SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHlLIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. B.No . 
11.1 
. ___ ",,--_,J_ 
" 
h, 
Introduced by Senator f'rancis G. Escudero 
EXPLANATORY NOTE 
~ 
-" 
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The current goveming law of the Bureau of lnunigration, Commonwealth Act 
613, was enacted under the American regime in 1940. Albeit the various amendments 
which have been introduced in the said law over the years, with globalization and 
proliferation of internaltional crimes, a more capable and practicable immigration 
system is very much needed by our country to keep up with the vast changing times. 
Article II, Section 7 of the 1987 Philippine Constitution gives paramount 
consideration to national sovereignly, territorial integrity, national security, national 
interest, and the right to self-determination, as it adheres to the policy of peace, 
cooperation and amity with all nations. 
Toward this end, this bill seeks to apply and administer Philippine immigration 
policies, rules and regulations in the promotion of domestic and international interests 
of the Philippines, in recognition of: 
(a) The admission of foreign nationals for the purpose of enhancing capital 
investments, trade and commerce, cultural exchanges and other forms of 
friendly relations and cooperation; 
(b) The need for increased 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 
admission or exclusion of foreign nationals; 
(e) Promoting international order and justice by denying the use of Philippine 
territory to persons who are engaged or likely to engage in terrorism, human 
smuggling and trafficking, criminal and other nefarious activities; 
(f) Modernization of structures and mechanisms necessary for the administration 
of immigration laws in keeping with the changing demands of the country's role 
in the global community; and 


(g) Professionalization of the immigration service by instituting a rigid system of 
screening and selection of immigration officials and employees and promoting 
their development. 
Hence, the immediate approval of this bill is earnestly sought. 
. m:r;& . 
FRANCIS G. ESCUDERO 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regulal' Session 
) 
) 
) 
SENATE 
S. B. No. __ 19 
Introduced by Senator Francis G. Escudero 
PHILIPPINE IMMIGRATION ACT 
S~U!1t~ 
,t~jh:f of lip ~~,,,;b.rU 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
TITLE I 
2 
GENERAL PROVISIONS 
3 
SECTION 1. Title of the Act. -
This Act shall be known as the "Philippine 
4 
Immigration Act". 
5 
SEC. 2. Declaration of Policy. -
In relation to other states, the Philippines shall 
6 
give paramount consideration to national sovereignty, territorial integrity, national 
7 
security, national interest, and the right to self-determination, as it adheres to the policy 
8 
of peace, cooperation and amity with all nations. 
Toward this end, Philippine 
9 
immigration policies, rules and regulations under this Act shall be applied and 
1 0 
administered in the promotion of domestic and international interests of the 
11 
Philippines, in recognition of: 
12 
(a) The admission of foreign nationals for the purpose of enhancing capital 
13 
investments, trade and commerce, cultural exchanges and other forms of friendly 
14 
relations and cooperation; 
15 
(b) The need for increased technological and scientific development; 
1 


1 
(c) 
Promotion of conditions for social welfare and economic security of the 
2 
people;" 
3 
(d) Compliance with obligations and standards set by international law in the 
4 
admission or exclusion of foreign nationals; 
5 
(e) Promoting international order and justice by denying the use of Philippine 
6 
territory to persons who are engaged or likely to engage in terrorism, human smuggling 
7 
and trafficking, criminal and other nefarious activities; 
8 
(f) Modernization of structures and mechanisms necessary for the administration 
9 
of immigration laws in keeping with the changing demands of the country's role in the 
10 
global community; and 
11 
(g) Professionalization of the immigration service by instituting a rigid system of 
12 
screening and selection of immigration officials and employees and promoting their 
13 
development. 
14 
SEC. 3. Definition £If Terms. -
As used in this Act, the following terms are 
15 
defined as follows: 
16 
(a) 
"Admission" refers to the process by which a foreigner arriving at a port of 
17 
entry in the Philippines is allowed into the counh'y by the immigration authorities; 
18 
19 
(b) 
"Board" refers to the Board of Commissioners; 
(c) 
"Border Control Officer" refers to any person tasked to man the border 
20 
control station as provided under Section 26 of this Act; 
21 
22 
23 
(d) 
"Captain" refers to the master of a vessel or pilot of an aircraft; 
(e) 
"Child" refers to a person below eighteen (18) years of age; 
(f) 
"Citizen" refers to any person who is a citizen of the Philippines under 
24 
Section L Article IV of the Constitution of the Republic of the Philippines; 
25 
26 
(g) 
"Commission" refers to the Commission on Immigration; 
(h) 
"Commissioner" and "Deputy Commissioner" refer to the Commissioner of 
27 
Immigration and the Deputy Commissioner of Immigration, respectively; 
2 


(i) 
"Commitment Order" refers to an order issued by the Commissioner under 
2 
Section 7 (c) (2) of this Act that directs the detention of a foreigner after it has been 
3 
determined that a probable cause exists that he/ she committed acts and/ or omissions 
4 
in violation of Philippine immigration laws, rules and regulations, or during the 
5 
pendency of deportation case against such foreigner: Provided, That such detention shall 
6 
not exceed three (3) months, unless there exists other legal grounds for continued 
7 
detention; 
8 
0) 
"Consular officer" refers to any consular, diplomatic, or other officer of the 
9 
Government of the Philippines who has been duly granted a consular commission for 
10 
the purpose of issuing visas under this Act; 
11 
(k) 
"Entry" refers to the arrival of a foreigner into any designated port of entry 
12 
in the Philippines from a place outside thereof. A foreigner having a lawful permanent 
13 
residence in the Philippines shall not be regarded as making an entry for the purpose of 
14 
this Act if such foreigner proves that his/her departure to a place outside the 
15 
Philippines was for a temporary or limited period, or his/her continued absence from 
16 
the Philippines was occasioned by deportation proceedings, extradition, or other legal 
17 
process; 
18 
(I) 
"Exclusion" refers to the act of Immigration Officers denying admission of a 
19 
foreigner into the country on grounds provided for in this Act; 
20 
(m) "Foreigner" or "Foreign National" refers to any person not a citizen of the 
21 
Philippines; 
22 
(n) 
"Foundling" refers to a deserted or abandoned infant or child whose 
23 
parents, guardian or relatives are unknown; or a child committed to an orphanage or 
24 
charitable or similar institution with unknown facts of birth and parentage and 
25 
registered in the Civil Registrar as a "foundling"; 
26 
(0) 
"Hold Departure Order" refers to (1) a directive that commands the 
27 
Commissioner to prevent a foreigner from leaving the territorial jurisdiction of the 
3 


Philippines in cases of grant of bail and recognizance pending implementation of 
2 
Summary Deportation Order, or (2) an order implementing a directive from the 
3 
President, the Senate, the House of Representatives, the Department of Justice (DOn, 
4 
Regional Trial Courts, Sandiganbayan, and appellate courts to prevent a person from 
5 
leaving the Philippines to any place outside thereof; 
6 
(p) 
"Husband" and/ or "Wife" refer(s) to those regarded as such by the laws of 
7 
the country of which they are nationals but shall not include husband or wife by reason 
8 
of proxy or "picture marriage" ; 
9 
(q) 
"Immigrant" refers to any foreign national departing from any place outside 
10 
the Philippines destined for the Philippines, other than a non-immigrant; 
II 
(r) 
"Immigration laws" refers to this Act and any other law presently existing 
12 
or which may hereafter be enacted relating to movement of natural persons to and from 
13 
the Philippines, and their exclusion, interception, deportation and repatriation; 
14 
(s) 
"Immigration Officer" refers to any person appointed under Section 28 of 
15 
this Act or any employee of the Commission designated by the Commissioner to 
16 
perform the powers, duties and functions of an Immigration Officer as specified under 
17 
this Act; 
18 
(t) 
"Interception" refers to the act of Immigration Officers denying departure 
19 
clearance to any person leaving the country on grounds provided for in this Act; 
20 
(u) 
"Non-immigrant" refers to any foreigner departing from any place outside 
21 
the Philippines who is: allowed entry and admission into the Philippines for a 
22 
temporary or limited period of stay; 
23 
(v) 
"Non-refoulement" refers to principle of international law which prohibits 
24 
the forced return of a refugee to the state or territory where his/her life or liberty would 
25 
be threatened; 
4 


(w) "Passport" refers to document issued by the Philippine government to its 
2 
citizens requesting other governments to allow its citizens to pass safely and freely, and 
3 
in case of need to give him all lawful aid and protection; 
4 
(x) 
"Person" refers to natural and juridical person such as partnerships, 
5 
corporations, companies, and associations; 
6 
(y) 
"Port of entry" refers to any port designated by competent authority in 
7 
accordance with law through which a foreigner may apply to the Immigration Officer 
8 
thereat for admission into the Philippines; 
9 
(z) 
"President" refers to the President of the Republic of the Philippines; 
10 
(aa) "Refugee" refers to a person who, owing to a well-founded fear of being 
II 
persecuted for reasons of race, religion, nationality, membership of a particular social 
12 
group, or political opinion, is outside the country of his/her nationality, and is unable 
13 
or, owing to such fear, is unwilling to avail of the protection of that country; or who, not 
14 
having a nationality and being outside the country of his/her former habitual residence, 
15 
is unable or, owing to such fear, is unwilling to return to it; 
16 
(bb) "Seaman," "Seafarer" or "Crewmember" refers to a person actually 
17 
employed in the operation or service in any capacity on board a vessel; 
18 
(ec) "Secretary" refers to the Secretary of the Department of Justice; 
19 
(dd) "Stateless Person" refers to a person who is not considered as a national by 
20 
any State under the operation of its laws; 
21 
(ee) "Travel document" refers to a certification or identifying document 
22 
containing the description and other personal circumstances of its bearer, issued for 
23 
direct travel to and from the Philippines valid for short periods or a particular trip. It is 
24 
issued only to persons whose claim to Philippine citizenship is doubtful or who fall 
25 
under the category enumerated in Section 13 of Republic Act No. 8239, otherwise 
26 
known as "The Philippine Passport Act of 1996"; 
27 
(£f) 
"Vessel" refers to all means of conveyances, whether aircraft or sea craft; 
5 


1 
(gg) "Visa" refers to an endorsement on a passport or any travel document 
2 
issued by a Consular Officer abroad authorizing the holder thereof to proceed to a 
3 
designated port of entry in the Philippines and there to apply for entry and admission 
4 
under the status specified therein; or immigration status granted and/or issued to 
5 
foreigners by the Commissioner or the Board under this Act; and 
6 
(hh) "Watchlist Order" refers to an order issued by the Commissioner under 
7 
Section 7 (c) (4) of this Act that requires immigration personnel to monitor and/or 
8 
prevent the departure of any person for a period of fifteen (15) days, extendible for 
9 
another fifteen (15) days, and to notify concerned government or law enforcement 
10 
agencies, when his/her presence is required in criminal or legislative proceedings or 
11 
he/ she poses or may pose a threat to national security, public health or public safety. 
12 
TITLE II 
13 
COMMISSION ON IMMIGRATION 
14 
CHAPTER 1 
15 
THE COMMISSION 
16 
SEC. 4. Creation. -
The Commission on Immigration is hereby created. It shall 
17 
be principally responsible for the administration and enforcement of this Act, and the 
18 
implementation of all laws, rules, regulations or orders of any competent authority 
19 
concerning the entry and admission into, stay in, and the departure from the 
20 
Philippines of all persons. The Commission shall be under the general supervision of 
21 
the Office of the President. 
22 
SEC. 5. Composition and Qualification. -
The Commission shall be 
23 
administered by the Board headed by the Commissioner as Chairperson, and four (4) 
24 
Deputy Commissioners as members, all of whom shall be natural-born citizens of the 
25 
Philippines and, at the time of their appointment, at least thirty-five (35) years of age, 
26 
holders of a college degree and with proven capacity for administration: Provided, That 
6 


.' 
the majority or three (3) members including the Chairperson of the Commission shall be 
2 
members of the Philippine Bar in good standing for at least five (5) years. 
3 
CHAPTER 2 
4 
THE COMMISSIONER 
5 
SEC. 6. Appointment and Rank of the Commissioner. - The Commissioner shall 
6 
be appointed by the Presldent and shall have the same rank, salary, and privileges of an 
7 
Undersecretary of a Deparlment. 
8 
SEC. 7. Powers and Functions of the Commissioner. - In addition to the duties as 
9 . Chairperson of the Board, the Commissioner shall exercise the following powers and 
10 
functions: 
11 
(a) 
Supervise, direct and coordinate the overall operations of the 
12 
Commission; 
13 
(b) 
Appoint, and exercise control and supervision over, the officers and 
14 
personnel of the Commission, subject to existing civil service laws, rules and 
15 
regulations; 
16 
(c) 
Issue, (1) letter orders after determination of the existence of probable 
17 
cause; (2) commitment or release orders; (3) 
warrant of deportation; (4) watchlist 
18 
orders; (5) hold departure orders; (6) allow entry or departure orders; (7) blacklist 
19 
orders; and (8) orders lmplementing watchlist orders issued by the Department of 
20 
Justice; 
21 
(d) 
Delegate authority to subordinate officers and employees of the 
22 
Commission, except with regard to powers and functions enumerated in the 
23 
immediately preceding paragraph, which may be delegated only to the 
Deputy 
24 
Commissioners; 
25 
26 
27 
(e) 
(f) 
(g) 
Act on applications for issuance and revocation of immigrant visas; 
Act on petitions for declaration of indigency; 
Declare such control posts, landing places, airports or ports as points of 
7 


entry or exit, whether limited or unlimited; 
2 
(h) 
Increase, reduce or waive immigration fees, fines, penalties and other 
3 
charges; 
4 
(i) 
Participate as member of the Special Committee on Naturalization 
5 
pursuant to Section 6 of Republic Act No. 9139 otherwise known as "The 
6 
Administrative Naturalization Law of 2000"; 
7 
0) 
Act on applications for retention or reacquisition of citizenship under 
8 
Republic Act No. 9225 otherwise known as "Citizenship Retention and Re-acquisition 
9 
Act of 2003"; 
10 
(k) 
Issue Certificate of Identification to foreigners who have obtained Filipino 
11 
citizenship; 
12 
(1) 
Issue letter orders and permits to carry firearms, ammunition and 
13 
communications equipment to authorized immigration operatives for use in 
14 
enforcement operations and in the execution of warrants: Provided, That such firearms 
15 
and ammunition are owned and issued by the Commission; 
16 
17 
Act; 
18 
(m) 
Inspect the documents, premises and records of persons covered by this 
(n) 
Deputize any official or employee of the national government and local 
19 
government units, including uniformed personnel of the Armed Forces of the 
20 
Philippines, the Philippine National Police and the Philippine Coast Guard to perform 
21 
immigration duties and functions subject to the concurrence of the Board; 
22 
(0) 
Authorize and prescribe the forms and the amount of cash bonds for the 
23 
provisional release of respondents in deportation proceedings; 
24 
(p) 
Impose reasonable fines and penalties for violation of immigration and 
25 
alien registration laws in accordance with this Act and the guidelines adopted by the 
26 
Commission; 
8 


(q) 
Provide an express lane for the rendition of services upon payment of 
2 
prescribed fees by airlines/shipping companies or other persons served and to deposit 
3 
in a government authorized depository bank all such fees received under a trust fund 
4 
that may be made available for the payment of allowances to employees of the 
5 
Commission, subject to existing accounting and auditing rules and regulations; 
6 
(r) 
Accept donation of materials, equipment or technical services from any 
7 
foreign government, international or domestic organization, to upgrade the efficiency 
8 
and operations of the Commission; 
9 
(s) 
Submit to the President and Congress, annually or as may be directed, a 
10 
report on the: (1) number and status of foreigners in the Philippines; (2) foreigners 
11 
admitted or granted change of status as permanent residents; (3) foreigners who have 
12 
been excluded or deported from the Philippines; (4) 
estimated number of illegal 
13 
foreigners in the Philippines in each calendar year and actions taken to arrest them, by 
14 
nationality grouping, for each region in the Philippines; and (5) such other transactions 
15 
of the Commission; 
16 
(t) 
Prepare and submit supplemental budget of the Commission for the 
17 
consideration of the Department of Budget and Management; 
18 
(u) 
Prescribe such rules, regulations or other administrative issuances to carry 
19 
out the provisions of this Act; 
20 
(v) 
Prescribe the appropriate forms, bonds, reports, entries and other papers 
21 
in accordance with this Act; 
22 
(w) 
Perform such other functions inherent to the Commission; and 
23 
(x) 
Act on a.pplications for recognition of Philippine citizenship on 
24 
foundlings. 
25 
26 
27 
9 


1 
CHAPTER 3 
2 
THE DEPUTY COMMISSIONERS 
3 
SEC. 8. Appointmertt and Rank of Deputy Commissioners. - There shall be four 
4 
(4) Deputy Commissioners who shall be appointed by the President. They shall have 
5 
the same rank, salary and privileges of an Assistant Secretary of a Department. 
6 
Provided, that a plantilla for one (1) Deputy Commissioner shall be created which shall 
7 
be occupied by a career officer from the Commission. 
8 
SEC. 9. Duties of Deputy Commissioners. -
In addition to their duties as 
9 
members of the Board, the Deputy Commissioners shall exercise additional powers, 
10 
subject to the approval of and as may be assigned by the Board, in the following areas 
11 
of concern as: 
12 
(a) Deputy Commissioner for Administration, Finance, Planning, Legal and 
13 
Information and Communications Technology; 
14 
(b) Deputy Commissioner for Regional Operations, Registration, Immigration 
15 
Regulation and Visa and Special Permit; 
16 
(c) Deputy Commissioner for Intelligence, Enforcement, Fraud Prevention and 
17 
Complaint and Prosecution; and 
18 
(d) Deputy Commissioner for International Policies, Cooperation and Social 
19 
Integration. 
20 
CHAPTER 4 
21 
THE BOARD OF COMMISSIONERS 
22 
SEC. 10. Powers and Functions of the Board. -
The Board shall have the 
23 
following powers and functions: 
24 
(a) Decide on deportation cases; 
25 
(b) Act on appeals on decisions promulgated by immigration hearing officers; 
26 
(c) Act on applications or recommendations for revocation of immigration status; 
27 
(d) Act on applications for recognition of Philippine citizenship by reason of birth 
10 


or marriage; 
2 
(e) Act on applications for recognition of Philippine citizenship of foundlings; 
3 
(f) Decide on applications for legalization of residence in accordance with law; 
4 
(g) Prescribe and promulgate rules of proceedings before it; 
5 
(h) Cite and punish for contempt any person in accordance with the Rules of 
6 
Court; 
7 
(i) Prepare and publish operations manual and rules of procedure, including 
8 
schedule of fees, for all transactions entered into by the Commission with the public; 
9 
G) Formulate policies, directives, programs and projects of the Commission; and 
10 
(k) Perform such other powers and functions as provided by existing laws, rules 
II 
and regulations not inconsistent with any of the provisions of this Act. 
12 
SEC..11. Decisions of the Board. - In all cases or proceedings before the 
13 
Board, the decision of the majority shall prevail. Decisions of the Board shall become 
14 
final and executory fifteen (15) days from receipt thereof. Only one (1) motion for 
15 
reconsideration shall be filed with the Board. 
16 
Decisions in deportation cases may be appealed to the Office of the President 
17 
within fifteen (15) days from receipt thereof, whose decision shall be final and executory 
18 
unless stayed by an order of the Court of Appeals. The appeal shall stay the execution 
19 
of the decision appealed from unless the Board, in the interest of national security 
20 
and! or public safety, directs its execution pending appeal. 
21 
SEC. 12. 
Period for Decision by the Board. - The Board shall decide 
22 
deportation cases within thirty (30) days from the date they are submitted for deci~ion 
23 
or resolution. 
24 
SEC. 13. Meetings of the Board. - In all cases, the Board shall convene and act as a 
25 
collegial body in all matters referred to in Section 10 of this Act. The Board shall meet 
26 
at least once a week or, if necessary, twice a week. Members of the Board shall be 
27 
notified accordingly and the presence of the Chairperson and two (2) members shall 
11 


constitute a quorum. 
2 
SEC. 14. Hoard Secretary. - The Board shall be assisted by a Board Secretary who 
3 
shall be appointed by the Commissioner. He/she must be a member of the Philippine 
4 
Bar in good standing for at least three (3) years prior to his/her appointment. He/she 
5 
shall keep a docket book for deportation cases, applications for revocation of 
6 
immigration status, applications for recognition of Philippine citizenship by reason of 
7 
birth or marriage, applications for legalization of residence and applications for refugee 
8 
status. 
9 
CHAPTERS 
10 
THE EXECUTIVE DIRECTOR 
II 
SEC. 15. Appointment and Tenure - There shall be an Executive Director of the 
12 
Commission who shall be appointed by the President, and whose term shall be co-
13 
terminous with the Commissioner. He/she must be a natural-born citizen of the 
14 
Philippines, at least thirty (30) years of age and a member of the Philippine Bar in good 
15 
standing for at least five (5) years prior to his/her appointment. 
16 
SEC. 16. Powers and Duties. - The Executive Director shall: 
17 
(a) 
Advise 
and 
assist 
the 
Commissioner 
in the 
formulation and 
18 
implementation of the objectives, policies, plans and programs of the Commission; 
19 
20 
(b) 
(c) 
Oversee all the operational activities of the Commission; 
Coordinate the programs and projects of the Commission and be 
21 
responsible for its economical, efficient and effective administration; 
22 
(d) 
Administer oaths in connection with all matters relating to the business of 
23 
the Commission; and 
24 
(e) 
Perform such other duties as may be assigned by the Commissioner. 
12 


CHAPTER 6 
2 
llHE BOARD OF SPECIAt INQUIRY 
3 
SEC. 17. Constitution of Boards of Special InquiflJ. There shall be constituted as 
4 
many Boards of Special Inquiry as required in the exigency of service but not more than 
5 
twelve (12). Each Board shall be composed of a Chairperson and two (2) members. The 
6 
Board shall be designated according to their areas of specialization to be 
7 
determined by the Board. 
8 
SEC. 18. 
Appointment and Qualification of the Chairpersons and Members 
9 
of the Boar/is of Special' Inquiry. - The Chairpersons and members of the Boards of 
10 
Special Inquiry shall be appointed by the Commissioner, all of whom shall be natural-
II 
born citizens of the Philippines and, at the time of their appointment, at least thirty (30) 
12 
years of age, members of the Philippine Bar in good standing, and engaged in the 
13 
practice of law for at least three (3) years. They shall hold office during good behavior, 
14 
unless sooner removed for cause. 
15 
SEC. 19. Powers atl.1 Functions of the Boards of Special Inquiry. - The Boards of 
16 
Special Inquiry shall: 
17 
(a) Administer oaths; 
18 
(b) Cite and punish for contempt in accordance with the Rules of Court; 
19 
(c) Issue subpoena iin cases being heard by the Board of Special Inquiry; 
20 
(d) Recommend to the Board the imposition, waiver or reduction of fees, fines, 
21 
penalties and other charges subject to existing laws, rules and regulations; 
22 
(e) Exercise exclusive original authority to hear and recommend to the Board for 
23 
final resolution the following cases: 
24 
25 
26 
(1) 
(2) 
(3) 
Deportation; 
Applications for revocation of immigration status; 
Applications for recognition of Philippine citizenship by reason of 
27 
birth or marriage; 
13 


(4) 
Applications for legalization of residence in accordance with law; 
2 
(5) 
Application for issuance of visa for stateless person; and 
3 
(f) 
Perform such other duties and functions as may be directed by the 
4 
Commissioner. 
5 
SEC. 20. Proceedings Before the Boards of Special InquinJ. - The proceedings 
6 
before the Boards of Special Inquiry shall be public and recorded. In all cases, the 
7 
Boards of Special Inquiry shall meet and act as a collegial body. Only members of the 
8 
Philippine Bar in good standing shall appear for and in behalf of any party before the 
9 
Boards of Special Inquiry. 
10 
SEC. 21. Resolutions of the Boards of Special Inquiry. - Cases before the Boards 
11 
of Special Inquiry shall be resolved within five (5) working days from the date the same 
12 
are submitted for resolution. Said resolution shall be submitted immediately to the 
13 
Board for action. 
14 
CHAPTER 7 
15 
DIVISIONS OF THE COMMISSION 
16 
17 
SEC. 22. Divisions and Other Operating Offices of the Commission. -- The 
18 
Commission shall have the following divisions and other operating offices, namely: (1) 
19 
Administration; (2) Finance; (3) Information and Communications Technology; (4) 
20 
Planning and Research; (5) International Policies and Cooperalion; (6) Social 
21 
Integration; (7) Intelligence; (8) Law Enforcement; (9) Fraud Prevention; (10) Legal; (11) 
22 
Immigration Regulation; (12) Registration; (13) Visa and Special Permit; (14) Complaint 
23 
and Prosecution; (15) Internal Audit Office; (16) National Operations Center; and (17) 
24 
Immigration Academy of the Philippines. 
25 
SEC. 23. Heads of the Divisions and Other Operating Offices. -
Each Division 
26 
and other operating offices shall be headed by a Director to be appointed by the 
27 
Secretary, upon recommendation of the Commissioner: 
Provided, however, That 
14 


1 
Directors for the Division for Legal and the Division for Complaint and Prosecution 
2 
shall be members of the Philippine Bar in good standing, and must have been engaged 
3 
in the practice of law for at least three (3) years. The Director for Finance Division shall 
4 
be a Certified Public Accountant in good standing for at least three (3) years. 
5 
SEC. 24. 
Duties and Functions of the Di'visions and Other Operating 
6 
Offices.- The different divisions and other operating offices of the Commission shall 
7 
operate in accordance with their respective duties and functions as defined by the 
8 
Commissioner, subject to the requirements of efficiency, economy, transparency, 
9 
accountability and effectiveness, and pertinent budget and civil service laws, rules and 
10 
regulations. 
II 
CHAPTERS 
12 
REGIONAL OHICES 
13 
SEC. 25. Field OJ/ices of the Commission. -
The Commission shall operate and 
14 
maintain a Regional Immigration Office in each of the administrative regions including 
15 
the National Capital Region. 
16 
The Regional Immigration Offices of the Commission shall each be headed by a 
17 
Regional Immigration Officer, all of whom shall be appointed by the Secretary upon the 
18 
recommendation of the Commissioner. 
19 
SEC. 26. Border Control Stations - There shall be established Border Control 
20 
Stations which shall be manned by Border Control Officers appointed by the 
21 
Commissioner. The Border Control Stations shall be placed in specific areas in the 
22 
Philippines which shall be determined by the Board. Their duties and responsibilities 
23 
shall be determined by tJhe Commissioner. 
24 
SEC. 27. Changes in the Composition, Distribution of Assignment of Regional 
25 
Offices. - The Commissioner may make changes in the composition, distribution and 
26 
assignment of Regional Offices, as well as its personnel, based on the demographics of 
27 
the Philippines' foreigner population and as the exigency of the service requires. 
15 


1 
SEC. 28. Immigral'ion Officers. - The position of Immigration Officer is hereby 
2 
created. No person shall be appointed to the position of Immigration Officer unless he 
3 
is a holder of a bachelor's. degree and a first grade civil service eligible. The Immigration 
4 
Officers shall perform the following duties: 
5 
(a) Examine, with the assistance and advice of medical authorities in appropriate 
6 
cases, foreigners at the port of entry concerning their admissibility to enter and their 
7 
qualifications to remain ill the Philippines; 
8 
(b) Exclude foreign nationals not properly documented, and to admit foreign 
9 
nationals complying with the applicable provisions of immigration and related laws; 
10 
(c) Administer oaths in connection with the performance of their duties; 
11 
(d) Search for foreign nationals on any vessel believed to be used to illegally 
12 
bring foreign nationals into the Philippines, and to arrest without warrant any foreigner 
13 
who in his presence or view is entering or is about to enter the Philippines in violation 
14 
of immigration and related laws, rules and regulations; 
15 
(e) Act as control officer with authority to prevent the departure of passengers 
16 
not complying with departure requirements; and 
17 
(f) Perform such other functions as may be assigned by the Commissioner from 
18 
time to time. 
19 
SEC. 29. Designation of Employees. - The Commissioner may designate, in 
20 
accordance with civil service laws, rules and regulations, any competent and qualified 
21 
employee of the Commission, to act as immigration officer or assign any employee to 
22 
other offices within the Commission and/ or assign him/her additional or other duties 
23 
as the best interest or exigency of the service may require. 
24 
SEC. 30. Assignmeat of Employees to do Overtime Work. -
The Commissioner 
25 
may assign immigration employees to do overtime work or services pursuant to rules 
26 
and regulations to be prescribed and at the rates fixed by the Commissioner when the 
16 


work or service to be rendered is to be paid by the airline, shipping companies or other 
2 
persons served. 
3 
SEC. 31. Deployment of Immigration Personnel Abroad. - Within ninety (90) days 
4 
from the effectivity of this Act, the Deparlment of Foreign Affairs and the Commission 
5 
shall enter into a Memorandum of Agreement pertinent to the assignment and 
6 
deployment of immigration personnel to select consular posts abroad who shall 
7 
perform immigration duties, except diplomatic and consular functions. 
8 
SEC. 32. Manning Levels - On the average, the manning levels of immigration 
9 
officers of the Commission nationwide shall be in accordance with the number of 
10 
arrivals in each port of entry as determined by the Board: Provided, That the number of 
II 
employees, as provided in the staffing pattern in accordance with Section 130 of the Act, 
12 
shall not be decreased. 
13 
TIn.Em 
14 
IMMIGRATION 
15 
CHAPTER 1- NON-IMMIGRANTS 
16 
SEC. 33. Categories of Non-immigrants and Types of Visa Issued.- Foreign nationals 
17 
departing from any place outside the Philippines who are otherwise admissible and 
18 
who qualify under anyone of the following categories may be admitted as non-
19 
immigrants: 
20 
(a) Temporary visitors (A Visas): Visitors coming to the Philippines for a 
21 
temporary period for reasons of business, pleasure or health: 
22 
1. Business (A-1 visa): Temporary visitors engaged in activities of a 
23 
commercial or professional nature for a foreign employer or for 
24 
themselve,; that will not result in gainful employment in the Philippines. 
25 
As used herein, the term "business" refers to conventions, conferences, 
26 
consultations and other legitimate activities of a commercial or a 
17 


1 
professional nature, but does not include local employment or labor for 
2 
hire; 
3 
2. Pleasure (A-2 visa): Temporary visitors who stay in the Philippines for 
4 
holiday, including sightseeing, recreation or visiting relatives; and 
5 
3. Health (A-2i visa): Temporary visitors who stay in the Philippines to avail 
6 
of medical h'eatment. 
7 
(b) Transit Persons (B Visa): Persons passing through the Philippines solely for a 
8 
"stop over" who have a confirmed connecting flight to another country or passengers in 
9 
immediate and continuous transit to a destination outside the Philippines; 
10 
(c) Crew members (C Visa): Members of the crew of vessels required for the 
11 
normal operation and servicing of the vessels who come to the Philippines temporarily 
12 
as part of their jobs either arriving with or coming to join the vessels; 
13 
(d) Treaty TraderEi (D-l Visa) and Treaty Investors (D-2 Visa): Citizens and their 
14 
family members from a counf1-y that has a trade treaty with the Philippines and coming 
15 
to work in the Philippines for either a company they own or one that is at least fifty 
16 
percent (50%) owned by nationals of their home country and which company is 
17 
engaged in substantial trade between the Philippines and their home country shall be 
18 
granted a D-l visa. 
19 
Citizens of a country that has an investor f1'eaty with the Philippines, and their 
20 
family members, and coming to work in the Philippines for a business they own or one 
21 
that is at least fifty percent (50%) owned by nationals of their home country and which 
22 
business is supported by a substantial investment from nationals of their home country 
23 
shall be granted a D-2 visa; 
24 
(e) Accredited Foreign Government Officials, Their Families and Attendants (E 
25 
Visas): Foreign government officials, their families and attendants coming to the 
26 
country for official purpose, pursuant to international conventions and bilateral 
27 
agreements, shall be granted E Visas divided into three (3) types, namely: 
18 


1. 
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 
Persons entitled to E-l Visa: The E-l Visa shall be issued to persons 
enjoying diplomatic immunities and privileges, particularly the following 
classes of foreign nationals: 
a. Heads of the State and Heads of Government and their personal 
representatives; 
b. Members of reigning royal families recognized by the Philippine 
Government; 
c. Governors-General, Governors, and High Commissioners of 
dependent territories and their personal representatives; 
d. Cabinet ministers and their deputies and officials with cabinet rank 
of ministers; 
e. Pres.iding officers of national legislative bodies; 
f. Justices or judges of the highest national judicial bodies; 
g. Diplom.ats and career consular officials; 
h. Diplomatic couriers regularly and professionally employed as such; 
i. Military, naval, air and other attaches assigned to a diplomatic 
mission; 
j. All members of official special missions of a diplomatic character; 
k. Officials 
of 
international 
organizations 
bearing 
diplomatic 
passports when traveling on official business; 
1. Representatives 
of 
international 
organizations 
who 
have 
diplomatic status and bearing diplomatic passports issued by their 
governments; 
m. Members of delegations proceeding to or from an international 
conference of an official or diplomatic nature; 
n. Accompanying spouses and unmarried minor children of 
fore igners within the abovementioned categories; and 
19 


2 
:1 
4 
5 
6 
7 
8 
9 
o. Such other officials gomg to the Philippines on diplomatic 
missJlOns. 
2. Persons entitled to E-2 Visa: The E-2 visa shall be issued to any other 
person not included in the foregoing list, who is an officer of a foreign 
government recognized by the Philippines, is a national of the counlry 
whose government he represents, and is proceeding to the Philippines in 
connection with official business for his/her government. 
This category includes, inter alia, the members of the staff of a 
diplomatic mission or consular post, the staff of international 
10 
organizations, and official students or participants in programs under the 
11 
auspices of the Philippine Government or recognized international 
12 
institutions. 
13 
The family members of the above-mentioned persons shall also be 
14 
issued E-2 Visa. 
15 
3. Persons entitled to E-3 Visa: The E-3 Visa shall be issued to the members 
16 
of the howlehold, the attendants, servants and employees of persons to 
17 
whom E-l and E-2 visas have been granted; 
18 
(f) Students (F Visa): Foreign students having means sufficient for their support 
19 
and education in the Phiilippines who seek to enter the Philippines temporarily for the 
20 
sole purpose of taking up a course of study higher than high school at a 
21 
university/seminary, academy or college accredited for such foreign students by the 
22 
Commission on Higher Education in collaboration with the Commission. Their 
23 
collaboration shall include the monitoring of the status of activities of such foreign 
24 
students in the Philippines; 
25 
(g) Prearranged Employment (G Visa): Foreign nationals coming to the 
26 
Philippines 
on 
prearranged 
employment, 
including 
their 
family 
members 
27 
accompanying or following to join them within the period of their employment. This 
20 


category includes intra-company transferees, professionals, performing artists, athletes, 
2 
and cultural exchange workers under a work exchange program; 
3 
(h) Religious Workers (H Visa): Duly ordained or professional missionaries and 
4 
religious ministers, including members of their family, coming to the Philippines to join 
5 
a religious congregation or denomination duly registered with the Securities and 
6 
Exchange Commission, upon invitation, sponsorship or guarantee of such religious 
7 
congregation or denomination, solely for the purpose of propagating, teaching and 
8 
disseminating their faith or religion; 
9 
(i) Representatives of International Organizations and Government Agencies (I 
10 
Visa): Officials, principal representatives and foreign workers of accredited 
II 
international organizations as well as missions, including their family members, staff 
12 
and servants. The term "accredited international organization" includes any public 
13 
international organization in the activities of which the Philippines participates 
14 
pursuant to any treaty or under the authority of any act of the Congress of the 
15 
Philippines authorizing such participation or making an appropriation for such 
16 
participation and such other international organizations, institutions, agencies, 
17 
programs, foundations and entities which are recognized by the government of the 
18 
Republic of the Philippines, including those existing and already recognized as such at 
19 
the time of the effectivity of this Act. The term" staff" includes the employees of persons 
20 
to whom the E-3 visa has been granted; 
21 
0) Media Workexs (J Visa): Foreign media personnel or correspondents, duly 
22 
accredited by the government agency concerned, who are bona fide representatives of a 
23 
foreign press, radio, satellite, television, film, or other information media, and are 
24 
coming to the Philippines solely to engage in gathering information principally for 
25 
dissemination abroad, including their family members accompanying or following to 
26 
join them during the period of the assignment in the Philippines; 
21 


(k) Exchange Visitors (K Visa): Foreign nationals entering the Philippines to 
2 
teach, study, observe, conduct research or receive training in a specific Exchange Visitor 
3 
Program duly approved by the Philippine Government; 
4 
(1) Refugees (L-l Visa) and Stateless Persons (L-2 Visa): Refugees as defined in 
'j 
Section :J (z) hereof shall be issued L-l Visil. Stateless persons, whose admission for 
6 
humanitarian reasons and not inimical to public interest has been approved by the 
7 
Commissioner or the President in such cases and under such conditions as he may 
8 
prescribe, shall be issued L-2 Visa; and 
9 
(m) 
Special Non-Immigrants (M Visas): Such other foreign nationals 
10 
including their family members who may be admitted as non-immigrants under special 
II 
laws or foreign nationals not otherwise provided for by this Act who are coming for 
12 
temporary periods only, and whose admission is authorized by the Commissioner or 
13 
the President in the interest of the public or for humanitmian considerations and under 
14 
such conditions as he may prescribe. 
15 
SEC 33-A. Visa Policy. - The policies governing the issuance, extension, renewal 
16 
and conversion of visas referred to in Section 33 hereof shall be jointly formulated by 
17 
the Commission and the Department of Foreign Affairs and, when appropriate, the 
18 
Commission and the Department of Foreign Affairs shall consult with the concerned 
19 
government agencies or offices relative thereto. 
20 
Any visa policy or guidelines to be implemented abroad shall be done by the 
21 
Department of Foreigl1 Affairs, with due notice to the Commission and other concerned 
22 
agencies and/ or offices. 
23 
SEC. 33-B. Visa Issuance Overseas.- All non-immigrant visas issued outside of 
24 
the Philippines shall be done by Consular Officers of the Department of Foreign Affairs 
25 
duly assigned at Philippines posts abroad. Immigrant visas, whenever issued abroad, 
26 
shall be done by the Consular Officers upon the approval of the Commission through 
27 
the Department of Foreign Affairs. 
22 


CHAPTER 2 
2 
IMMIGRANTS 
3 
SEC. 34. Quota Immigrants. .- Subject to conditions set forth in this Act, there 
4 
may be admitted into the Philippines, immigrants, otherwise known as "quota 
5 
immigrants", not to exceed two hundred (200} of anyone nationality based on 
6 
immigration reciprocity for anyone calendar year and upon allotment by the 
7 
Commissioner of the corresponding quota number. In the allotment of quota numbers, 
8 
the following order of preference shall be observed: 
9 
(a) First Preference: Those whose service and qualifications show high 
10 
educational attainment, t.echnical training, specialized experience, or exceptional ability 
11 
in the sciences, arts, professions, or business as would reasonably enhance and 
12 
contribute substantial benefits prospectively to the national economy, or cultural or 
13 
educational interests or welfare of the Philippines, including their family members, 
14 
accompanying or following to join them, who shall likewise be allotted individual 
15 
quota numbers; 
16 
(b) Second Preference: Parents of a naturalized Philippine citizen; 
17 
(c) Third Preference: Spouses or minor children of foreign nationals who are 
18 
lawful permanent residents of the Philippines; and 
19 
(d) Fourth Preference: Parents of foreign nationals who are lawful permanent 
20 
residents of the Philippines. 
21 
SEC 35. Allotment o/Quota. - The Commissioner shall, with respect to the first 
22 
preference, allot not more than fifty percent (50%) of the annual quota allotment up to 
23 
the end of June each year: Pmoided, howe-oer, That if the fifty percent (50%) is not utilized 
24 
by the first preference, the balance thereof shall be given to the second, third, and fourth 
25 
preferences in accordance with Section 34 of this Act. Any unused quota allotment for a 
26 
calendar year cannot be carried over and utilized for the ensuing calendar year. 
23 
----------------------


SEC. 36. Basis in Detemlination of Quota Allotment. .- The nationality of an 
2 
immigrant whose admission is subject to the numerical limitation imposed by Section 
3 
34 of this Act shall be that of the country of which the immigrant is a national or a 
4 
citizen. The nationality of an immigrant possessing dual nationality may be that of 
5 
either of the two countries regarding him/her as a national or citizen if he/ she applies 
6 
for a visa in a third country. If he/she applies for a visa within one of the two countries 
7 
regarding him/her as a national or citizen, his/her nationality shall be that of the 
8 
country in which he/ she files his/her application for a visa to enter the Philippines. 
9 
SEC. .37. Non-Quota Immigrants. -
The following immigrants, known as "non-
1 0 
quota immigrants", may be admitted without regard to numerical limitation and 
11 
immigration reciprocity: 
12 
(a) The spouse of a Philippine citizen: Provided, however, That the abandonment 
13 
and failure to give support by a foreign spouse to his/her Filipino spouse and family, 
14 
legal separation, or termination of the marital status by annulment, declaration of 
15 
nullity of marriage or divorce where the cause is attributable to the foreign spouse, shall 
16 
constitute grounds for cancellation of the immigrant visa issued to the foreign spouse; 
17 
(b) A person of Fillipino descent regardless of generation; 
18 
(c) A child born to a foreign mother during her temporary visit abroad, the 
19 
mother being a lawful permanent resident of the Philippines, if accompanied by or 
20 
coming to join the mother who applies for admission within five (5) years from the birth 
21 
of the child; 
22 
(d) A child born subsequent to the issuance of an immigrant visa to the 
23 
accompanying parent, the visa not having expired or revoked; 
24 
(e) A foreign naHonal who had been previously lawfully admitted into the 
25 
Philippines for permanent residence who is returning from a temporary visit abroad to 
26 
an unrelinqUished residence in the Philippines; and 
24 


(f) A natural-born citizen who becomes a naturalized citizen of a foreign country 
2 
and is rehuning to the Philippines for permanent residence therein, including his/her 
3 
spouse and minor children accompanying or following to join him/her, except the one 
4 
who has re-acquired or retained his/her Philippine citizenship pursuant to Republic 
5 
Act No. 9225. 
6 
SEC. 38. Status of Children Born to Foreign Nationals. -
(a) A child born in the 
7 
Philippines to parents who are foreign nationals and lawful residents of the 
8 
Philippines shall be deemed a native-born permanent resident. (b) A child born to 
9 
parents who are both non-immigrants shall be deemed a native-born non-immigrant or 
10 
temporary resident and may remain in the Philippines only during the period of 
11 
authorized stay of the parents, unless he/she reaches the age of eighteen (18) 
12 
years while continuously residing in the Philippines, in which case he/she may 
13 
apply for naturalization under existing laws or for an appropriate visa. 
14 
CHAPTER 3 
15 
ADJUSTMENT OF STATUS 
16 
SEC. 39. Conditions for Adjustment of Status of Foreign Nationals. - The status 
17 
of a foreign national admitted into the Philippines as non-immigrant may be adjusted 
18 
by the Board to that of a foreigner lawfully admitted as a permanent resident if: (a) the 
19 
foreigner makes an application for such adjustment; (b) the foreigner is eligible to 
20 
receive a quota or non-quota immigrant visa and is admissible to the Philippines as a 
21 
permanent resident: and (c) a quota immigrant visa, if such is the case, is immediately 
22 
available to him/her at the time of his/her application, without the need of first 
23 
departing from the Phiilippines. In all such cases, the personal appearance of the 
24 
foreigner shall be required during the consideration of his/her application. 
25 
SEC. 40. Effect of.Approval of Application for Adjustment. - Upon the approval 
26 
of an application for adjustment of status under the preceding section, the 
27 
Commissioner shall record the foreign national's lawful admission as a permanent 
25 


resident as of the date of the approval of the application and shall be included as part of 
2 
the quota for the calendalr year in accordance with Section 34 of this Act. 
3 
SEC. 41. Adjustment of Status, When Not Allowed. -
Adjustment of status 
4 
under Section 39 of this Act shall not be applicable to (a) a foreign crewmember, (b) a 
5 
foreign national who has violated or is in violation of immigration laws, rules and 
6 
regulations unless the same is through no fault of his/her own or for purely technical 
7 
reasons, (c) a foreign national admitted as a temporary visitor without visa, and (d) 
8 
transients. 
9 
CHAPTER 4 
10 
DOCUMENTA nON AND ADMISSION OF NON-IMMIGRANTS 
11 
SEC. 
42. Documentary Requirements of Non-immigrants. - Non-immigrants 
12 
must present for admiission into the Philippines valid passports issued by the 
13 
governments of the countries to which they owe allegiance to or other travel documents 
14 
showing their nationality and identity as prescribed by regulations and a valid visa 
15 
granted by the Philippine Consular Officer, if required under existing laws, rules, 
16 
regulations, or multi-lateral or bilateral agreements. 
17 
SEC. 43. Conditions and Period of Authorized Stay of Temporary Visitors. 
18 
The initial period of authorized stay of a foreign national admitted as a temporary 
19 
visitor under Section 33 of this Act shall not exceed two (2) months from the date of 
20 
arrival. Extensions of authorized stay may be granted under terms and conditions as 
21 
may be prescribed by the Commissioner: Provided, That the total period of authorized 
22 
stay shall not exceed twenty-four (24) months: Provided further, That during the foreign 
23 
national's authorized stay: (a) he/she shall not take any employment, whether paid or 
24 
unpaid; (b) he/ she shan not establish or join in any business; or (e) he/ she shall not 
25 
enroll and become a student at a school, college, university, academy, or other 
26 
educational institution, unless he/ she is granted, upon proper application, a conversion 
27 
to another immigration status provided under this Act. 
26 


1 
SEC. 44. Conditions for Issuance of Pre-arranged Visas. -
A foreigner who is 
2 
coming to the Philippines for prearranged employment shall not be issued a non-
3 
immigrant visa referred to in Section 33 (g) until the Consular Officer shall have 
4 
received authorization for the issuance of the same. Such authorization shall be given 
S 
only upon the filing of a petition with the Board establishing, among others, that no 
6 
person can be found in the Philippines willing and competent to perform the work or 
7 
service for which the foreigner is desired and that his/her admission would be 
8 
beneficial to the public interest. The petition shall be under oath by the prospective 
9 
employer Of his/her representative in the form and manner prescribed by the Board. 
10 
If the Board finds that the petition complies with the requirements of the 
11 
preceding paragraph and of other regulations, it shall grant the petition and shall 
12 
promptly transmit the authorization to the Department of Foreign Affairs and/ or the 
13 
Consular Office concerned. 
14 
SEC. 45. Submission of Crew List and Passenger Manifest to' the CO'mmissiO'n. -
I S 
Simultaneous to the vessel's departure from the port of origin, the master, captain, 
16 
agent, owner or consignee of any commercial vessel arriving to the Philippines shall 
17 
submit to the Commission, within a reasonable time prior to such arrival, the crew lists, 
18 
passenger manifests and such other information concerning the persons arriving on 
19 
such a vessel. In the same manner and condition, the master, captain, agent, owner or 
20 
consignee of any commercial vessel departing from any port in the Philippines shall 
21 
submit to the Commission, within a reasonable time prior to such departure, the crew 
22 
list, passenger manifest and such other information concerning the persons departing 
23 
on such vessel. The crew list of an incoming sea craft shall be duly visaed by the 
24 
appropriate Consular Officer. 
2S 
SEC. 46. Inspection of Crewmembers. - It shall be the duty of the master, captain, 
26 
agent, owner or consignee of any vessel arriving in the Philippines to have available on 
27 
board, for inspection by the Immigration Officer, any foreign crewmember employed 
27 


I 
on such vessel and to detain such crewmember on board after inspection and to remove 
2 
such crewmember when required by the immigration authorities. No crewmember on 
3 
board such vessel shall be discharged while the vessel is in port without the permission 
4 
of the Commissioner. 
5 
SEC. 47. Permissi'on for Temporary Landing of a Foreign Crewmember. -
A 
6 
foreign crewmember on a vessel arriving in the Philippines may be permitted to land 
7 
temporarily undel' such conditions as may be prescribed by the Commissioner. All 
8 
expenses incurred by the Commission while the crewmember is on land shall be borne 
9 
by the master, captain, agent, owner or consignee of the carrying vessel. 
10 
CHAPTER 5 
11 
REFUGEE STATUS 
12 
SEC. 48. Grant of Refugee Status. - Persons seeking refugee status may apply 
13 
for recognition as a refugee upon seeking admission at any port of entry or within a 
14 
reasonable tinl.e thereafter. Refugee status shall be granted after a determination by the 
15 
Board that an applicant meets the qualifications of a refugee as defined in Section 3(z) 
16 
hereof. Refugee stalus shall not be granted to an applicant if he/ she: 
17 
(a) has committed a crime against peace, a war crime, crime against humanity or 
18 
any other crime under international law; 
19 
(b) has committed a serious non-political crime outside the Philippines prior to 
20 
his admission as a refugee; or 
21 
(c) has been guilty of an act contrary to the purposes and principles of the 
22 
United Nations. 
23 
SEC. 49. Cessation of Refugee Statll.~. - Refugee status granted under the 
24 
previous section shall cease if a refugee: 
25 
(a) Voluntarily repatriates himself/herself or has re-established himself/herself 
26 
in another State; 
27 
(b) Acquired a new nationality and enjoys the protection of such a State; or 
28 


(c) Can no longer continue to refuse to avail the protection of the country of 
2 
his/her nationality or, not having a nationality, is able to return to the country of former 
3 
habitual residence in view of the cessation of the reasons that resulted to his/her being 
4 
a refugee: Provided, That this ground shall not apply if a refugee is able to invoke 
5 
compelling reasons arising out of the previous persecution. 
6 
SEC. 50. Effect of Grant of Refugee Status to Refugee Dependents. - A spouse, 
7 
minor child, and other dependents of a foreigner who is granted a refugee status may, if 
8 
not otherwise eligible under Section 48, be granted the same status as the refugee to 
9 
assure family unity or when it is in the public interest. 
10 
SEC. 51. Confidentiality of Information. - In proceedings for the recognition of 
11 
refugee status, the confidentiality of information shall be respected and no information 
12 
relating to the refugee shall be shared with the country of origin or country of former 
l3 
habitual residence, directly or indirectly. 
14 
SEC. 52. Burden ~f Proof. - In proceedings for the recognition of refugee status, 
15 
the burden of proof lies with the applicant, subject to the principle of non-refoulement. 
16 
SEC. 53. Stay of Exclusion or Deportation. - Notwithstanding the provisions of 
17 
Sections 78 and 86, the exclusion from entry and deportation of a foreigner shall be 
18 
stayed during the pendency of an application for refugee status. Where grounds under 
19 
Section 78 are present, the refugee shall be allowed entry and the application shall be 
20 
immediately referred by the Immigration Officer to the Board. 
21 
SEC. 54. Detention of Refugee. - Detention of applicants for refugee status shall 
22 
only be resorted to in cases arising out of illegal entry or unauthorized stay after 
23 
consideration of other alternatives, as may be determined by the Commissioner. 
24 
CHAPTER 6 
25 
DOCUMENTATION AND ADMISSION OF IMMIGRANTS 
26 
SEC. 55. Documelltanj Requirements of Immigrants; Instances When Not 
27 
Required. -
Immigrants must present for admission into the Philippines valid 
29 


1 
passports or travel documents issued by the government of the country to which they 
2 
owe allegiance, showing their nationality and identity and valid visas issued by the 
3 
Consular Officer indicating the date of issue and the period of validity thereof. 
4 
Immigrant visas shall not be required of the following: 
5 
(a) A child born subsequent to the issuance of a valid immigrant visa to the 
6 
accompanying parent; 
7 
(b) A child born during the temporary visit abroad of the mother who is a lawful 
8 
permanent resident of the Philippines and a holder of a valid reentry permit, if the child 
9 
is accompanied by either parent within five (5) years from the date of the child's birth; 
10 
and 
11 
(c) A foreigner who is returning to an unrelinquished lawful permanent 
12 
residence in the Philippines after a temporary residence abroad and presents for 
13 
admission a valid reentry permit. 
14 
Chapter 7 - Visa Issuance 
15 
SEC. 56. Nature of Visa. -
Nothing in this Act shall be construed to 
16 
automatically entitle any foreign national to whom a visa or other travel document has 
17 
been issued to enter the Philippines if, upon arrival at a port of entry, he/ she is found to 
18 
be inadmissible under this Act or any other law. 
19 
SEC. 57. Requirement of Issuance of Visa. - Under the conditions and subject to 
20 
the limitations prescribed in this Act or regulations issued hereunder, the 
21 
Commissioner may approve the issuance of an immigrant vIsa upon the 
22 
recommendation of a Consular Officer in the following manner: 
23 
(a) 
An immigrant visa may only be issued to a foreign national who has made 
24 
a proper application therefor, which shall specify the foreign country, if any, to which 
25 
the quota the number is assigned, the immigrant's particular status in such country, the 
26 
preference to which the foreigner is classified, the date on which the validity of the visa 
27 
shall expire, and such additional information as may be required. 
30 


(b) 
The Department of Foreign Affairs, through its Consular Office abroad 
2 
and through the Office of the Visa Director, shall approve the issuance of a non-
3 
immigrant visa to a foreign national who has made a proper application therefor in 
4 
accordance with Section 33 of this Act. 
5 
All diplomatic visas under Section 33 (e) of this Act shall be exclusively issued by 
6 
the Department of Foreign Affairs in accordance with the Vienna Convention on 
7 
Diplomatic Relations. 
8 
All other non-immigrant visas under Section 33 shall be issued by the Consular 
9 
Officer, when the application is made abroad, or may be issued by the Office of the Visa 
10 
Director of the Department of Foreign Affairs, when the application is made in the 
11 
Philippines for conversion or renewal. 
12 
The issuance of special non-immigrant visas falling under the jurisdiction of a 
13 
particular government office or agency can only be done in coordination with and upon 
14 
recommendation of the g;overnment agency or office concerned. 
15 
SEC. 58. 
Requirements for Physical and/or Mental Examination Prior to 
16 
Issuance of Immigrant Visa. - Prior to the issuance of an immigrant visa to any foreign 
17 
national, the Consular Officer shall require such person to submit to a physical and 
18 
mental examination in accordance with such regulations as may be prescribed by the 
19 
Commissioner. In addition, said foreign national shall be required to personally plant 
20 
fifty (50) trees, except when he/ she is physically incapable of doing so, in which case, 
21 
he/ she may cause another person to plant the trees. 
22 
SEC. 59. Validitlj of Visa. -
A non-immigrant or immigrant visa issued by a 
23 
Consular Officer abroad pursuant to Section 57 of this Act shall be valid for a period not 
24 
exceeding six (6) months. In prescribing the period of validity of a non-immigrant visa, 
25 
the Consular Officer shall, insofar as practicable, accord to such nationals the same 
26 
treatment on a reciprocal basis as such foreign country accords to citizens of the 
31 


1 
Philippines who are within a similar class. An immigrant visa may be replaced under 
2 
the original number during the calendar year in which the original visa was issued for a 
3 
foreigner who establishes to the satisfaction of the Consular Officer that he/ she was 
4 
unable to use the original immigrant visa during the period of its validity for reasons 
5 
beyond his/her control: Provided, That the foreign national is found by the Consular 
6 
Officer to be eligible for another immigrant visa and has paid all the fees. 
7 
SEC. 60. Denial of Visa, Grounds Thereof. - The Consular Officer may deny the 
8 
application for visa (a) if it appears from the statements in the application or in the 
9 
documents submitted the applicant is not entitled to a visa under this Act; or (b) if 
10 
he/ she fails to comply with the requirements of the provisions of this Act. 
11 
SEC. 61. Revocation of Visa Issued by Consular Officer. -
The Commissioner 
12 
may, for valid cause and upon confirmation of the Secretary of Foreign Affairs, revoke 
13 
the visa issued by any Philippine Consular Office. If the notice of revocation is not 
14 
received and the visa holder applies for admission into the Philippines, his/her 
15 
admission or entry shall be determined by the Immigration Officer upon his/her arrival 
16 
at the port of entry. 
17 
CHAPTER 8 
18 
RE-ENTRY AND EMIGRATION CLEARANCE 
19 
SEC. 62. Re-entl'Y. -
Every time a registered foreign national, except a 
20 
temporary visitor, departs or is about to depart temporarily from the Philippines with 
21 
the intention to return, he/she must pay a re-entry fee, emigration clearance fee and 
22 
head fee: PYO'oided, That said foreign national returns to the Philippines within a period 
23 
of one (1) year from h.is/her departure in order to maintain his/her visa category. 
24 
Otherwise, he/ she shall apply for an extension of the period within which to return 
25 
prior to its expiration and pay the prescribed fees and charges therefor: Provided, further, 
26 
That if his/her authorized stay is less than one (1) year, he/ she shall pay a special 
27 
return fee, emigration clearance fee and head fee for every departure: Provided, finally, 
32 


That in both cases, if the registered foreign national departs permanently from the 
2 
Philippines, he/ she shall surrender all his/her Philippine immigration documents to 
3 
the Commission and apply for and be issued an Emigration Clearance Certificate upon 
4 
payment of the prescribed fees and charges therefor, subject to the following conditions: 
5 
(a) He/she has no pending obligation with the government or any of its agencies 
6 
or instrumentalities; 
7 
(b) He/she has no pending criminal, civil, or administrative proceeding which 
8 
requires his continued presence in the country; and 
9 
(c) There is no ongoing legislative inquiry where he/ she is called upon to testify 
10 
as a witness. 
11 
SEC. 63. Emigration Clearance. -
Any temporary visitor departing from the 
12 
Philippines shall, after the expiration of his/her initial authorized stay, apply for 
13 
emigration clearance with the Commission and pay the preSCribed fees and charges 
14 
therefor. 
15 
16 
CHAPTER 9 
17 
PRESIDENTIAL PREROGATIVES 
18 
SEC. 64. Presidential Prerogatives. -
Any provision of this Act to the contrary 
19 
notwithstanding, the President may: 
20 
(a) Deny the entry and admission into the Philippines of any foreign national or 
21 
a class of foreign nationals whenever the President finds that the entry would be 
22 
detrimental to the interest of the Philippines or impose such restrictions as he/she may 
23 
deem appropriate; 
24 
(b) Waive passport and/or documentary requirements for non-immigrants and 
25 
immigrants under such terms and conditions as he/ she may prescribe; 
26 
(c) Change the status of non-immigrants by allowing them to acquire permanent 
27 
residence status without necessity of a visa; 
33 


(d) Deport any foreign national, subject to the requirement of due process; 
2 
(e) Admit non-immigrants not otherwise provided for in this Act for 
3 
humanitarian considerations and when not detrimental to public interest, under such 
4 
terms and conditions as he/she may prescribe; 
5 
(f) Prohibit the departure from the Philippines of any person who is likely to 
6 
disclose national security information, or who is likely to organize a rebellion abroad 
7 
against the Philippines, or whose presence in the country is necessary to face, or be a 
8 
witness in, criminal proceedings; and 
9 
(g) Exercise, with respect to foreign nationals in the Philippines, such powers as 
10 
are recognized by the generally accepted principles of international law. 
11 
12 
TITLE IV 
13 
PROVISIONS RELATING TO ENTRY 
14 
CHAPTER 1 
15 
CLASSIHCA TION OF PORTS OF ENTRY 
16 
SEC. 65.Authority to ClassifiJ Ports. - The Commissioner shall classify and 
17 
designate, from among the ports of entry established by law for immigration purposes, 
18 
limited or unlimited ports of entry through which foreigners may be admitted into the 
19 
Philippines. Only such cllasses of foreigners as provided under the mles and regulations 
20 
prescribed by the Commissioner may be admitted at limited ports of entry. The 
21 
Commissioner may, after due notice to the public, close designated ports of entry in the 
22 
interest of national security or public safety. 
23 
CHAPTER 2 
24 
PROCEDURES ON ARRIVAL 
25 
SEC. 66. Inspection by Immigration Officer. - A foreigner seeking admission or 
26 
readmission shall present his/her valid passport and visa, if required, to the 
27 
immigration officer at the port of entry and shall be subject to primary inspection. The 
34 


decision of the examining Immigration Officer, if favorable to the admission of any 
2 
foreigner, may be challenged by another Immigration Officer. The final determination 
3 
of admissibility of such foreigner shall be determined by the Commissioner in case no 
4 
resolution is reached benN'een the immigration Officers on the challenged admission. In 
5 
case of admission, the Immigration Officer shall indicate in the passport the date, the 
6 
port of entry and the identity of the vessel boarded. 
7 
SEC. 67. Detention or Quarantine for Examination. -
For the purpose of 
8 
determining whether a foreigner arriving at any port in the Philippines belongs to any 
9 
of the classes excludable under this Act by reason of being afflicted with any of the 
10 
contagious or communicable disease or mental disorder set forth under Section 78(a) of 
II 
this Act or whenever the Commissioner has received information showing that 
12 
foreigners are coming from a country or a place where any of such diseases are 
13 
prevalent or widespread,. the foreigner shall be detained or quarantined for a reasonable 
14 
period of time to enable the immigration and medical officers to subject such person to 
IS 
observation and examination. 
16 
SEC. 68. Medical Examination Requirement. - Any arriving foreign national 
17 
whom the examining Immigration Officer believes to belong under the class of 
18 
excludable foreign nationals specified in Section 78(a) herein shall be referred to 
19 
designated medical officers for physical and mental examination. Such medical officer 
20 
shall certify his/her findings for the information of the Immigration Officer. 
21 
SEC. 69. Arrival Notice Requirements of Vessel. - The immigration authorities 
22 
shall be given prior notice of the arrival of any civilian vessel before such vessel comes 
23 
into any area in the Phil'ippines from any place outside thereof. Such prior notice shall 
24 
not be required in the case of vessels with scheduled arrivals filed with the Immigration 
25 
Officer in charge at the international port of entry. 
26 
If,. upon arrival iin any area other than the designated port and there is no 
27 
available Immigration Officer therein, the master, pilot, captain, agent or consignee 
35 


shall not allow the passengers and crew members to disembark or leave the primary 
2 
inspection area until the immigration officer shall have conducted the primary 
3 
inspection formalities. 
4 
SEC. 70. Contents of Notice of Arrival. - The advance notice of arrival required 
5 
in the preceding section shall specify the following: 
6 
(a) Type of vessel and registration marks; 
7 
(b) Visaed crewlislt; 
8 
(c) Passenger manifest; 
9 
(d) Port of last departure; 
10 
(e) International port of intended destination, or other place authorized by the 
II 
Commissioner; 
12 
(f) Estimated time of arrival; and 
13 
(g) Authorized agent or representative at the place of arrival. 
14 
CHAPTER 3 
IS 
FOREIGN CREWMEMBER 
16 
SEC. 71. Conditional Permit to Disembark. -
A foreign crewmember of a vessel 
17 
under Section 33(c) of this Act may be granted a conditional permit, in a form 
18 
prescribed by regulations, to disembark temporarily from the vessel on which he/she 
19 
arrived while such vessel remains in port under such terms and conditions as may be 
20 
prescribed by the Commissioner. 
21 
SEC. 
72. Confiscation and Cancellation of Permit; Deportation from the 
22 
Philippines. -
Upon the determination that the foreigner is not a bona fide crewmember 
23 
or does not intend to depart on the vessel that brought him, the Commissioner shall 
24 
cancel and confiscate the conditional permit already issued, take such foreigner into 
25 
custody, and require the owner, operator, captain, master, pilot, agent or consignee of 
26 
the vessel on which the foreigner arrived to receive and detain him/her on board. The 
27 
expenses for his/her removal, including the cost of detention and other expenses 
36 


1 
incidental thereto, shall be borne by the owner, operator, captain, master, pilot, agent or 
2 
consignee of such vessel. 
3 
SEC. 73. Liability for Overstaying Foreign Crewmen. -
A foreign crewmember 
4 
who remains in the Philippines in excess of the period allowed in the conditional permit 
5 
issued to him shall be solidarily liable with the owner, operator, captain, master, pilot, 
6 
agent or consignee of the vessel to pay the penalties prescribed in Section 126 of this 
7 
Act. 
8 
SEC. 74. Liability for Unauthorized Discharge of Foreign Crewmember. -
It 
9 
shall be unlawful for any person, including the owner, operator, captain, master, pilot, 
10 
agent or consignee of any vessel to discharge any foreign crewmember employed a 
11 
vessel arriving in the Philippines and whilst in port, without first obtaining the prior 
12 
permission of the Commissioner. Otherwise, such person or owner, operator, captain, 
13 
master, pilot, agent or consignee of the vessel shall pay the Commission such fines as 
14 
may be prescribed under this Act. No such vessel shall be granted clearance from any 
15 
port in the Philippines while such fines remain unpaid or while the validity thereof is 
16 
being determined: Provided, That a clearance may be granted prior to such 
17 
determination upon deposit of a sum or cash bond sufficient to cover such fines as 
18 
approved by the Commissioner. 
19 
SEC. 75. Duty to Report Desertion or Illegal Landing of Foreign Crewmember. 
20 
The owner, operator, captain, master, pilot, agent or consignee of any vessel shall 
21 
immediately report, in writing, to the immigration officer all cases of desertion or illegal 
22 
disembarkation in the Philippines from the vessel, together with a description of such 
23 
foreigners and any information that shall result in their apprehension. 
24 
SEC. 76. Requirement for Submission of List of Newly Employed, Discharged 
25 
and Illegally Landed FOJ'eign Crewmember. -
Prior to the departure of any vessel from 
26 
the last port in the Philippines destined to any place outside thereof, the owner, 
27 
operator, captain, master, pilot, agent or consignee thereof shall deliver to the 
37 


Immigration Officer at that port a list containing: (a) the names of crewmembers who 
2 
were not employed thereon at the time of the vessel's arrival on such port but will 
3 
depart thereat on the same vess(~l; (b) the names of those, if any, who have been 
4 
discharged; (c) the names of those who have deserted or illegally landed at that port, if 
5 
any; and (d) such other additional information as the Commissioner deems necessary. 
6 
SEC. 77. Liability for Failure to Submit Complete, True and Correct Report. - In 
7 
case the owner, operator, captain, master, pilot, agent, or consignee, fails to submit a 
8 
true and complete list 01' report of foreigners, or to report cases of desertion or illegal 
9 
landing, hel she shall pay to the Commission such sum as may be prescribed under this 
10 
Act. No such vessel shall be granted clearance from any port in the Philippines while 
11 
such fines remain unpaid or while the validity thereof is being determined: Provided, 
12 
that clearance may be granted prior to such determination upon deposit of a sum or 
13 
cash bond sufficient to cover such fines as approved by the Commissioner. 
14 
CHAl'TER 4 
15 
EXCLUSIONS 
16 
SEC. 78. Exclusion Grounds. - The following classes of foreign nationals shall not 
17 
be allowed entry and shall be excluded from the Philippines: 
18 
19 
20 
21 
22 
23 
24 
25 
26 
(a) 
(b) 
Health Related Grounds 
1. Those who are found to be suffering from a communicable~ dangerous or 
contagious disease; 
2. Those who are found to be suffering from mental disorder or associated 
behavior that may pose threat to persons or danger to property; 
3. Those who are found to be suffering from addiction to prohibited or 
regulated substance; 
Economic Grounds 
1. Those likely to become a public charge; 
38 


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 
(c) 
2. Those seekilng entry for the purpose of performing skilled or unskilled 
labor, without a permit from the Secretary of the Department of Labor and 
Employment as required by law; 
Moral Grounds 
1. Those coming to the Philippines to practice polygamy or who advocate 
the practice of polygamy unless his/her 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 attempt to procure prostitutes, or who receives in whole or in 
part the proceeds of prostitution; 
4. Those who, at the time of primary inspection, by the Immigration Officer 
exhibit any obnoxious behavior, contempt or disrespect for the said officer 
or any government official or Commission; 
(d) 
Criminal and Security Grounds 
1. Those who have been convicted of a crime involving moral turpitude or 
who admit to the Immigration Officer having committed such crime, or 
who attempt and conspire to commit the crime; 
2. Those who have been convicfed, or who admit having committed, or are 
committing acts which constitute the elements 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 attempt 
or conspire to commit the crime; 
3. Those that 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 
39 


2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
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 of goods, technology or sensitive information; 
b. Any activity aimed to promote membership in an organization of 
syndicated criminal activities; 
c. Any activity, the purpose of which is to overthrow the Philippine 
government by force, violence or other unlawful means; and 
d. Any other unlawful activity. 
7. 
Those who are engaged or believed to be engaged or likely to engage in, aid, 
abet or finance any terrorist activity and members or representatives of a 
foreign terrorist organization; 
8. 
Those who have been identified by competent authorities, local or 
foreign, as having engaged or are engaging in human trafficking and 
smuggling; 
9. 
Those who are under fifteen (15) years of age and unaccompanied by or not 
19 
coming to a parent, except that they may be admitted in the discretion of the 
20 
Commissioner, if otherwise admissible; and 
21 
10. Those who have been identified by competent authorities, local and foreign, 
22 
as having engaged or are engaging in importation of contrabands and other 
23 
prohibi ted articles into the country. 
24 
SEC. 78-A. Minor Persons/ Minority. - Persons under fifteen (15) years of age, 
25 
and not accompanied by or not coming to a parent, may be admitted: Provided, That the 
26 
written consent of either parent allowing them to travel is presented. The written 
40 


I 
consent must cite the purpose of the travel and must be affirmed by the Philippine 
2 
Consular post in the minor's country of origin. 
3 
SEC. 79. Temporary Detention of Excludable Foreigners. -
For the purpose of 
4 
ascertaining whether a foreigner arriving in the Philippines belongs to any of the 
5 
excludable classes of foreigners provided for in this Act or related laws, the 
6 
Immigration Officer, for a period not exceeding seventy-two (72) hours, may 
7 
temporarily detain for investigation such foreigner either on board the vessel or at a 
8 
place designated for the purpose at the expense of the master, captain, agent, owner or 
9 
consignee of the carrying vessel. 
10 
SEC. 80. Finality ,of Exclusion Order. -- An order by the Immigration Officer to 
II 
exclude a foreign national who is excludable under Section 78 hereof is final and 
12 
executory unless revoked by the Commissioner upon a timely appeal prior to the 
13 
implementation of the exclusion order. 
14 
SEC. 81. Authority to Waive Grounds for Exclusion. -
Except for grounds of 
15 
exclusion under Section 78(d), subparagraphs 1 to 8 and subparagraph 9, the 
16 
Commissioner may waive any of the grounds for exclusion mentioned therein. 
17 
SEC. 82. Procedure of Removal and Cost Thereof. - Any foreign national arriving 
18 
in the Philippines who is ordered excluded shall be immediately removed in the same 
19 
accommodation to the country where he/she boarded the vessel on which he/she 
20 
arrived, unless the Commissioner determines that immediate removal is not proper and 
21 
practicable. The cost of detention and other expenses incidental thereto shall be borne 
22 
by the owner, operator, master, pilot, captain, agent or consignee of the vessel on which 
23 
he/ she arrived. 
24 
SEC. 83. Country Where Removal is to be Directed. - If the government of the 
25 
country designated in the preceding section will not accept the foreign national into its 
26 
territory, his/her removal shall be directed by the Commissioner in his/her discretion 
27 
and without necessarily giving preference, either to: 
41 


I 
(a) The country which he/ she is a citizen or national; 
2 
(b) The country of birth; 
3 
(c) The country of his/her habitual residence; or 
4 
(d) The country wllling to accept the foreign national into its territory, if removal 
5 
to any of the foregOing countries is impractical or impOSSible. 
6 
SEC. 84. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or 
7 
Consignee. -
It shall be unlawful for an owner, operator, master, captain, pilot, agent, 
S 
or consignee of a vessel to refuse or fail to: 
9 
(a) Board a foreigner ordered excluded and removed under Section 78 hereof in 
10 
the same vessel or another vessel owned or operated by the same company; 
11 
(b) Detain a foreign national on board any such vessel at the port of arrival when 
12 
required by this Act or when so ordered by an Immigration Officer; 
13 
(c) Deliver a foreign national for medical or other examinations when so 
14 
ordered by such officer; 
15 
(d) Remove a foreign national from the Philippines to the country to which 
16 
his/her removal has been. directed; or 
17 
( e) Pay the cost of detention and other expenses incidental thereto of a foreign 
18 
national incurred while being detained as required by Section 82 of this Act or other 
19 
costs necessary or incidental to his removal as provided in this Act. 
20 
SEC. 85. Penalty for Non-compliance of Obligation. -
The owner, operator, 
21 
master, captain, pilot, agent, or consignee of a vessel who violated Section 84 hereof 
22 
shall pay the fines prescribed under this Act. 
No such vessel shall be granted 
23 
clearance from any porit in the Philippines while such fines remain unpaid or while the 
24 
validity thereof is being determined: Provided, That clearance may be granted prior to 
25 
such determination upon deposit of a sum or cash bond sufficient to cover such fines 
26 
as approved by the Commissioner. 
27 
42 


1 
TITLE V 
2 
DEPORTATION 
3 
CHAPTER 1 
4 
DEPORTABLE FOREIGN NATIONALS 
5 
SEC. 86. Classes of Deportable Foreigners. - The following foreigners shall be 
6 
arrested upon the order of the Commissioner and deported upon recommendation by 
7 
the Board of Special Inquiry and approval by the Board: 
8 
(a) Those who entered the Philippines by means of false and misleading 
9 
statements or documents, misrepresentations or without inspection and admission by 
10 
the immigration authorities; 
11 
(b) Those who entered the Philippines who were not lawfully admissible at the 
12 
time of entry; 
13 
(c) Those who engage, abet or aid in the practice of prostitution including the 
14 
owner, manager or imnates of a house of prostitution or are procurers, pedophiles or 
15 
sexual perverts; 
16 
(d) Those who, at any time after the date of entry, have become a public charge; 
17 
(e) Those who remain in the Philippines in violation of any period of limitation or 
18 
condition under which they were admitted; 
19 
(f) Those who believe in, advise, advocate or teach the overthrowing by force and 
20 
violence of the Government of the Republic of the Philippines, or duly constituted 
21 
authority, or those who do not believe in or are opposed to organized govermnents, or 
22 
those who advise, advocate or teach the assault or assassination of public officials by 
23 
reason of their office, or those who advise, advocate or teach the unlawful destruction 
24 
of property, or those who are members of or affiliated with any organization 
25 
entertaining, advocating or teaching such doctrines, or those who in any mam1er 
26 
whatsoever extend assistance, financial or otherwise, in the dissemination of such 
27 
doctrines; 
43 


(g) Those who, at any time after enh'y, engage in, abet, aid or finance any terrorist 
2 
activity; 
3 
(h) Those who commit any violation of the provisions of this Act, independent of 
4 
any criminal action which may be brought against them: Provided, however, That in the 
5 
case of a foreigner who, for any reason, is convicted and sentenced to suffer both 
6 
imprisonment and deportation, said foreigner shall first serve the entire period of 
7 
his/her sentence before being deported: Provided, further, That the penalty of 
8 
imprisonment may be waived by the President upon payment by the foreigner 
9 
concerned of such costs, fines and/ or damages, if any, awarded to the government or 
10 
. any aggrieved party,; 
11 
(i) Those who, at any time after entry, are engaged in acts or omissions punishable 
12 
under Philippine penal laws cognizable by the Regional Trial Courts and the 
13 
Sandiganbayan; 
14 
(j) Those who, at any time after entry, are convicted by final judgment of a crime 
15 
punishable under Philippine penal laws cognizable by the first level courts; 
16 
(k) Those who are guilty of any offense penalized under the naturalization laws of 
17 
the Philippines or any law relating to the acquisition of Philippine citizenship; 
18 
(I) Those who defraud their creditors by absconding or alienating properties to 
19 
prevent their attachment or execution; 
20 
(m) 
Those who were admitted as non-immigrants and who obtained an 
21 
adjustment of their admission status for convenience, or through fraud, falsification of 
22 
documents, misrepresentations or concealment of material facts; 
23 
(n) Those who violated Philippine labor and taxation laws, rules and regulations; 
24 
(0) Those who, upon prior investigation and hearing, are found to be undesirable 
25 
and whose further stay in the Philippines is inimical to public welfare and interest, or 
26 
the dignity of the Filipinos, or the Republic of the Philippines as a sovereign nation; 
27 
(p) Those who forge, counterfeit, alter or falsely make any document; or use, 
44 


~---~-----
I 
attempt to use, possess, obtain, accept or receive or provide any forged, counterfeit, 
2 
altered or falsely made document; or use, attempt to use, provide, attempt to provide, 
3 
accept or receive a genuine document, even of another person, without authority to do 
4 
so for the purpose of satisfying or complying with the requirements for his/her stay in 
5 
the Philippines; and 
6 
(q) Those whose presence or activities in the country may result in adverse 
7 
consequences to Philippine foreign policies as determined by the Secretary of Foreign 
8 
Affairs. 
9 
SEC. 87. Non-Prescription of Deportation Cases. - The right of the State to 
10 
initiate at any time deportation proceedings shall not prescribe: Provided, That no 
11 
deportation proceedings and orders shall be had against foreigners facing preliminary 
12 
investigation, prosecution and trial before competent authorities. 
13 
CHAPTER 2 
14 
DETENTION AND DEPORTATION OF FOREIGN NATIONALS 
15 
SEC. 88. Issuance of Summons. - If the Commissioner determines that there exists 
16 
a reasonable ground to deport a foreigner pursuant to Section 86 of this Act, he/she 
17 
may issue summons requiring the foreigner to appear in person before the designated 
18 
investigating officer at the time, date and place stated therein. 
19 
SEC. 89. Authorit;1f to Issue Letter Order. - The Commissioner may issue a letter 
20 
order for the detention of a foreigner if he/ she determines that a probable cause exists 
21 
for the filing of deportahon charges against a foreigner for violation of immigration and 
22 
other related laws, rules and regulations or there is a strong probability that a 
23 
deportable foreigner may flee from his/her place of abode, go into hiding or 
24 
surreptitiously leave the country. 
25 
SEC. 90. Formal Charge of Deportation. - A formal charge for deportation shall be 
26 
issued upon determination of the existence of a prima Jacie case against the foreigner. 
27 
Pending final determina.tion of his/her deportation case, the foreigner shall, upon the 
45 


1 
discretion of the Commissioner: (a) remain under detention; or (b) be released on bail or 
2 
recognizance. The bail may be revoked and confiscated in favor of the government if 
3 
there is sufficient evidence that the foreigner is evading the proceedings or is 
4 
attempting to abscond, in which case he/she shall be taken into custody and placed 
5 
under detention by order of the Commissioner. 
6 
SEC. 91. Detention of a Foreigner Convicted of a Felony or an Offense. - After 
7 
service of his/her sentence or compliance with the conditions of his/her parole or 
8 
probation, as the case may be, the foreigner shall be taken into custody and placed 
9 
under detention by order of the Commissioner. Pending final determination of the 
10 
deportation case, the foreigner may be ordered released under such terms and 
1 1 
conditions prescribed by the Commissioner. 
12 
SEC. 92. 
Vo/zltltary Deportation, When Authorized. - In case the foreigner does 
13 
not contest the formal charge against him/her and opts to voluntarily leave the country 
14 
at his/her own expense, the Commissioner may waive the deportation proceedings and 
15 
order the departure within the period specified in the voluntary deportation order, 
16 
except in cases of violations of laws such as Republic Act No. 8042 otherwise known as 
17 
the "Migrant Workers and Overseas Filipinos Act of 1995": Provided, That he/she has 
18 
not committed any criminal offense or has no pending case in court: Provided, jurther, 
19 
That the said foreigner so deported shall be barred from re-entering the country 
20 
without prior written authorization from the Commissioner. 
21 
SEC. 93. Contents,of an Order or Warrant of Deportation. - The order or warrant 
22 
of deportation shall be in the form prescribed by the Commissioner and shall state the 
23 
grounds therefor, the specific place where the foreigner is to be deported and the period 
24 
within which to execute such order. 
25 
SEC. 94. Period to Enforce Order of Deportation. - The order of deportation shall 
26 
be enforced immediately but in no case shall exceed three (3) months from the date it 
27 
has become final and executory. If deportation is not enforced within the preSCribed 
46 


period for reasons beyond the control of the Commissioner, the foreigner shall remain 
2 
in custody. 
3 
SEC 95. 
Suspension of Deportation Order. - Upon application and payment of 
4 
the prescribed fees by the concerned foreigner, the Commissioner may suspend the 
5 
implementation of the deportation order and order his/her release for good cause, 
6 
taking into account the following factors: 
7 
(a) Age, health, family or conduct; 
8 
(b) Period of detention; 
9 
(c) Impact on national security and public welfare; 
10 
(d) Unavailability of travel documents; 
11 
(e) Existence of an application for refugee status; or 
12 
(f) Other humanitaJrian considerations. 
13 
SEC 96. Reinstatement of a Deportation Order. - A deportation order previously 
14 
implemented against a foreigner who unlawfully re-entered the Philippines shall be 
15 
deemed automatically reinstated and shall be implemented in accordance with this Act. 
16 
This provision shall also apply to a foreigner who departed voluntarily under Section 92 
17 
hereof. 
18 
SEC 97. 
Country of Destination of a Deportee. - Except as provided for under 
19 
existing treaty or international agreement, a foreigner shall be deported to the country 
20 
of which he/she is a citizen or national, or to the countTY of his/her birth, or to the 
21 
country of which he/ she is a resident, or to the country from which he/ she embarked 
22 
for the Philippines, subject to the acceptance by the receiving country. 
23 
SEC 98. Existence of Danger in the Country Where a Foreigner is 1"0 be Deported. -
24 
No foreigner shall be deported to a countTy where there exists a danger to his/her life 
25 
or freedom on account of race, religion, nationality, political opinion or membership in 
26 
a particular political or social gToup, except in the following circumstances: 
27 
(a) 
The foreigner participated, induced or cooperated in the persecution of 
47 


any person on account of race, religion, nationality, political opinion or membership in 
2 
a particular political or social group in the country where he/ she is to be deported; 
3 
(b) The foreigner is a fugitive from justice in the country where he/she is to be 
4 
deported; 
5 
(c) The foreigner committed a serious non-political crime in the country where 
6 
he/ she is to be deported; or 
7 
(d) The foreigner is undesirable in and/ or a danger to the national security of the 
8 
Philippines, 
9 
SEC 99. Cost of Deportation. - The cost of deportation shall be borne by the owner, 
10 
operator, captain, master, pilot, agent or consignee of a vessel in case its foreign crew 
11 
member is to be deported for violation of Section 100 of this Act, In all other cases, the 
12 
cost of deportation shall be borne by the deportee himself/herself, the concerned 
13 
consular office, nongovernment organizations or people's organizations with which the 
14 
Commission has an agreement on this matter, or from the appropriations for the 
15 
enforcement of this Act. 
16 
SEC 100. 
Liabili'ty of Owner, Operator, Captain, Master, Pilot, Agent or 
17 
Consignee of a Vessel. - Failure or refusal on the part of the owner, operator, captain, 
18 
master, pilot, agent or consignee of a vessel to take on board, guard safely and transport 
19 
the deportee to his/her country of destination, or to shoulder the cost of deportation of 
20 
the foreign crew member as provided in Section 99 hereof, shall be punished by an 
21 
administrative penalty prescribed under this Act, 
22 
SEC 101. 
Expenses of Accompanying Person, - The Commissioner may, by 
23 
reason of the mental or physical condition of the deportee, direct an employee of the 
24 
Commission to accompany such deportee to the country of his/her destination, subject 
25 
to the provisions of the immediately preceding sections, 
26 
CHAPTER 3 
27 
INDIGENT FOREIGNERS 
48 


SEC. 102. 
Dep,ortation ,of Indigent Foreigners. - At any time after entry, the 
2 
Commissioner may deport indigent foreigners from the Philippines to the country of 
3 
which they are citizens or nationals, or country of birth, or country of residence, as the 
4 
case may be. The cost of deportation may be charged against the available funds of the 
5 
Commission. Any foreigner deported under this section shall be barred re-admission 
6 
except upon written authorization of the Commissioner. 
7 
This provision shaH not apply to a foreigner declared as an indigent by any 
8 
Philippine court for purposes of filing a case or to pursue a cause of action which 
9 
resulted in his/her indig;ency until such action is resolved with finality: Provided, That 
10 
no other grounds for deportation exist during the pendency of the same. 
11 
TITLEVl 
12 
MISCELLANEOUS PROVISIONS 
13 
CHAPTERl 
14 
REGISTRATION OF FOREIGN NATIONALS 
15 
SEC. 103. Requirement of Registration. -
A temporary foreign visitor must 
16 
register with the Commission or any Immigration Office nearest his/her place of 
17 
residence on or before the sixtieth (60th) day of his/her arrival in the Philippines. 
18 
SEC. 104. Registration Form and Oath. -
Applications for registration shall be 
19 
under oath and in such form as prescribed by the Commission. Upon registration, a 
20 
certificate of registration shall be issued by the Commission to the registrant. In case of 
21 
loss or destruction of the certificate, a replacement thereof may be issued by the 
22 
Commission upon proper application and payment of prescribed fees. 
23 
SEC. 105. Amendment of Registl'ation. -
A registered foreign national shall 
24 
notify the Commission in writing of any change of information in his/her registration 
25 
documents not later than seven (7) days thereof. 
26 
SEC. 
106. Presentation of Certificate of Registration. 
Every foreigner 
27 
required to register under this Act or the parent or guardian of such foreigner shall, 
49 


I 
upon demand of any authorized immigration official, present his/her certificate of 
2 
registration, and failure to do so without justifiable cause shall be dealt with in 
3 
accordance with the provisions of this Act. 
4 
SEC 107. Reportorial Requirements. - Every foreigner registered under this Act 
5 
shall, within the first sixty (60) days of every calendar year, report in person to the 
6 
Commission subject to the payment of prescribed fees. The parent or legal guardian of 
7 
foreigners below fourteen (14) years of age shall have the duty to comply with the 
8 
requirements prescribed under this Act. 
9 
SEC 108. Failure to Comply with Requirements. -
A foreigner, or his/her parent 
10 
or guardian, as the case may be, who, without justifiable reason, fails to comply with all 
11 
the requirements under this Act, or who files an application for registration containing 
12 
statements known by him/her to be false, or who utilizes registration documents other 
13 
than his/her own, shall be dealt with in accordance with the provisions of this Act and 
14 
other existing laws. 
15 
SEC 109. Cancellation of Registration of foreign National. -
In case of death of a 
16 
foreigner registered under the provisions of this Act, his/her legal heir, representative 
17 
or administrator must inform the Commission within sixty (60) days from death and 
18 
the Commission shall Cillncel such registration. The Local Civil Registrar or other civil 
19 
registry officer of the locality where said foreigner died shall furnish the Commission 
20 
with a copy of the Certificate of Death within thirty (30) days from issuance thereof. 
21 
Failure on the part of the persons concerned to comply with the requirements of this 
22 
section shall be dealt with pursuant to the provisions of this Act. 
23 
24 
CHAPTER 2 
25 
BONDS AND DEPOSITS 
26 
SEC 110. Bonds, When Required. - The Commission shall have the authority to 
27 
require cash bonds in such amounts and under such conditions as it may prescribe: 
50 


1 
(a) To control and regulate the admission into, and departure from, the 
2 
Philippines of foreigners applying for temporary admission; 
3 
(b) To insure against foreign passengers liable to be excluded as likely to become 
4 
public charges; and 
5 
(c) To insure the appearance of foreigners released from custody during the 
6 
course of deportation proceedings instituted against them. 
7 
SEC. 111. Requirement of Cash Deposits for Overtime Services. -
The 
8 
Commission shall likewise have the authority to require cash deposits in such amounts 
9 
as may be necessary from vessel's owner, operator, captain, master, pilot, agent, or 
10 
consignee or other persons served to cover payments for overtime services to be 
1 1 
performed by officers and employees of the Commission. 
12 
SEC. 112. 
Cancellation and Forfeiture of Bonds. - When the conditions of the 
13 
bond are fulfilled, or in case of a bond posted to insure against a foreigner becoming a 
14 
public charge, when the Commissioner decides that the likelihood no longer exists, or 
15 
death of the foreigner in whose behalf the bond is posted, the bond shall be cancelled 
16 
and released to the depositor or his/her legal representative. In case of violation of the 
17 
conditions of the bond, the same shall be forfeited and deposited in a trust fund account 
18 
which may be utilized for the purchase of passage tickets of indigent deportees and to 
19 
cover the costs of operations in the arrest of a deportee who jumps bail. 
20 
CHAPTER 3 
21 
RECOGNIZANCE 
22 
SEC. 113. 
Petitions for Recognizance, Sanction for Breach of Conditions. 
23 
The Commissioner may order the release of a foreigner upon recognizance of his/her 
24 
lawyer or a person who is of good standing in the community, under such terms and 
25 
conditions as he/ she may prescribe. Failure [0 comply with the terms and conditions 
26 
of the recognizance shall subject said lawyer or person to a fine of not less than Fifty 
27 
thousand pesos (PSO,OOO.OO) but not more than One hundred thousand pesos 
51 


1 
(Pl00,000.00), without prejudice to other administrative sanctions and/ or proceedings 
2 
against the erring party. 
3 
CHAPTER 4 
4 
COOPERATION AND COORDINATION WITH OTHER OFFICES 
5 
SEC. 114. Working Cooperation with the Department of Foreign Affairs. - For 
6 
purposes of efficient implementation and administration of this Act, the Commission 
7 
shall maintain a working cooperation with the Department of Foreign Affairs. 
8 
SEC. 115. Working Cooperation with the Commission on Higher Education. -
9 
The Commission shall maintain a working cooperation with the Commission on Higher 
10 
Education with respect to accreditation of schools and learning centers for enrolment of 
11 
foreign students as authorized under this Act. 
12 
SEC. 116. Coordination with Law Enforcement, Security and Other Offices. 
13 
The Commissioner shan have authority to maintain coordination with the National 
14 
Security Council, the Philippine National Police, and other law enforcement agencies of 
15 
the government. 
16 
CHAPTER 5 
17 
FEES AND CHARGES 
18 
SEC. 117. Authonity of the Commissioner to Prescribe, Impose and Collect Fees 
19 
and Charges. -
The Commissioner is authorized to prescribe, impose and collect fees 
20 
and charges for services rendered pursuant to the provisions of this Act, which shall 
21 
take effect fifteen (15) days after the last publication thereof for two (2) consecutive 
22 
weeks in a newspaper of general circulation. 
23 
SEC. 118. Head FI'e. -
Every foreign national who is at least fourteen (14) years 
24 
of age and admitted to the Philippines for a temporary stay exceeding sixty (60) days 
25 
shall pay a head fee in an amount to be fixed by the Board. 
26 
52 


I 
2 
3 
SEC. 119. 
CHAPTER 6 
ADMINISTRATIVE HNES AGAINST VESSELS 
Fine IDr Failure tD Submit Crew List Dr Passenger Manilest, Dr 
4 
Failure tD Account Every Passenger and Crew. -
Any pilot, master, agent, owner or 
5 
consignee of a vessel arriving at any port in the Philippines from a place outside thereof 
6 
who fails to submit to the immigration authorities a complete and accurate crew list or 
7 
passenger manifest, or fails to produce or account every crewmember or passenger 
8 
whose name appears in said list or manifest shall be subject to fines of One hundred 
9 
thousand pesos (PIOO,OOO.OO) and Fifty thousand pesos (P50,OOO.OO) for 
each 
10 
unaccounted person, respectively. 
11 
SEC. 120. Fine lor ViDlation £If ObligatiDn £In the Landing Dr Removal 01 
12 
FDreigners. -
A pilot, master, agent, owner or consignee of any vessel arriving at a 
13 
port of the Philippines from a place outside thereof in violation of this Act shall be 
14 
fined not less than Fifty thousand pesos (P50,OOO.OO) but not more than Two hundred 
15 
thousand pesos (P200,OOO.OO) for each violation. 
16 
SEC. 121. Fine for Bringing UndDcumented Foreigner, or Foreigner Af/lictefl with 
17 
CDmmunicable Dr CDntagious Disease, Dr Suffering IrDm Mental Disorder. - The pilot, 
18 
master, agent, owner or consignee of the vessel arriving at a port in the Philippines 
19 
from a place outside thereof bringing on board an undocumented foreigner shall be 
20 
fined One hundred thousand pesos (PIOO,OOO.o(l) for each foreigner. If the foreigner is 
21 
afflicted with a communicable or contagious disease or is suffering from mental 
22 
disorder, the fine shall be not less than Two hundred thousand pesos (P200,OOO.OO) but 
23 
not more than Three hundred thousand pesos (P300,OOO.OO) for each foreigner. 
24 
SEC. 122. 
Fine for Bringing a FDreigner tD Assist His Illegal Entry Dr 
25 
Misrepresenting a FDreigner as a Member of the Crew. -
The pilot, master, agent, 
26 
owner or consignee of the vessel arriving at any port in the Philippines from a place 
27 
outside thereof bringing on board a foreigner bound for the Philippines to assist his/her 
53 


illegal entry, or misrepresenting the foreigner to the immigration officer at the port of 
2 
arrival as a bona fide member of the crew, shall be fined not less than One hundred 
3 
thousand pesos (P100,ClOO.00) but not more than Two hundred thousand pesos 
4 
(P200,000.00) for each foreigner. 
5 
SEC. 123. 
Fine for Violation of Other Provisions of this Act. -
The pilot, 
6 
master, agent, owner or consignee of any vessel arriving at any port of the Philippines 
7 
from a place outside thereof who violates any other provision of this Act not specifically 
8 
provided in this Chapter shall be fined not less than Fifty thousand pesos (P50,OOO.00) 
9 
but not more than Two hundred thousand pesos (P200,000.00) for each violation. 
10 
CHAPTER 7 
11 
OTHER PENAL PROVISIONS 
12 
SEC. 124. Other Prohibited Acts and Penalties Thereof - Any person who shall 
13 
commit any of the acts specified hereunder shall, upon conviction, suffer the penalty of 
14 
prision correccional in its maximum period to prision mayor in its minimum period or a 
15 
fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five 
16 
hundred thousand pesos: (P500,000.00) or both, at the discretion of the court: 
17 
(a) Impersonates another individual, or falsely appears in the name of a deceased 
18 
individual, or evades the immigration laws by using an assumed or fictitious name 
19 
when applying for an immigration document; 
20 
(b) Issues or otherwise disposes of an immigration document or an immigration 
21 
accountable form, to any person not authorized by law to receive such documents; 
22 
(c) Obtains, manufactures, prints, accepts or uses any immigration or travel 
23 
document knowing it to be false or uses immigration accountable form that is not 
24 
legally issued; 
25 
(d) Enters the Philippines without inspection and admission by the immigration 
26' authorities, or obtains entry into the Philippines by fraud, misrepresentation, or 
27 
concealment of material facts; 
54 


I 
(e) Misrepresents himself/herself to be a Philippine citizen; 
2 
(f) Knowingly makes under oath any false statement regarding any immigration 
3 
matter; or 
4 
(g) Brings into, or lands in the Philippines, or conceals, harbors, employs, or 
5 
gives comfort to any person not duly admitted by any immigration officer or not 
6 
lawfully entitled to enter into or resides within the Philippines, or attempts, conspires 
7 
with, or aids another to commit any such acts. 
8 
Where the offender of any acts specified in paragraph (g) of this section is a 
9 
corporation, company, partnership or other juridical entity, the president, general 
10 
manager, managing partner, or chief executive officer thereof shall be held liable. 
11 
Dismissal of the employee by the employer before or after apprehension shall not 
12 
relieve such employer from any liability arising from the offense: Provided, That if the 
13 
offender is the pilot, master, agent, owner, consignee, or other person in charge of the 
14 
vessel which brought the foreigner into the Philippines from any place outside thereof, 
15 
the fine imposed under this section shall constitute a lien against the vessel which may 
16 
be enforced in the same manner as fines are collected and enforced under existing laws. 
17 
Such vessel shall not be allowed to depart without prior clearance issued by the 
18 
Commission. Where forfeiture is justified under the particular circumstances of the 
19 
case, the forfeiture of the vessel in favor of the government in lieu of the fine shall be 
20 
decreed. 
21 
Conviction by final judgment of any offense punishable under this Act or other 
22 
related laws shall result in the automatic revocation or cancellation of any immigration 
23 
document issued to the offender, including that of his/her spouse and unmarried 
, 
24 
children, if applicabl'l!'. 
25 
SEC. 125. Pe~lldhJ for Non-compliance of Subpoena. -
Any person who, having 
26 
been duly served with a subpoena, fails to comply without valid and justifiable reasons 
27 
shall, upon conviction, suffer the penalty of imprisonment of not more than fifteen (15) 
55 


days or a fine of not more than One thousand pesos (Pl,OOO.OO), or both, at the 
2 
discretion of the court. 
3 
SEC. 126. Penalty fDr an Overstaying Crewmember. -
Any foreign crewmember 
4 
who wilfully remains in the Philippines beyond the period allowed him/her for 
5 
temporary landing shall, upon conviction, suffer the penalty of imprisonment of six (6) 
6 
months or fine of not less than Fifty thousand pesos (P50,000.00) but not more than One 
7 
hundred thousand pesos (PIOO,OOO.OO), or both, at the discretion of the court. 
8 
SEC. 127. 
ImpositiDn £If Maximum Penalty, When Applicable. - A person 
9 
convicted under Republilc Act No. 3019, as amended, otherwise known as the" Anti-
10 
Graft and Corrupt Practices Act", or other laws against corruption and bribery who 
11 
shall violate or circumvent any provisions of this Act shall, upon conviction, suffer the 
12 
maximum penalty for such offense as provided under this Act. 
13 
CHAPTERS 
14 
FUNDING 
15 
SEC. 128. Fll1uling. -
In addition to its annual budget under the General 
16 
Appropriations Act, the Commission is hereby authorized to retain and use fifty 
17 
percent (50%) of its income derived from collection of immigration fees, fines, penalties 
18 
and charges to pay hazard pay, subsistence allowance and other monetary benefits at 
19 
rates fixed by the Commissioner and for maintenance and other operating expenses, 
20 
intelligence and law enforcement, information and communication technology 
21 
infrastructure, transportation facilities and other capital outlay expenditures. The 
22 
Commission is likewise hereby authorized to retain and use its income in excess of the 
23 
prescribed collection target. 
24 
CHAPTER 9 
25 
SEC. 129. 
Stafling Pattern and Salary Schedule. - To carry out the provisions 
26 
of this Act, the Commisl,ioner shall submit a new staffing pattern and salary schedule 
27 
for personnel services to the Secretmy of the Department of Budget and Management 
56 


1 
for approval, which shall be in accordance with the Salary Standardization Law and 
2 
other applicable laws under the National Compensation and Classification Plan. 
3 
SEC. 130. Reorganization of the Commission. -
Upon approval of this Act, all 
4 
employees of the Bureau of Immigration covered by the civil service law and 
5 
regulations 
shall 
continue 
to 
hold 
their 
present 
positions 
pending 
the 
6 
reorganization of the Cornmission in accordance with the new staffing pattern: 
7 
Provided, That the salaries, wages, allowances and other benefits of incumbent officers 
8 
and employees of the Commission shall not be subject to diminution: Provided, jurther, 
9 
That 
in 
the 
event that 
the 
positions are 
abolished in accordance with the 
10 
reorganization, the affected employees shall be retained. 
Provided, finally, That 
11 
employees who have bel~n dismissed for cause shall no longer qualify for any position 
12 
in the Commission. 
13 
SEC. 131. Inventory and Transfer of Properties, Accounts, Assets, Liabilities and 
14 
Obligations to the Commission. -
All buildings, properties, equipment, facilities, 
15 
accounts, other assets, liabilities and other obligations as well as records of the Bureau 
16 
of Immigr,ation shall be properly inventoried and transferred to the Commission. 
17 
SEC. 132. 
Tre~lty or Agreement. - Any treaty or agreement entered into 
18 
between the Philippines and any foreign state before the effectivity of this Act shall 
19 
remain in force and effect. 
20 
SEC. 133. Pending Cases. - Any prosecution, suit, action, proceeding, or any act 
21 
or matter, civil or criminal, pending at the time of the effectivity of this Act shall not be 
22 
affected by the provision of this Act unless otherwise applicable. 
23 
24 
CHAPTER 10 
25 
ADMINISTRATION AND IMPLEMENTATION 
26 
SEC. 134. Administration and Implementation Abroad. - The administration and 
27 
implementation of this Act abroad, including the rules and regulations as well as 
57 


policies arising from it shall be the responsibility of the Department of Foreign Affairs 
2 
through Philippine diplomatic and consular establishments. 
3 
4 
SEC. 135. Implementing Rules and Regulations. 
-
The Commission, upon 
5 
consultation with the Department of Foreign Affairs and other concerned government 
6 
agencies or offices and subject to the approval by the Secretary, shall promulgate the 
7 
rules and regulations for the implementation of this Act within one hundred twenty 
8 
(120) days from its effectivity. 
9 
10 
CHAPTER 11 
11 
FINAL PROVISIONS 
12 
SEC. 136. SeparabilihJ Clause .. -
If any of the provisions of this Act is held 
13 
invalid or unconstitutional the other provisions not affected thereby shall continue to be 
14· in force and effect. 
15 
16 
SEC. 137. 
Repealing Clauses. - (a) Commonwealth Act No. 613, otherwise 
17 
known as the Philippine Immigration Act of 1940, as amended, is hereby repealed; (b) 
18 
All laws, presidential decrees, executive orders, proclamations, memorandum orders, 
19 
instructions, rules and regulations or parts thereof inconsistent with this Act are hereby 
20 
amended or modified accordingly. 
21 
SEC. 138. Effecti'.oity Clause. -
This Act shall take effect fifteen (15) days after 
22 
its complete publication in the Official Gazette or in two (2) newspapers of general 
23 
circulation. 
24 
Approved, 
58