees with 
the following benefits:
(1) Night shift differential in accordance with existing guidelines;
(2) Q uarters allowance; and
(3) Hazardous dutypay am ounting to twenty five percent (25%) of base 
pay.
S ection 132.Interim Period. - The incum bent Commissioner and two Deputy 
Com missioners, if qualified under this Act, shall continue to discharge the 
functions of their position unless otherwise removed by the President. All 
personnel of the B ureau of Immigration shall continue to discharge the functions of 
their position.
37


2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
S ection 133. Staffing Pattern and Salary Schedule -  To carry out the provisions of 
this Act, the Com missioner shall subm it a new staffing pattern and salaiy schedule 
for personnel services to the Secretary of the D epartm ent of Budget and 
M anagement in accordance with Section 118 taking into account the Salary 
Standardization Law and other applicable laws under the National Com pensation 
and Classification Plan.
S ection 134.Reorganization of the Commission. - 
Upon approval of this Act, all 
employees of the B ureau of Immigration 
covered 
by 
the 
civil 
service 
law 
and 
regulations 
shall 
continue 
to 
hold their 
present 
positions
pending 
the 
reorganization 
of the 
Commission 
in accordance 
with 
the 
new 
staffing pattern: 
Provided, That the salaries, wages, allowances and other
benefits of incum bent officers and employees of the Commission shall not be 
subject to dim inution: Provided,further, That in 
the event that 
the 
positions 
are abolished in accordance with the reorganization, the affected employees shall 
be retained. 
Provided, finally. That employees who have been dism issed for cause 
shall no longer qualify for any position in the Commission.
S ection 135. Inventory and Transfer of Properties, Accounts, Assets, Liabilities 
and Obligations to the Commission. - All buildings, properties, equipm ent, 
facilities, accounts, other assets, liabilities and other obligations as well as records 
of the B ureau of Immigration shall be properly inventoried and transferred to the 
Commission.
S ection 136. Treaty or Agreement.-Any treaty or agreem ent entered into between 
the Philippines and any foreign state before the effectivity of this Act shall rem ain in 
force and effect.
S ection 137.Pending Cases. -  Any prosecution, suit, action, proceeding, or any act 
or m atter, civil or criminal, pending at the time of the effectivity of this Act shall not 
be affected by the provision of this Act unless otherwise applicable.
S ection 138. Adm inistration and Im plem entation Abroad.-The adm inistration 
and im plem entation of this Act abroad, including the rules and regulations as well 
as specific visa policies or guidelines, shall be the responsibility of the D epartm ent 
of Foreign Affairs, with due notice to the Commission and other concerned agencies 
a n d /o r offices.
S ectio n  139.Implementing Rules and Regulations. -The Commission shall 
prom ulgate the rules and regulations for the im plem entation of this Act within 
sixty (60) days from its effectivity.
S ection 140.Separability Clause.- If any of the provisions of this Act is held invalid 
or unconstitutional the other provisions not affected thereby shall continue to be in 
force and effect.
S ection 141.Retroactive Application.- The renam ing of positions with the 
corresponding increase in salary grade and allowances enum erated in Title VI 
C hapter 8 shall be effective 1 Jan u ary  2017.
S ection 142.Repealing C lauses.- (a) Commonwealth Act No. 613, otherwise 
known as the “Philippine Immigration Act of 1940”, as am ended, and Republic Act 
No. 750, are hereby repealed; (b) All laws, presidential decrees, executive orders, 
proclam ations, m em orandum  orders, instructions, rules and regulations or parts 
thereof inconsistent with this Act are hereby am ended or modified accordingly.
38


1
2
3
4
5
6
S ection 143.Effectivity Clause.- This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or in two (2) new spapers of general 
circulation.
Approved.
39