NINETEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez
House Bill No. 3300
EXPLANATORY NOTE

This bill was filed during the 18° Congress and was approved by the House of Representatives.

The 1987 Constitution provides that the prime duty of the Government is to serve and protect
the people. It further provides that the maintenance of peace and order, the protection of life, liberty,
and property, and the promotion of the general welfare are essential for a democratic government.

Despite numerous developments in technology and communication, there are several
antiquated laws in our statute books which are no longer relevant to modern times. One of them is
Commonwealth Act No. 613, otherwise known as the “Philippine Immigration Act of 1940", Although
some amendments and revisions have been effected to this law, many of its provisions have ceased to
be responsive to present day conditions and realities, and there are stil many problematic areas and
concerns that have not been adequately addressed.

‘The Bureau of Immigration acts as the chief repository of all immigration records pertaining to
entry, temporary sojourn, admission, residence, registration and departure of all foreigners in the
Country. As the country's frontline law enforcement agency, the Bureau af Immigration holds the primary
role of regulating the movement of persons to and from the country and securing the tranquility of the
State against foreigners whose presence or stay may be deemed threats to national security, public
safety. public morals and public health

Events of recent years have disclosed that many aliens in the country have been involved. at
‘one time or anather, in organized crimes like illegal recruitment. prostitution, drug trafficking, terrorism,
human smuggling and the like, all of which greatly resulted in the general impression of both Filipinos
and foreigners alike that some aliens have contributed to sufficient degree to the rise in criminality in
‘our country,

“This proposed bill aims to amend or revise the Commonwealth Act No. 613 or the “Philippine
Immigration Act of 1940" to be more responsive to the developments and challenges of migration and
immigration requiring a wider scope of functions and jurisdicbon

‘The Bureau also seeks the expansion of the immigration's organizational structure and
upgrades the existing positions of immigration personnel and administrative staff to adequately meet
the country’s rapidly increasing immigration services,

In view of the foregoing, the immediate approval of this bill is sought



NINETEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriquez
House Bit No, 33.00

AN ACT
MODERNIZING THE BUREAU OF IMMIGRATION BY DEFINING ITS POWERS AND FUNCTIONS,
FURTHER PROFESSIONALIZING ITS ORGANIZATION, UPGRADING THE COMPENSATION AND
BENEFITS OF ITS OFFICIALS AND EMPLOYEES, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

TITLE!
GENERAL PROVISIONS
SEC. 1. Short Title. — This Act shall be known as the “Bureau of Immigration Modernization Act’

SEC. 2. Declaration of Policy. — In the conduct ofits relations with other States, the Philippines shail
give paramount consideration to national sovereignty, territorial integrity, national ‘security, national
interest, the right to self-determination, the enhancement of economic diplomacy, and the protection of
‘overseas Filipinas in destination countres as it adheres to the policy of peace, cooperation, and amity
with all nations.

‘To this end, Philippine immigration policies, rules and regulations under this Act shail be applied
‘and administered as instruments for the promotion of domestic and external interests of the Philippines,
in recognition of

(a). the necessity for encouraging and enhancing capital investments, trade and commerce,

cultural exchanges and other forms of friendly relations and cooperation;

{b) the need to support technological and scientific development in the country;

(c) __ the goal to promote the conditions for social welfare and economic security of the people;

(6) _ the fulfllment of obligations and compliance with standards set by international law in the

admission or exclusion of foreign nationals,
(e) the modemization 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

(f the professionalization of the immigration service by instituting @ 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:

(a). Admission refers to the process by which a foreign national arriving at a port of entry in the
Philippines is allowed into the country whereby a status or entry category is granted by the
immigration authorities;

{b) Border Contro! Otficer refers to any person authorized to man the Border Control
Checkpoints as provided in this Act,

(©) Captain refers to the master of a vessel or pilot of an aircraft,

(a) Chil or children refers to a person or persons below eighteen (18) years of age;

(©) Citizen reters to any person who is a citizen of the Philippines under Section 1, Article IV
‘of the Constitution of the Republic of the Philippines;

(Commissioner refers to the Commissioner of the Bureau of immigration;

{g) Commitment Order refers to an order issued by the Commissioner under this Act that
directs the taking into custody of a foreign national after it has been determined that

2


™

@

i

tk)

)

(m)

(a)

(0)

(p)

(aq)

probable cause exists that the foreign national committed acts or omissions in violation of
Philippine immigration laws, rules and regulations, or during the pendency of deportation
proceedings against such foreign national: Provided, That such custody shail not exceed
three (3) months, unless there exists other legal grounds for continued custody:

Consular Officer refers to any consular, diplomatic, or other officer of the Department of
Foreign Affairs (OFA) who has been duly granted a consular commission for the purpose
of issuing visas under this Act;

Derogatory Information refers to details sbout persons and travel documents relating to
immigration consisting of the following:

(1) Blacklist Order reters to an order issued by the Commissioner that prevents @
foreign national from entering the territorial jurésdiction of the Philippines;

(2) Hold Departure Order refers to an order issued by the Commissioner preventing @
foreign national from leaving the terntorial jurisdiction of the Philippines in cases
where bail or recognizance Is granted pending implementation of @ Deportation
Order, or @ directive implementing an order issued by the appropriate court
preventing @ person from leaving the territorial jurisdiction of the Philippines, and

(3) Monitor Order reters to an order issued by the Commissioner under this Act that
requires immigration personnel to monitor the travel of any person for a period of
thirty (30) days, and to notify the concerned government agencies of the
Philippines;

Entry refers to the arrival of @ foreign national into any designated port of entry in the
Philippines from a place outside the Philippine territorial jurisdiction. foreign national
having a lawful permanent residence in the Philippines shail not be regarded as making an
entry for the purpose of this Act if such foreign national proves that the departure to a place
outside the Philippines was for a temporary or limited period, or the continued absence
from the Philippines was occasioned by deportation proceedings, extradition, or any other

legal process,

Exclusion refers to the act of Immigration Officers denying admission of a foreign national
Into the country on grounds provided in this Act;

Foreign nations! or alien refers to any person who is not a citizen of the Philippines;

Immigrant refers to any foreign national, other than a non-immigrant,-granted resident
status in the Philippines under the provisions of this Act and other laws granting immigrant
status;

Immigration laws refer to this Act and other laws presently existing or which may hereafter
be enacted relating to the movement af natural persons to and from the Philippines;

Immigration Officer refers te any person appointed under Title I!, Chapter 8 of this Act or
any employee designated by the Commissioner to perform the powers, duties and functions
cof an immigration Officer as specified under this Act

\Non-immigrant reters to any foreign national who is allowed entry and admission into the
Phikppines for a temporary or limited period of stay,

Non-refoulement refers to @ principle of international law which prohibits the forced or
involuntary return of refugees or those seeking asylum in the Philippines to a state or
territory where there are valid reasons to believe that tne life or freedom of such refugee or
asylum seeker would be threatened on account of race, religion, nationality, membership
in a particular social group, or political opinion;


() Passport refers to a document issued by 2 government to its citizens requesting other
‘governments to allow such citizens to pass through or enter into a territory of other states
‘Safely and freely, subject to pertinent rules and regulations;

(8) Person refers to a natural person or a juridical person such as-partnerships, corporations,
companies, and associations

() Port of entry refers to any port designated by the Commissioner through which a foreign
rational may enter or exit the Philippines.

(u) Refugee refers to @ person who, owing to a well-founded fear of being persecuted for
reasons of race, religion, nationality, membership in @ particular social group, or politcal
opinion, is outside such person's country of nationality, and is unable or, owing to such fear,
unwilling to avail of the protection of that country; or a person who, not having a nationality
and being outside such person's country of former habitual residence, is unable or, owing
to such fear, unwilling to return to it;

(¥) Seaman, Seafarer or Crewmember refers to a person actually employed in the operation
or service in any capacity on board a vessel

(w) Stateless person refers to @ person who is not considered a national by any state under the
operation of its iaws;

(x) _Travef document refers to a certification or identifying document containing the description
‘and other personal ciccumstances of its bearer issued by a government to individuals for
travel purposes,

{y) Vessel refers to alt means of conveyances, whether aircraft or sea craft; and

(2) Visa refers to an endorsement on @ passport or any travel document issued by @ Consular
Officer abroad authorizing the holder thereof to proceed to @ designated port of entry in the
Philippines and there, to apply for entry and admission under the status specified therein;
‘or an endorsement on a passport or any travel document granted by the Commissioner or
the Board under this Act, or by any other person authorized by existing laws.

TITLE
‘THE BUREAU OF IMMIGRATION

CHAPTER 1
THE BUREAU

SEC. 4. Overview. — The Bureau of Immigration, hereinafter referred to as the "Bureau", shall be under
the control and supervision of the Department of Justice (DOJ). The Bureau shall be principally
responsible for the administration and enforcement of this Act, and the implementation of all laws, rules
and regulations, or orders of any competent authority concerning the entry and admission into, stay in
and the departure from the Philippines of ail persons. The Bureau may seek the assistance of other
‘government entities in the enforcement of laws, rules and regulations relating to immigration, border
control, and anti-trafficking in persons.

CHAPTER 2
THE BOARD OF COMMISSIONERS

SEC. 5. Composition and Qualifications. — The Bureau shall be sdministered by the Board of
‘Commissioners, hereinafter referred to as the Board, headed by the Commissioner as Chairperson,
‘and two (2) Deputy Commissioners as members, all of whom shail be natural-born citizens of the
Philippines, holders of a college degree, with proven capacity for administration and, at the time of their
appointment, at least thirty-five (35) years of age: Provided, That at least one of the members shali be
‘a member of the Philippine Bar in good standing for at least five (5) years prior to the appointment:
Provided, further, That at least one (1) member of the Board shall come from the ranks of the Bureau


SEC. 6, Powers and Functions, ~ The Board shall have the following powers and functions:
(a) Decide on applications or cases relative to:

” Deportation,

(2) Revocation of immigration status;

(3) Reacquisition and retention of Philippine citizenship under Republic Act No.
9225, otherwise known as the “Citizenship Retention and Reacquisition Act of
2003 and such laws as may hereafter be enacted on the subject;

(4) Issuance and revocation of all visas and permits,

(5) Declaration of indigence; and

(8) Legalization of residence in accordance with law.

{b) Cite and punish for contempt in relation to the discharge of its quasiudicial functions, in
accordance with the Rules of Court,

{c) Prescribe end promulgate rules of procedure for praceedings before it.

(0) Prepare and publish operations manuals, including schedules of fees for all transactions
‘entered into by the Bureau with the public,

(e) Formulate policies, directives, programs and projects of the Bureau; and

() Such other pawers and functions as provided in this Act and other existing laws, rules and
regulations not inconsistent with any of the provisions of this Act

SEC. 7. Decisions. - All cases or proceedings before the Board shall be decided with the concurrence
of the majority of the members of the Board. Decisions of the Board shall become final and executory
fifieen (15) days from receipt thereof by the concemed parties. Only one (1) motion for reconsideration
shall be allowed.

SEC. 8. Period for Decision. - The Board shall decide deportation cases within sixty (60) days from
the date they are submitted for resolution.

Decisions in deportation cases may be appealed to the Secretary of Justice within fifteen (15) days
from receipt thereof by the concered party. The decision of the Secretary of Justice may be appealed
to the Office of the President within (15) days from receipt of judgment. The decision of the Board shall
become executory after thirty (30) days from promulgation, unless within such period the President shall
‘order the contrary.

SEC. 9. Meetings. - In all cases, the Board of Commissioners shall convene and act
body in all matters referred to in Section 6 of this Act. The Board shall meet at least onc
necessary, twice a week. Members of the Board shall be notified accordingly and the presence of the
(Chairperson and one (1) member shall constitute @ quorum.

CHAPTER 3
‘THE COMMISSIONER AND THE DEPUTY COMMISSIONERS

SEC. 10. Appointment of the Commissioner. — The Commissioner shail be sppointed by the
President and shall have the same rank, salary, and privileges of an Undersecretary of a Department

‘SEC. 11. Powers and Duties of the Commissioner. ~ In addition to the dutes as Chairperson of the
Board of Commissioners, the Commissioner shall aiso undertake the following’
(a) Supervise. direct and coordinate the overall operations of the Bureau;

(b) Exercise control and supervision over the officers and personnel of the Bureau, including the
power to appoint, promote, and reassign personnel, subject to civil service laws, rules and
regulations: Provided, That promotions and appointments to positions of Division Chiefs ang
above shall be made by the Secretary of Justice upon the recommendation of the
Commissioner,

(c) Issue the following:
(1) Mission Orders, after determination of the existence of probable cause for the purpose of
dey

portal
(2) Commitment or Release Orders;

(3) Warrants of Deportaton,
(4) Orders to inspect the documents, premises, and records of persons covered by this Act

5


(a)

(e)

@

0

0

we

10)

(m)

(ny

(0)

()

(a)

and
(5) Derogatory information orders defined in Section 3{i) of this Act:

Delegate authority to subordinate immigration personnel and employees of the Bureau, except
the powers and functions enumerated in paragraph (c) of this section, which may be delegated
‘only to a Deputy Commissioner,

‘Act on applications for extension of visas with the concurrence of the Board;
Act on applications for study and work permits,

Control the opening and closure of posts, landing places, airports or ports classified as points
of entry or exit, whether limited or unlimited;

Increase, reduce, or waive immigration fines, penalties, and other charges;

Issue Certificates of Naturalization to foreign nationals who have been granted Philippine
citizenship;

Promulgate rules and regulations as may be necessary or proper for the effective discharge
of the duties and responsibilties of the officials and personnel of the Bureau, and for the
effective exercise of the powers and functions of the Bureau;

Deputize, subject to the concurrence of the Board, 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 assist
immigration personnel in the performance of their duties and functions;

Seek the assistance of relevant government agencies for intelligence data gathering and
sharing,

‘Authorize and prescribe, with the concurrence of the Board, the form end the amount of cash
‘bonds for the provisional release of respondents in deportation proceedings;

Impose reasonable fines and penaities for violations of immigration and alien registration laws
in accordance with this Act and the guidelines adopted by the Board:

‘Accept donations of materials, equipment or technical services from any foreign government,
international or domestic organization, to upgrade the efficiency and operations of the Bureau;

Provide an express lane system for the rendition of services performed for individuals and
‘entities upon payment of fees that may be prescribed, end deposit in an authorzed
government depository bank such fees received under a trust fund subject to auditing and
accounting rules, fifty percent (50%) of which shall be made available for the augmentation of
the salaries of the employees of the Bureau, and fity percent (50%) of which shall be remitted
to the national treasury:

‘Submit to the President and to Congress, annually or as may be directed, a report on
(1) the number and status of foreign nationals in the Philippines;
{2} foreign nationals admitted or granted change of status as permanent residents;
{3} foreign nationals who have been excluded or deported from the Philippines,
(4) the estimated number of ilegal foreign nationals in the Philippines in each calendar
yeer and actions taken to arrest them, grouped by nationality, for each region in the
Philippines; and
{5} such other transactions of the Bureau;

Determine the manning levels of Immigration Officers of the Bureau nationwide in accordance
with the number of arrivals in each port of entry as determined by the Board: Provided, That
for every three hundred (300) passengers, there shail be one (1) Immigration Officer in an
eight-hour shift,



(s} Exercise disciplinary authority over personnel cf the Bureau charged with less grave and ight
administrative offenses, in accordance with the Revised Rules on Administrative Cases in the
Civil Service (RRACS). Provided, That the disciplinary authority over those charged with grave
administrative offenses under RRACS shall belong to the Secretary of Justice;

{t) Prepare and submit a supplemental budget. if necessary, for the consideration of the
Department of Budget and Management (OBM) and Congress:

(u) Prescribe, with the concurrence of the Board. the appropriate forms, bonds, reports, entries
and other papers in accordance with this Act;

(v) Require ail vessel operators to submit advance passenger information in the form prescribed
by the Board, and prescribe penalty for the violation hereof,

(w) Engage foreign counterparts pertaining to border control, and
(x) Perfarm such other functions inherent to the Bureau.

‘SEC, 12. Appointment and Rank of Deputy Commissioners. — There shall be two (2) Deputy
‘Commissioners who shall be appointed by the President. They shall have the rank, salary and privileges
of an Assistant Secretary of a Department.

SEC. 13. Duties of Deputy Commissioners. — In addition to their duties es members of the Board,
the Deputy Commissioners shall supervise a minimum of two (2) Divisions and one-(1) regional office
each a8 may be determined by the Commissioner.

CHAPTER 4
‘THE INTERNAL AFFAIRS SERVICE

SEC. 14, Qualifications of the Director, internal Affairs Service (IAS). ~ An Internal Affairs Service
(IAS) of the Bureau is hereby created which ‘shail be headed by a Director who must be a natural-bom
citizen of the Philippines, at least thirty (35) years of age and a member of the Philippine Bar in good
standing for at least five (5) years prior to the appointment

SEC. 15, Powers and Functions. The IAS shall have the following powers and functions:

(a) Conduct inspections and audit over personnel and units of the Bureau;

(0) Receive administrative complaints against all Bureau personnel, and indorse to the Office of
the Secretary of Justice complaints fled against personnel who are subject to the disciplining
authority of the Secretary;

{c) Conduct summary hearings of administrative cases against personne! appointed ond
promoted dy the Commissioner,

(d) investigate complaints and gather evidence in support of an investigation:

{e) File appropriate criminal cases against Bureau personnel before the court as evidence
warrants and assist in the prosecution of such cases; and

(f) Provide assistance to the Office af the Ombudsman in cases involving the personnel of the
Bureau

CHAPTER 5
THE BOARD SECRETARY

SEC. 16. Qualifications. - There shall be a Board Secretary of the Board of Commissioners who 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 the appointment,

SEC. 17. Powers and Duties, ~ The Board Secretary shall
(a) Attend and take the minutes of ail meetings of the Board;
(b) Prepare the agenda for the deliberation of the Board on visa applications,
(c) Prepare the agenda for the deliberation of the Board on deportation cases as endorsed by @
member of the Board after initial review,


(d) Implement the decision of the Board approving visa applications, including revalidation;

(e) Keep and manage all records of the deliberation of the Board;

(f) Advise the members of the Board on all matters relative to compliance with relevant laws and
requirements of regulatory authorities; and

(g) All other functions as may be directed by the Board.

CHAPTER 6
THE BOARDS OF SPECIAL INQUIRY

SEC. 18. Creation of the Boards of Special Inquiry. ~ There shall be created up to five (5) Boards of
‘Special Inquiry (BSI) as required in the exigency of service as determined by the Board. Each BS! shail
be composed of a Chairperson and two (2) members. The BSI shall be designated according to their
areas of specialization to be determined by the Board

SEC, 19. Appointment and Qualifications of the Chairpersons and Members of the BSI. ~ The
Chairpersons and members of the BSI shall be appointed by the Commissioner, 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 have been engaged in the practice of law for at least three
(3) years prior to apposntment.

‘SEC. 20. Powers and Functions. - The BS! shall
(a) Recommend to the Board of Commissioners for final resolution cases and applications relative
to:

(1} Deportation:
(2) Revocation of immigration status; and
(3) Legalization of residence in accordance with law.
{b} Recommend to the Commissioner for appropriate action cases and spplications relative to:

(1) Cancellation of alien certificates of registration by marriage, and
(2) Issuance of alien certificates of registration to refugees;

{c) Issue subpoena in cases being heard by the BSI;

{@)_ In the exercise of its quasi-judicial power, cite and punish persons for contempt in accordance
with the Rules of Court,

{@) Recommend to the Board the imposition, waiver or reduction of fees, fines, penalties and other
charges, subject to existing laws, rules and regulations;

{f) Administer oaths in connection with the performance of their duties, as may be authorized by
the Board,

(9) Pr tules and regulations governing matters within its assigned mandate, subject to
the approval of the Board; and

{h) Perform such other duties and functions as may be directed by the Commissioner or the Board
of Commissioners.

SEC. 21. Proceedings. - The proceedings before the BS! shall be public and recorded. In all cases,
the BSI shail meet and act as a collegial body. Only members of the Philippine Bar in good standing
may appear for and in behalf of any party before the BSI.

SEC. 22. Resolution of Cases. ~ Cases before the BSI shall be resolved within five (5) working days
from the date the cases are submitted for resoluton, The resolution of the BS! shal! be submitted
immediately to the Board for action.

SEC. 23, Creation of Positions, — The positions created under the 8S! shall have the following
classification and salary grades:

DESIGNATION POSITION ‘SALARY GRADE
Chairperson ‘Attorney V Ea
Members | Attorney iV | 23 =|



CHAPTER 7.
DIVISIONS AND OTHER OPERATING OFFICES OF THE BUREAU

SEC. 24. Divisions and Other Operating Offices of the Bureau — The Bureau shall have the
following Divisions and other operating offices, namely:
‘A. DIVISIONS:

(1) Administrative;

(2) Alien Registration,

(3) Finance and Logistics:

{4) Human Resource Management and Development,

(5) Immigration Regulation;

(6) Information and Communications Technology;

(7) Immigration Intelligence;

{8} immigration Law Enforcement

(9) Legal Affairs,

(10) Immigration Operations, and

(11) Planning and Research

B. REGIONAL OFFICES that shall be created by the Board according to political or
administrative regions.

C. DISTRICT AND FIELD OFFICES

SEC. 25. Heads of the Divisions and Other Operating Units. — Each Division shall be headed by
2 Division Chief: Provided, That the Chief for Legal Affairs shall be a member of the Philippine Bar in
‘good standing and must have been engaged in the practice of ‘aw for at feast three (3) years prior to
‘appointment, and that the Chief for Finance and Logistics must be a Certified Public Accountant m good
‘standing for at least three (3) years prior to pointment.

‘The Regional Offices shall be headed by a Supervising Immigration Officer, white the District and
Field Offices shall be headed by a Senior Immigration Officer.

'No person shall be appointed as Chief of any of the Divisions enumerated in Section 24 (A) of this
‘Act unless such person meets the qualification standards set by the Bureau and approved by the Civil
Service Commission (CSC).

SEC. 26. Organizational Structure, Duties and Functions of the Divisions, Regional, District,
Field and Other Operating Offices. — Subject to the approval by the DBM, the Board shall determine
‘the organizational structure of the different Divisions, Regionel, District and Field Offices, and other
‘operating offices of the Bureau to ensure the effective performance of their respective mandates.

SEC. 27. Chiof Administrative Officer. - The Bureau shall have a Chief Administrative Officer who
‘shall perform the following duties:
(a) Develop and implement an administrative support strategy for the Bureau;
(b>) Coordinate all administrative functions of the Bureau
{c) Monitor and evaliate all policies and programs of the Bureau, and recommend to the
Board such policies. programs and measures for the effective and efficient
administration of the Bureau, and
(4) Perform such other tasks as may be directed by the Commissioner

SEC. 28. Chief Alien Registration Officer. ~ The Bureau shall have a Chief Alien Registration Officer
who shall perform the following duties’
(a) Formulate plans and policies for the implementation of the Alien Registration Program:
(0) Establish and implement measures for the effective registration, monitoring and
accounting of aliens, including the collection and safekeeping of biometric data of all
aliens pursuant to this Act and other laws, rules and regulations,
(©) Monitor and evaluate all policies, programs and measures relative to alien registration,
‘and recommend to the Board of Commissioners such measures to improve the system
of alien registration; and
(4) Perform such other tasks as may be directed by the Commissioner.


‘SEC. 29. Chief Finance and Logistics Officer. - The Bureau shall have a Chief Finance and Logistics
Officer who shall perform the following duties:

fa)

(9)

Formulate and supervise the implementation of policies pertaining to procurement,
fiscal management, auditing and accounting in support of the overall plan and strategic
irection of the Bureau;

Direct and manage all the procurement activities of the Bureau:

Implement sound fiscal policy:

‘Supervise the preparation of the Annual Procurement Plan;

Initiate projects in the furtherance of the improvement of the Bureau;

Set performance targets for the Bureau in order to meet its objectives, plans and
programs, and

Perform such other tasks as may be directed by the Commissioner.

SEC. 30. Chief Human Resource Management and Development Officer. ~The Bureau shall have
a Chief Human Resource Management Officer who shall perform the following duties:

(a)
(b)
ic
(2)

(e)
o)

@)
(h)

Develop and execute human resource strategies in support of the overall plan and

strategic direction of the Bureau especially in the areas of selection, hiring and

promation,

Design employee training modules;

Develop comprehensive strategic recruitment and retention plans to meet human

capital strategy goals,

Set qualification standards and implement competency-based hiring and promotion

policies;

(Oversee the recruitment, selection and promotion of employees of the Bureau;

Set performance standards for the employees of the Bureau in order to meet its
, plans and programs;

Prepare and implement schemes to strengthen the relationship between management

and employees; and

Perform such other tasks 5 may be directed by the Commissioner.

SEC. 31, Chief immigration Regulation Officer. ~ The Chief Immigration Regulation Officer shall
perform the following duties:

{a) Enforce immigration laws relating to the admission of aliens on primary inspection, as
‘well as their exclusion, deportation and repatriation; sojourn, and those relating to
administrative penalties against commercial sea vessels,

(b) Formulate plans and programs for the effective enforcement of immigration laws
relating to the admission, sojourn and exit of aliens:

{c) Establish policies for the effective surveillance, monitoring, and supervision of all Bay
‘Service Operations of all commercial vessels while in Philippine territory,

(0) Oversee and supervise all Regional, District, Field Offices, and Border Crossing
cI ints;

{e) Maintain acministratve control over aliens: admitted for limited periods by enforcing and
implementing temporary visitors’ visa extension policies for aliens;

{f) Assist the Commissioner in administering issuances of student visas, permits and other
orders related thereto,

(g) Assist the Commissioner in the preparation of all orders pertaining to downgrading of
visas, transfer, amendment, and correction of admission:

(h) Represent the Bureau in the enforcement of the RP-Indonesian Agreement and the
RP-Malaysian Anti-Smuggling Agreement, and other subsequent similar agreements,

(i) Perform such other tasks as may be directed by the Commissioner.

SEC. 32. Chief Information and Communications Technology Officer. ~The Sureau shall have &
Chief Information and Communications Technology Officer who shail perform the following duties:

(a)

(o)
(co)

Formulate policies, plans and programs on management information systems, network,
‘cybersecurity, and information and communications technology {ICT) resources of the
Bureau,

‘Supervise the Implementation of all the information and communications technology
projects of the Bureau.

Review, evaluate, and recommend for approval by the Commissioner the integration
of all existing ICT systems of the Bureau;

10


(@)
(e)

Initiate the conduct of ICT research, development, and standardization; and
Perform such other tasks as may be directed by the Commissioner.

SEC. 33. Chief immigration Intelligence Officer. — The Bureau shall have a Chief Immigration
Intelligence Officer who shall perform the following duties:

{a}

(0)
()
(9)
(e)

Develop plans and programs for the gathering and collating of intelligence objectives
through effective managernent ‘of all intelligence and counter-intelligence activities of
the Bureau;

Manage the conduct of intelligence and counter-intelligence activities of the Bureau,
Serve as the linkage between foreign counterparts or embassies and the Bureau;
Initiate development of intelligence training modules, and

Perform such other tasks as may be directed by the Commissioner

SEC. 34. Chief Immigration Law Enforcement Officer. ~ The Bureau shall have a Chief immigration
Law Enforcement Officer who shail perform the following duties:

(a)
(b)
(c)
@
(e)

Develop plans and programs for effective law enforcement actions against foreign
nationals who violate immigration laws, rules end regulations,

Exercise command, control, direction, coordination, and supervision of all law
enforcement activities of the Bureau, such as the deployment of personnel, subject to
the power of the Commissioner under Section 1 1(b) of this Act,

Initiate the development of law enforcement training modules;

Establish an effective monitoring tool for fugitives and undesirable foreign nationals:

and
Perform such other tasks as may be directed by the Commissioner

SEC. 35. Chief Legal Affairs Officer. ~ The Bureau shall have a Chief Legal Affairs Officer who shell
perform the following duties:

fa)

‘Serve as the legal counsel of the Bureau, in coordination with the Office of the Solicitor
General,

(6) Develop guidelines for the summary deportation of foreign nationals who are fugitives,
‘overstaying, undocumented, or convicted of crimes involving moral turpitude or crimes
where the penalty of deportation is imposed,

(c) Assign prosecutors for regular deportation proceedings;

(d) Implement deportation orders;

{e) Study contracts affecting the Bureau and submit recommendations to the Board
relative thereto;

(f) Render tegal opinions on matters arising from the administration and operation of the
Bureay; and

{g) Perform such other tasks as may be directed by the Commissioner,

SEC, 36. Chief nN Operations Officer. — The Gureau shall have o Chief Immigration

Immigratio
‘Operations Officer who shall perform the following duties:

(a)
(b)

(c)

(o)
(e)

)
@)

Formulate plans and programs for the effective and efficient immigration operations in
ail international airports and seaports;

Oversee and supervise the immigration operations in all intemational airports and
international seaports, including the conduct of arrival and departure formalities
consistent with this Act and other applicable laws, rules and regulations,

Implement Blacklist Orders, Hold Departure Orders, Monitor Orders, Travel Restriction
‘Orders, Orders to Leave, Exclusion Orders, and other such orders issued by the Board
‘or by the Commissioner,

Ensure the compliance of all immigration personnel under the Operations Division with
the Bureau's Quality Management System (QMS);

‘Monitor admitted foreign temporary visitors who were referred for secondary or tertiary
inspection,

Initiate the development of immigration operations training modules; and

Perform such other tasks as may be directed by the Commissioner.

SEC, 37. Chief Planning and Research Officer. ~ The Bureau shall have @ Chief Planning and
Research Officer who shail perform the following duties:

pee


(a) Formulate and implement the Bureau's programs, projects and processes for planning
‘and research,

(b) Facilitate and organize strategic planning sessions for the entire Bureau,

(c) Conduct workload assessment and forecasting,

{d) Provide assistance to the Board in the implementaton and establishment of @ risk
management process;

(e) _Impiement a monitoring feedback measurement and evaluation system for the
implementaton of ali Bureau policies, projects, and programs:

(f) Represent the Board in meetings relating to planning and research; and

(g) Perform such other tasks as may be directed by the Commessioner.

CHAPTER 8
IMMIGRATION OFFICERS

‘SEC. 38, Immigration Officers. - The Bureau shall employ an elite group of Immigration Officers
who shall be assisted by Immigration Inspectors and immigration Agents in the performance of their
duties and functions. No person shail be appointed to the position of immigration Officer, immigration
Inspector or Immigration Agent unless such person meets the qualification standards set by the Bureau
and approved by the CSC.
‘The following determinative factors shall be included in setting the qualification standards for

each position:

a) Educational Attainment

b) Civil Service Eligibility

c) Relevant Experience

d) Training (Basic, Advanced or Executive)

e) Agility

SEC. 39, Powers and Duties. - The Immigration Officers shall have the following powers end
functions:

‘a) Examine, with the assistance and advice of medical authorities in appropriate cases,
foreign naticnals at the port of entry conceming their admissibility to enter and their
qualifications to remain in the Philippines,

») Exclude foreign nationals not properly documented, and to admit foreign nationals
complying with the applicable provisions of immigration and related laws;

¢) Administer oaths in connection with the performance of their duties, as may be authorized
by the Board;

4} Search for foreign nationals on any vessel believed to be used to illegally bring foreign
nationals into the Philippines, and to take into custody without warrant any foreign national
‘who, in the presence or view of the Immigration Officer, is entering or is about to enter the
Philippines in violation of immigration and related laws, rules and regulations;

©) Act as control personnel with authority to prevent the departure of passengers who do not
comply with duly published departure requirements;

f) Detect and report violations of the immigration and alien registration laws and, in
‘appropriate cases, take necessary actions upon the instructions of the Commissioner,
{including follow-up on the stay of non-immigrants to prevent overstaying:

9) Detect and report subversive activities of aliens in the interest of national security,

fh) Investigate any case at the instance of the Commissioner and submnit the required reports;

i) Report on the activities of aliens inimical to national interest with a view to taking
‘appropriate action in accordance with law;

|) Locate and conduct surveilance against foreign nationals in violation of immigration laws,
rules and regulations:

k) Provide actionable operational, tactical and strategic intelligence to the operating units,

1) Conduct case build up, analysis and other in-depth research, as well as provide analytical
reports on foreign nationals who violate or are in violation of immigration laws, rules and

regulations;

m) Coordinate with other local and international law enforcement agencies in the gathering of
intelligence information related to immigration law violations,

n) Conduct counter-intelligence operations,

10}. Enforce lawful orders relating to the exclusion, deportation and repatriation of aliens;

2


p) Take charge of the physicat detention of aliens pending their exclusion, deportation or

ref y

a) Attend to the deportation of aliens;

1) Monitor all arriving and departing suspected terrorists, drug couriers or members of crime
syndicates;

's) Assist and escort deportes, excluded passengers and transiting restricted passengers
until finally boarded;

1) Investigate and escort from ports of entry intercepted passengers who are found in

possession of spurious travel documents,

Implement Warrants of Deportation and Mission Orders involving foreign nationals who

violate or are in violation of immigration laws, rules and regulatons; and

v)_ Perform such other functions as may be assigned by the Commissioner from time to time,
Qualified immigration Officers, Immigration Inspectors and Immigration Agents with the requisite

training and experience may be assigned to the Intelligence, Law Enforcement, Alien Registration,

Immigration Regulation. and Operations Divisions depending on the exigencies of the Bureau. The

Board may, in the exigencies of service, designate certain duties and responsibilities listed in this

section to other officers and employees in the Intelligence or Law Enforcement Divisions in an acting

capacity: Provided, That such designation shall not exceed a period of one (1) year.

‘SEC. 40. Deployment of immigration Personnel Abroad. ~ Within ninety (90) days from the etfectivity
of this Act, the DFA and the Bureau shall promulgate the implementing rules and regulations on the
‘assignment and deployment of Immigration Officers to select consular posts abroad who shall, subject
to the pertinent provisions of Republic Act No. 7157 or the “Philippine Foreign Service Act of 1991"
perform immigration duties, except diplomatic and consular functions.

CHAPTERS
CAREER DEVELOPMENT PATTERN

SEC, 41, Career Development. The Bureau shall:
‘a) Establish and strengthen the Philippine Immigration Academy which shail be under the
control and supervision of the Commissioner,
b) Create a continuing program to enhance the knowledge. skills and competence of all
personnel through a career advancement training and education prior to their promotion,

and
©) Formulate training requirements to implement the provisions in this Title

‘CHAPTER 10
OTHER OFFICES:

‘SEC. 42. Changes In the Composition, Distribution and Assignment of Regional, District and
Field Offices. - The Commissioner may make changes in the composition, distribution and assign™nent
‘of regional, district and field offices as well 8s its personnel, besed on the demographics of foreign
nationals and as the exigency of the service requires, subject to civil service rules and regulations,

SEC. 43. Border Control Checkpoints. ~ In addition to international airports and international
‘seaports, there shall be established Border Contral Checkpoints which shall be manned by Immigration
Offers appointed as Border Control Officers by the Commissioner, The Border Control Checkpoints
shal be placed in specific areas in the Philippines which shail be determined by the Board. Border
Control Officers shall perform the fotloving dutes:
a) Conduct immigration formalities to foreign nationals passing through their areas of
responsibilty;
} Enforce immigration taws, rules and regulations;
¢} Coordinate with other law enforcement agencies in the enforcement of immigration laws,
rules, and regulations,
4) Apprehend and take into custody illegal entrants: and
) Perform such other functions as may be directed by the Commissioner


TITLE Itt
IMMIGRATION

CHAPTER 1
NON-MMIGRANTS:
SEC. 44. Categories of Non-immigrants and Types of Visa Issued ~ Foreign

m nationals departing
from any place outside the Philippines who are otherwise admissible end 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
nature for a foreign employer or for themselves that will not resulk in
‘gainful employment in the Philippines. As used herein, the term “business” refers to
conventions, conferences consultations and other legitimate activites of &
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 (8 Visa): Persons in transit through the Philippines solely for a layover and
who have a confirmed connecting flight to another country, or passengers in immediate snd continuous
transit to a destination outside the Philippines;

{c) Crewmembers (C Visa): Persons required for the normal operation and servicing of vesse's
that come to the Philippines on a temporary basis, either arriving with a vessel or intending to depart
the Philippines on the same vessel of any other vessel;

(d) Treaty Traders (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens of a country that has
trade treaty with the Philippines, including their family members, and who come to work in the
Philippines for either @ 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 8 D-1 visa,

Citizens from @ country that has an investor treaty with the Philippines, including their family
members, and who come 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, which business is supported by a substantial
investment from nationals of their home country, shall be granted @ D-2 visa:

{e) Accredited Foreign Government Officials, Their Families and Household Member (E
Visas): Foreign government officials, their families and household members coming to the country for
official purpose, pursuant to international conventions and bilateral agreements, shail be granted E
Visas, in accordance with the following categories:

(1) Persons eligible for E-1 Visa: The E-1 Visa shall be issued to the following classes
of foreign nationals:

|. Heads of State and Heads of Government and their personal representatives,
i. Members of reigning royal families from countnes recognized by the Philippine
Government,
ii, Governors-General, Governors, and High Commissioners of dependent
terntories and their personal representatives,

14


Cabinet ministers and their deputies, and officials with cabinet rank of
ministers;

Presiding officers of national legisiative bodies,

Justices or judges of the highest national judicial bodies;

Diplomats snd career consular officials on foreign assignment in the
Philippines,

via Military, naval, air and other attaches assigned to a diplomatic mission; and

‘x. Accompanying spouses and unmarried dependents of foreign nationals within
the abovementioned categories,

is<

(2) Persons eligible for E-2 Visa: The E-2 visa shall be issued to an official of a foreign
government recognized by the Philippines and who is @ national of the county
whose government he represents, and is proceeding to the Philippines on a long-
term basis in connection with official business for such foreign official's government.

This category includes, inter alia, the following classes of foreign nationals:

i. Administrative and technical members of the staff of a diplomatic or consular
mission,

i Officials participating in programs under the auspices of the Philippine
‘Government or recognized international institutions; and

li. Accompanying spouses and unmarried dependents of foreign nationals
within the abovementioned categories,

(3) Persons eligible for E-3 Visa: The E-3 visa shall be issued to an official of a foreign
‘government recognized by the Philippines, is a national of the country whose
‘goverment he represents, and is proceeding to the Philippines on a short-term
tasis in connection with official business for such foreign official's government

‘This category includes, inter alia, the following classes of foreign nationals:

|. Diplomatic couriers regularly and professionally employed as such;
i. All members of official special missions of a diplomatic character.
li, Members of delegations proceeding to or from an international conference
of a diplomatic or official nature; and
v. Such other officiats going to the Philippines on diplomatic or official
missions;

(4) Persons eligible for E-4 Visa: The E-4 Visa shall be issued to the private
employees and household members of persons to whom E-1 and E-2 visas
have been granted, as well as their immediate dependents

All visas in Section 44(e) of this Act shall be exclusively issued and renewed by the DFA, which
shall also determine the type of E-Visa of Foreign Government Officials not identified in the foregoing
lists. The grant of immunites and privileges shall be subject to applicable domestic and international
law and international agreements to which the Philippines is @ party, as well as in consideration of the
principle of reciprocity:

(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 @
course of study higher than high school at a university, seminary, academy or college accredited to
‘admit such foreign students by the Commission on Higher Education {CHED) in coordination with the
Bureau;

(g) Prearranged Employment (G Visa): Foreign nationals coming to the Philippines on
prearranged employment, including their family members accompanying oF 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 @ work exchange program:

15


{h) Religious Workers (H Visa): Duly ordained or professional missionanes and religious
ministers, including members of their family, coming to the Philippines to join a religious congregation
‘9 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 Accredited international Organizations and Government Agencies (!
Visa): Foreign officials and staff of accredited international organizations, including their dependent
family members, staff, and household members shall be granted | Visas in accordance with the following
categories:

(1) Persons eligible for |-1 Vise: The |-1 Visa shall be issued to the principal officials of
accredited international organizations, as well as their accompanying spouses and
dependents,

(2) Persons eligible for 1-2 Visa: The I-2 visa shail be issued to the other officials and staff
of accredited international organizations, as weil as their accompanying spouses and
dependents,

(3) Persons eligible for |-3 Visa: The 1-3 visa shall be issued to officials and staff of
international organizations who will perform short-term official work with the international
organization upon is invitation, and

(4) Persons etigible for I-4 Visa; The |-4 Visa shall be issued to the private employees and
household members of persons to whom |-1 and |-2 visas have been granted, as well
‘as their immediate dependents.

Accredited international organization includes any public international organization engaged in
activities of which the Philippines participates pursuant to any treaty or under the authority of any act of
"e 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,

All types of visas under Section 44 of this Act shall be exclusively issued and renewed by the
DFA, which shall also determine the type of | Visa of officials and staff of international organizations
that are not dentified in the foregoing list. The grant of immunities and privileges shall be subject to
‘applicable domestic and international law, relevant Headquarters Agreements, and intemational
‘agreements to which the Philippines is a party:

@ Media Workers (J Visa): Foreign media personnel or correspondents, duly accredited by
the government agency concemed, who are bona fide representatives of a foreign press, radio, satelite,
television, film, or other information media, and are coming to the Philippines sovely to engage in
gathering information principally for dissemination abroad, including their family members
accompanying them or subsequently joining them during the period of the assignment in the Philippines;

(kK) Exchange Visitors (K Vise): Foreign nationals entering the Philippines to teach, study.
observe, conduct research or receive training in a specific Exchange Visitor Program culy approved by
the Philippine Government,

(1) Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined in this Act and
in the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol shall be issued L-1
Visas. Stateless persons as described in this Act shall be issued L-2 Visas. The President or the
Secretary of Justice, for humanitarian reasons not inimical to public interest, shail have the exclusive
‘authority to admit refugees and stateless persons in such classes of cases and under such conditions
‘as they may prescribe. The President or the Secretary of Justice shall likewise have the exclusive
‘authority to cancel, revoke, or cease the refugee or stateless status of an individual:

16


(m) _ Bridging Visa (M Visa): A temporary visa which atlows a foreign national to stay in the
Philippines after the expiration of the current visa, other than temporary visitor visa under Section 44(a),
‘and white an application for adjustment of status is being processed;

{n) Startup Visa (N visa): Visa issued by the DFA pursuant to Sec. 13. Chapter 3 of Republic
‘Act No. 11337, otherwise known as the “Innovative Startup Act’, which includes the Startup Owner Visa
(N-1 Visa), Startup Employee Visa (N-2 Visa) and Startup Investor Visa (N-3 Visa), and

{0} Special Non-Immigrant visa (O Visas): Such other foreign nationals including their family
members who may be admitted as non-immigrants under special laws, or foreign nationals not
‘otherwise described in this Act who are coming for temporary periods only, and whose admission is
Suthorized by the Board or the President in the interest of the public or for humanitarian considerations
and under such conditions as they may prescribe.

‘All other agencies and offices other than the DFA authorized to issue visas in accordance with
existing laws shal be subject to reportorial requirements as prescribed by the Board. The Board shall
likewise prescribe penalties for violations thereof,

CHAPTER 2
IMMIGRANTS:

SEC. 45. Quota Immigrants. — Subject to the conditions set forth in this Act, there may be admitted
into the Philippines, based upon immigration reciprocity and upon allotment by the Commissioner,
“quota immigrants”, not to exceed two hundred (200) of any one nationality for any one calendar year.
‘The following order of preference shall be observed in the aliotment of quota immigrants:

(a) First Preference: Those whose service and qualifications show high educational
attainment. technical training, specialized experience, or excepbonal ability in the sciences, arts,
professions, or business as would reasonably enhance and contribute substantial benefits prospectively
{o 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 ikewise 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

(6) Fourth Preference: Parents of foreign nationals who are lawful permanent residents of the
Philippines.

SEC, 46. Allotment of Quota. — The Commissioner shall, with respect to the first preference, allot net
more than fifty percent (50%) of the annual quota allotment up to the end of June of each year. Provided,
That if the fifty percent (50%) allotment for the first preference by any nationality is not utilized, the
balance thereof shall be given to the second, third, and fourth preferences for the same nationality in
‘accordance with Section 45 of this Act Any unused quota allotment for a calendar year shall not be
carried over and utilized for the ensuing calendar year.

‘SEC. 47. Basis in Determination of Quota Allotment. — The numerical imitation imposed by Section
45 of this Act shall be on the country of which the immigrant is @ national or a citizen. For purposes of
the quota allocation, the nationality of immigrants possessing dual citizenship may be that of either of
the two countries regarding them as a national or citizen ifthey apply for a visa in a third country. such
immigrants apply for a visa within one of the two countries regarding them as a national or citzen, their
nationality shall be that of the country in which they filed their application for a visa to enter the
Philippines.

SEC. 48, Non-Quota Immigrants. — The following immigrants, known as “non-quota immigrants”, may
be admitted without regard to numerical limitation and immigration reciprocity:

17


(@) The spouse of a Philippine citizen: Provided, That abandanment by the foreign spouse, the
failure to give support by the foreign spouse to the Filipino spouse end family, and the 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) Apperson of Filipina descent regardiess of generation;

{c) A-child bom to @ mother during her temporary visit abroad, the mother being a foreign
national and 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) Acchild bom 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 abcoad to an unrelinquished residence in
the Philippines,

(A) Anatural-bom citizen who becomes a naturalized citizen of a foreign country and is returning
to the Philippines for permanent residence therein, including the spouse and minor children
accompanying or following to join such person; and

(g) Spouse, parent, children, legitimate siblings of a foreign national who is gainfully employed
and holder of a permanent resident status for a period of seven (7) years

CHAPTER 3
NATIVE-BORN FOREIGN NATIONAL

SEC. 49, Status of Children Born to Immigrants. — 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,

SEC. 50, Status of Children Born to Non-immigrants. ~ A child born to parents who are both rion
immagrants 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 the child reaches the age of
‘eighteen (18) years while continuously residing in the Philippines, in which case such child may apply
for naturalization under existing laws or for an appropriate visa.

CHAPTER 4
ADJUSTMENT OF STATUS

SEC. 51, 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 foreign
national lawfully admitted as 2 permanent resident if

(a) the foreign national makes an application for such adjustment,

{b) the foreign national is eligible to receive @ quota or non-quota immigrant visa and is
admissible to the Philippines as a permanent resident, and

(c) 2 quota immigrant visa is immediately available to the foreign national at the me of
applicaton, without the need of first departing from the Philippines.

In all such cases, the personal appearance of the foreign national shail be required during the
consideration of the application

‘SEC. 52. Effect of Approval on 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 tne date of the approval of the application
‘and shall be included as part of the quota for the calendar year in accordance with Section 45 of this

Act.

18


SEC, 53. Adjustment of Status, When Not Allowed. — Adjustment of status under this Act shall not
be applicable to
‘2 A foreign national who has violated or is in violation of immigration laws, rules end
regulations, unless the violation is without the fault of the foreign national or for purely
technical reasons, and
b. transients.

SEC. 54. Loss of Status. - A registered foreign national, except a temporary visitor, who fails to return
to the Philippines within @ perlod of one (1) year from departure shall lose the status granted under this
‘Act. Such foreign national may apply for an extension of the period within which to return prior to its
expiration and pay the prescribed fees and charges in order to maintain the status or type of vise
granted.

CHAPTER 5
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS

SEC. 55. 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 or other travel documents showing their nationality and identity as prescribed by
regulations, a valid visa granted by the Consular Officer, if required, and such other relevant documents
‘as may be required under existing laws, rules, regulations, or multilateral or bilateral agreements,

‘SEC. 56. Conditions and Period of Authorized Stay of Temporary Visitors. — The intial period of
‘authorized stay of a foreign national admitted as @ temporary visitor under Section 44(a) of this Act shall
not exceed fity-nine (58) calendar days from the date of arrival, subject to bilateral, regional and
multilateral visa agreements entered into by the Philippines: Provided, That the conditions for
extensions and total period of authorized stay shall be presonbed by the Commissioner. Provided,
further. That during the foreign national's authonzed stay, such foreign national: (a) shall not take any
‘employment, whether paid or unpaid; (b) shall not establish or join in any business; and (c) shall not
enroll or become a student at a school, college, university, academy, or other educational institution,
unless granted, upon proper application, a conversion to another immigration status provided under this
Act.

SEC. 57. Conditions for Issuance of Pre-Arranged Employment Visas. — A foreign national who is
seeking admission into the Philippines for @ pre-arranged employment shall not be issued @ non-
immigeant visa referred to in Section 44(g) of this Act 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 foreign national is desired and that the
‘admission would be beneficial to the public interest. The petition shall be under oath by the prospective
‘employer or the latter's representative in the form and 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 promptiy transmit the authorization to the
DFA.

SEC. 58. Submission of Crew List and Passenger Manifest. ~ Simultaneous to the vessel's
departure from the port of ongin, the master, captain, agent, owner or consignee of any commercial
vessel arriving in the Philippines shall submit to the Bureau. within a reasonable time prior to such
‘amival, the crew lists, passenger manifests and such other information concerning the persons arriving
‘on such @ vessel. In the same manner and condition, the master, captain, agent, owner or consignee
of any commercial vessel deparbng from any port in the Philippines shall submit to the Bureau, within
a feasonable 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 contain
the appropriate visa granted by the Consular Officer.

SEC. 59, 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
Immigration Officers, any foreign crewmember employed on such vessel and, when required by the
immigration authorities, to detain such crewmember on board after inspection or to remove such

19


crewmember. No crewmember on board such vessel shall be discharged while the vessel is in port
without the permission of the Commissioner.

‘SEC. 60. Permission for Temporary Landing of a Foreign Crewmember. — A foreign crewmember
‘on 2 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 Bureau while the crewmember
‘son land shall be bore by the master, captain, agent. owner or consignee of the carrying vessel.

CHAPTER 6
DOCUMENTATION AND ADMISSION OF IMMIGRANTS

SEC. 61. 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 immigrant visas indicating the date of issue and the period of validity thereof. Immigrant visas
shail 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 bom during the temporary visit abroad of the mother who is a lawful permanent
resident of the Philippines and a holder of a valid re-entry permit. if the child is accompanied by
either parent within five (5) years from the date of the child's birth; and

{c) A foreign national who is returning to an unrelinquished lawful permanent residence in the
Philippines after a temporaty residence abroad and presents for admission a valid re-entry
permit

CHAPTER 7
VISA ISSUANCE.

‘SEC, 62. 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, such foreign national is found to be inadmissible under this Act or any other
law

SEC. 63. Visa Policy. ~ The policies governing the issuance, extension, renewal and conversion of
visas referred to in this Act shall be formulated by the Bureau and the DFA when appropriate, in
consultation with concerned government agencies and offices.

SEC. 64, Visa Issuance Abroad. - All visa issuances abroad shall be done by Consular Officers

assigned at Philippine Foreign Service posts in the following manner.
(a) Upon approval by the Commissioner and recommendation by a Consular Officer, a quota
Immigrant visa may only be issued to a foreign national who has made a proper application
therefor, which shall specify the nationality to which the quota number is assigned, the
immigrent’s particular status in such country, the preference to which the foreign national is
classified, the date on which the validity of the visa shail expire, and such additional information
as may be required; and

(b) The OFA, through its Consular Offices abroad or the Office of the Visa Director, shall
approve the issuance of non-quota immigrant and non-immigrant visas to @ foreign national
who has made a proper application therefor,

‘The issuance of special non-immigrant visas falling under the jurisdiction of @ partcular
government office oF agency can only be done in coordination with and upon recommendation of the
government agency or office concerned.

‘SEC. 65. Requirements for Physical and 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

20


‘SEC. 66, Visa Validity Period. — A single-entry non-immigrant or immigrant vise issued by a Consular
Officer abroad pursuant to Section 64 of this Act shall be valid for a period not exceeding three (3)
months: Provided, That in prescribing the validity period of a single-entry non-immigrant visa, the
Consular Officer may allow a longer validity period based on reciprocity es accorded by the foreign
country 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 onginal visa was issued if the concerned foreign national establishes to the satisfaction of the
Consular Officer that the original immigrant visa was not used during the period of its validity for reasons
beyond the visa holder's control: Provided, That the foreign national is found by the Consular Otficer to
be eligible for another immigrant visa and has paid all the required fees

SEC. 67. Denial of Visa; Grounds — The Consular Officer may deny the appiication for visa if it
appears from the statements in the application or in the documents submitted that the applicant is not
eligible for a visa under this Act. or if the applicant fails to comply with the requirements of any of the
provisions of this Act.

SEC. 68. Revocation of Visa Issued by Consular Officer. — The Commissioner may, for valid cause
‘and upon confirmation by the DFA, revoke a visa issued by any Consular Officer. If the notice of
revocation is not received and the visa holder applies for admission into the Philippines, the admission
or entry of the foreign national shall be determined by the Immigration Officer pursuant to Title IV of this
Act

CHAPTER 8
RE-ENTRY AND EMIGRATION CLEARANCE

SEC. 69. Re-entry. — In all instances when a registered foreign national, except a temporary visitor,
departs or is about to depart temporarily from the Philippines with the intention to return within one (1)
year from departure, the foreign national must secure 4 re-entry permit or, if the authorized stay is less
than one (1) year, a Special Return Certificate, and pay the corresponding fees and charges therefor.

‘SEC. 70. Emigration Clearance. ~ A registered foreign national who departs permanently from the
Philippines shall surrender all Philippine immigration documents and apply for and be issued an
Emigration Clearance Certificate, subject to the following conditions
{e) The immigrant has no pending obligation with the government or any of its agencies or
instrumentalities;
{b)The immigrant has no pending criminal, civil, or administrative proceeding which requires
continued presence in the country, and
{c) There is no ongoing legislative inquiry where the immigrant is called upon to testity as a
witness.

Atemporary visitor departing trom the Philippines shail, after the expiration of the initial authorized
stay, apply for emigration clearance and pay the prescribed fees and charges therefor.

CHAPTER 9
PRESIDENTIAL PREROGATIVES
SEC. 71, Presidential Prerogatives. — Any provision of this Act to the contrary notwithstanding, the

President may.
{a) Deny the entry and admission into the Philippines of, or impose such restrictions as may
be deemed appropriate on, any foreign national or a class of foreign nationals, whenever the
President finds that such entry would be detrimental to the interest of the Philippines;
(0) Waive passport or documentary requirements for non-immigrants and immigrants under
such terms and conditions as may be prescribed,
(c) Change the status of non.immigrants by allowing them to acquire permanent residence

(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

may be prescribed;

21


(f) Prohibit the departure from the Philippines of any person who is likely to disclose
information affecting national security, 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,

THLE IV
PROVISIONS RELATING TO ENTRY

‘CHAPTER 1
CLASSIFICATION OF PORTS OF ENTRY

SEC. 72. 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 foreign nationals may be admitted into the Philippines. Only such classes of foreign nationals 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. 73. Inspection by Immigration Personnel, — A foreign national seeking admission or
readmnission shall present a 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 foreign national, may be challenged by another Immigration Officer
‘on any ground provided in this Act. The final determination on the admissibility of such foreign national
‘shall be determined by the Commissioner within forty-eight (48) hours in case no resolution is reached
between the Immigration Officers on the challenged admission. In case of admission, the Immigration
Officer shall incicate in the passport the date, the port of entry and the identity of the vessel boarded,

‘SEC. 74. Detention or Quarantine for Examination. — For the purpose of determining whether @
foreign national arriving at any port in the Philippines belongs to any of the classes excludable under
this Act by reason of being afflicted with any of the contagious or communicable disease or mental
disorder as set forth under Section 84(a) of this Act or whenever the Commissioner has received
information showing that foreigner nationals are coming from a country or a place where any of such
diseases ere prevalent or widespread, the foreign national shall be detained or quarantined for @
reasonable period of time to enable the immigration and medical officers to subject such person to
‘observation and examination.

SEC. 75, Medical Examination Requirement. ~ Any erriving foreign national whom the examining
Immigration Officer believes to belong under the ciass of excludable foreign nationals specified in
Section 84(a) of this Act shall be referred to designated medical officers for physical and mental
examination. Such medical officer shall certify the findings of the examination for the information of the
Immigration Officer

SEC. 76. 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 anc crew
members to disembark or leave the primary inspection area untit the Immigration Officer shall have
conducted the primary inspection formalities,

CHAPTER 3
FOREIGN CREWMEMBER

22


SEC.77. Conditional Permit to Disembark. — A foreign crewmember of a vessel under Section 44(c)
of this Act may be granted a conditional permit, in @ form prescribed by regulations, to disembark
temporarily from the vessel on which such crewmember arrived while the vessel remains in port under
such terms and conditions as may be prescribed by the Commissioner.

‘SEC. 78. Confiscation and Cancellation of Permit; Deportation from the Philippines. — Upon the
determination that the foreign national is not a bona fide crewmember or does not intend to depart on
the vessel that brought him, the Commissioner shail cance! and confiscate the conditional permit
already issued, take such foreign national into custody, and require the owner, operator, captain,
master, pilot, agent or consignee of the vessel on which the foreign national arrived to receive and
detain the foreign national on board. The expenses for removal of the foreign national, including the
cost of detention and other expenses incidental thereto, shail be borne by the owner, operator, captain,
master, pilot, agent or consignee of such vessel

SEC. 79. Liability for Overstaying Foreign Crewmen. — A foreign crewmember who remains in the
Philippines in excess of the period allowed in the conditional permit issued shall be solidarily liable with
the owner, operator, captain, master, pilot, agent or consignee of the vessel for the payment of the
penalties prescnbed in Section 127 of this Act

‘SEC, 80. Liability for Unauthorized Discharge of Foreign Crewmember — It shail be unlawful for
any person, including the owner. operator, captain, master, plot, agent or consignee of any vessel, to
discharge any alien employed as a crewmember on a vessel arriving in the Philippines 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 such fines as may be prescribed under
this Act. No 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 fo such determination upon deposit of a sum or cash bond sufficient to cover such fines as
‘approved by the Commissioner.

SEC. 81, 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 wrting, to
the Immigration Officer all cases of desertion or illegal disembarkation in the Philippines from the vessel,
together with a description of such foreign nationais and any information that shail result in their
apprehension.

SEC. 82. Requirement for Submission of List of Newly Employed, Discharged and Wegally
Landed Foreign Crewmembers. — 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 who have been discharged, if any;

(c) The names of those who have deserted or illegally tanded at that port, if any; and

(d) Such other additional information as the Commissioner deems necessary.

‘SEC. 83. Liability for Failure to Submit Complete, True and Correct Report. — The owner, operator,
captain, master, pilot, agent, or consignee who fails to submit a rue and complete list or report of foreign
nationals or to report cases of desertion or illegal landing shall pay such sum as may be prescribed
under Chapter 6, Title VI of this Act. No vesse! shall be granted clearance to depart fram any port in the
Philippines white 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. 84, Exclusion Grounds - The following classes of foreign nationals shail not be allowed entry
and shall be excluded from the Philippines on the following grounds.

(a) Health Related Matters

23


(b)

{c)

(a

Those who are found to be suffering from a communicable, dangerous or
contagious disease, unless excepted under existing laws, rules and r :
Those who are found to be suffering from mental disorder or mental health
‘associated behavior that may pose a threat to persons or danger to property:
Those who are found to be suffering from addiction to prohibited or regulated
‘substance:

Economic Concems:

7
2

Those likely to become a public charge:

‘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;

Moral Issues
1

Cri
1

on

Those coming to the Philippines to practice polygamy or who advocate the
practice of polygamy unless the person's religion allows such practices;

Those who are pedophiles, sexual perverts or those coming to the Philippines for
immoral purposes;

‘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;

‘Those who, at the time of primary inspection by the Immigration Officer, exhibit
‘any contemptuous or disrespectful behavior towards the said officer or any
government official or employee of the Bureau,

iminal and Security Considerations
‘Those who have been convicted of a crime involving moral turpitude or who admit
to the Immigration Officer having committed ‘such crime. of who attempt and
conspire to commit the crime;
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 @ foreign country relating toa
controlied, regulated or prohibited substance, or who admit having attempted or
conspired to commit the crime;
‘Those that the Philippine Government knows or has reason to believe are or have
been (i) traffickers of any controlled, regulated or prohibited substance, or (ii)
‘accomplices, accessories, abettors, or co-conspirators in the illicit trafficking of
any controled, regulated or prohibited substance;
Those who are fugitives from justice;
‘Those who seek to enter the Philippines to engage in.
@. espionage or sabotage, or @ violation or evasion of laws prohibiting export ot
goods, technology oF 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
any other untawful activity:

a
6. Those who are engaged or believed to be engaged or likely to engage in, aid, abet

or finance any terronst activity and members of representatives of a foreign terrorist
organization;

Those who have been identified by competent authorities, local or foreign, as
having engaged or are engaging in human trafficking and smuggling;

‘Those who are under fieen (15) years of age and unaccompanied by or not
coming to join a parent, except that they may be admitted at the discretion of the
‘Commissioner, if otherwise admissibie: Provided, That they present a wntten
consent to travel from either parent citing the purpose thereof and affirmed by &
Consular Officer; and

Those wno 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

24


SEC. 85. Temporary Custody of Excludable Foreign Nationals. — For the purpose of ascertaining
‘whether a foreign national arriving in the Philippines belongs to any of the excludable classes of foreign
rational provided in this Act or related laws, the Immigration Officer, for @ period not exceeding seventy-
‘two (72) ours, may temporarity take into custody for investigation such foreign national either on board
the vessel or at a place designated for the purpose at the expense of the master, captain, agent, owner
‘of consignee of the carrying vessel.

SEC. 86, Finality of Exclusion Order. — An order by the Immigration Officer to exclude a foreign
national who is excludable under this Act is final and executory unless revoked by the Commissioner
upon a timely appeal prior to the Implementation of the exclusion order

SEC. 87. Authority to Waive Grounds for Exclusion. — Except for grounds of exclusion under
Section 84(d), subparagraphs 1 to 7 and 9, the Commissioner may waive any of the grounds for
exclusion mentioned in Secton 84 of this Act.

SEC. 88. Procedure of Removal and Cost Thereof. - Foreign nationals arnving in the Philippines
who are ordered excluded shall be immediately removed to the country where they boarded the vessel
‘on which they arrived, in accommodations of the same class, uniess the Commissioner determines that
immediate removal « not proper and practicable pursuant to applicable Conventions, laws, rules and
regulations, in which case such exclided foreign nationals shall be ordered detained. The cost of
removal, detention and other expenses incidental thereto shail be borne by ihe owner, operator, master,
pilot, captain, agent. or consignee of the vessel on which such foreign nationals arrived.

‘SEC. 89. Country Where Removal is to be Directed. — \f the government of the country designated
in the preceding section will not accept the foreign national into its territory, the removal of the foreign
rational shall be directed, at the Commissioner's discretion to any of the following,

(a) The country of which the excluded foreign national s a citizen or national,

(0) The country of birth;

{c) The country of the foreign nationals habitual residence; or

{) The country willing to accept the forsign national into its territory, if removal to any of

the foregoing countries is impractical or impossible.

‘SEC. 90. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or Consignee. — It shell be
Unlawtul for en owner, operator, master, captain, pilot, agent, or consignee of a vessel to refuse or fail
to
(a) Board a foreign national ordered excluded and removed in the same vessel or another
vessel owned or operated by the same company,
(©) 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,
(©) Deliver a foreign national for medical or other examinations when so ordered by an
Immigration Officer,
(G) Remove a foreign national from the Philippines to the country to which the individual's
removal has been directed; or
(e) Pay the cost of detention and such other costs and expenses necessary or incidental
to the removal of the excluded foreign national as provided in this Act.

‘SEC. 91, Penalty for Non-compliance of Obligation. — The owner, operator, master, captain, pilot,
‘agent, of consignee of a vessel who violates Secton 90 of this Act shall pay the fines prescribed in
Chapter 6, Title VI of this Act. No vessel shail 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 priar to such determination upon deposit of a sum or cash bond sufficient to
cover such fines as approved by the Commissioner

TITLE
DEPORTATION

CHAPTER 1
DEPORTABLE FOREIGN NATIONALS

25


SEC. 92. Classes of Deportable Foreign Nationals. - The following foreign nationals shell be taken
into custody upon the order of the Commissioner and deported upon recommendation by the BSI and
approval by the Board:
(a) Those who entered the Philippines: (1) by means of misrepresentations or false or
misleading statements or cocuments, or (2) without inspection and admission by the
immigration authorities;
{b) Those who were not lawfully admissible at the time of entry;
(c) Those who abet or aid in the practice of prostitution, including the owner or manager of
‘a prostitution den, or who are pedophiles;
(a) Those who, at any time after the date of entry, have become @ public charge,
(e) Those whe remain in the Philippines in violaton of any period of lirmtation or condition
under which they were admitted:
() Those who believe in, advise, advocate, teach, or otherwise engage in any activity the
Purpose of which is the opposition to, or the controt or overthrow of, the Government of the
Republic of the Philippines or any of its duly constituted authority by force, violence, or other
unlawful means, 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, or those
‘who advise, advacate or teach the uniawful 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;
() Those who, at any time after entry, engage in, abet, aid or finance any terrorist activity;
(h) Those who, at any time after entry, are charged of a crime involving acts or omissions
punishable under Philippine penal laws cognizable by the Regional Trial Courts and the
Sandiganbayan,
(i) Those who, at any time after entry, ere convicted by final judgment of a crime involving
moral turpitude punishable under Philippine penal laws;
(i) 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;
(k) Those who viotated Philippine labor and taxaton taws, rules and regulations;
() Those who are found to be undesirable and whose further stay in the Philippines is
inimical to public welfare and interest, or the dignity of Filipines or the Republic of the Philippines
as a sovereign nation,
(m) Those who forge, countertelt, 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 ar receive @ genuine
document, even of another person, without authority to do so for the purpose of satisfying or
‘complying with the requirements of the Bureau;
(n) 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:
(0) Those who misrepresented themselves as Filipino citizens in all immigration matters; and,
{p} Those who commit any violation of the provisions of this Act, independent of any criminat
ction which may be braught against them: Provided, That in the case of e foreign national who,
for any reason, is convicted and sentenced to suffer both imprisonment and deportation, said
foreign national shall first serve the entire period of the sentence before being deported,

CHAPTER 2
DEPORTATION PROCEEDINGS

‘SEC. 93, Nature of Deportation Proceedings. ~ Deportation proceedings shall be independent of any
action that may be instituted against a foreign natonat Provided, That no deportation order shall be
issued against foreign nationals facing preliminary investigation, prosecution and trial before competent
authorities,

SEC. 84. Non-Prescription of Deportation Cases. ~ The right of the State to initate deportation
proceedings shall not prescribe

26


SEC. 95. Formal Charge of Deportation. ~ A formal charge for deportation shall be issued upon
determination of the existence of a prima facie case against the foreign national.

SEC. 96. Bail. — Pending final determination of the foreign national's deportation case, the foreign
national shall, upon the discretion of the Commissioner, remain under detention or be released on bail
or recognizance. The bail may be revoked end confiscated in favor of the government if there is
sufficient evidence that the foreign national is evading the proceedings or is attempting to abscond. in
‘which case such foreign national shall be taken into custody and placed under detention by order of the
‘Commissioner.

SEC. 97. Custody of a Foreign National Convicted of a Felony or an Offense. ~ After service of the
sentence or compliance with the conditions of parole or probation, as the case may be, the foreign
national shall be taken into custody for immediate deportation by order of the Boar

SEC. 98. Voluntary Deportation, When Authorized. ~ The Commissioner may waive the deportation
proceedings and order the departure of the foreign national within the period specified in the voluntary
Geportation order if the foreign national does not contest the formal charge and opts to voluntarily leave
the country and pays for all expenses: Provided, That the foreign national has not committed any
criminal offense or has no pending crminal investigation: Provided, further, That the said foreign
‘rational so deported shall be barred from re-entering the country without prior written authorization from
the Commissioner.

SEC. 99. 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
fexecutory. If deportation is not enforced within the prescribed period, the foreign national may be
released on bail or recognizance.

‘SEC. 100. Suspension of Deportation Order. - The Commissioner may suspend the implementation
‘of the deportation order and order the release of the foreign national on bail or recognizance, taking
into account the following factors:

(2) Age, health, family or conduct;

{0} Period of detention;

{c) Impact on national security and public welfare;

(d) _ Unavaltability of travel documents,

{e} Existence of an application for refugee or statelessnes

cu) ‘Other humanitarian considerations.

SEC. 101. Reinstatement of a Deportation Order. ~ A deportation order previously implemented
‘aganst a foreign national who unlawfully re-entered the Philippines shall be deemed automatically
feinstated and shall be implemented in accordance with this Act. This provision shall also apply to 2
foreign national who departed voluntarily under Section 98 of this Act and re-entered the Philippines
unlawfully or without prior wnitten authorization from the Commissioner,

SEC. 102. Country of Destination of a Deportes. ~ Except as provided for under an existing treaty
or international agreement, a foreign national shall be deported to the country of which the person is &
citizen or national, or foreign natonal’s country of birth, or the country of which the individual is a
resident, or the country from which the individual embarked for the Philippines, subject to the
acceptance by the receiving country

status; or

SEC. 103. Cost of Deportation. - The owner, operator, captain, master, pilot, agent or consignee of
vessel shail bear the cost of deportation of any of its foreign crewmembers deemed Geportable under
Section 92 of this Act, in all other cases, the cost of deportation shall be borne either by the deportes,
by the concerned consular office, nongovernment organizations or people's organizations with which
the Bureau has an agreement on this matter, or shall be charged to the appropriations for the
implementation of this Act.

‘SEC. 104. 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 the foreign national's country of
destination, ‘or to shoulder the cost of deportation of the foreign crew member as provided in the

27


preceding Section, shatl be subject to the administrative fines prescribed under Chapter 6, Title Vi of
this Act

SEC. 105, Designation of Accompanying Person. ~ The Commissioner may, for seourty reason ot
by reason of the mental or physical condition of the deporte, direct an employee of the Bureau to
‘accompany such deporte ta the country of the deportee’s destination, subject to the provisions of
Section 103 of this Act.

CHAPTER 3
INDIGENT FOREIGN NATIONAL

SEC. 106. Removal of indigent Foreign National. — At any time after entry, the Commissioner may
remove indigent foreign nationals from the Philippines to either the country of which they are citizens or
nationals, their country of birth. or their country of residence, as the case may be. The cost of deportation
may be charged against the available funds of the Bureau. Any foreign national removed under this
section shall be barred re-admission except upon wnitten authorization of the Board.

This provision shall not apply to a foreign national declared as an indigent by any Philippine
court for purposes of filing @ case or to pursue an action which resulted in the individua’'s indigency unt
such case or action is resolved with finality: Provided, That no other grounds for deportation exist during
the pendency of such case or action.

TITLE VI
MISCELLANEOUS PROVISIONS

CHAPTER 1
REGISTRATION OF FOREIGN NATIONALS

SEC, 107. Requirement of Registration — All foreign nationals, regardiess of eny exemption
provided by law, shall register with the Bureau or any Immigration Office nearest to their place of
residence on or before the sixtieth (60") day of their latest arrival in the Philippines.

SEC. 108. Registration Form and Oath. — Applications for registration shall be under oath and in
such form as prescribed by the Bureau. Upon registration, a certificate of registration shail be issued to
the registrant. In case of loss or destruction of the certificate, @ replacement certificate may be issued
by the Bureau upon proper application and payment of prescribed fees

SEC. 109. Amendment of Registration. — Registered foreign nationals shall notify the Bureau in
‘writing of any change of information in their registration documents not later than seven (7) days from
such change.

SEC. 110. Presentation of Certificate of Registration. — Every foreign national required to register
Under this Act or the parent or guaraian of such foreign national shall, upon demand by any personnel
authorized by the Commissioner. present a certificate of registraton of such individual, and failure to
do so without justifiable cause shall be dealt with in accordance with the provisions of this Act.

SEC. 111. Reportorial Requirements. — Every foreign national registered under this Act shail, within
the first sixty (60) days of every calender year, report in person to the Bureau. The Commissioner may
‘exempt personal appearance of foreign nationals registered under this Act subject to certain
requirements and conditions as may be prescribed in the rules ang regulations issued for the purpose,

SEC. 112. Failure to Comply with Requirements. — A foreign national, or the parent or guardian of
the foreign national, who, without justifiable reason, fails 10 comply with all the requirements under this
‘Act. or who files an application for registration containing statements known by the individual to be false,
‘of who utilizes registration documents other than that of the individual, shall be dealt with in accordance
with the provisions of this Act and other existing laws.

‘SEC. 113. Cancellation of Registration of Foreign National. — In case of death of @ foreign national
registered under the provisions of this Act. the legal heir, representative or administrator of the foreign
national must inform the Bureau within sixty (60) days from such death, and the Bureau shall cancel
the registration of the deceased foreign national. The Local Civil Registrar or other civil registry officer

28


of the locality where said foreign nations! died shail furnish the Bureau 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 specified in this Section shall be dealt with pursuant to the provisions of
‘existing laws.

CHAPTER 2
BONDS AND DEPOSITS

SEC. 114, Bonds, When Required. — The Bureau shall have the authority to require cash bonds in
such amounts and under such conditions as it may prescribe in order to:
(a) control and regulate the admission into, and departure from, the Philippines of foreign
nationals applying for temporary admission:
(b) insure against foreign passengers liable to be excluded as likely to become public
charges; and
{c) ensure the appearance of foreign nationals released from custody during the course of
deportation proceedings instituted against them,

SEC. 115. Requirement of Cash Deposits for Services Rendered. — The Bureau shall ikewise have
the authority to require cash deposits in such amounts as may be necessary from a vessel's owner,
operator, captain, master, pilot, agent. or consignee or other persons served for services rendered as
established by the implementing rules and regulations.

SEC. 146. Cancellation and Forfeiture of Bonds. - When the conditions of the bond are fulfitieg, or
in case the Commissioner determines that the likelihood that a foreign national shall become @ public
Charge no longer exists, or in case of death of the foreign national in whose behalf the bond is posted,
the bond shall be cancalied and released to the depositor or the legal representative of the foreign
national. In case of violation of the conditions of the bond, the same shall be forfeited and deposited in
2 trust fund account which may be utilized for the purchase of passage tickets for the removal of indigent
foreign nationals and to cover the costs of operations in locabng deportes who jump bail

CHAPTER 3
RECOGNIZANCE

SEC. 117. Petitions for Recognizance, Sanction for Breach of Conditions. — The Commissioner
may order the release of a foreign national upon recognizance of the foreign national's lawyer or @
person who is of good standing in the community, under such terms and conditions as the Board 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 (50,000.00) but not more than One hundred
thousand pesos (P'100,000.00), without prejudice to other administrative sanctions or proceedings
against the erring party,

CHAPTER 4
COOPERATION AND COORDINATION WITH OTHER OFFICES

SEC, 118. Working in Cooperation with the DFA. ~ The Bureau shall work closely and in cooperation
with the DFA for purposes of efficient implementation and administration of this Act

SEC. 119. Working in Cooperation with the CHED. — The Bureau s shall work closely and in
cooperation with the CHED with respect to the accreditation of schools and learning centers for
‘enrollment of foreign students as authorized under this Act.

SEC. 120. Working in Cooperation with the Civil Aviation Authority of the Philippines (CAAP). ~
The Bureau shail work closely and in cooperation with the CAAP with respect to accreditation of flying
‘schools for the enrollment of foreign students.

SEC. 121. Coordination with Law Enforcement, Security and Other Offices. — The Bureau shall
have the authority to maintain coordination with the National Secunty Council, the Philippine National
Police (PNP), and other law enforcement agencies of the government.


CHAPTER 5
FEES AND CHARGES

SEC. 122. Authority of the Board to Prescribe, Impose and Collect Fees and Charges. — The
Board is authorized to prescribe, impose. and collect fees and charges for services rendered, pursuant
to the provisions of this Act

SEC. 123. Fine for Failing to Submit Crow List or Passenger Manifest, or Failure to Account
Every Passenger and Crew. — Any owner, operator, master, captain, pilot, agent, or consignee of @
vessel arriving at any port in the Philippines from a place outside thereof who fails to submit to the
immigration authorties a complete and accurate crew lst or passenger manifest, or fails to produce or
‘account every crewmember of passenger whose name appears in said list or manifest shail be subject
to fines of One hundred thousand pesos (P 100,000.00) and Fifty thousand pesos (50,000.00) for each
unaccounted person, respectively.

SEC. 124. Fine for Violation of Obligation on the Landing or Removal of Foreign Nationals. —
Any owner, operator, master, captain, pilot, agent, or consignee of any vessel arriving at a port of the
Philippines from a place outside thereof having a foreign national on board in violation of this Act shail
be fined not less than Fifty Thousand pesos (50,000.00) but not more than Two hundred thousand
pesos (200,000.00) for each act or violation consisting of:
(a) | Failure to prevent the landing of such foreign national in the Philippines at any time or
place other than as designated by the Immigration Officer,
{0) Refusal or failure to detain @ foreign national on board any such vessel at the port of
arrival when required by this Act or so ordered by an Immigration Officer,
(c) _ Refusal or failure to deliver a foreign national for medical or other examinations when so
ordered by an Immigration Personnel,
(a) Refusal or faiiure to pay the cost of maintenance and other costs, as required by this Act,
of such foreign national when temporarily removed from the vessels for examination by order
of the Immigration Officer,
{e) Refusal to receive such foreign national on board for removal from the Philippines if the
foreign national is excluded, or to pay the cost of removal as required under Sections 90 and
104 of this Act,
(f) Refusal or failure to take on board. guard safely and transport the deportee to the foreign
pational’s country of destination, or to shoulder the cost of deportation of the foreign crew
member,
(a) Making any charge against such foreign national for the cost referred to in (d) above, or
for the cost of the removal of the foreign national from the Philippines ifthe latter is excluded or
taking any security from the foreign national for the payment of any such costs,

SEC. 125. Fine for Bringing Undocumented Foreign National, or Foreign National Afflicted with
Communicable or Contagious Disease, or Suffering from Mental Disorder. — The owner, operator.
master, captain, pilot, agent, or consignee of the vessel arriving at a port in the Philippines from place
outside thereof bringing on board an undocumented foreign natonal shall be fined One hundred
thousand pesos (100,000.00) for each foreign national. If the foreign national is afficted with a
‘communicable or contagious disease or is suffering from mental disorder, the fine shall be not less than
Two hundred thousand pesos (200,000.00) but not more than Three hundred thousand pesos
(300,000.00) for each foreign national

SEC. 126. Fine for Bringing a Foreign National to Assist His illegal Entry or Misrepresenting 2
Foreign National as a Member of the Crew — The owner, operator, master, captain, pilot, agent. or
‘consignee of the vessel arriving at any port in the Philippines from a place outside thereot bringing on
board a foreign national bound for the Philippines to assist the illegal entry of the foreign national, or
misrepresenting the foreign national 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 (P'190,000.00) but not
more than Two hundred thousand pesos (P200,000.00) for each foreign national

30


‘SEC, 127. Fine for an Overstaying Crewmember. — Any foreign crewmember who willfully remains
in the Philippines beyond the period allowed for temporary landing shall be fined not less than Fifty
thousand pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00). The
‘owner, operator, master, captain, pilot, agent, or consignee of the vessel shall be solani able for the
fine imposed on such overstaying crewmember.

SEC, 128. Fine for Assaulting an Immigration Personne! — Any form of assault directed to any
personnel of the Bureau is an act of disrespect. In case the assault is committed by a foreign national
Bt the ports of entry and exit, such foreign national shall be excluded or deported, as the case may be,
land shall be fined Two Hundred Thousand Pesos (P200,000.00) without prejudice to the right of the
‘aggrieved Immigration Personnel to file appropriate criminai, civil or administrative cases against such
person

For purposes of this Act, an Immigration Officer shail be considered a person in authority white
In the performance of official duty.

SEC, 129. Fine for Violation of Other Provisions of this Act — The owner, operator, master, captain,
pilot, agent, or consignee of any vessel arriving at any port of the Philippines from a place outside
thereof who violates eny other provision of this Act not specifically provided in this Chapter shall be
fined not less than Fifty thousand pesos (50,000.00) but not more than Two hundred thousand pesos
(200,000.00) for each violation.

CHAPTER
PENAL PROVISIONS

‘SEC, 130. Prohibited Acts and Penalties. — Any person who shall commit any of the acts specified
hereunder shall, upon conviction, suffer the penalty of imprisonment for not less than five (5) years but
not more than ten (10) years, or a fine of not less than One hundred thousand pesos (100,000.00) but
not more than Five hundred thousand pesos (500,000.00), or both imprisonment and fine, at the
iscretion of the court:
{a} Impersonating another individual, or falsely appearing in the name of a deceased
individual, oF evading immigration laws by using an assumed or fictitious name when applying
for an immigration document,
{b) Issuing or otherwise delivering an immigration document or an immigration accountable
form to any person not authorized by law to receive such documents,
(c) Obtaining, manufacturing, printing, accepting or using any immigration or travel document
knowing it to be false. or using an immigration accountable form that is not legally issued;
(d) Entering or leaving the Philippines without inspection and admission by the immigration
authorities, or obtaining entry into or departure clearance from the Philippines through fraud,
mistepresentation, or concealment of material facts,
(@) Misrepresenting oneself to be a citizen of the Philippines;
(f) Knowingly making any false staternent under oath regarding any immigration matter, or
(g) Bringing into, or landing in the Philippines, or concealing, harboring, employing, or giving
Comfort to, any person not duly admitted by an immigration Personnel or not lawfully entitled to
enter into or reside within the Philippines, or attempting, conspiring with, or aiding another to
commit any such acts.

Where the offender of any act specified in paragraph (g) of this section is a corporation,
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 owner, operator, master, captain, pilot, agent, or consignee, or other person in
charge of the vessel that brought the foreign national 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 Bureau, Where forfeiture is justified under the
particular ciecumstances 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
tesult in the automatic revocation or cancellation of any immigration document issued to the offender,
including that of the foreign national’s spouse and unmarned children, if applicable

31


‘SEC. 131. Penalty for Aiding the Escape of Detained Foreign National. — Any person who shall
de found to have helped, assisted, supported, caused or ministered the escape, including harboring
‘and concealing, of a foreign atonal shall, upon conviction, be imprisoned for not less than five (5)
‘but not more than ten (10) years and a fine of not less than Two hundred thousand pesos
{P200,000.00): Provided, That if the person fiable is a foreign national, such person shall be deported
after service of sentence: Provided further, That any tools. equipment, implements or vehicies used in
the escape of a detained foreign national shall be destroyed or forfeited in favor of the government.

‘SEC. 132. 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 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. 133. 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 in relation to any violation or circumvention of any provision of this
‘Act shall suffer the maximum penalty under the said Republic Act or other laws against corruption and
bribery, as the case may be.

CHAPTER 8
UPGRADING OF POSITIONS, COMPENSATION AND BENEFITS

SEC. 134. Creation of New Positions, Reclassification of Existing Positions and Upgrading of
‘Levels. - The following positions in the Bureau are hereby created, and the existing positions
reclassified or upgraded, with the corresponding salary grade levels;

EXISITING POSITION RECLASSIFIED POSITION’ ‘SALARY
NEWLY CREATED POSITION GRADE
From | To.
‘Commissioner Commissioner il 30 30
Deputy Commissioner Deputy Commissioner Ill 29 23
Director i, Internal Afairs Service 2
‘Attomey V (Board of Special inguin) | _ Attorney V. Board of Special Inquiry Py roy
‘Attomey IV (Board of Special Inquiry) ‘Attorney IV, Board of Special inquiry [23 | 23
[Attomey lll (Board of Special Inquiry) ~ Attorney Ill, Board of Special Inquiry 2 21
‘Attorney V (Legal Division) z Chief Legal Affairs Officer 25 25
‘Attorney TV (Legal Division) ‘Aitorney IV, Legal Division {23 23.
‘Astomey lit (Lega! Division) ‘Attorney Ill, Legal Division ("2124
Chief Administrative Officer 2 2
‘Acministrave Dvision) Chief Administrative Officer
‘Supervising Administrative Officer Supervising Administrative Officer, B z
(Aaministrative Division) ‘Administrative Division
‘Chief Immigration Officer | cy ws
eS Ses Bag
nl
| raigerce Oven Chief Immigration Intelligence Officer
‘Chief immigration Law Enforcement m4
Chief Immigration Officer —_ wm) 2
{Por Operstons Dvision) Chief immigration Operatons Officer
‘Chief immigraton Officer oy 2
{Immigration Regulaton Divison) Chief Immigration Regulation Officer ae

32


Chief Human Resource Management Pa
Officer (Chief Personne! Specialist) _|
‘Supervising Human Resource a
Mar
—_ coe
Chief Administrative Officer = cry m4
| {Finance and Management Division) Gilet Rineres and Logistics Oreey: it
‘Supervising Administrative Officer Supervising Administrative Officer, ca
| {Finance and Management Division) Finance and Logistics Division =
| Planning Officer V 2 Pry
| (Planning and Pokcy Otvision) Chief Pianning and Research Officer
Panning Officer IV (PPD) Pianning and Research Officer IV 2 PI
Planning Officer lil (PPD) Planning and Research Officer Ii 18 18
Planning Officer il (PPD) Planning end Research Officer It 15 15
Planning Officer! (PPD) Pianning and Research Officer | 11 1
Bi.
information Technology Officer I Chief information and Communications | 24 34
(Management information System Div) Te Officer
Information Technology Officer information Technology Officer 8 cy
Information System Analyst Information System Analyst li 16 18
[ H
‘Supervising immigration Officer
(IRD. ARD. POD) Supervising Immigration Officer 2 22
Intelligence Officer IV
‘Senior Immigration Officer i Senior immigration Officer 1 20
Immigration Officer tit -
intelinenes: Oftcer il 1 Immigration Officer i 16 18
T
Immigration Officer i j
Intellgence Officer Immigration Officer 11 8 1%
{ Special investigator I
Immigration Officer 7
inteligence Officer |
‘Special Investigator 1 1 Immigration Officer | ” 13
Inteligence Agent il
Immigration Agsistant =
‘Administrative Officer V
(Administrative Officer ill) |
‘Administrative Officer V
(Cashier tit)
‘Administrative Officer V
(HRMO Ill)
‘Administrative Officer V |
(Records Officer It) Administrative Officer V ‘i ‘a |
‘Administrative Officer V
(Supply Officer Il!)
‘Administrative Officer V
(Procurement)
‘Administrative Officer V
(Management and Audit Analyst i!)
scrameatis Officer V
| (Budget Officer i)

33



Medical Officer Ii Medical Officer il 7 zi
Information Technology Officer 1 15 19

Dentsti 7 17

Fingerprint Examiner IV Fingerprint Examiner IV 46 + 15
[Accountant it ‘Accountant Ill 19 19
‘Accountant I ‘Accountant I 16 16
‘Accountant | ‘Accountant | 12 12
Board Secretary V Fz

Programs Coordinator 22

Training Specialist lit 18

Psychologist lil 18

‘Document Examiner I 18

Training Specialist Il 45

Project Development Officer I 15

vst i ] 35

Security Officer i T 15

Computer Programmer | W

Upon the recommendation of the Commissioner, and subject to existing civil service rules and
regulatons, the Secretary of Justice shall reorganize, upgrade, or otherwise make adjustments in the
offices of the Bureau as required by the implementation of this Act: Provided, That to the extent possible,
the incumbent chiefs of sections and divisions whose offices are hereby affected may be upgraded to
Positions of comparable rank in the reorganizabon: Provided. further. That for the new positions created
Under this Act, the Board shall designate the personnel thereof

SEC. 135. Additional Grant of Benefits. —The Bureau shall provide its employees with the following
benefits:

(1) Night shift differentia! which shall be subject to existing guidelines; and
(2) _ Overtime pay for actual work rendered in accordance with the existing OBM rules and
regulations,

SEC. 136. Retention and Use of Immigration Fees, Fines and Other Income; Immigration Trust
Fund. — The Board is hereby authorized to retain and use every year thirty per cent (30%) of its
Collections from immigration fees. fines and penalties, and other income that may be collected by the
Bureau for the effective implementation of this Act; Provided, That the amount so retained and used by
the Board shall not exceed One bition two hundred million pesos (P1,200,000,000.00) every year,
Provided, further, that the Board shall review every three (3) years the maximum allowable retained
collections based on the needs of the Bureau under this section, subject to the approval by the DEM;
Provided, finally, that any excess in the collections under this paragraph shall accrue to the general
fund of the national government.

There is hereby created an Immigration Trust Fund (ITF) sourced from the collections
mentioned in this section. The ITF shall be administered by the Board in accordance with existing
government auditing rules and regulations, and shail be used exclusively as follows:

(2) 50% for the modernization of equipment, facilities and offices used by employees of the

Bureau, including capital outlay for the establishment of new buildings and field offices for the

effective implementation of this Act,

{b) 30% for the payment of employee benefits provided in this Act, and as may be hereafter

provided by the Board with the approval of the Secretary of Justice: and

(c) 20% for the further professionaiization of the employees of the Bureau including trainings,

‘seminars and other career advancement programs,

Alll interest income, dividends and earnings accrued from the ITF shall also form part of the
Fund. No portion of the ITF shall revert to the general fund of the National Government, except when

the ITF is no longer necessary for the purposes for which it was established
Collections from express lane fees under Section 11(0) of this Act shall nat form part of the ITF.

and shall be used strictly in accordance with the said provision.

4



CHAPTER 9
TRANSITORY PROVISIONS:

SEC. 137. Interim Period. — The incumbent Commissioner and the two Deputy Commissioners, if
qualified under this Act, shall continue to discharge the functions of their position unless otherwise
removed by the President All personnel of the present Bureau of Immigration shalt continue to
discharge the functions of their positions pending the reorganization as provided in this Act.

‘SEC, 138. Reorganization of the Bureau. — Upon approval of this Act, all employees of the Bureau
of Immigration covered by civil service rules and regulations shall continue to hold their present
positions pending the reorganization of the Bureau in accordance with the new staffing pattern:
Provided, That the salaries, wages, allowances and other benefits of incumbent officers and employees
of the Bureau shail not be subject to diminution: Provided, further, That employees who have been
dismissed for cause shall no longer qualify for any position in the Bureau.

‘SEC. 138, 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
‘vansferred to the Bureau.

SEC. 140. Force of Treaty or Agreement. ~ Any treaty or agreement entered into between the
Philippines and any foreign state before the effectivity of this Act shail remain in force and effect.

‘SEC. 141. 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 shail not be affected by any of the provisions
of this Act unless otherwise explicitly stated herein,

CHAPTER 10
ADMINISTRATION AND IMPLEMENTATION

‘SEC. 142. Administration and implementation Abroad. ~ The administration and implementation of
this Act abroad, including the rules and regulations, and specific visa policies or guidelines, shall be the
responsibilty of the DFA, with due notice to the Bureau and other concerned agencies and offices.

SEC. 143. implementing Rules and Regulations, — Within sixty (60) days from the effectivity of this
Act, the Commissioner shall, in coordination with the Secretaries of Justice, Foreign Affairs and Budget
and Management, promulgate the rules and regulations for its effective implementation

SEC. 144, Appropriations. ~ The amount necessary to cover the initial implementation of this Act shall
be charged against the following

(2) Current year’s appropriation of the Bureau of Immigration; and

(b) Immigration tees, fines and other income authorized under Section 136 this Act.

‘Thereatter, such sums as may de needed for its continued implementation shall be included in
the annual General Appropriations Act or sourced from the Immigration Trust Fund pursuant to Section
136 of this Act.

CHAPTER 11
FINAL PROVISIONS

SEC. 145. Separability Clause. ~ Should any provision of this Act be declared invalid, the remaining
provisions shall continue to be in force and effect

SEC. 146. Repealing Clause. — Commonwealth Act No. 613, otherwise known as the "Phifippines
Immigration Act of 1840", as amended, and Republic Act No. 750 entitled “An Act Designating as
‘Special Agents of the Bureau of Immigration All Provincial, City and Municipal Treasurers, and Providing
for the Allocations to the Provincial, City, and Municipal Governments of Ten Per Centum of Certain
Fees Collected in Their Respective Territorial Limits”, are hereby repealed. All other 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.

35


‘SEC. 147. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the Otficial
Gazette or in a newspaper of general circulation.

Approved,

36