Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
19th CONGRESS 
First Regular Session 
HOUSE BILL NO.  ____ 
___________________________________________________________________________ 
Introduced by REP. BERNADETTE “DETTE” G. ESCUDERO 
___________________________________________________________________________ 
PHILIPPINE IMMIGRATION ACT 
EXPLANATORY NOTE 
The current governing law of the Bureau of Immigration, 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 
international 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
July 26, 2022
6:22 pm
2398


 
 
 
(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. 
 
 
 
 
 
 
 
 
   
  
  BERNADETTE “DETTE” G. ESCUDERO 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
19th CONGRESS 
First Regular Session 
HOUSE BILL NO.  ____ 
___________________________________________________________________________ 
Introduced by REP. BERNADETTE “DETTE” G. ESCUDERO 
___________________________________________________________________________ 
PHILIPPINE IMMIGRATION ACT 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
TITLE I 
GENERAL PROVISIONS 
SECTION 1. Title of the Act. — This Act shall be known as the "Philippine Immigration 
Act". 
SEC. 2. Declaration of Policy. — In relation to other states, the Philippines shall give 
paramount consideration to national sovereignty, 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, Philippine immigration policies, 
rules and regulations under this Act shall be applied and administered 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  
2398


(g) Professionalization of the immigration service by instituting a rigid system of
screening and selection of immigration officials and employees and promoting their 
development. 
SEC. 3.  Definition of Terms. — As used in this Act, the following terms are defined 
as follows: 
(a)
"Admission" refers to the process by which a foreigner arriving at a port of entry
in the Philippines is allowed into the country by the immigration authorities; 
(b)
"Board" refers to the Board of Commissioners;
(c)
"Border Control Officer" refers to any person tasked to man the border control
station as provided under Section 26 of this Act; 
(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 Section
1, Article IV of the Constitution of the Republic of the Philippines; 
(g)
“Commission" refers to the Commission on Immigration;
(h)
“Commissioner” and “Deputy Commissioner” refer to the Commissioner of
Immigration and the Deputy Commissioner of Immigration, respectively; 
(i)
“Commitment Order” refers to an order issued by the Commissioner under
Section 7 (c) (2) of this Act that directs the detention of a foreigner after it has been 
determined that a probable cause exists that he/she committed acts and/or omissions in 
violation of Philippine immigration laws, rules and regulations, or during the pendency of 
deportation case against such foreigner: Provided, That such detention shall not exceed  three 
(3) months, unless there exists other legal grounds for continued detention;
(j)
“Consular officer" refers to any consular, diplomatic, or other officer of the
Government of the Philippines who has been duly granted a consular commission for the 
purpose of issuing visas under this Act; 
(k)
"Entry” refers to the arrival of a foreigner into any designated port of entry in
the Philippines from a place outside thereof. A foreigner having a lawful permanent residence 
in the Philippines shall not be regarded as making an entry for the purpose of this Act if such 
foreigner proves that his/her departure to a place outside the Philippines was for a temporary 
or limited period, or his/her continued absence from the Philippines was occasioned by 
deportation proceedings, extradition, or other legal process; 
(l)
“Exclusion” refers to the act of Immigration Officers denying admission of a
foreigner into the country on grounds provided for in this Act; 
(m)
"Foreigner" or “Foreign National” refers to any person not a citizen of the
Philippines; 
(n)
“Foundling” refers to a deserted or abandoned infant or child whose parents,
guardian or relatives are unknown; or a child committed to an orphanage or charitable or 
similar institution with unknown facts of birth and parentage and registered in the Civil 
Registrar as a “foundling”; 
(o)
“Hold Departure Order” refers to (1) a directive that commands the
Commissioner to prevent a foreigner from leaving the territorial jurisdiction of the 
Philippines in cases of grant of bail and recognizance pending implementation of Summary 


Deportation Order, or (2) an order implementing a directive from the President, the Senate, 
the House of Representatives, the Department of Justice (DOJ), Regional Trial Courts, 
Sandiganbayan, and appellate courts to prevent a person from leaving the Philippines to any 
place outside thereof; 
(p)
"Husband" and/or  "Wife"  refer(s) to those regarded as such by the laws of the
country of which they are nationals but shall not include husband or wife by reason of proxy 
or “picture marriage”; 
(q)
"Immigrant" refers to any foreign national departing from any place outside the
Philippines destined for the Philippines, other than a non-immigrant; 
(r)
“Immigration laws"  refers to this Act and any other law presently existing or
which may hereafter be enacted relating to movement of natural persons to and from the 
Philippines, and their exclusion, interception, deportation and repatriation; 
(s)
"Immigration Officer" refers to any person appointed under Section  28 of this
Act or any employee of the Commission designated by the Commissioner to perform the 
powers, duties and functions of an Immigration Officer as specified under this Act; 
(t)
“Interception” refers to the act of Immigration Officers denying departure
clearance to any person leaving the country on grounds provided for in this Act; 
(u)
"Non-immigrant" refers to any foreigner departing from any place outside the
Philippines who is allowed entry and admission into the Philippines for a temporary or 
limited period of stay; 
(v)
“Non-refoulement” refers to principle of international law which prohibits the
forced return of a refugee to the state or territory where his/her life or liberty would be 
threatened; 
(w)
"Passport" refers to document issued by the Philippine government to its
citizens requesting other governments to allow its citizens to pass safely and freely, and in 
case of need to give him all lawful aid and protection;  
(x)
"Person" refers to natural and juridical person such as partnerships,
corporations, companies, and associations; 
(y)
"Port of entry"  refers to any port designated by competent  authority in
accordance with law through which a foreigner may apply to the Immigration Officer thereat 
for admission into the Philippines; 
(z)
"President"  refers to the President of the Republic of the Philippines;
(aa) “Refugee” refers to a person who, owing to a well-founded fear of being
persecuted for reasons of race, religion, nationality, membership of a particular social group, 
or political opinion, is outside the country of his/her nationality, and is unable or, owing to 
such fear, is unwilling to avail of the protection of that country; or who, not having a 
nationality and being outside the country of his/her former habitual residence, is unable or, 
owing to such fear, is unwilling to return to it; 
(bb) "Seaman," “Seafarer” or "Crewmember" refers to a person actually employed in 
the operation or service in any capacity on board a vessel; 
(cc) "Secretary" refers to the Secretary of the Department of Justice;
(dd) “Stateless Person” refers to a person who is not considered as a national by any
State under the operation of its laws; 


 
 
(ee) “Travel document" refers to a certification or identifying document containing 
the description and other personal circumstances of its bearer, issued for direct travel to and 
from the Philippines valid for short periods or a particular trip. It is issued only to persons 
whose claim to Philippine citizenship is doubtful or who fall under the category enumerated 
in Section 13 of Republic Act No. 8239, otherwise known as “The Philippine Passport Act of 
1996”; 
(ff) "Vessel" refers to all means of conveyances, whether aircraft or sea craft;  
(gg) "Visa" refers to an endorsement on a passport or any travel document issued by 
a Consular Officer abroad authorizing the holder thereof to proceed to a designated port of 
entry in the Philippines and there to apply for entry and admission under the status specified 
therein; or immigration status granted and/or issued to foreigners by the Commissioner or the 
Board under this Act; and 
(hh) “Watchlist Order” refers to an order issued by the Commissioner under Section 
7 (c) (4) of this Act that requires immigration personnel to monitor and/or prevent the 
departure of any person for a period of fifteen (15) days, extendible for another fifteen (15) 
days, and to notify concerned government or law enforcement agencies, when his/her 
presence is required in criminal or legislative proceedings or he/she poses or may pose a 
threat to national security, public health or public safety.  
 
 
 
TITLE   II 
COMMISSION ON IMMIGRATION 
CHAPTER 1  
THE COMMISSION 
 
SEC.  4. Creation. — The Commission on Immigration is hereby created. It shall be 
principally responsible for the administration and enforcement of this Act, and the 
implementation of all laws, rules, regulations or orders of any competent authority 
concerning the entry and admission into, stay in, and the departure from the Philippines of all 
persons. The Commission shall be under the general supervision of the Office of the 
President. 
 
SEC. 5. Composition and Qualification. — The Commission shall be administered by 
the Board headed by the Commissioner as  Chairperson, and four (4) Deputy Commissioners 
as members, all of whom shall be natural-born citizens of the Philippines and, at the time of 
their appointment, at least thirty-five (35) years of age, holders of a college degree and with 
proven capacity for administration: Provided, That the majority or three (3) members 
including the Chairperson of the Commission shall be members of the Philippine Bar in good 
standing for at least five (5) years. 
 
 
 
 


 
 
CHAPTER  2  
THE COMMISSIONER 
 
SEC. 6. Appointment and Rank of the Commissioner. — The Commissioner shall be 
appointed by the President and shall have the same rank, salary, and privileges of an 
Undersecretary of a Department.  
 
SEC. 7. Powers and Functions of the Commissioner. – In addition to the duties as 
Chairperson of the Board, the Commissioner shall exercise the following powers and 
functions: 
(a) 
Supervise, direct and coordinate the overall operations of the Commission; 
(b) 
Appoint, and exercise control and supervision over, the officers and personnel 
of the Commission, subject to existing civil service laws, rules and regulations; 
(c) 
Issue, (1) letter orders after determination of the existence of probable cause; 
(2) commitment or release orders; (3) warrant of deportation; (4) watchlist orders; (5) hold 
departure orders; (6) allow entry or departure orders; (7) blacklist orders; and (8) orders 
implementing watchlist orders issued by the Department of Justice; 
(d) 
Delegate authority to subordinate officers and employees of the Commission, 
except with regard to powers and functions enumerated in the immediately preceding 
paragraph, which may be delegated only to the  Deputy Commissioners; 
(e) 
Act on applications for issuance and revocation of immigrant visas; 
(f) 
Act on petitions for declaration of indigency; 
(g) 
Declare such control posts, landing places, airports or ports as points of entry 
or exit, whether limited or unlimited; 
(h) 
Increase, reduce or waive immigration fees, fines, penalties and other charges;  
(i) 
Participate as member of the Special Committee on Naturalization pursuant to 
Section 6 of Republic Act No. 9139 otherwise known as “The Administrative Naturalization 
Law of 2000”; 
(j) 
Act on applications for retention or reacquisition of citizenship under Republic 
Act No. 9225 otherwise known as “Citizenship Retention and Re-acquisition Act of 2003”; 
(k) 
Issue Certificate of Identification to foreigners who have obtained Filipino 
citizenship; 
(l) 
Issue letter orders and permits to carry firearms, ammunition and 
communications equipment to authorized immigration operatives for use in enforcement 
operations and in the execution of warrants: Provided, That such firearms and ammunition 
are owned and issued by the Commission;  
(m) 
Inspect the documents, premises and records of persons covered by this Act; 
(n) 
Deputize any official or employee of the national government and local 
government units, including uniformed personnel of the Armed Forces of the Philippines, the 
Philippine National Police and the Philippine Coast Guard to perform immigration duties and 
functions subject to the concurrence of the Board; 
(o) 
Authorize and prescribe the forms and the amount of cash bonds for the 
provisional release of respondents in deportation proceedings; 


 
 
(p) 
Impose reasonable fines and penalties for violation of immigration and alien 
registration laws in accordance with this Act and the guidelines adopted by the Commission; 
(q) 
Provide an express lane for the rendition of services upon payment of 
prescribed fees by airlines/shipping companies or other persons served and to deposit in a 
government-authorized depository bank all such fees received under a trust fund that may be 
made available for the payment of allowances to employees of the Commission, subject to 
existing accounting and auditing rules and regulations; 
(r) 
Accept donation of materials, equipment or technical services from any 
foreign government, international or domestic organization, to upgrade the efficiency and 
operations of the Commission; 
(s) 
Submit to the President and Congress, annually or as may be directed, a report 
on the: (1) number and status of foreigners in the Philippines; (2) foreigners admitted or 
granted change of status as permanent residents; (3) foreigners who have been excluded or 
deported from the Philippines; (4)  estimated number of illegal foreigners in the Philippines 
in each calendar year and actions taken to arrest them, by nationality grouping, for each 
region in the Philippines; and (5) such other transactions of the Commission; 
(t) 
Prepare and submit supplemental budget of the Commission for the 
consideration of the Department of Budget and Management; 
(u) 
Prescribe such rules, regulations or other administrative issuances to carry out 
the provisions of this Act; 
(v) 
Prescribe the appropriate forms, bonds, reports, entries and other papers in 
accordance with this Act;  
(w) 
Perform such other functions inherent to the Commission; and 
(x) 
Act on applications for recognition of Philippine citizenship on foundlings. 
 
CHAPTER  3  
THE DEPUTY COMMISSIONERS 
 
SEC. 8. Appointment and Rank of Deputy Commissioners. — There shall be four (4) 
Deputy Commissioners who shall be appointed by the President. They shall have the same 
rank, salary and privileges of an Assistant Secretary of a Department.  Provided, that a 
plantilla for one (1) Deputy Commissioner shall be created which shall be occupied by a 
career officer from the Commission.  
 
SEC. 9. Duties of Deputy Commissioners. — In addition to their duties as members of 
the Board, the Deputy Commissioners shall exercise additional powers, subject to the 
approval of and as may be assigned by the Board, in the following areas of concern as: 
(a) Deputy Commissioner for Administration, Finance, Planning, Legal and 
Information and Communications Technology; 
(b) Deputy Commissioner for Regional Operations, Registration, Immigration 
Regulation and Visa and Special Permit; 
(c) Deputy Commissioner for Intelligence, Enforcement, Fraud Prevention and 
Complaint and Prosecution; and 


 
 
(d) Deputy Commissioner for International Policies, Cooperation and Social 
Integration. 
 
 
CHAPTER 4  
THE BOARD OF COMMISSIONERS 
 
SEC. 10.  Powers and Functions of the Board. – The Board shall have the following 
powers and functions: 
(a) Decide on deportation cases; 
(b) Act on appeals on decisions promulgated by immigration hearing officers; 
(c) Act on applications or recommendations for revocation of immigration status; 
(d) Act on applications for recognition of Philippine citizenship by reason of birth or 
marriage; 
(e) Act on applications for recognition of Philippine citizenship of foundlings; 
(f) Decide on applications for legalization of residence in accordance with law; 
(g) Prescribe and promulgate rules of proceedings before it; 
(h) Cite and punish for contempt any person in accordance with the Rules of Court; 
(i) Prepare and publish operations manual and rules of procedure, including schedule 
of fees, for all transactions entered into by the Commission with the public; 
(j) Formulate policies, directives, programs and projects of the Commission; and 
(k) Perform such other powers and functions as provided by existing laws, rules and 
regulations not inconsistent with any of the provisions of this Act. 
 
SEC. 11. Decisions of the Board. – In all cases or proceedings before the Board, 
the decision of the majority shall prevail. Decisions of the Board shall become final and 
executory fifteen (15) days from receipt thereof. Only one (1) motion for reconsideration 
shall be filed with the Board. 
Decisions in deportation cases may be appealed to the Office of the President within 
fifteen (15) days from receipt thereof, whose decision shall be final and executory unless 
stayed by an order of the Court of Appeals. The appeal shall stay the execution of the 
decision appealed from unless the Board, in the interest of national security and/or public 
safety, directs its execution pending appeal. 
SEC.  12. 
Period for Decision by the Board. – The Board shall decide 
deportation cases within thirty (30) days from the date they are submitted for decision or 
resolution. 
SEC. 13. Meetings of the Board. – In all cases, the Board shall convene and act as a 
collegial body in all matters referred to in Section 10 of this Act. The Board shall meet at 
least once a week or, if necessary, twice a week. Members of the Board shall be notified 
accordingly and the presence of the Chairperson and two (2) members shall constitute a 
quorum. 
 
SEC. 14. Board Secretary. – The Board shall be assisted by a Board Secretary who shall 
be appointed by the Commissioner. He/she must be a member of the Philippine Bar in good 
standing for at least three (3) years prior to his/her appointment. He/she shall keep a docket 
book for deportation cases, applications for revocation of immigration status, applications 


 
 
for recognition of Philippine citizenship by reason of birth or marriage, applications for 
legalization of residence and applications for refugee status. 
 
CHAPTER 5  
THE EXECUTIVE DIRECTOR 
 
SEC. 15. Appointment and Tenure – There shall be an Executive Director of the 
Commission who shall be appointed by the President, and whose term shall be co-terminus 
with the Commissioner.  He/she must be a natural-born citizen of the Philippines, at least 
thirty (30) years of age and a member of the Philippine Bar in good standing for at least five 
(5) years prior to his/her appointment. 
SEC. 16. Powers and Duties. – The Executive Director shall: 
(a) 
Advise and assist the Commissioner in the formulation and implementation of 
the objectives, policies, plans and programs of the Commission; 
(b) 
Oversee all the operational activities of the Commission; 
(c) 
Coordinate the programs and projects of the Commission and be responsible 
for its economical, efficient and effective administration; 
(d) 
Administer oaths in connection with all matters relating to the business of the 
Commission; and 
(e) 
Perform such other duties as may be assigned by the Commissioner. 
 
CHAPTER 6  
THE BOARD OF SPECIAL INQUIRY 
 
SEC. 17. Constitution of Boards of Special Inquiry. There shall be constituted as many 
Boards of Special Inquiry as required in the exigency of service but not more than twelve 
(12). Each Board shall be composed of a Chairperson and two (2) members. The Board shall 
be designated according to their areas of specialization to be determined by the Board.   
 
SEC.  18. 
Appointment and Qualification of the Chairpersons and Members of 
the Boards of Special Inquiry. – The Chairpersons and members of the Boards of Special 
Inquiry shall be appointed by the Commissioner, all of whom shall be natural-born citizens of 
the Philippines and, at the time of their appointment, at least thirty (30) years of age, 
members of the Philippine Bar in good standing, and engaged in the practice of law for at 
least three (3) years. They shall hold office during good behavior, unless sooner removed for 
cause. 
 
SEC. 19. Powers and Functions of the Boards of Special Inquiry. – The Boards of 
Special Inquiry shall: 
 
(a) Administer oaths; 
(b) Cite and punish for contempt in accordance with the Rules of Court; 
(c) Issue subpoena in cases being heard by the Board of Special Inquiry;  
(d) Recommend to the Board the imposition, waiver or reduction of fees, fines, 


 
 
penalties and other charges subject to existing laws, rules and regulations; 
(e) Exercise exclusive original authority to hear and recommend to the Board for final 
resolution the following cases: 
(1) 
Deportation; 
(2) 
Applications for revocation of immigration status; 
(3) 
Applications for recognition of Philippine citizenship by reason of 
birth or marriage; 
(4) 
Applications for legalization of residence in accordance with law;  
(5) 
Application for issuance of visa for stateless person; and 
(f) 
Perform such other duties and functions as may be directed by the 
Commissioner. 
SEC. 20. Proceedings Before the Boards of Special Inquiry. – The proceedings before 
the Boards of Special Inquiry shall be public and recorded.  In all cases, the Boards of Special 
Inquiry shall meet and act as a collegial body.  Only members of the Philippine Bar in good 
standing shall appear for and in behalf of any party before the Boards of Special Inquiry. 
 
SEC. 21. Resolutions of the Boards of Special Inquiry.  –  Cases before the Boards of 
Special Inquiry shall be resolved within five (5) working days from the date the same are 
submitted for resolution.  Said resolution shall be submitted immediately to the Board for 
action. 
CHAPTER 7 
 DIVISIONS OF THE COMMISSION 
 
SEC. 22. Divisions and Other Operating Offices of the Commission. — The 
Commission shall have the following divisions and other operating offices, namely: (1) 
Administration; (2) Finance; (3) Information and Communications Technology; (4) Planning 
and Research; (5) International Policies and Cooperation; (6) Social Integration; (7) 
Intelligence; (8) Law Enforcement; (9) Fraud Prevention; (10) Legal; (11) Immigration 
Regulation; (12) Registration; (13) Visa and Special Permit; (14) Complaint and Prosecution; 
(15) Internal Audit Office; (16) National Operations Center; and (17) Immigration Academy 
of the Philippines. 
 
         SEC. 23.  Heads of the Divisions and Other Operating Offices.  —   Each Division and 
other operating offices shall be headed by a Director to be appointed by the Secretary, upon 
recommendation of the Commissioner:  Provided, however, That Directors for the Division 
for Legal and the Division for Complaint and Prosecution shall be members of the Philippine 
Bar in good standing, and must have been engaged in the practice of law for at least three (3) 
years. The Director for Finance Division shall be a Certified Public Accountant in good 
standing for at least three (3) years.  
 
SEC. 24. 
Duties and Functions of the Divisions and Other Operating Offices. – 
The different divisions and other operating offices of the Commission shall operate in 
accordance with their respective duties and functions as defined by the Commissioner, 


 
 
subject to the requirements of efficiency, economy, transparency, accountability and 
effectiveness, and pertinent budget and civil service laws, rules and regulations. 
 
CHAPTER 8  
REGIONAL OFFICES 
 
SEC. 25. Field Offices of the Commission. — The Commission shall operate and 
maintain a Regional Immigration Office in each of the administrative regions including the 
National Capital Region. 
            The Regional Immigration Offices of the Commission shall each be headed by a 
Regional Immigration Officer, all of whom shall be appointed by the Secretary upon the 
recommendation of the Commissioner. 
 
SEC. 26. Border Control Stations – There shall be established Border Control 
Stations which shall be manned by Border Control Officers appointed by the Commissioner. 
The Border Control Stations shall be placed in specific areas in the Philippines which shall be 
determined by the Board. Their duties and responsibilities shall be determined by the 
Commissioner. 
 
SEC. 27. Changes in the Composition, Distribution of Assignment of Regional 
Offices. – The Commissioner may make changes in the composition, distribution and 
assignment of Regional Offices, as well as its personnel, based on the demographics of the 
Philippines’ foreigner population and as the exigency of the service requires. 
 
SEC. 28. Immigration Officers. – The position of Immigration Officer is hereby 
created. No person shall be appointed to the position of Immigration Officer unless he is a 
holder of a bachelor’s degree and a first-grade civil service eligible. The Immigration 
Officers shall perform the following duties:  
 
(a) Examine, with the assistance and advice of medical authorities in appropriate 
cases, foreigners at the port of entry concerning their admissibility to enter and their 
qualifications to remain in the Philippines; 
(b) Exclude foreign nationals not properly documented, and to admit foreign nationals 
complying with the applicable provisions of immigration and related laws; 
(c) Administer oaths in connection with the performance of their duties; 
(d) Search for foreign nationals on any vessel believed to be used to illegally bring 
foreign nationals into the Philippines, and to arrest without warrant any foreigner who in his 
presence or view is entering or is about to enter the Philippines in violation of immigration 
and related laws, rules and regulations; 
(e) Act as control officer with authority to prevent the departure of passengers not 
complying with departure requirements; and 
(f) Perform such other functions as may be assigned by the Commissioner from time 
to time. 
 


 
 
         SEC. 29. Designation of Employees. – The Commissioner may designate, in accordance 
with civil service laws, rules and regulations, any competent and qualified employee of the 
Commission, to act as immigration officer or assign any employee to other offices within the 
Commission and/or assign him/her additional or other duties as the best interest or exigency 
of the service may require. 
 
SEC. 30. Assignment of Employees to do Overtime Work. — The Commissioner may 
assign immigration employees to do overtime work or services pursuant to rules and 
regulations to be prescribed and at the rates fixed by the Commissioner when the work or 
service to be rendered is to be paid by the airline, shipping companies or other persons 
served. 
 
SEC. 31.  Deployment of Immigration Personnel Abroad. - Within ninety (90) days 
from the effectivity of this Act, the Department of Foreign Affairs and the Commission shall 
enter into a Memorandum of Agreement pertinent to the assignment and deployment of 
immigration personnel to select consular posts abroad who shall perform immigration duties, 
except diplomatic and consular functions. 
 
SEC.  32. Manning Levels - On the average, the manning levels of immigration officers 
of the Commission nationwide shall be in accordance with the number of arrivals in each port 
of entry as determined by the Board: Provided, That the number of employees, as provided in 
the staffing pattern in accordance with Section 130 of the Act, shall not be decreased.  
 
 
TITLE III 
IMMIGRATION 
CHAPTER 1 - NON-IMMIGRANTS 
 
      SEC. 33. Categories of Non-immigrants and Types of Visa Issued.- Foreign nationals 
departing from any place outside the Philippines who are otherwise admissible and who 
qualify under any one of the following categories may be admitted as non-immigrants: 
(a) Temporary visitors (A Visas): Visitors coming to the Philippines for a temporary 
period for reasons of business, pleasure or health: 
1. Business (A-1 visa): Temporary visitors engaged in activities of a commercial 
or professional nature for a foreign employer or for themselves that will not 
result in gainful employment in the Philippines. As used herein, the term 
“business” refers to conventions, conferences, consultations and other 
legitimate activities of a commercial or a professional nature, but does not 
include local employment or labor for hire; 
2. Pleasure (A-2 visa): Temporary visitors who stay in the Philippines for 
holiday, including sightseeing, recreation or visiting relatives; and 
3. Health (A-3 visa): Temporary visitors who stay in the Philippines to avail of 
medical treatment. 


 
 
(b) Transit Persons (B Visa): Persons passing through the Philippines solely for a 
“stop over” who have a confirmed connecting flight to another country or passengers in 
immediate and continuous transit to a destination outside the Philippines; 
(c) Crew members (C Visa): Members of the crew of vessels required for the normal 
operation and servicing of the vessels who come to the Philippines temporarily as part of 
their jobs either arriving with or coming to join the vessels; 
(d) Treaty Traders (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens and their 
family members from a country that has a trade treaty with the Philippines and coming to 
work in the Philippines for either a company they own or one that is at least fifty percent 
(50%) owned by nationals of their home country and which company is engaged in 
substantial trade between the Philippines and their home country shall be granted a D-1 visa. 
 
Citizens of a country that has an investor treaty with the Philippines, and their family 
members, and coming to work in the Philippines for a business they own or one that is at 
least fifty percent (50%) owned by nationals of their home country and which business is 
supported by a substantial investment from nationals of their home country shall be granted a 
D-2 visa; 
(e) Accredited Foreign Government Officials, Their Families and Attendants (E 
Visas): Foreign government officials, their families and attendants coming to the country for 
official purpose, pursuant to international conventions and bilateral agreements, shall be 
granted E Visas divided into three (3) types, namely: 
1. Persons entitled to E-1 Visa: The E-1 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. Presiding officers of national legislative bodies; 
f. Justices or judges of the highest national judicial bodies; 
g. Diplomats 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; 
l. 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 foreigners 
within the abovementioned categories; and 
o. Such other officials going to the Philippines on diplomatic missions. 
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 country 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 organizations, 
and official students or participants in programs under the auspices of the 
Philippine Government or recognized international institutions. 
 
The family members of the above-mentioned persons shall also be 
issued E-2 Visa. 
3. Persons entitled to E-3 Visa: The E-3 Visa shall be issued to the members of 
the household, the attendants, servants and employees of persons to whom E-1 
and E-2 visas have been granted; 
(f) Students (F Visa): Foreign students having means sufficient for their support and 
education in the Philippines who seek to enter the Philippines temporarily for the sole 
purpose of taking up a course of study higher than high school at a university/seminary, 
academy or college accredited for such foreign students by the Commission on Higher 
Education in collaboration with the Commission. Their collaboration shall include the 
monitoring of the status of activities of such foreign students in the Philippines; 
(g) Prearranged Employment (G Visa): Foreign nationals coming to the Philippines 
on prearranged employment, including their family members accompanying or following to 
join them within the period of their employment. This category includes intra-company 
transferees, professionals, performing artists, athletes, and cultural exchange workers under a 
work exchange program; 
(h) Religious Workers (H Visa): Duly ordained or professional missionaries and 
religious ministers, including members of their family, coming to the Philippines to join a 
religious congregation or denomination duly registered with the Securities and Exchange 
Commission, upon invitation, sponsorship or guarantee of such religious congregation or 
denomination, solely for the purpose of propagating, teaching and disseminating their faith or 
religion; 
(i) Representatives of International Organizations and Government Agencies (I Visa) 
: Officials, principal representatives and foreign workers of accredited international 
organizations as well as missions, including their family members, staff and servants. The 
term “accredited international organization” includes any public international organization in 
the activities of which the Philippines participates pursuant to any treaty or under the 
authority of any act of the Congress of the Philippines authorizing such participation or 
making an appropriation for such participation and such other international organizations, 
institutions, agencies, programs, foundations and entities which are recognized by the 
government of the Republic of the Philippines, including those existing and already 


 
 
recognized as such at the time of the effectivity of this Act. The term “staff” includes the 
employees of persons to whom the E-3 visa has been granted; 
(j) Media Workers (J Visa): Foreign media personnel or correspondents, duly 
accredited by the government agency concerned, who are bona fide representatives of a 
foreign press, radio, satellite, television, film, or other information media, and are coming to 
the Philippines solely to engage in gathering information principally for dissemination 
abroad, including their family members accompanying or following to join them during the 
period of the assignment in the Philippines; 
(k) Exchange Visitors (K Visa): Foreign nationals entering the Philippines to teach, 
study, observe, conduct research or receive training in a specific Exchange Visitor Program 
duly approved by the Philippine Government; 
(l) Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined in 
Section 3 (z) hereof shall be issued L-1 Visa.  Stateless persons, whose admission for 
humanitarian reasons and not inimical to public interest has been approved by the 
Commissioner or the President in such cases and under such conditions as he may prescribe, 
shall be issued L-2 Visa; and 
(m) Special Non-Immigrants (M Visas): Such other foreign nationals including their 
family members who may be admitted as non-immigrants under special laws or foreign 
nationals not otherwise provided for by this Act who are coming for temporary periods only, 
and whose admission is authorized by the Commissioner or the President in the interest of the 
public or for humanitarian considerations and under such conditions as he may prescribe. 
            SEC 33-A. Visa Policy. – The policies governing the issuance, extension, renewal and 
conversion of visas referred to in Section 33 hereof shall be jointly formulated by the 
Commission and the Department of Foreign Affairs and, when appropriate, the Commission 
and the Department of Foreign Affairs shall consult with the concerned government agencies 
or offices relative thereto. 
            Any visa policy or guidelines to be implemented abroad shall be done by the 
Department of Foreign Affairs, with due notice to the Commission and other concerned 
agencies and/or offices. 
 
           SEC. 33-B. Visa Issuance Overseas. - All non-immigrant visas issued outside of the 
Philippines shall be done by Consular Officers of the Department of Foreign Affairs duly 
assigned at Philippines posts abroad. Immigrant visas, whenever issued abroad, shall be done 
by the Consular Officers upon the approval of the Commission through the Department of 
Foreign Affairs. 
 
CHAPTER 2 
 IMMIGRANTS 
 
SEC. 34. Quota Immigrants. — Subject to conditions set forth in this Act, there may 
be admitted into the Philippines, immigrants, otherwise known as “quota immigrants”, not to 
exceed two hundred (200) of any one nationality based on immigration reciprocity for any 
one calendar year and upon allotment by the Commissioner of the corresponding quota 
number. In the allotment of quota numbers, the following order of preference shall be 


 
 
observed: 
 
(a) First Preference: Those whose service and qualifications show high educational 
attainment, technical training, specialized experience, or exceptional ability in the sciences, 
arts, professions, or business as would reasonably enhance and contribute substantial benefits 
prospectively to the national economy, or cultural or educational interests or welfare of the 
Philippines, including their family members, accompanying or following to join them, who 
shall likewise be allotted individual quota numbers; 
(b) Second Preference: Parents of a naturalized Philippine citizen; 
(c) Third Preference: Spouses or minor children of foreign nationals who are lawful 
permanent residents of the Philippines; and 
(d) Fourth Preference: Parents of foreign nationals who are lawful permanent 
residents of the Philippines. 
 
SEC 35. Allotment of Quota.  — The Commissioner shall, with respect to the first 
preference, allot not more than fifty percent (50%) of the annual quota allotment up to the 
end of June each year: Provided, however, That if the fifty percent (50%) is not utilized by 
the first preference, the balance thereof shall be given to the second, third, and fourth 
preferences in accordance with Section 34 of this Act. Any unused quota allotment for a 
calendar year cannot be carried over and utilized for the ensuing calendar year. 
 
SEC. 36. Basis in Determination of Quota Allotment. — The nationality of an 
immigrant whose admission is subject to the numerical limitation imposed by Section 34 of 
this Act shall be that of the country of which the immigrant is a national or a citizen. The 
nationality of an immigrant possessing dual nationality may be that of either of the two 
countries regarding him/her as a national or citizen if he/she applies for a visa in a third 
country. If he/she applies for a visa within one of the two countries regarding him/her as a 
national or citizen, his/her nationality shall be that of the country in which he/she files his/her 
application for a visa to enter the Philippines. 
 
SEC. 37. Non-Quota Immigrants.  — The following immigrants, known as “non-
quota immigrants”, may be admitted without regard to numerical limitation and immigration 
reciprocity: 
(a) The spouse of a Philippine citizen: Provided, however, That the abandonment and 
failure to give support by a foreign spouse to his/her Filipino spouse and family, legal 
separation, or termination of the marital status by annulment, declaration of nullity of 
marriage or divorce where the cause is attributable to the foreign spouse, shall constitute 
grounds for cancellation of the immigrant visa issued to the foreign spouse; 
(b) A person of Filipino descent regardless of generation; 
(c) A child born to a foreign mother during her temporary visit abroad, the mother 
being a lawful permanent resident of the Philippines, if accompanied by or coming to join the 
mother who applies for admission within five (5) years from the birth of the child; 
(d) A child born subsequent to the issuance of an immigrant visa to the accompanying 
parent, the visa not having expired or revoked; 


 
 
(e) A foreign national who had been previously lawfully admitted into the Philippines 
for permanent residence who is returning from a temporary visit abroad to an unrelinquished 
residence in the Philippines; and 
(f) A natural-born citizen who becomes a naturalized citizen of a foreign country and 
is returning to the Philippines for permanent residence therein, including his/her spouse and 
minor children accompanying or following to join him/her, except the one who has re-
acquired or retained his/her Philippine citizenship pursuant to Republic Act No. 9225. 
 
SEC. 38. Status of Children Born to Foreign Nationals.  — (a) A child born in the 
Philippines to parents who are foreign nationals and lawful residents of the Philippines shall 
be deemed a native-born permanent resident. (b) A child born to parents who are both non-
immigrants shall be deemed a native-born non-immigrant or temporary resident and may 
remain in the Philippines only during the period of authorized stay of the parents, unless 
he/she reaches the age of eighteen (18) years while continuously  residing  in  the  
Philippines,  in  which  case  he/she  may  apply  for naturalization under existing laws or for 
an appropriate visa. 
 
CHAPTER 3 
ADJUSTMENT OF STATUS 
 
SEC. 39. Conditions for Adjustment of Status of Foreign Nationals. — The status of a 
foreign national admitted into the Philippines as non-immigrant may be adjusted by the 
Board to that of a foreigner lawfully admitted as a permanent resident if: (a) the foreigner 
makes an application for such adjustment; (b) the foreigner is eligible to receive a quota or 
non-quota immigrant visa and is admissible to the Philippines as a  permanent resident: and 
(c) a quota immigrant visa, if such is the case, is immediately available to him/her at the time 
of his/her application, without the need of first departing from the Philippines. In all such 
cases, the personal appearance of the foreigner shall be required during the consideration of 
his/her application. 
 
SEC. 40. Effect of Approval of Application for Adjustment. — Upon the approval of 
an application for adjustment of status under the preceding section, the Commissioner shall 
record the foreign national’s lawful admission as a permanent resident as of the date of the 
approval of the application and shall be included as part of the quota for the calendar year in 
accordance with Section 34 of this Act. 
 
SEC. 41. Adjustment of Status, When Not Allowed. — Adjustment of status under 
Section 39 of this Act shall not be applicable to (a) a foreign crewmember, (b) a foreign 
national who has violated or is in violation of immigration laws, rules and regulations unless 
the same is through no fault of his/her own or for purely technical reasons, (c) a foreign 
national admitted as a temporary visitor without visa, and (d) transients. 
 
CHAPTER 4 
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS 


 
 
 
SEC.  42. Documentary Requirements of Non-immigrants. – Non-immigrants must 
present for admission into the Philippines valid passports issued by the governments of the 
countries to which they owe allegiance to or other travel documents showing their nationality 
and identity as prescribed by regulations and a valid visa granted by the Philippine Consular 
Officer, if required under existing laws, rules, regulations, or multi-lateral or bilateral 
agreements. 
 
SEC. 43. Conditions and Period of Authorized Stay of Temporary Visitors. — The 
initial period of authorized stay of a foreign national admitted as a temporary visitor under 
Section 33 of this Act shall not exceed two (2) months from the date of arrival. Extensions of 
authorized stay may be granted under terms and conditions as may be prescribed by the 
Commissioner: Provided, That the total period of authorized stay shall not exceed twenty-
four (24) months:  Provided further, That during the foreign national’s authorized stay: (a) 
he/she shall not take any employment, whether paid or unpaid; (b) he/she shall not establish 
or join in any business; or (c) he/she shall not enroll and become a student at a school, 
college, university, academy, or other educational institution, unless he/she is granted, upon 
proper application, a conversion to another immigration status provided under this Act. 
 
SEC. 44. Conditions for Issuance of Pre-arranged Visas. — A foreigner who is 
coming to the Philippines for prearranged employment shall not be issued a non-immigrant 
visa referred to in Section 33 (g) until the Consular Officer shall have received authorization 
for the issuance of the same. Such authorization shall be given only upon the filing of a 
petition with the Board establishing, among others, that no person can be found in the 
Philippines willing and competent to perform the work or service for which the foreigner is 
desired and that his/her admission would be beneficial to the public interest. The petition 
shall be under oath by the prospective employer or his/her representative in the form and 
manner prescribed by the Board.   
 
If the Board finds that the petition complies with the requirements of the preceding 
paragraph and of other regulations, it shall grant the petition and shall promptly transmit the 
authorization to the Department of Foreign Affairs and/or the Consular Office concerned.  
 
SEC. 45. Submission of Crew List and Passenger Manifest to the Commission. – 
Simultaneous to the vessel’s departure from the port of origin, the master, captain, agent, 
owner or consignee of any commercial vessel arriving to the Philippines shall submit to the 
Commission, within a reasonable time prior to such arrival, the crew lists, passenger 
manifests and such other information concerning the persons arriving on such a vessel.  In the 
same manner and condition, the master, captain, agent, owner or consignee of any 
commercial vessel departing from any port in the Philippines shall submit to the 
Commission, within a reasonable time prior to such departure, the crew list, passenger 
manifest and such other information concerning the persons departing on such vessel.  The 
crew list of an incoming sea craft shall be duly visaed by the appropriate Consular Officer. 
 


 
 
SEC. 46. Inspection of Crewmembers. – It shall be the duty of the master, captain, 
agent, owner or consignee of any vessel arriving in the Philippines to have available on 
board, for inspection by the Immigration Officer, any foreign crewmember employed on such 
vessel and to detain such crewmember on board after inspection and to remove such 
crewmember when required by the immigration authorities.  No crewmember on board such 
vessel shall be discharged while the vessel is in port without the permission of the 
Commissioner. 
 
SEC. 47. Permission for Temporary Landing of a Foreign Crewmember. — A foreign 
crewmember on a vessel arriving in the Philippines may be permitted to land temporarily 
under such conditions as may be prescribed by the Commissioner. All expenses incurred by 
the Commission while the crewmember is on land shall be borne by the master, captain, 
agent, owner or consignee of the carrying vessel. 
 
 
CHAPTER 5  
REFUGEE STATUS 
 
SEC. 48.  Grant of Refugee Status. – Persons seeking refugee status may apply for 
recognition as a refugee upon seeking admission at any port of entry or within a reasonable 
time thereafter.  Refugee status shall be granted after a determination by the Board that an 
applicant meets the qualifications of a refugee as defined in Section 3(z) hereof.  Refugee 
status shall not be granted to an applicant if he/she: 
(a)  has committed a crime against peace, a war crime, crime against humanity or any 
other crime under international law; 
(b)  has committed a serious non-political crime outside the Philippines prior to his 
admission as a refugee; or 
(c)  has been guilty of an act contrary to the purposes and principles of the United 
Nations. 
 
SEC. 49. Cessation of Refugee Status. – Refugee status granted under the previous 
section shall cease if a refugee: 
(a) Voluntarily repatriates himself/herself or has re-established himself/herself in 
another State;  
(b) Acquired a new nationality and enjoys the protection of such a State;  or 
(c) Can no longer continue to refuse to avail the protection of the country of his/her 
nationality or, not having a nationality, is able to return to the country of former habitual 
residence in view of the cessation of the reasons that resulted to his/her being a refugee:  
Provided, That this ground shall not apply if a refugee is able to invoke compelling reasons 
arising out of the previous persecution.  
 
SEC. 50.  Effect of Grant of Refugee Status to Refugee Dependents. – A spouse, minor 
child, and other dependents of a foreigner who is granted a refugee status may, if not 


 
 
otherwise eligible under Section 48, be granted the same status as the refugee to assure 
family unity or when it is in the public interest. 
 
SEC. 51. Confidentiality of Information. – In proceedings for the recognition of 
refugee status, the confidentiality of information shall be respected and no information 
relating to the refugee shall be shared with the country of origin or country of former habitual 
residence, directly or indirectly. 
 
SEC. 52. Burden of Proof. – In proceedings for the recognition of refugee status, the 
burden of proof lies with the applicant, subject to the principle of non-refoulement. 
 
SEC. 53. Stay of Exclusion or Deportation. – Notwithstanding the provisions of 
Sections 78 and 86, the exclusion from entry and deportation of a foreigner shall be stayed 
during the pendency of an application for refugee status.  Where grounds under Section 78 
are present, the refugee shall be allowed entry and the application shall be immediately 
referred by the Immigration Officer to the Board. 
 
SEC. 54. Detention of Refugee. – Detention of applicants for refugee status shall only 
be resorted to in cases arising out of illegal entry or unauthorized stay after consideration of 
other alternatives, as may be determined by the Commissioner. 
 
 
CHAPTER 6 
DOCUMENTATION AND ADMISSION OF IMMIGRANTS 
 
SEC. 55. Documentary Requirements of Immigrants; Instances When Not Required. 
— Immigrants must present for admission into the Philippines valid passports or travel 
documents issued by the government of the country to which they owe allegiance, showing 
their nationality and identity and valid visas issued by the Consular Officer indicating the 
date of issue and the period of validity thereof. Immigrant visas shall not be required of the 
following:  
(a) A child born subsequent to the issuance of a valid immigrant visa to the 
accompanying parent;  
(b) A child born during the temporary visit abroad of the mother who is a lawful 
permanent resident of the Philippines and a holder of a valid reentry permit, if the child is 
accompanied by either parent within five (5) years from the date of the child’s birth; and  
(c) A foreigner who is returning to an unrelinquished lawful permanent residence in 
the Philippines after a temporary residence abroad and presents for admission a valid reentry 
permit. 
 
CHAPTER 7  
 Visa Issuance 
 


 
 
SEC. 56. Nature of Visa. — Nothing in this Act shall be construed to automatically 
entitle any foreign national to whom a visa or other travel document has been issued to enter 
the Philippines if, upon arrival at a port of entry, he/she is found to be inadmissible under this 
Act or any other law. 
 
SEC. 57. Requirement of Issuance of Visa. – Under the conditions and subject to the 
limitations prescribed in this Act or regulations issued hereunder, the Commissioner may 
approve the issuance of an immigrant visa upon the recommendation of a Consular Officer in 
the following manner: 
(a) 
An immigrant visa may only be issued to a foreign national who has made a 
proper application therefor, which shall specify the foreign country, if any, to which the quota 
the number is assigned, the immigrant’s particular status in such country, the preference to 
which the foreigner is classified, the date on which the validity of the visa shall expire, and 
such additional information as may be required. 
(b) 
The Department of Foreign Affairs, through its Consular Office abroad and 
through the Office of the Visa Director, shall approve the issuance of a non-immigrant visa to 
a foreign national who has made a proper application therefor in accordance with Section 33 
of this Act. 
All diplomatic visas under Section 33 (e) of this Act shall be exclusively issued by the 
Department of Foreign Affairs in accordance with the Vienna Convention on Diplomatic 
Relations. 
              All other non-immigrant visas under Section 33 shall be issued by the Consular 
Officer, when the application is made abroad, or may be issued by the Office of the Visa 
Director of the Department of Foreign Affairs, when the application is made in the 
Philippines for conversion or renewal.  
The issuance of special non-immigrant visas falling under the jurisdiction of a 
particular government office or agency can only be done in coordination with and upon 
recommendation of the government agency or office concerned. 
 
SEC. 58. 
Requirements for Physical and/or Mental Examination Prior to 
Issuance of Immigrant Visa. – Prior to the issuance of an immigrant visa to any foreign 
national, the Consular Officer shall require such person to submit to a physical and mental 
examination in accordance with such regulations as may be prescribed by the Commissioner.  
In addition, said foreign national shall be required to personally plant fifty (50) trees, except 
when he/she is physically incapable of doing so, in which case, he/she may cause another 
person to plant the trees. 
 
SEC. 59. Validity of Visa. — A non-immigrant or immigrant visa issued by a Consular 
Officer abroad pursuant to Section 57 of this Act shall be valid for a period not exceeding six 
(6) months. In prescribing the period of validity of a non-immigrant visa, the Consular 
Officer shall, insofar as practicable, accord to such nationals the same treatment on a 
reciprocal basis as such foreign country accords to citizens of the Philippines who are within 


 
 
a similar class. An immigrant visa may be replaced under the original number during the 
calendar year in which the original visa was issued for a foreigner who establishes to the 
satisfaction of the Consular Officer that he/she was unable to use the original immigrant visa 
during the period of its validity for reasons beyond his/her control: Provided, That the foreign 
national is found by the Consular Officer to be eligible for another immigrant visa and has 
paid all the fees. 
 
SEC. 60. Denial of Visa, Grounds Thereof. — The Consular Officer may deny the 
application for visa (a) if it appears from the statements in the application or in the documents 
submitted the applicant is not entitled to a visa under this Act; or (b) if he/she fails to comply 
with the requirements of the provisions of this Act. 
 
SEC. 61. Revocation of Visa Issued by Consular Officer. — The Commissioner may, 
for valid cause and upon confirmation of the Secretary of Foreign Affairs, revoke the visa 
issued by any Philippine Consular Office. If the notice of revocation is not received and the 
visa holder applies for admission into the Philippines, his/her admission or entry shall be 
determined by the Immigration Officer upon his/her arrival at the port of entry. 
 
CHAPTER 8 
RE-ENTRY AND EMIGRATION CLEARANCE 
 
SEC. 62. Re-entry. — Every time a registered foreign national, except a temporary 
visitor, departs or is about to depart temporarily from the Philippines with the intention to 
return, he/she must pay a re-entry fee, emigration clearance fee and head fee: Provided, That 
said foreign national returns to the Philippines within a period of one (1) year from his/her 
departure in order to maintain his/her visa category. Otherwise, he/she shall apply for an 
extension of the period within which to return prior to its expiration and pay the prescribed 
fees and charges therefor: Provided, further, That if his/her authorized stay is less than one 
(1) year, he/she shall pay a special return fee, emigration clearance fee and head fee for every 
departure: Provided, finally, That in both cases, if the registered foreign national departs 
permanently from the Philippines, he/she shall surrender all his/her Philippine immigration 
documents to the Commission and apply for and be issued an Emigration Clearance 
Certificate upon payment of the prescribed fees and charges therefor, subject to the following 
conditions: 
(a) He/she has no pending obligation with the government or any of its agencies or 
instrumentalities;  
(b) He/she has no pending criminal, civil, or administrative proceeding which 
requires his continued presence in the country; and 
(c) There is no ongoing legislative inquiry where he/she is called upon to testify as a 
witness. 
           
 
 SEC. 63. Emigration Clearance. — Any temporary visitor departing from the 
Philippines shall, after the expiration of his/her initial authorized stay, apply for emigration 
clearance with the Commission and pay the prescribed fees and charges therefor. 


 
 
 
CHAPTER 9 
PRESIDENTIAL PREROGATIVES 
 
SEC. 64. Presidential Prerogatives. — Any provision of this Act to the contrary 
notwithstanding, the President may: 
(a) Deny the entry and admission into the Philippines of any foreign national or a 
class of foreign nationals whenever the President finds that the entry would be detrimental to 
the interest of the Philippines or impose such restrictions as he/she may deem appropriate; 
(b) Waive passport and/or documentary requirements for non-immigrants and 
immigrants under such terms and conditions as he/she may prescribe; 
(c) Change the status of non-immigrants by allowing them to acquire permanent 
residence status without necessity of a visa; 
(d) Deport any foreign national, subject to the requirement of due process; 
(e) Admit non-immigrants not otherwise provided for in this Act for humanitarian 
considerations and when not detrimental to public interest, under such terms and conditions 
as he/she may prescribe; 
(f) Prohibit the departure from the Philippines of any person who is likely to disclose 
national security information, or who is likely to organize a rebellion abroad against the 
Philippines, or whose presence in the country is necessary to face, or be a witness in, criminal 
proceedings; and 
(g) Exercise, with respect to foreign nationals in the Philippines, such powers as are 
recognized by the generally accepted principles of international law. 
 
TITLE IV 
PROVISIONS RELATING TO ENTRY 
 
CHAPTER 1  
CLASSIFICATION OF PORTS OF ENTRY 
 
SEC. 65. Authority to Classify Ports. – The Commissioner shall classify and designate, 
from among the ports of entry established by law for immigration purposes, limited or 
unlimited ports of entry through which foreigners may be admitted into the Philippines. Only 
such classes of foreigners as provided under the rules and regulations prescribed by the 
Commissioner may be admitted at limited ports of entry. The Commissioner may, after due 
notice to the public, close designated ports of entry in the interest of national security or 
public safety. 
 
CHAPTER 2 
 PROCEDURES ON ARRIVAL 
 
SEC. 66. Inspection by Immigration Officer. — A foreigner seeking admission or 
readmission shall present his/her valid passport and visa, if required, to the immigration 
officer at the port of entry and shall be subject to primary inspection. The decision of the 


 
 
examining Immigration Officer, if favorable to the admission of any foreigner, may be 
challenged by another Immigration Officer. The final determination of admissibility of such 
foreigner shall be determined by the Commissioner in case no resolution is reached between 
the Immigration Officers on the challenged admission. In case of admission, the Immigration 
Officer shall indicate in the passport the date, the port of entry and the identity of the vessel 
boarded. 
 
SEC. 67. Detention or Quarantine for Examination. — For the purpose of determining 
whether a foreigner arriving at any port in the Philippines belongs to any of the classes 
excludable under this Act by reason of being afflicted with any of the contagious or 
communicable disease or mental disorder set forth under Section 78(a) of this Act or 
whenever the Commissioner has received information showing that foreigners are coming 
from a country or a place where any of such diseases are prevalent or widespread, the 
foreigner shall be detained or quarantined for a reasonable period of time to enable the 
immigration and medical officers to subject such person to observation and examination. 
 
SEC. 68. Medical Examination Requirement. – Any arriving foreign national whom the 
examining Immigration Officer believes to belong under the class of excludable foreign 
nationals specified in Section 78(a) herein shall be referred to designated medical officers for 
physical and mental examination.  Such medical officer shall certify his/her findings for the 
information of the Immigration Officer. 
 
SEC.  69. Arrival Notice Requirements of Vessel. – The immigration authorities shall 
be given prior notice of the arrival of any civilian vessel before such vessel comes into any 
area in the Philippines from any place outside thereof.  Such prior notice shall not be required 
in the case of vessels with scheduled arrivals filed with the Immigration Officer in charge at 
the international port of entry.   
 
If, upon arrival in any area other than the designated port and there is no available 
Immigration Officer therein, the master, pilot, captain, agent or consignee shall not allow the 
passengers and crew members to disembark or leave the primary inspection area until the 
immigration officer shall have conducted the primary inspection formalities. 
 
SEC. 70. Contents of Notice of Arrival. — The advance notice of arrival required in 
the preceding section shall specify the following:  
(a) Type of vessel and registration marks; 
(b) Visaed crewlist;  
(c) Passenger manifest;  
(d) Port of last departure;  
(e) International port of intended destination, or other place authorized by the 
Commissioner;  
(f) Estimated time of arrival; and 
(g) Authorized agent or representative at the place of arrival. 


 
 
 
CHAPTER 3  
FOREIGN CREWMEMBER 
 
SEC.  71. Conditional Permit to Disembark. — A foreign crewmember of a vessel 
under Section 33(c) of this Act may be granted a conditional permit, in a form prescribed by 
regulations, to disembark temporarily from the vessel on which he/she arrived while such 
vessel remains in port under such terms and conditions as may be prescribed by the 
Commissioner. 
 
SEC.  72. Confiscation and Cancellation of Permit; Deportation from the Philippines. 
— Upon the determination that the foreigner is not a bona fide crewmember or does not 
intend to depart on the vessel that brought him, the Commissioner shall cancel and confiscate 
the conditional permit already issued, take such foreigner into custody, and require the 
owner, operator, captain, master, pilot, agent or consignee of the vessel on which the 
foreigner arrived to receive and detain him/her on board. The expenses for his/her removal, 
including the cost of detention and other expenses incidental thereto, shall be borne by the 
owner, operator, captain, master, pilot, agent or consignee of such vessel. 
 
SEC. 73. Liability for Overstaying Foreign Crewmen. — A foreign crewmember who 
remains in the Philippines in excess of the period allowed in the conditional permit issued to 
him shall be solidarily liable with the owner, operator, captain, master, pilot, agent or 
consignee of the vessel to pay the penalties prescribed in Section 126 of this Act.   
 
SEC. 74. Liability for Unauthorized Discharge of Foreign Crewmember. — It shall be 
unlawful for any person, including the owner, operator, captain, master, pilot, agent or 
consignee of any vessel to discharge any foreign crewmember employed a vessel arriving in 
the Philippines and whilst in port, without first obtaining the prior permission of the 
Commissioner. Otherwise, such person or owner, operator, captain, master, pilot, agent or 
consignee of the vessel shall pay the Commission such fines as may be prescribed under this 
Act. No such vessel shall be granted clearance from any port in the Philippines while such 
fines remain unpaid or while the validity thereof is being determined: Provided, That a 
clearance may be granted prior to such determination upon deposit of a sum or cash bond 
sufficient to cover such fines as approved by the Commissioner. 
 
SEC.  75. Duty to Report Desertion or Illegal Landing of Foreign Crewmember. —The 
owner, operator, captain, master, pilot, agent or consignee of any vessel shall immediately 
report, in writing, to the immigration officer all cases of desertion or illegal disembarkation in 
the Philippines from the vessel, together with a description of such foreigners and any 
information that shall result in their apprehension. 
 
SEC. 76. Requirement for Submission of List of Newly Employed, Discharged and 
Illegally Landed Foreign Crewmember. — Prior to the departure of any vessel from the last 
port in the Philippines destined to any place outside thereof, the owner, operator, captain, 


 
 
master, pilot, agent or consignee thereof shall deliver to the Immigration Officer at that port a 
list containing: (a) the names of crewmembers who were not employed thereon at the time of 
the vessel’s arrival on such port but will depart thereat on the same vessel; (b) the names of 
those, if any, who have been discharged; (c) the names of those who have deserted or 
illegally landed at that port, if any; and (d) such other  additional information as the 
Commissioner deems necessary. 
 
SEC. 77. Liability for Failure to Submit Complete, True and Correct Report. — In 
case the owner, operator, captain, master, pilot, agent, or consignee, fails to submit a true and 
complete list or report of foreigners, or to report cases of desertion or illegal landing, he/she 
shall pay to the Commission such sum as may be prescribed under this Act.   No such vessel 
shall be granted clearance from any port in the Philippines while such fines remain unpaid or 
while the validity thereof is being determined: Provided, that clearance may be granted prior 
to such determination upon deposit of a sum or cash bond sufficient to cover such fines as 
approved by the Commissioner. 
 
CHAPTER 4  
 EXCLUSIONS 
 
SEC. 78. Exclusion Grounds. - The following classes of foreign nationals shall not be 
allowed entry and shall be excluded from the Philippines: 
(a) 
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; 
(b) 
Economic Grounds 
1. Those likely to become a public charge; 
2. Those seeking 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; 
(c) 
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 convicted, 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 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 
coming to a parent, except that they may be admitted in the discretion of the 
Commissioner, if otherwise admissible; and 
10. Those who have been identified by  competent authorities, local and foreign, as  
having engaged or are engaging in importation of contrabands and other  
prohibited articles into  the  country. 
            
 
SEC. 78-A. Minor Persons/ Minority. – Persons under fifteen (15) years of age, and 
not accompanied by or not coming to a parent, may be admitted: Provided, That the  written 
consent of either parent allowing them to travel is presented. The written consent must cite 
the purpose of the travel and must be affirmed by the Philippine Consular post in the minor’s 
country of origin. 
 
SEC. 79. Temporary Detention of Excludable Foreigners. — For the purpose of 
ascertaining whether a foreigner arriving in the Philippines belongs to any of the excludable 
classes of foreigners provided for in this Act or related laws, the Immigration Officer, for a 


 
 
period not exceeding seventy-two (72) hours, may temporarily detain for investigation such 
foreigner either on board the vessel or at a place designated for the purpose at the expense of 
the master, captain, agent, owner or consignee of the carrying vessel. 
 
SEC. 80. Finality of Exclusion Order. — An order by the Immigration Officer to 
exclude a foreign national who is excludable under Section 78 hereof is final and executory 
unless revoked by the Commissioner upon a timely appeal prior to the implementation of the 
exclusion order. 
 
SEC. 81. Authority to Waive Grounds for Exclusion. — Except for grounds of 
exclusion under Section 78(d), subparagraphs 1 to 8 and subparagraph 9, the Commissioner 
may waive any of the grounds for exclusion mentioned therein. 
 
SEC. 82. Procedure of Removal and Cost Thereof. – Any foreign national arriving in 
the Philippines who is ordered excluded shall be immediately removed in the same 
accommodation to the country where he/she boarded the vessel on which he/she arrived, 
unless the Commissioner determines that immediate removal is not proper and practicable.  
The cost of detention and other expenses incidental thereto shall be borne by the owner, 
operator, master, pilot, captain, agent or consignee of the vessel on which he/she arrived. 
 
SEC.  83. Country Where Removal is to be Directed. — If the government of the 
country designated in the preceding section will not accept the foreign national into its 
territory, his/her removal shall be directed by the Commissioner in his/her discretion and 
without necessarily giving preference, either to: 
(a) The country which he/she is a citizen or national; 
(b) The country of birth; 
(c) The country of his/her habitual residence; or 
(d) The country willing to accept the foreign national into its territory, if removal to 
any of the foregoing countries is impractical or impossible. 
 
SEC. 84. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or Consignee. 
— It shall be unlawful for an owner, operator, master, captain, pilot, agent, or consignee of a 
vessel to refuse or fail to: 
(a) Board a foreigner ordered excluded and removed under Section 78 hereof  in the 
same vessel or another vessel owned or operated by the same company; 
(b) Detain a foreign national on board any such vessel at the port of arrival when 
required by this Act or when so ordered by an Immigration Officer; 
(c)  Deliver a foreign national for medical or other examinations when so ordered by 
such officer; 
(d) Remove a foreign national from the Philippines to the country to which his/her 
removal has been directed; or 
(e) Pay the cost of detention and other expenses incidental thereto of a foreign 
national incurred while being detained as required by Section 82 of this Act or other costs 
necessary or incidental to his removal as provided in this Act. 


 
 
 
SEC. 85. Penalty for Non-compliance of Obligation. — The owner, operator, master, 
captain, pilot, agent, or consignee of a vessel who violated Section 84 hereof shall pay the 
fines prescribed under this Act.   No such vessel shall be granted clearance from any port in 
the Philippines while such fines remain unpaid or while the validity thereof is being 
determined: Provided, That clearance may be granted prior to such determination upon 
deposit of a sum or cash bond sufficient to cover such fines as approved by the 
Commissioner. 
 
     TITLE V 
DEPORTATION 
 
CHAPTER 1 
DEPORTABLE FOREIGN NATIONALS 
 
SEC.  86.  Classes of Deportable Foreigners. – The following foreigners shall be 
arrested upon the order of the Commissioner and deported upon recommendation by the 
Board of Special Inquiry and approval by the Board:  
(a) Those who entered the Philippines by means of false and misleading statements or 
documents, misrepresentations or without inspection and admission by the immigration 
authorities;  
(b) Those who entered the Philippines who were not lawfully admissible at the time of 
entry;  
(c) Those who engage, abet or aid in the practice of prostitution including the owner, 
manager or inmates of a house of prostitution or are procurers, pedophiles or sexual perverts; 
(d) Those who, at any time after the date of entry, have become a public charge;  
(e) Those who remain in the Philippines in violation of any period of limitation or 
condition under which they were admitted;  
(f) Those who believe in, advise, advocate or teach the overthrowing by force and 
violence of the Government of the Republic of the Philippines, or duly constituted authority, 
or those who do not believe in or are opposed to organized governments, or those who 
advise, advocate or teach the assault or assassination of public officials by reason of their 
office, or those who advise, advocate or teach the unlawful destruction of property, or those 
who are members of or affiliated with any organization entertaining, advocating or teaching 
such doctrines, or those who in any manner whatsoever extend assistance, financial or 
otherwise, in the dissemination of such doctrines;  
(g) Those who, at any time after entry, engage in, abet, aid or finance any terrorist 
activity; 
(h) Those who commit any violation of the provisions of this Act, independent of any 
criminal action which may be brought against them: Provided, however, That in the case of a 
foreigner who, for any reason, is convicted and sentenced to suffer both imprisonment and 
deportation, said foreigner shall first serve the entire period of his/her sentence before being 
deported: Provided, further, That the penalty of imprisonment may be waived by the 
President upon payment by the foreigner concerned of such costs, fines and/or damages, if 


 
 
any, awarded to the government or any aggrieved party,; 
(i) Those who, at any time after entry, are engaged in acts or omissions punishable 
under Philippine penal laws cognizable by the Regional Trial Courts and the Sandiganbayan; 
(j) Those who, at any time after entry, are convicted by final judgment of a crime 
punishable under Philippine penal laws cognizable by the first level courts; 
(k) Those who are guilty of any offense penalized under the naturalization laws of the 
Philippines or any law relating to the acquisition of Philippine citizenship;  
(l) Those who defraud their creditors by absconding or alienating properties to prevent 
their attachment or execution;  
(m) Those who were admitted as non-immigrants and who obtained an adjustment of 
their admission status for convenience, or through fraud, falsification of documents, 
misrepresentations or concealment of material facts;  
(n) Those who violated Philippine labor and taxation laws, rules and regulations;  
(o) Those who, upon prior investigation and hearing, are found to be undesirable and 
whose further stay in the Philippines is inimical to public welfare and interest, or the dignity 
of the Filipinos, or the Republic of the Philippines as a sovereign nation; 
(p) Those who forge, counterfeit, alter or falsely make any document; or use, attempt to 
use, possess, obtain, accept or receive or provide any forged, counterfeit, altered or falsely 
made document; or use, attempt to use,  provide, attempt to provide, accept or receive a 
genuine document, even of another person, without authority to do so for the purpose of 
satisfying or complying with the requirements for his/her stay in the Philippines; and  
(q) Those whose presence or activities in the country may result in adverse 
consequences to Philippine foreign policies as determined by the Secretary of Foreign 
Affairs. 
 
SEC. 87. Non-Prescription of Deportation Cases. – The right of the State to initiate at 
any time deportation proceedings shall not prescribe: Provided, That no deportation 
proceedings and orders shall be had against foreigners facing preliminary investigation, 
prosecution and trial before competent authorities. 
 
CHAPTER 2  
 DETENTION AND DEPORTATION OF FOREIGN NATIONALS 
 
SEC. 88.  Issuance of Summons. – If the Commissioner determines that there exists a 
reasonable ground to deport a foreigner pursuant to Section 86 of this Act, he/she may issue 
summons requiring the foreigner to appear in person before the designated investigating 
officer at the time, date and place stated therein.  
 
SEC. 89. Authority to Issue Letter Order. — The Commissioner may issue a letter 
order for the detention of a foreigner if he/she determines that a probable cause exists for the 
filing of deportation charges against a foreigner for violation of immigration and other related 
laws, rules and regulations or there is a strong probability that a deportable foreigner may flee 
from his/her place of abode, go into hiding or surreptitiously leave the country. 
 


 
 
SEC. 90.  Formal Charge of Deportation. – A formal charge for deportation shall be 
issued upon determination of the existence of a prima facie case against the foreigner. 
Pending final determination of his/her deportation case, the foreigner shall, upon the 
discretion of the Commissioner: (a) remain under detention; or (b) be released on bail or 
recognizance.  The bail may be revoked and confiscated in favor of the government if there is 
sufficient evidence that the foreigner is evading the proceedings or is attempting to abscond, 
in which case he/she shall be taken into custody and placed under detention by order of the 
Commissioner.  
 
SEC. 91. Detention of a Foreigner Convicted of a Felony or an Offense. – After service 
of his/her sentence or compliance with the conditions of his/her parole or probation, as the 
case may be, the foreigner shall be taken into custody and placed under detention by order of 
the Commissioner. Pending final determination of the deportation case, the foreigner may be 
ordered released under such terms and conditions prescribed by the Commissioner. 
 
SEC. 92.   Voluntary Deportation, When Authorized. – In case the foreigner does not 
contest the formal charge against him/her and opts to voluntarily leave the country at his/her 
own expense, the Commissioner may waive the deportation proceedings and order the 
departure within the period specified in the voluntary deportation order, except in cases of 
violations of laws such as Republic Act No. 8042 otherwise known as the “Migrant Workers 
and Overseas Filipinos Act of 1995”: Provided, That he/she has not committed any criminal 
offense or has no pending case in court: Provided, further, That the said foreigner so deported 
shall be barred from re-entering the country without prior written authorization from the 
Commissioner. 
 
SEC. 93.  Contents of an Order or Warrant of Deportation. – The order or warrant of 
deportation shall be in the form prescribed by the Commissioner and shall state the grounds 
therefor, the specific place where the foreigner is to be deported and the period within which 
to execute such order.  
 
SEC. 94.   Period to Enforce Order of Deportation. – The order of deportation shall be 
enforced immediately but in no case shall exceed three (3) months from the date it has 
become final and executory.   If deportation is not enforced within the prescribed period for 
reasons beyond the control of the Commissioner, the foreigner shall remain in custody.  
 
SEC.  95.   Suspension of Deportation Order. – Upon application and payment of the 
prescribed fees by the concerned foreigner, the Commissioner may suspend the 
implementation of the deportation order and order his/her release for good cause, taking into 
account the following factors: 
(a) Age, health, family or conduct;  
(b) Period of detention; 
(c) Impact on national security and public welfare;  
(d) Unavailability of travel documents;  
(e) Existence of an application for refugee status; or 


 
 
(f) Other humanitarian considerations. 
 
SEC. 96.   Reinstatement of a Deportation Order. – A deportation order previously 
implemented against a foreigner who unlawfully re-entered the Philippines shall be deemed 
automatically reinstated and shall be implemented in accordance with this Act.  This 
provision shall also apply to a foreigner who departed voluntarily under Section 92 hereof.  
 
SEC. 97.   Country of Destination of a Deportee. – Except as provided for under 
existing treaty or international agreement, a foreigner shall be deported to the country of 
which he/she is a citizen or national, or to the country of his/her birth, or to the country of 
which he/she is a resident, or to the country from which he/she embarked for the Philippines, 
subject to the acceptance by the receiving country.  
 
SEC. 98. Existence of Danger in the Country Where a Foreigner is to be Deported. – 
No foreigner shall be deported to a country where there exists a danger to his/her life or 
freedom on account of race, religion, nationality, political opinion or membership in a 
particular political or social group, except in the following circumstances: 
(a) 
The foreigner participated, induced or cooperated in the persecution of any 
person on account of race, religion, nationality, political opinion or membership in a 
particular political or social group in the country where he/she is to be deported; 
(b) The  foreigner is a fugitive from justice in the country where he/she is to be 
deported; 
(c) The foreigner committed a serious non-political crime in the country where he/she 
is to be deported; or 
(d) The foreigner is undesirable in and/or a danger to the national security of the 
Philippines. 
 
        SEC. 99. Cost of Deportation. – The cost of deportation shall be borne by the owner, 
operator, captain, master, pilot, agent or consignee of a vessel in case its foreign crew 
member is to  be deported for violation of Section 100 of this Act. In all other cases, the cost 
of deportation shall be borne by the deportee himself/herself, the concerned consular office, 
nongovernment organizations or people’s organizations with which the Commission has an 
agreement on this matter, or from the appropriations for the enforcement of this Act.  
 
SEC. 100.  Liability of Owner, Operator, Captain, Master, Pilot, Agent or Consignee of 
a Vessel. – Failure or refusal on the part of the owner, operator, captain, master, pilot, agent 
or consignee of a vessel to take on board, guard safely and transport the deportee to his/her 
country of destination, or to shoulder the cost of deportation of the foreign crew member as 
provided in Section 99 hereof, shall be punished by an administrative penalty prescribed 
under this Act. 
 
SEC. 101. 
Expenses of Accompanying Person. – The Commissioner may, by 
reason of the mental or physical condition of the deportee, direct an employee of the 
Commission to accompany such deportee to the country of his/her destination, subject to the 


 
 
provisions of the immediately preceding sections.  
 
CHAPTER 3  
INDIGENT FOREIGNERS 
 
SEC. 102. 
 Deportation of Indigent Foreigners. – At any time after entry, the 
Commissioner may deport indigent foreigners from the Philippines to the country of which 
they are citizens or nationals, or country of birth, or country of residence, as the case may be. 
The cost of deportation may be charged against the available funds of the Commission. Any 
foreigner deported under this section shall be barred re-admission except upon written 
authorization of the Commissioner.  
This provision shall not apply to a foreigner declared as an indigent by any Philippine 
court for purposes of filing a case or to pursue a cause of action  which resulted in his/her 
indigency until such action is resolved with finality: Provided, That no other grounds for 
deportation exist during the pendency of the same. 
 
TITLE VI  
MISCELLANEOUS PROVISIONS 
 
CHAPTER 1 
REGISTRATION OF FOREIGN NATIONALS 
 
          SEC. 103. Requirement of Registration. — A temporary foreign visitor must register 
with the Commission or any Immigration Office nearest his/her place of residence on or 
before the sixtieth (60th) day of his/her arrival in the Philippines. 
 
      SEC. 104. Registration Form and Oath. — Applications for registration shall be under 
oath and in such form as prescribed by the Commission. Upon registration, a certificate of 
registration shall be issued by the Commission to the registrant. In case of loss or destruction 
of the certificate, a replacement thereof may be issued by the Commission upon proper 
application and payment of prescribed fees. 
 
SEC.  105. Amendment of Registration. — A registered foreign national shall notify 
the Commission in writing of any change of information in his/her registration documents not 
later than seven (7) days thereof. 
 
SEC.  106. Presentation of Certificate of Registration. —   Every foreigner required to 
register under this Act or the parent or guardian of such foreigner shall, upon demand of any 
authorized immigration official, present his/her certificate of registration, and failure to do so 
without justifiable cause shall be dealt with in accordance with the provisions of this Act.  
 
SEC. 107. Reportorial Requirements. — Every foreigner registered under this Act 
shall, within the first sixty (60) days of every calendar year, report in person to the 
Commission subject to the payment of prescribed fees. The parent or legal guardian of 


 
 
foreigners below fourteen (14) years of age shall have the duty to comply with the 
requirements prescribed under this Act. 
 
          SEC. 108. Failure to Comply with Requirements. — A foreigner, or his/her parent or 
guardian, as the case may be, who, without justifiable reason, fails to comply with all the 
requirements under this Act, or who files an application for registration containing statements 
known by him/her to be false, or who utilizes registration documents other than his/her own, 
shall be dealt with in accordance with the provisions of this Act and other existing laws. 
 
        SEC. 109. Cancellation of Registration of Foreign National. — In case of death of a 
foreigner registered under the provisions of this Act, his/her legal heir, representative or 
administrator must inform the Commission within sixty (60) days from death and the 
Commission shall cancel such registration. The Local Civil Registrar or other civil registry 
officer of the locality where said foreigner died shall furnish the Commission with a copy of 
the Certificate of Death within thirty (30) days from issuance thereof. Failure on the part of 
the persons concerned to comply with the requirements of this section shall be dealt with 
pursuant to the provisions of this Act. 
 
CHAPTER 2 
BONDS AND DEPOSITS 
 
SEC. 110.  Bonds, When Required. — The Commission shall have the authority to 
require cash bonds in such amounts and under such conditions as it may prescribe:  
(a) To control and regulate the admission into, and departure from, the Philippines of 
foreigners applying for temporary admission;  
(b) To insure against foreign passengers liable to be excluded as likely to become 
public charges; and  
(c) To insure the appearance of foreigners released from custody during the course of 
deportation proceedings instituted against them. 
 
SEC. 111. Requirement of Cash Deposits for Overtime Services. – The Commission 
shall likewise have the authority to require cash deposits in such amounts as may be 
necessary from vessel’s owner, operator, captain, master, pilot, agent, or consignee or other 
persons served to cover payments for overtime services to be performed by officers and 
employees of the Commission. 
 
             SEC. 112. 
Cancellation and Forfeiture of Bonds. – When the conditions of the 
bond are fulfilled, or in case of a bond posted to insure against a foreigner becoming a public 
charge, when the Commissioner decides that the likelihood no longer exists, or death of the 
foreigner in whose behalf the bond is posted, the bond shall be cancelled and released to the 
depositor or his/her legal representative. In case of violation of the conditions of the bond, the 
same shall be forfeited and deposited in a trust fund account which may be utilized for the 
purchase of passage tickets of indigent deportees and to cover the costs of operations in the 
arrest of a deportee who jumps bail. 


 
 
 
CHAPTER 3  
RECOGNIZANCE 
 
SEC.  113. 
Petitions for Recognizance, Sanction for Breach of Conditions. —  The 
Commissioner may order the release of a foreigner upon recognizance of his/her lawyer or a 
person who is of good standing in the community, under such terms and conditions as he/she  
may prescribe.  Failure to comply with the terms and conditions of the recognizance shall 
subject said lawyer or person to a fine of not less than Fifty thousand pesos (P50,000.00) but 
not more than One hundred thousand pesos (P100,000.00), without prejudice to other 
administrative sanctions and/or proceedings against the erring party. 
CHAPTER 4 
 COOPERATION AND COORDINATION WITH OTHER OFFICES 
 
 
SEC.  114. Working Cooperation with the Department of Foreign Affairs. – For 
purposes of efficient implementation and administration of this Act, the Commission shall 
maintain a working cooperation with the Department of Foreign Affairs. 
 
SEC. 115.  Working Cooperation with the Commission on Higher Education. – The 
Commission shall maintain a working cooperation with the Commission on Higher Education 
with respect to accreditation of schools and learning centers for enrolment of foreign students 
as authorized under this Act. 
 
SEC. 116. Coordination with Law Enforcement, Security and Other Offices. — The 
Commissioner shall have authority to maintain coordination with the National Security 
Council, the Philippine National Police, and other law enforcement agencies of the 
government.   
CHAPTER 5 
FEES AND CHARGES 
 
SEC. 117. Authority of the Commissioner to Prescribe, Impose and Collect Fees and 
Charges. — The Commissioner is authorized to prescribe, impose and collect fees and 
charges for services rendered pursuant to the provisions of this Act, which shall take effect 
fifteen (15) days after the last publication thereof for two (2) consecutive weeks in a 
newspaper of general circulation. 
SEC. 118. Head Fee. —  Every foreign national who is at least fourteen (14)  years of 
age and admitted to the Philippines for a temporary stay exceeding sixty (60) days shall pay a 
head fee in an amount to be fixed by the Board. 
 
CHAPTER 6 
ADMINISTRATIVE FINES AGAINST VESSELS 
 
SEC.  119. 
Fine for Failure to Submit Crew List or Passenger Manifest, or 
Failure to Account Every Passenger and Crew. — Any pilot, master, agent, owner or 


 
 
consignee of a vessel arriving at any port in the Philippines from a place outside thereof who 
fails to submit to the immigration authorities a complete and accurate crew list or passenger 
manifest, or fails to produce or account every crewmember or passenger whose name appears 
in said list or manifest shall be subject to fines of One hundred thousand pesos (P100,000.00) 
and Fifty thousand pesos (P50,000.00) for  each unaccounted person, respectively.  
 
 
           SEC. 120. Fine for Violation of Obligation on the Landing or Removal of Foreigners. 
— A pilot, master, agent, owner or consignee of any vessel  arriving at a port of the 
Philippines from a place outside thereof in violation of this Act  shall  be  fined  not  less than 
Fifty thousand pesos (P50,000.00) but not more than Two hundred thousand pesos 
(P200,000.00) for  each  violation. 
 
SEC.  121. Fine for Bringing Undocumented Foreigner, or Foreigner Afflicted with 
Communicable or Contagious Disease, or Suffering from Mental Disorder. — The pilot, 
master, agent, owner or consignee of the vessel arriving at a port in the Philippines from a 
place outside thereof bringing on board an undocumented foreigner shall be fined One 
hundred thousand pesos (P100,000.00) for each foreigner. If the foreigner is afflicted with a 
communicable or contagious disease or is suffering from mental disorder, the fine shall be 
not less than Two hundred thousand pesos (P200,000.00) but not more than Three hundred 
thousand pesos (P300,000.00) for each foreigner.  
 
           SEC.  122. 
Fine for Bringing a Foreigner to Assist His Illegal Entry or 
Misrepresenting a Foreigner as a Member of the Crew. — The pilot, master, agent, owner or 
consignee of the vessel arriving at any port in the Philippines from a place outside thereof 
bringing on board a foreigner bound for the Philippines to assist his/her illegal entry, or 
misrepresenting the foreigner to the immigration officer at the port of arrival as a bona fide 
member of the crew, shall be fined not less than One hundred thousand pesos (P100,000.00) 
but not more than Two hundred thousand pesos (P200,000.00) for each foreigner. 
 
SEC.  123. 
Fine for Violation of Other Provisions of this Act.  — The pilot, 
master, agent, owner or consignee of any vessel  arriving at any port of the Philippines from a 
place outside thereof who violates any other provision of this Act not specifically provided in 
this Chapter shall be fined not less than Fifty thousand pesos (P50,000.00) but not more than 
Two hundred thousand pesos (P200,000.00) for each violation. 
 
CHAPTER 7 
OTHER PENAL PROVISIONS 
 
SEC. 124. Other Prohibited Acts and Penalties Thereof. – Any person who shall 
commit any of the acts specified hereunder shall, upon conviction, suffer the penalty of 
prision correccional  in its maximum period to prision mayor in its minimum period or a fine 
of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred 
thousand pesos (P500,000.00) or both, at the discretion of the court: 


 
 
(a) Impersonates another individual, or falsely appears in the name of a deceased 
individual, or evades the immigration laws by using an assumed or fictitious name when 
applying for an immigration document;  
(b) Issues or otherwise disposes of an immigration document or an immigration 
accountable form, to any person not authorized by law to receive such documents;  
(c) Obtains, manufactures, prints, accepts or uses any immigration or travel document 
knowing it to be false or uses immigration accountable form that is not legally issued;  
(d) Enters the Philippines without inspection and admission by the immigration 
authorities, or obtains entry into the Philippines by fraud, misrepresentation, or concealment 
of material facts; 
(e) Misrepresents himself/herself to be a Philippine citizen;  
(f) Knowingly makes under oath any false statement regarding any immigration 
matter; or 
(g) Brings into, or lands in the Philippines, or conceals, harbors, employs, or gives 
comfort to any person not duly admitted by any immigration officer or not lawfully entitled 
to enter into or resides within the Philippines, or attempts, conspires with, or aids another to 
commit any such acts. 
 
Where the offender of any acts specified in paragraph (g) of this section is a 
corporation, company, partnership or other juridical entity, the president, general manager, 
managing partner, or chief executive officer thereof shall be held liable. Dismissal of the 
employee by the employer before or after apprehension shall not relieve such employer from 
any liability arising from the offense:  Provided, That if the offender is the pilot, master, 
agent, owner, consignee, or other person in charge of the vessel which brought the foreigner 
into the Philippines from any place outside thereof, the fine imposed under this section shall 
constitute a lien against the vessel which may be enforced in the same manner as fines are 
collected and enforced under existing laws. Such vessel shall not be allowed to depart 
without prior clearance issued by the Commission. Where forfeiture is justified under the 
particular circumstances of the case, the forfeiture of the vessel in favor of the government in 
lieu of the fine shall be decreed.  
 
Conviction by final judgment of any offense punishable under this Act or other 
related laws shall result in the automatic revocation or cancellation of any immigration 
document issued to the offender, including that of his/her spouse and unmarried children, if 
applicable. 
 
             SEC. 125. Penalty for Non-compliance of Subpoena. — Any person who, having 
been duly served with a subpoena, fails to comply without valid and justifiable reasons shall, 
upon conviction, suffer the penalty of imprisonment of not more than fifteen (15) days or a 
fine of not more than One thousand pesos (P1,000.00), or both, at the discretion of the court. 
 
           SEC. 126. Penalty for an Overstaying Crewmember. — Any foreign crewmember  
who wilfully remains in the Philippines beyond the period allowed him/her for temporary 
landing shall, upon conviction, suffer the penalty of imprisonment of six (6) months or fine of 
not less than Fifty thousand pesos (P50,000.00) but not more than One hundred thousand 
pesos (P100,000.00), or both, at the  discretion of the court. 


 
 
 
SEC. 127. 
Imposition of Maximum Penalty, When Applicable. – A person 
convicted under Republic Act No. 3019, as amended, otherwise known as the “Anti-Graft 
and Corrupt Practices Act”, or other laws against corruption and bribery who shall violate or 
circumvent any provisions of this Act shall, upon conviction, suffer the maximum penalty for 
such offense as provided under this Act. 
 
CHAPTER 8 
FUNDING 
 
 
SEC. 128. Funding. — In addition to its annual budget under the General 
Appropriations Act, the Commission is hereby authorized to retain and use fifty percent 
(50%) of its income derived from collection of immigration fees, fines, penalties and charges 
to pay hazard pay, subsistence allowance and other monetary benefits at rates fixed by the 
Commissioner and for maintenance and other operating expenses, intelligence and law 
enforcement, information and communication technology infrastructure, transportation 
facilities and other capital outlay expenditures. The Commission is likewise hereby 
authorized to retain and use its income in excess of the prescribed collection target. 
 
CHAPTER 9 
 
SEC. 129. 
Staffing Pattern and Salary Schedule. – To carry out the provisions of 
this Act, the Commissioner shall submit a new staffing pattern and salary schedule for 
personnel services to the Secretary of the Department of Budget and Management for 
approval, which shall be in accordance with the Salary Standardization Law and other 
applicable laws under the National Compensation and Classification Plan. 
 
SEC. 130. Reorganization of the Commission.  —  Upon approval of this Act, all 
employees of the  Bureau of Immigration  covered  by  the  civil  service  law  and  
regulations  shall  continue  to  hold  their  present  positions  pending  the  reorganization  of  
the  Commission  in accordance  with  the new  staffing  pattern:  Provided, That the salaries, 
wages, allowances and other benefits of incumbent officers and employees of the 
Commission shall not be subject to diminution: Provided, further, That  in  the  event that  
the  positions are  abolished in accordance with the reorganization, the affected employees 
shall be retained.  Provided, finally, That employees who have been dismissed for cause shall 
no longer qualify for any position in the Commission. 
 
SEC. 131. Inventory and Transfer of Properties, Accounts, Assets, Liabilities and 
Obligations to the Commission. — All buildings, properties, equipment, facilities, accounts, 
other assets, liabilities and other obligations as well as records of the Bureau of Immigration 
shall be properly inventoried and transferred to the Commission. 
 
SEC. 132. 
Treaty or Agreement. – Any treaty or agreement entered into between 
the Philippines and any foreign state before the effectivity of this Act shall remain in force 


 
 
and effect.  
 
SEC. 133.  Pending Cases. – Any prosecution, suit, action, proceeding, or any act or 
matter, civil or criminal, pending at the time of the effectivity of this Act shall not be affected 
by the provision of this Act unless otherwise applicable. 
 
CHAPTER 10 
ADMINISTRATION AND IMPLEMENTATION  
 
SEC. 134. Administration and Implementation Abroad. – The administration and 
implementation of this Act abroad, including the rules and regulations as well as policies 
arising from it shall be the responsibility of the Department of Foreign Affairs through 
Philippine diplomatic and consular establishments. 
 
SEC. 135. Implementing Rules and Regulations.  — The Commission, upon 
consultation with the Department of Foreign Affairs and other concerned government 
agencies or offices and subject to the approval by the Secretary, shall promulgate the rules 
and regulations for the implementation of this Act within one hundred twenty (120) days 
from its effectivity. 
 
CHAPTER 11 
FINAL PROVISIONS 
 
SEC. 136. Separability Clause. — If any of the provisions of this Act is held invalid 
or unconstitutional the other provisions not affected thereby shall continue to be in force and 
effect. 
 
SEC. 137. 
Repealing Clauses. – (a) Commonwealth Act No. 613, otherwise 
known as the Philippine Immigration Act of 1940, as amended, is hereby repealed; (b) All 
laws, presidential decrees, executive orders, proclamations, memorandum orders, 
instructions, rules and regulations or parts thereof inconsistent with this Act are hereby 
amended or modified accordingly. 
 
SEC.  138. Effectivity Clause. — This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or in two (2) newspapers of general circulation. 
 
Approved,