EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session
I -i
)
SENATE 
S. B. No. 2500
72 i/lN 31
(In Substitution of Senate Bill Nos. 107, 885,1649 and 2416, taking into consideration
HBN 8850)
Prepared jointly by the Committees on Justice and Human Rights; Civil Service, Government 
Reorganization and Professional Regulation; and Finance with Senators Juan MigueiF. Zubiri, 
Imee R. Marcos, Christopher Bong Go, Ronald "Bato"Dda Rosa, Richard J. Gordon, Ramon 
Bong ReviHa Jr., and Sonny Angara as authors
AN ACT
MODERNIZING THE BUREAU OF IMMIGRATION BY DEFINING ITS POWERS AND 
FUNCTIONS, EXPANDING, RATIONALIZING AND 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:
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TITLE I
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GENERAL PROVISIONS
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SEC. 1. Short Title. — This Act shall be known as the "Bureau of Immigration
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Modernization Act".
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SEC. 2. Declaration of Policy. — In the conduct of its relations with other States, the
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Philippines shall give paramount consideration to national sovereignty, territorial integrity,
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national security, national interest, the right to self-determination, the enhancement of
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economic diplomacy, and the protection of overseas Filipinos in destination countries as it
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adheres to the policy of peace, cooperation and amity with all nations.
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To this end, Philippine immigration policies, rules and regulations under this Act shall be
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applied and administered as instruments for the promotion of domestic and external interests
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of the Philippines, in recognition of:


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(a) 
the admission of foreign nationals for the purpose of 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 promotion of conditions for social welfare and economic security of the people;
(d) 
the fulfillment of obligations and compliance with standards set by international 
law in the admission or exclusion of foreign nationals;
(e) 
the modernization of structures and mechanisms necessary for the administration 
of immigration laws in keeping with the changing demands of the country's role in 
the global community; and
(f) 
the professionalization of the immigration service by instituting a rigid system of 
screening and selection of immigration officials and employees and promoting their 
development.
SEC. 3. Definition of Terms. — As used in this Act:
(a) "Admissiorl' 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 Control Office^' refers to any person tasked to man the Border Control 
Checkpoints authorized as provided in this Act;
(c) "Captairl' refers to the master of a vessel or pilot of an aircraft;
(d) "Child' or "chUdreri' refers to a person or persons below eighteen (18) years of age;
{C]"Citized' refers to any person who is a citizen of the Philippines under Section 1, Article
IV of the Constitution of the Republic of the Philippines;
(f) ''Commissionei" refers to the Commissioner of the Bureau of Immigration;
(g) "Commitment Order1' 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 
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 shall not exceed 
three (3) months, unless there exists other legal grounds for continued custody;


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{\\)"Consular Officei" refers to any consular, diplomatic, or other officer of the 
Department of Foreign Affairs (DFA) who has been duly granted a consular commission for 
the purpose of issuing visas under this Act;
(i) "Derogatory Infbrmatiorl' refers to details about persons and travel documents 
relating to immigration consisting of the following:
(1) 
"Blacklist Ordet" refers to an order issued by the Commissioner that 
prevents a foreign national from entering the territorial jurisdiction of the 
Philippines;
(2) 
"Hold Departure Ordei" (HDO) refers to an order issued by the 
Commissioner preventing a foreign national from leaving the territorial 
jurisdiction of the Philippines in cases where bail or recognizance is granted 
pending implementation of a Deportation Order, or a directive implementing 
an order issued by the appropriate court preventing a person from leaving 
the territorial jurisdiction of the Philippines; and
(3) 
"Monitor Ordet' refers 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;
(4) 
"Temporary Travel Restriction"(JW.O) refers to a document issued by the 
Secretary of Justice, or his authorized representative, against a respondent 
in a case subject of preliminary investigation when the minimum imposable 
penalty is six (6) months and one (1) day or when the offender is a foreigner 
regardless of the imposable penalty, directing the Bureau of Immigration to 
prevent the subject thereof from leaving the Philippines for a period of sixty 
(60) days from issuance of the order, unless the handling prosecutor 
recommends the filing of the appropriate case before the Regional Trial 
Court, which has the authority to issue HDOs. The TIRO may be extended 
for another sixty (60) days, but without prejudice to the filing of an Allow 
Departure Order.
(j) 
"Entr/ refers to the arrival of a foreign national into any designated port of entry 
in the Philippines from a place outside the Philippine territorial jurisdiction. A 
foreign national having a lawful permanent residence in the Philippines shall not 
be regarded as making an entry for the purpose of this Act if such foreign national


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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;
"Exdusiorl' refers to the act of Immigration Officers denying admission of a foreign 
national into the country on grounds provided in this Act;
"Foreign national' or "aiieri' 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 iawd refer to this Act and any other laws presently existing or which 
may hereafter be enacted relating to the movement of natural persons to and from 
the Philippines;
"Immigration Office/" refers to any person appointed under Title II, Chapter 18 of 
this Act or any employee designated by the Commissioner to perform the powers, 
duties and functions of an Immigration Officer as specified under this Act; 
"Non-immigrant' refers to any foreign national who is allowed entry and admission 
into the Philippines for a temporary or limited period of stay;
"Non-refoulement' refers to a principle of international law which prohibits the 
forced or involuntary return of refugees or those seeking asylum in the Philippines 
to the state or territory where their lives or iiberty are threatened;
"Passport' refers to a document issued by a 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; 
"Persorf refers to a natural person or a juridical person such as, but not limited to, 
partnerships, corporations, companies, and associations;
" Port of entry refers to any port designated by the Commissioner through which 
a foreign national may enter or exit the Philippines;
"Refuged refers to a person who, owing to a well-founded fear of being 
persecuted for reasons of race, religion, nationality, membership in a particular 
social group, or political 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


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country of former habitual residence, is unable or, owing to such fear, unwilling to 
return to it;
(v) 
"Seamarf', "Seafare/‘' or" Crewmembe/" refers to a person actually employed in 
the operation or service in any capacity on board a vessel;
(w) 
"Statelesspersorf refers to a person who is not considered a national by any state 
under the operation of its laws;
(X) "Traveldocument' refers to a certification or identifying document containing the 
description and other personal circumstances of its bearer issued by a government 
to individuals for travel purposes;
(y) 
" Vessel' refers to all means of conveyances, whether aircraft or sea craft; and
(z) 
" Visd' refers to an endorsement on a passport or any travel document issued by a 
Consular Officer abroad authorizing the holder thereof to proceed to a designated 
port of entry in the Philippines and there to apply for entry and admission under 
the status specified therein; or 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 II
THE BUREAU OF IMMIGRATION 
CHAPTER X 
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 all 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 of the Board of Commissioners. — The
Bureau shall be administered by the Board of Commissioners, hereinafter referred to as the 
Board, headed by the Commissioner as Chairperson, and two (2) Deputy Commissioners as


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members, all of whom shall 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 shall 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 Commission.
SEC. 6. Powers and Functions of the Board. - The Board shall have the following 
powers and functions:
(a) Decide on applications or cases relative to:
(1) 
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";
(4) 
Issuance and revocation of all visas and permits;
(5) 
Declaration of indigence; and
(6) 
Legalization of residence in accordance with law.
(b) Cite and punish for contempt in relation to the discharge of its quasi-judicial 
functions in accordance with the Rules of Court;
(c) Prescribe and promulgate rules of procedure for proceedings before it;
(d) 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
(f) Such other powers 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 of the Board. - 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 fifteen (15) days from receipt thereof by the 
concerned parties. Only one (1) motion for reconsideration shall be allowed.
Decisions in deportation cases may be appealed to the Secretary of Justice within fifteen 
(15) days from receipt thereof by the concerned party. The decision of the Secretary of the 
DOJ may be appealed to the Office of the President within (15) days from receipt of


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Judgment. The decision of the Board shali become executory after thirty (30) days from 
promulgation, unless within such period the President shall order the contrary.
SEC. 8. Period for Decision by the Board. - The Board shall decide deportation cases 
within sixty (60) days from the date they are submitted for resolution.
SEC. 9. Meetings of the Board. - In all cases, the Board of Commissioners shall 
convene and act as a collegial body in all matters referred to in Section 6 of this Act. The 
Board shall meet at least once a week or, if necessary, twice a week. Members of the Board 
shall be notified accordingly and the presence of the Chairperson and one (1) member shall 
constitute a quorum.
CHAPTER 3
THE COMMISSIONER AND THE DEPUTY COMMISSIONERS
SEC. 10. Appointment of the Commissioner.—The Commissioner shall be appointed 
by the President and shall have the same rank, salary, and privileges of an Undersecretary 
of a Department.
SEC. 11. Powers and Functions of the Commissioner. - In addition to the duties as 
Chairperson of the Board of Commissioners, the Commissioner shall exercise the following 
powers and functions:
(a) Supervise, direct and coordinate the overall operations of the Bureau;
(b) Appoint, promote, and reassign personnel of the Bureau in accordance with civil 
service laws, rules and regulations, subject to the approval of the Secretary of Justice;
(c) Issue the following:
(1) Mission Orders, after determination of the existence of probable cause for the 
purpose of deportation;
(2) Commitment or Release Orders;
(3) Warrants of Deportation;
(4) Orders to inspect the documents, premises and records of persons covered by 
this Act; and
(5) Derogatory information orders defined in Section 3(i) of this Act;
(d) Delegate authority to subordinate immigration personnel and employees of the 
commission, except the powers and functions enumerated in paragraph (c) of this 
section, which may be delegated only to a Deputy Commissioner;
(e) Act on applications for extension of visas with the concurrence of the Board;


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as points of entry or exit, whether limited or unlimited;
Philippine citizenship;
Promulgate rules and regulations as may be necessary or proper for the effective 
discharge of the duties and responsibilities 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 and the amount 
of cash bonds for the provisional release of respondents in deportation proceedings; 
Impose reasonable fines and penalties 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, and deposit in an 
authorized 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 fifty 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;


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(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 illegal foreign nationals in the Philippines in each 
calendar year and actions taken to arrest them, grouped by nationality, for each 
region in the Philippines; and
(5) such other transactions of the Bureau;
(r) 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 shall be one 
(1) Immigration Officer in an eight-hour shift;
(s) Receive administrative complaints against BI personnel, gather evidence in relation 
thereto, conduct administrative investigation, and transmit complete records thereon 
to the Office of the Secretary through the Internal Affairs Service (IAS);
(t) Prepare and submit a supplemental budget, if necessary, for the consideration of the 
Department of Budget and Management (DBM) 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 all 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) Perform 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 as 
members of the Board, the Deputy Commissioners shall supervise a minimum of two (2) 
Divisions and one (1) regional office each as determined by the Commissioner.
CHAPTER 4
THE INTERNAL AFFAIRS SERVICE
SEC. 14. Quaiifications of the Director, Internai Affairs Service (IAS). ~ An
Internal Affairs Service (IAS) of the Bureau is hereby created directly under the Office of the 
Secretary of Justice, which shall be headed by a Director who must be a natural-born citizen 
of the Philippines, at least thirty (35) years of age and a member of the Philippine Bar in


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good standing for at least five (5) years prior to the appointment.
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SEC. 15. Powers and Functions of the IAS. The IAS shall have the following
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powers and functions:
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(a) Conduct inspections and audit over all personnel and units of the Bureau;
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(b) Conduct summary hearings of administrative cases initiated against personnel
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appointed by the Commissioner. The Office of the Commissioner shall receive all
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administrative complaints and indorse the same to the Office of the Secretary
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together with 
investigation reports and evidence gathered in relation to the
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complaint;
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(c) File appropriate criminal cases against BI personnel before the court when warranted
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and assist in the prosecution thereof; and
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(d) Provide assistance to the Office of the Ombudsman in cases involving the personnel
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of the Bureau.
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CHAPTER 5
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THE BOARD SECRETARY
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SEC. 16. Qualifications of the Board Secretary. - There shall be a Board Secretary
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of the Board of Commissioners who must be a natural-born citizen of the Philippines, at least
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thirty (30) years of age and a member of the Philippine Bar in good standing for at least five
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(5) years prior to the appointment.
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SEC. 17. Powers and Duties. - The Board Secretary shall:
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(a) Attend in and take the minutes of all meetings of the Board;
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(b) Prepare the agenda for the deliberation of the Board on visa applications;
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(c) Prepare the agenda for the deiiberation of the Board on deportation cases as endorsed
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by a member of the Board after initial review;
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(d) Implement the decision of the Board approving visa applications, including
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revalidation;
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(e) Keep and manage all records of the deliberation of the Board;
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(f) Advise the members of the Board on all matters relative to compliance with relevant
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laws and requirements of regulatory authorities; and
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(g) Ail other functions as may be directed by the Board.
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CHAPTER 6
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THE BOARDS OF SPECIAL INQUIRY
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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 BSI shall 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, all of whom shall be natural-born citizens of the Philippines and, at the time 
of their appointment, at least thirty (30) years of age, members of the Philippine Bar in good 
standing and engaged in the practice of law for at least three (3) years.
SEC. 20. Powers and Functions of the BSI. —The BSI shall:
(a) Recommend to the Board of Commissioners for final resolution cases and applications 
relative to:
(1) Deportation:
(2) Revocation of immigration status;
(3) Legalization of residence in accordance with law; and
(4) Issuance of visas for stateless persons.
(b) Recommend to the Commissioner for appropriate action cases and applications 
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;
(d) In the exercise of its quasi-judicial power, cite and punish persons for contempt In 
accordance with the Rules of Court;
(e) 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;
(g) Promulgate rules 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 Before the BSI. - The proceedings before the BSI shall be 
public and recorded. In all cases, the BSI shall meet and act as a collegial body. Only
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members of the Philippine Bar in good standing may appear for and in behalf of any party 
before the BSI.
SEC. 22. Resolutions of the BSI. — Cases before the BSI shall be resolved within five 
(5) working days from the date the cases are submitted for resolution. The resolution of the 
BSI shall be submitted immediately to the Board for action.
SEC. 23. Creation of Positions; BSI. - The positions created under the BSI shall have 
the following classification and salary grades:
DESIGNATION
POSITION
SALARY GRADE
Chairperson
Attorney V
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Members
Attorney IV
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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) 
Intelligence;
(8) 
Law Enforcement;
(9) 
Legal Affairs;
(10) Operations; and
(11) Planning and Research
B. FIELD OFFICES that shall be created by the Board of Commissioners according 
to political or administrative regions.
C. DISTRICTS:
(1) Major Airports; and
(2) Seaports.
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SEC. 25. Heads of the Divisions and Other Operating Units. — Each Division shall 
be headed by a Division Chief with a Salary Grade of 25: 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 law for at least three (3) years, and that the Chief for Finance and Logistics 
shall be a Certified Public Accountant in good standing for at least three (3) years.
The Regional Offices shall be headed by a Supervising Immigration Officer with a Salary 
Grade of 23, while the District and Field Offices shall be headed by a Senior Immigration 
Officer with a Salary Grade of 20.
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 Offices, Districts, Field Offices and Other Operating Offices. - Subject to 
the approval by the DBM, the Board shall determine the organizational structure of the 
different Divisions and other operating offices of the Bureau to ensure the effective 
performance of their respective mandates.
SEC. 27. Chief Administrative Officer. - The Chief Administrative Officer 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 evaluate all policies and programs of the Bureau, and recommend 
to the Board of Commissioners such policies, programs and measures for the 
effective and efficient administrative functions of the Bureau; and
(d) 
Perform such other tasks as may be directed by the Commissioner.
SEC. 28. Chief Alien Registration Officer. - The Chief Alien Registration Officer shall 
perform the following duties:
(a) 
Formulate plans and policies for the implementation of the Alien Registration 
Program;
(b) 
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;
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SEC. 30.
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registration, and recommend to the Board of Commissioners such measures to
improve the system of alien registration; and
Perform such other tasks as may be directed by the Commissioner.
Formulate and supervise the implementation of policies pertaining to 
procurement, fiscal management, auditing and accounting in support of the 
overall plan and strategic direction 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.
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 promotion;
Design employee training modules;
Develop comprehensive strategic recruiting and retention plans to meet the 
human capital of strategic 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 objectives, plans and programs; and
Prepare and implement schemes to strengthen the relationship between 
management and employeesT^nd
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(b)
(C)
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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; 
Formulate plans and programs for the effective enforcement of immigration 
laws relating to the admission, sojourn and exit of aliens;
Establish policies for the effective surveillance, monitoring, and supervision of 
all Bay Service Operations of all commercial vessels while in Philippine territory; 
Oversee and supervise all Regional, District and Field Offices, and Border 
Crossing Checkpoints;
Maintain administrative control over aliens admitted for limited periods by 
enforcing and implementing temporary visitors' visa extension policies for 
aliens;
Assist the Commissioner in administering issuances of student visas, permits 
and other orders related thereto;
Assist the Commissioner in the preparation of all orders pertaining to 
downgrading of visas, transfer, amendment, and correction of admission; 
Represent the Bureau in the enforcement of the RP-Indonesian Agreement the 
RP-Malaysian Anti-Smuggling Agreement, and other subsequent similar 
agreements; and
Perform such other tasks as may be directed by the Commissioner.
SEC. 32. Chief Information and Communications Technology Officer. -The Chief 
Information and Communications Technology Officer shall perform the following duties:
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;
Initiate the conduct of ICT research, development and standardization; and
(f)
(g)
(h)
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(d) Perform such other tasks as may be directed by the Commissioner.
SEC. 33. Chief Immigration Inteiligence Officer. - The Chief Immigration 
Intelligence Officer shall perform the following duties:
(a) 
Develop plans and programs for the gathering and collating of intelligence 
objectives through effective management of all intelligence and counter­
intelligence activities of the Bureau;
(b) 
Manage the conduct of intelligence and counter-intelligence activities of the 
Bureau;
(c) 
Serve as the linkage between foreign counterparts or embassies and the 
Bureau;
(d) 
Initiate development of intelligence training modules; and
(e) 
Perform such other tasks as may be directed by the Commissioner.
SEC. 34. Chief Immigration Law Enforcement Officer. - The Chief Immigration 
Law Enforcement Officer shall perform the following duties:
(a) 
Develop plans and programs for effective law enforcement actions against 
foreign nationals who violate immigration laws, rules and regulations;
(b) 
Exercise command, control, direction, coordination and supervision of all law 
enforcement activities of the Bureau, such as the deployment of personnel in 
the implementation of the following:
i. Mission Orders, after determination of the existence of probable cause 
for purpose of deportation
ii. Commitment or Release Orders
Hi. Warrants of Deportation
iv. Orders to inspect the documents, premises and records of persons 
covered by this Act;
(c) 
Initiate the development of law enforcement training modules;
(d) 
Establish an effective monitoring too! for fugitives and undesirable foreigners; 
and
(e) 
Perform such other tasks as may be directed by the Commissioner.
SEC. 35. Chief Legal Affairs Officer. - The Chief Legal Affairs Officer shall perform 
the following duties:
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SEC. 37.
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Officer shall |
Serve as the legal counsel of the Bureau, in coordination with the Office of the 
Solicitor General;
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;
Assign prosecutors for regular deportation proceedings;
Implement deportation orders;
Study contracts affecting the Bureau and submit recommendations to the Board 
relative thereto;
Render legal opinions on matters arising from the administration and operation 
of the Bureau; and
Perform such other tasks as may be directed by the Commissioner.
Formulate plans and programs for the effective and efficient immigration 
operations in all international airports and seaports;
Oversee and supervise the immigration operations in all international 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.
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(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 implementation and establishment of a 
risk management process;
(e) 
Implement a monitoring feedback measurement and evaluation system for the 
implementation of all Bureau policies, projects and programs; and
(f) 
Represent the Board in meetings relating to planning and research.
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 shall 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
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SEC. 39. Powers and Functions of Immigration Officers. — The Immigration
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Officers shall have the following powers and functions:
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a) Examine, with the assistance and advice of medical authorities in appropriate 
cases, foreign nationals at the port of entry concerning their admissibility to enter 
and their qualifications to remain in the Philippines;
b) Exclude foreign nationals not properly documented, and to admit foreign nationals 
complying with the applicable provisions of immigration and related laws;
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c) Administer oaths in connection with the performance of their duties, as may be 
authorized by the Board;
d) Search for foreign nationals on any vessel believed to be used to illegally bring 
foreign nationals into the Philippines, and to take into custody 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;
e) Act as control personnel with authority to prevent the departure of passengers who 
do not comply with duly published departure requirements;
0 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;
g) Detect and report subversive activities of aliens in the interest of national security;
h) Investigate any case at the instance of the Commissioner and submit 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;
j) Locate and conduct surveillance against foreign nationals in violation of 
immigration laws, rules and regulations;
k) Provide actionable operational, tactical and strategic intelligence to the operating 
units;
l) 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;
o) Enforce lawful orders relating to the exclusion, deportation and repatriation of 
aliens;
p) Take charge of the physical detention of aliens pending their exclusion, deportation 
or repatriation;
q) Attend to the deportation of aliens;
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r) Monitor all arriving and departing suspected terrorists, drug couriers or members
2 
of crime syndicates;
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s) Assist and escort deportees, excluded passengers and transiting restricted
4 
passengers until finally boarded;
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t) Investigate and escort from ports of entry intercepted passengers who are found
6 
in possession of spurious travel documents;
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u) Implement Warrants of Deportation (WOD) and Mission Orders involving foreign
8 
nationals who violate or are in violation of immigration laws, rules and regulations;
9 
and
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v) Perform such other functions as may be assigned by the Commissioner from time
11 
to time.
12 
Qualified Immigration Officers, Immigration Inspectors and Immigration Agents with the
13 
requisite training and experience may be assigned to the Intelligence, Law Enforcement,
14 
Alien Registration, Immigration Regulation, and Operations Divisions depending on the
15 
exigencies of the Bureau. The Board may, in the exigencies of service, designate certain
16 
duties and responsibilities listed in this section to other officers and employees in the
17 
Intelligence or Law Enforcement Divisions in an acting capacity: Provided, That such
18 
designation shall not exceed a period of one (1) year.
19 
SEC. 40. Deployment of Immigration Personnel Abroad- Within ninety (90) days
20 
from the effectivity of this Act, the Department of Foreign Affairs (DFA) and the Bureau shall
21 
promulgate the implementing rules and regulations on the assignment and deployment of
22 
Immigration Officers to select consular posts abroad who shall, subject to the pertinent
23 
provisions of Republic Act No. 7157 or the "Philippine Foreign Service Act of 1991", perform
24 
immigration duties, except diplomatic and consular functions.
25
CHAPTER 9
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CAREER DEVELOPMENT PATTERN
2 
SEC. 41. Career Development. The Bureau shall:
3 
a) Establish and strengthen the Philippine Immigration Academy which shall be under
4 
the control and supervision of the Commissioner;
5 
b) Create a continuing program to enhance the knowledge, skills and competence of
6 
all personnel through a career advancement training and education prior to their
7 
promotion; and
8 
c) Formulate training requirements to implement the provisions in this Title.
9 
CHAPTER 10
10 
OTHER OFFICES
11 
SEC. 42. Changes in the Composition, Distribution and Assignment of Regional,
12 
District and Field Offices. - The Commissioner may make changes in the composition,
13 
distribution and assignment of regional, district and field offices, as well as its personnel,
14 
based on the demographics of foreign nationals and as the exigency of the service requires,
15 
subject to civil service rules and regulations.
16 
SEC. 43. Border Control Checkpoints. - In addition to international airports and
17 
international seaports, there shall be established Border Control Checkpoints which shall be
18 
manned by Immigration Officers appointed as Border Control Officers by the Commissioner.
19 
The Border Control Checkpoints shall be placed in specific areas in the Philippines which shall
20 
be determined by the Board. Border Control Officers shall perform the following functions:
21
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a) Conduct immigration formaiities to foreigners passing through their areas of 
responsibility;
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b) Enforce immigration laws, rules and regulations;
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c) Coordinate with other law enforcement agencies in the enforcement of immigration 
laws, rules, and regulations;
d) Apprehend and take into custody illegal entrants; and
e) Perform such other functions as may be directed by the Commissioner.
TITLE III 
IMMIGRATION
CHAPTER 1 
NON-IMMIGRANTS
9 
SEC. 44. Categories of Non-immigrants and Types of Visa Issued. - Foreign
10 
nationals departing from any place outside the Philippines who are otherwise admissible and
11 
who qualify under any one of the following categories may be admitted as non-immigrants:
12 
(a) Temporary visitors (A Visas): Visitors coming to the Philippines for a temporary
13 
period for reasons of business, pleasure or health:
(1) 
Business (A-1 Visa): Temporary visitors engaged in activities of a commercial 
or professional nature for a foreign employer or for themselves that will not 
result in gainful employment in the Philippines. As used herein, the term 
"business" refers to conventions, conferences, consultations and other 
legitimate activities of a commercial or a professional nature, but does not 
include local employment or labor for hire;
(2) 
Pleasure (A-2 Visa): Temporary visitors who stay in the Philippines for 
holiday, including sightseeing, recreation or visiting relatives; and
(3) 
Health (A-3 Visa): Temporary visitors who stay in the Philippines to avail of 
medical treatment.
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(b) Transit Persons (B Visa): Persons passing through the Philippines solely for a "stop
2 
over" who have a confirmed connecting flight to another country or passengers in immediate
3 
and continuous transit to a destination outside the Philippines;
4 
(c) Crew members (C Visa): Members of the crew of vessels required for the normal
5 
operation and servicing of the vessels who come to the Philippines temporarily as part of
6 
their jobs either arriving with or coming to join the vessels;
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(d) Treaty Traders (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens from a country
8 
that has a trade treaty with the Philippines, including their family members, and who come
9 
to work in the Philippines for either a company they own or one that is at least fifty percent
10 
(50%) owned by nationals of their home country and which company is engaged in
11 
substantial trade between the Philippines and their home country shall be granted a D-1 visa.
12 
Citizens from a country that has an Investor treaty with the Philippines, including their
13 
family members, and who come to work in the Philippines for a business they own or one
14 
that is at least fifty percent (50%) owned by nationals of their home country and which
15 
business is supported by a substantial investment from nationals of their home country shall
16 
be granted a D-2 visa;
17 
(e) Accredited Foreign Government Officials, Their Families and Household Member
18 
(E Visas): Foreign government officials, their families and household members coming to the
19 
country for official purpose, pursuant to international conventions and bilateral agreements,
20 
shall be granted E Visas divided into four (4) types, namely:
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(1) Persons eligible for E-1 Visa: The E-1 Visa shall be issued to the following 
classes of foreign nationals:
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i. Heads of State and/or Heads of Government and their personal 
representatives;
ii. Members of reigning royal families from countries recognized by the 
Philippine Government;
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iii. Governors-General, Governors, and High Commissioners of dependent 
territories and their personal representatives;
iv. Cabinet ministers and their deputies, and officials with cabinet rank of 
ministers;
V. Presiding officers of national legislative bodies;
vi. Justices or judges of the highest national judicial bodies;
vii. Diplomats and career consular officials on foreign assignment in the 
Philippines;
viii. Military, naval, air and other attaches assigned to a diplomatic mission; 
and
lx. Accompanying spouses and unmarried dependents of foreigners within 
the abovementioned categories;
(2) Persons eligible for E-2 Visa: The E-2 visa shall be issued to an official of a 
foreign government recognized by the Philippines and who is a national of 
the country whose government he represents, and is proceeding to the 
Philippines on a long-term basis in connection with official business for such 
foreign official's government.
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I. Administrative and technical members of the staff of a diplomatic or 
consular mission;
ii, Officials participating in programs under the auspices of the Philippine 
Government or recognized international institutions; and
iii. Accompanying spouses and unmarried dependents of foreigners 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 government he represents, and is proceeding to the Philippines on a 
short-term basis in connection with official business for such foreign official's 
government.
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This category includes, inter alia, the following classes of foreign nationals:
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III.
IV.
Diplomatic couriers regularly and professionally employed as such;
All members of official special missions of a diplomatic character;
Members of delegations proceeding to or from an international
conference of a diplomatic or official nature; and
Such other officials going to the Philippines on diplomatic or official
missions;
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(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;
11 
All visas under enumerated in Section 44(e) of this Act shall be exclusively issued and
12 
renewed by the DFA, which shall also determine the type of E-Visa of Foreign Government
13 
Officials not identified in the foregoing lists. The grant of immunities and privileges shall be
14 
subject to applicable domestic and international law and international agreements to which
15 
the Philippines is a party, as well as in consideration of the principle of reciprocity.
16 
(f) Students (F Visa): International students who can demonstrate means sufficient
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for their support and education in the Philippines who seek to enter the Philippines
18 
temporarily for the primary purpose of studying or taking partial studies in eligible courses
19 
or degree programs in a university, seminary, academy or college recognized to offer such
20 
higher education programs by CHED and other authorities pursuant to law and accredited to
21 
admit such international students by the CHED in coordination with BI. The international
22 
student's area of study may relate to the following fields/scope:
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1. Full-degree
2. Exchange or short-term mobility
3. Internship/co-op education
4. Certificates/diploma/qualifications
5. Immersion/service learning/social engagement
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6. Research and/or graduate studies
7. Study, work, holiday pursuant to trade agreements
8. Cultural exchange
9. Language training program
10. 
Such other education or training-related activities undertaken pursuant to
acquiring certification, diploma, credit recognition, degree or qualification.
(g) Prearranged Employment (G Visa): Foreign nationals coming to the Philippines on 
prearranged employment, including their family members accompanying or following to join 
them within the period of their employment. This category inciudes intra-company 
transferees, professionals, performing artists, athletes, and cultural exchange workers under 
a work exchange program;
(h) 
Religious Workers (H Visa): Duly ordained or professional missionaries and 
religious ministers, including members of their family, coming to the Philippines to join a 
religious congregation or denomination duly registered with the Securities and Exchange 
Commission, upon invitation, sponsorship or guarantee of such religious congregation or 
denomination, solely for the purpose of propagating, teaching and disseminating their faith 
or religion;
(i) 
Representatives of Accredited International Organizations and Government 
Agencies (I Visa): Foreign officials and staff of accredited international organizations, 
including their dependent family members, staff, and household members shall be granted I 
Visas divided into four (4) types, namely:
(1) 
Persons eligible for I-l Visa: The M 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 1-2 visa shall be issued to the other officials 
and staff of accredited international organizations, as well as their accompanying 
spouses and dependents;
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(3) Persons eligible for 1-3 Visa: The 1-3 visa shall be issued to officials and staff of 
international organizations who will perform short-term official work with the 
international organization upon its invitation; and
(4) Persons eligible for 1-4 Visa: The 1-4 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.
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 the Congress of the Philippines authorizing such participation or 
making an appropriation for such participation and such other international organizations, 
institutions, agencies, programs, foundations and entities which are recognized by the 
government of the Republic of the Philippines, including those existing and already 
recognized as such at the time of the effectivity of this Act.
All types of visas under Section 44(i) of this Act shall be exclusively issued and renewed 
by the DFA, which shall also determine the type of I Visa of officials and staff of international 
organizations that are not identified in the foregoing list. The grant of immunities and 
privileges shall be subject to applicable domestic and international law, relevant Headquarters 
Agreements, and international agreements to which the Philippines is a party.
(j) Media Workers (J Visa): Foreign media personnel or correspondents, duly 
accredited by the government agency concerned, who are bona fide representatives of a 
foreign press, radio, satellite, television, film, or other information media, and are coming to 
the Philippines solely to engage in gathering information principally for dissemination abroad, 
including their family members accompanying or following to join them during the period of 
the assignment in the Philippines;
(k) Exchange Visitors (K Visa): Foreign nationals entering the Philippines to teach, 
study, observe, conduct research or receive training in a specific Exchange Visitor Program 
duly approved by the Philippine Government;
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(l) 
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, whose admission for humanitarian reasons and not 
inimical to public interest has been approved by the Secretary of Justice or the President in 
such cases and under such conditions as they may prescribe, shall be issued L-2 Visas;
(m) 
Bridging Visa (M Visa): A temporary visa which allows 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 while 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)
(o) 
Special Non-Immigrants (0 Visas): Such other foreign nationals including their 
family members who may be admitted as non-immigrants under special laws or foreign 
nationals not otherwise provided for by this Act who are coming for temporary periods only, 
and whose admission is authorized by the Board or the President in the interest of the public 
or for humanitarian considerations and under such conditions as may be prescribed.
All other agencies and offices other than the DFA authorized to issue visas in accordance 
with existing laws shall be subject to reportorial requirements as prescribed by the Board. 
The Board shall likewise prescribe penalties for violations thereof.
CHAPTER 2 
IMMIGRANTS
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SEC. 45. Quota Immigrants. —Subject to the conditions set forth in this Act, there 
may be admitted into the Philippines, immigrants, otherwise known as "quota immigrants" 
not to exceed two hundred (200) of any one nationality for any one calendar year, based on 
immigration reciprocity and upon allotment by the Commissioner of the corresponding quota 
number. In the allotment of quota numbers, the following order of preference shall be 
observed:
(a) First Preference: Those whose service and qualifications show high educational 
attainment, technical training, specialized experience, or exceptional ability in the sciences, 
arts, professions, or business as would reasonably enhance and contribute substantial 
benefits prospectively to the national economy, or cultural or educational interests or welfare 
of the Philippines, including their family members, accompanying or following to join them, 
who shall likewise be allotted individual quota numbers;
(b) Second Preference: Parents of a naturalized Philippine citizen;
(c) Third Preference: Spouses or minor children of foreign nationals who are lawful 
permanent residents of the Philippines; and
(d) 
Fourth Preference: Parents of foreign nationals who are lawful permanent residents 
of the Philippines.
SEC. 46. Allotment of Quota. — The Commissioner shall, with respect to the first 
preference, allot not more than fifty percent (50%) of the annual quota allotment up to the 
end of June of each year: Provided, That if the fifty percent (50%) allotment for one 
nationality is not utilized by the first preference, the balance thereof shall be given to the 
second, third, and fourth preferences for the same nationality in accordance with the 
preceding Section. 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 nationality of 
immigrants whose admission is subject to the numerical limitation imposed by Section 45 of 
this Act shall be that of the country of which the immigrant is a national or a citizen. The
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nationality of immigrants possessing dual nationality may be that of either of the two 
countries regarding them as a national or citizen if they apply for a visa in a third country. If 
such immigrants apply for a visa within one of the two countries regarding them as a national 
or citizen, 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:
(a) The spouse of a Philippine citizen: Provided, That abandonment by the foreign 
spouse, the failure to give support by the foreign spouse to the Filipino spouse and 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;
16
(b) A person of Filipino descent regardless of generation;
17 
(c) A child born to a foreigner mother during her temporary visit abroad, the mother
18 
being a lawful permanent resident of the Philippines, if accompanied by or coming to join the
19 
mother who applies for admission within five (5) years from the birth of the child;
20 
(d) A child born subsequent to the issuance of an immigrant visa to the accompanying
21 
parent, the visa not having expired or revoked;
22
23
24
(e) A foreign national who had been previously lawfully admitted into the Philippines 
for permanent residence who is returning from a temporary visit abroad to an unrelinquished 
residence in the Philippines;
25
26 
27
(f) A natural-born citizen who becomes a naturalized citizen of a foreign country and 
is returning to the Philippines for permanent residence therein, including the spouse and 
minor children accompanying or following to join such person; and
30


1 
(g) Spouse, parent, children, legitimate siblings of a foreign national who is gainfully
2 
employed and holder of a permanent resident status for a period of seven (7) years
3
4
CHAPTER 3
NATIVE-BORN FOREIGN NATIONAL
5 
SEC. 49. Status of Children Born to Immigrants. — A child born in the Philippines
6 
to parents who are foreign nationals and lawful residents of the Philippines shall be deemed
7 
a native-born permanent resident.
8 
SEC. 50. Status of Children Born to Non-immigrants. - A child born to parents
9 
who are both non-immigrants shall be deemed a native-born non-immigrant or temporary
10 
resident and may remain in the Philippines only during the period of authorized stay of the
11 
parents, unless the child reaches the age of eighteen (18) years while continuously residing
12 
in the Philippines, in which case such child may apply for naturalization under existing laws
13 
or for an appropriate visa.
14
15
CHAPTER 4
ADJUSTMENT OF STATUS
16 
SEC. 51. Conditions for Adjustment of Status of Foreign Nationals. — The
17 
status of a foreign national admitted into the Philippines as non-immigrant may be adjusted
18 
by the Board to that of a foreigner lawfully admitted as a permanent resident if:
19
(a) the foreigner makes an application for such adjustment;
20 
(b) the foreigner is eligible to receive a quota or non-quota immigrant visa and is
21 
admissible to the Philippines as a permanent resident; and
22 
(c) a quota immigrant visa is immediately available to the foreign national at the time
23 
of application, without the need of first departing from the Philippines.
31


1 
In all such cases, the personal appearance of the foreigner shall be required during the
2 
consideration of the application.
3 
SEC. 52. Effect of Approval on Application for Adjustment — Upon the
4 
approval of an application for adjustment of status under the preceding section, the
5 
Commissioner shall record the foreign national's lawful admission as a permanent resident
6 
as of the date of the approval of the application and shall be included as part of the quota
7 
for the calendar year in accordance with Section 45 of this Act.
8 
SEC. 53. Adjustment of Status, When Not Allowed. — Adjustment of status
9 
under this Act shall not be applicable to:
10 
(a) a foreign national who has violated or is in violation of Immigration laws, rules
11 
and regulations, unless the violation is without the fault of the foreign national or for purely
12 
technical reasons; and
13 
(b) transients.
14 
SEC. 54. Loss of Status. - A registered foreign national, except a temporary visitor,
15 
who fails to return to the Philippines within a period of one (1) year from departure shall lose
16 
the status granted under this Act. Such foreign national may apply for an extension of the
17 
period within which to return prior to its expiration and pay the prescribed fees and charges
18 
in order to maintain the status or type of visa granted.
19 
CHAPTER 5
20 
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS
21
22
23
24
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
32


1 
Officer, if required, and such other relevant documents as may be required under existing
2 
laws, rules, regulations, or multilateral or bilateral agreements.
3 
SEC. 56. Conditions and Period of Authorized Stay of Temporary Visitors. —
4 
The initial period of authorized stay of a foreign national admitted as a temporary visitor
5 
under Section 44(a) of this Act shall not exceed fifty-nine (59) calendar days from the date
6 
of arrival, subject to bilateral, regional and multilateral visa agreements entered into by the
7 
Philippines: Provided, TTiat the conditions for extensions and total period of authorized stay
8 
shall be prescribed by the Commissioner: Provided, further, That during the foreign national's
9 
authorized stay, such foreign national: (a) shall not take any employment, whether paid or
10 
unpaid; (b) shall not establish or join in any business; and (c) shall not enroll or become a
11 
student at a school, college, university, academy, or other educational institution, unless
12 
granted, upon proper application, a conversion to another immigration status provided under
13 
this Act.
14 
SEC. 57. Conditions for Issuance of Pre-Arranged Employment Visas. — A
15 
foreign nationai who is coming to the Philippines for prearranged employment shall not be
16 
issued a non-immigrant visa referred to in Section 44(g) of this Act until the Consular Officer
17 
shall have received authorization for the issuance of the same. Such authorization shall be
18 
given only upon the filing of a petition with the Board estabiishing, among others, that no
19 
person can be found in the Philippines willing and competent to perform the work or service
20 
for which the foreigner is desired and that the admission would be beneficial to the public
21 
Interest. The petition shall be under oath by the prospective employer or the latter's
22 
representative in the form and manner prescribed by the Board.
23 
If the Board finds that the petition complies with the requirements of the preceding
24 
paragraph and of other regulations, it shall grant the petition and shall promptly transmit the
25 
authorization to the DFA.
26 
SEC. 58. Submission of Crew List and Passenger Manifest. - Simultaneous to
27 
the vessel's departure from the port of origin, the master, captain, agent, owner or consignee
28 
of any commercial vessel arriving in the Philippines shall submit to the Bureau, within a
29 
reasonable time prior to such arrival, the crew lists, passenger manifests and such other
33


1 
information concerning the persons arriving on such a vessel. In the same manner and
2 
condition, the master, captain, agent, owner or consignee of any commercial vessel departing
3 
from any port in the Philippines shall submit to the Bureau, within a reasonable time prior to
4 
such departure, the crew list, passenger manifest and such other information concerning the
5 
persons departing on such vessel. The crew list of an incoming sea craft shall contain the
6 
appropriate visa granted by the Consular Officer.
7 
SEC. 59. Inspection of Crewmembers. - It shall be the duty of the master,
8 
captain, agent, owner or consignee of any vessel arriving in the Philippines to have available
9 
on board, for inspection by Immigration Officers, any foreign crewmember employed on such
10 
vessel and, when required by the immigration authorities, to detain such crewmember on
11 
board after inspection or to remove such crewmember. No crewmember on board such vessel
12 
shall be discharged while the vessel is in port without the permission of the Commissioner.
13 
SEC. 60. Permission for Temporary Landing of a Foreign Crewmember. — A
14 
foreign crewmember on a vessel arriving in the Philippines may be permitted to land
15 
temporarily under such conditions as may be prescribed by the Commissioner. Ail expenses
16 
incurred by the Bureau while the crewmember is on land shall be borne by the master,
17 
captain, agent, owner or consignee of the carrying vessel
18
19
CHAPTER 6
DOCUMENTATION AND ADMISSION OF IMMIGRANTS
20
21
22
23
24
25
26
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 shall not be required of the following:
(a) A child born subsequent to the issuance of a valid immigrant visa to the 
accompanying parent;
27
28
(b)A child born during the temporary visit abroad of the mother who is a lawful 
permanent resident of the Philippines and a holder of a valid re-entry permit, if the
34


1
2
child is accompanied by either parent within five (5) years from the date of the child's 
birth; and
3
4
5
(c)A foreign national who is returning to an unrelinquished lawful permanent 
residence in the Philippines after a temporary residence abroad and presents for 
admission a valid re-entry permit.
6
7
CHAPTER 7 
VISA ISSUANCE
8 
SEC. 62. Nature of Visa. — Nothing in this Act shall be construed to automatically
9 
entitle any foreign national, to whom a visa or other travel document has been issued, to
10 
enter the Philippines if, upon arrival at a port of entry, such foreign national is found to be
11 
inadmissible under this Act or any other law.
12 
SEC. 63. Visa Poiicy. - The policies governing the issuance, extension, renewal and
13 
conversion of visas referred to in this Act shall be formulated by the Bureau and the DFA
14 
when appropriate, in consultation with concerned government agencies and offices.
15 
SEC. 64. Visa Issuance Abroad. - All visas issuances abroad shall be done by
16 
Consular Officers assigned at Philippine Foreign Service posts in the following manner:
17
18
19
20 
21 
22
(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 immigrant's particular status in such country, the preference 
to which the foreign national is classified, the date on which the validity of the visa 
shall expire, and such additional information as may be required; and
23
24
25
(b) The DFA, 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 a 
foreign national who has made a proper application therefor.
35


1
2
3
The issuance of special non-immigrant visas falling under the jurisdiction of a particular 
government office or agency can only be done in coordination wth and upon 
recommendation of the government agency or office concerned.
4 
SEC. 65. Requirements for Physical and Mental Examination Prior to
5 
Issuance of Immigrant Visa. - Prior to the issuance of an immigrant visa to any foreign
6 
national, the Consular Officer shall require such person to submit to a physical and mental
7 
examination in accordance with such regulations as may be prescribed by the Commissioner.
8 
SEC. 66. Visa Validity Period. — A single-entry non-immigrant or immigrant visa
9 
issued by a Consular Officer abroad pursuant to Section 64 of this Act shall be valid for a
10 
period not exceeding three (3) months: Provided, That in prescribing the validity period of a
11 
single-entry non-immigrant visa, the Consular Officer may allow a longer validity period based
12 
on reciprocity as accorded by the foreign country to citizens of the Philippines who are within
13 
a similar class.
14 
An immigrant visa may be replaced under the original number during the calendar
15 
year in which the original visa was issued to a foreign national who establishes to the
16 
satisfaction of the Consular Officer that the original immigrant visa was not used during the
17 
period of its validity for reasons beyond the visa holder's control: Provided, That the foreign
18 
national is found by the Consular Officer to be eligible for another immigrant visa and has
19 
paid all the required fees.
20 
SEC. 67. Denial of Visa; Grounds. —The Consular Officer may deny the application
21 
for visa if it appears from the statements in the application or in the documents submitted
22 
that the applicant is not eligible for a visa under this Act, or if the applicant fails to comply
23 
with the requirements of any of the provisions of this Act.
24 
SEC. 68. Revocation of Visa Issued by Consular Officer. — The Commissioner
25 
may, for valid cause and upon confirmation by the DFA, revoke a visa issued by any Consular
26 
Officer. If the notice of revocation is not received and the visa holder applies for admission
27 
into the Philippines, the admission or entry of the foreign national shall be determined by the
28 
Immigration Officer upon arrival at the port of entry.
36


1
2
CHAPTER 8
RE-ENTRY AND EMIGRATION CLEARANCE
3 
SEC. 69. Re-entry. — In all instances when a registered foreign national, except a
4 
temporary visitor, departs or is about to depart temporarily from the Philippines with the
5 
intention to return within one (1) year from departure, the foreign national must secure a re-
6 
entry permit or, if the authorized stay is less than one (1) year, a Special Return Certificate,
7 
and pay the corresponding fees and charges therefor.
8 
SEC. 70. Emigration Clearance. - A registered foreign national who departs
9 
permanently from the Philippines shall surrender all Philippine immigration documents and
10 
apply for and be issued an Emigration Clearance Certificate, subject to the following
11 
conditions:
12
13
(a) The immigrant has no pending obligation with the government or any of its 
agencies or instrumentalities;
14
15
(b) The immigrant has no pending criminal, civil, or administrative proceeding 
which requires continued presence in the country; and
16
17
(c) There is no ongoing legislative inquiry where the immigrant is called upon to 
testify as a witness.
18 
A temporary visitor departing from the Philippines shall, after the expiration of the initial
19 
authorized stay, apply for emigration clearance and pay the prescribed fees and charges
20 
therefor.
21
22
CHAPTER 9
PRESIDENTIAL PREROGATIVES
23 
SEC. 71. Presidential Prerogatives. — Any provision of this Act to the contrary
24 
notwithstanding, the President may:
37


1
2
3
4
(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;
5
6
(b) Waive passport or documentary requirements for non-immigrants and 
immigrants under such terms and conditions as may be prescribed;
7
8
(c) Change the status of non-immigrants by allowing them to acquire permanent 
residence status without necessity of a visa;
(d) Deport any foreign nationai, subject to the requirement of due process;
10
11
12
(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;
13
14
15
16
(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
17
18
(g) Exercise, with respect to foreign nationals in the Philippines, such powers as are 
recognized by the generally accepted principles of international law.
19
20
TITLE IV
PROVISIONS RELATING TO ENTRY
21
22
CHAPTER 1
CLASSIFICATION OF PORTS OF ENTRY
38


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26 
27
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 readmission 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 foreigner, 
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 indicate 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 a foreign national arriving at any port in the Philippines belongs to any 
of the classes excludable under this Act by reason of being afflicted with any of the contagious 
or communicable disease or mental disorder as set forth under Section 84(a) of this Act or 
whenever the Commissioner has received information showing that foreigners are coming 
from a country or a place where any of such diseases are prevalent or widespread, the 
foreigner shall be detained or quarantined for a reasonable period of time to enable the 
immigration and medical officers to subject such person to observation and examination.
39


1 
SEC. 75. Medical Examination Requirement - Any arriving foreign national
2 
whom the examining Immigration Officer believes to belong under the class of excludable
3 
foreign nationals specified in Section 84(a) of this Act shall be referred to designated medical
4 
officers for physical and mental examination. Such medical officer shall certify the findings
5 
of the examination for the information of the Immigration Officer.
6 
SEC. 76. Arrival Notice Requirements of Vessel. - The immigration authorities
7 
shall be given prior notice of the arrival of any civilian vessel before such vessel comes into
8 
any area in the Philippines from any place outside thereof. Such prior notice shall not be
9 
required in the case of vessels with scheduled arrivals filed with the Immigration Officer in 
10 charge at the international port of entry.
11 
If, upon arrival in any area other than the designated port and there is no available
12 
Immigration Officer therein, the master, pilot, captain, agent or consignee shall not allow the
13 
passengers and crew members to disembark or leave the primary inspection area until the
14 
Immigration Officer shall have conducted the primary inspection formalities.
15
16
CHAPTER 3
FOREIGN CREWMEMBER
17 
SEC. 77. Conditional Permit to Disembark. — A foreign crewmember of a vessel
18 
under Section 44(c) of this Act may be granted a conditional permit, in a form prescribed by
19 
regulations, to disembark temporarily from the vessel on which such crewmember arrived
20 
while the vessel remains in port under such terms and conditions as may be prescribed by
21 
the Commissioner.
22 
SEC. 78. Confiscation and Cancellation of Permit; Deportation from the
23 
Philippines. — Upon the determination that the foreign national is not a bona fide
24 
crewmember or does not intend to depart on the vessel that brought him, the Commissioner
25 
shall cancel and confiscate the conditional permit already issued, take such foreign national
26 
into custody, and require the owner, operator, captain, master, pilot, agent or consignee of
27 
the vessel on which the foreigner arrived to receive and detain the foreigner on board. The
28 
expenses for removal of the foreign national, including the cost of detention and other
40


1 
expenses incidental thereto, shall be borne by the owner, operator, captain, master, pilot,
2 
agent or consignee of such vessel.
3 
SEC. 79. Liability for Overstaying Foreign Crewmen. — A foreign crewmember
4 
who remains in the Philippines in excess of the period allowed in the conditional permit issued
5 
shall be solidarily liable with the owner, operator, captain, master, pilot, agent or consignee
6 
of the vessel to pay the penalties prescribed in Section 125 of this Act.
7 
SEC. 80. Liability for Unauthorized Discharge of Foreign Crewmember. ~ It
8 
shall be unlawful for any person, including the owner, operator, captain, master, pilot, agent
9 
or consignee of any vessel to discharge any foreign crewmember employed by a vessel
10 
arriving in the Philippines and while in port, without first obtaining the prior permission of the
11 
Commissioner. Otherwise, such person or owner, operator, captain, master, pilot, agent or
12 
consignee of the vessel shall pay such fines as may be prescribed under this Act. No vessel
13 
shall be granted clearance from any port in the Philippines while such fines remain unpaid or
14 
while the validity thereof is being determined: Provided, That a clearance may be granted
15 
prior to such determination upon deposit of a sum or cash bond sufficient to cover such fines
16 
as approved by the Commissioner.
17 
SEC. 81. Duty to Report Desertion or Illegal Landing of Foreign
18 
Crewmember. — The owner, operator, captain, master, pilot, agent or consignee of any
19 
vessel shall immediately report, in writing, to the Immigration Officer all cases of desertion
20 
or illegal disembarkation in the Philippines from the vessel, together with a description of
21 
such foreign nationals and any information that shall result in their apprehension.
22 
SEC. 82. Requirement for Submission of List of Newly Employed, Discharged
23 
and Illegally Landed Foreign Crewmember. — Prior to the departure of any vessel from
24 
the last port in the Philippines destined to any place outside thereof, the owner, operator,
25 
captain, master, pilot, agent or consignee thereof shall deliver to the Immigration Officer at
26 
that port a list containing:
27
28
(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;
41


4
5
6
7
8 
9
10
11
12
13
(b) The names of those who have been discharged, if any;
(c) The names of those who have deserted or illegally landed at that port, if any; and
(d) Such other additional information as the Commissioner deems necessary.
SEC. 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 true 
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 Section 121 of 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 dearance 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
14 
SEC. 84. Exclusion Grounds. - The following classes of foreign national shall not
15 
be allowed entry and shall be excluded from the Philippines:
16
(a) Health Related Grounds
17
18 
19
1. Those who are found to be suffering from a communicable, dangerous or 
contagious disease, unless excepted under existing laws, rules and 
regulations;
20
21
2. Those who are found to be suffering from mental disorder or associated 
behavior that may pose a threat to persons or danger to property;
42


1
2
3
4
5
6
7
8
10
11
12
13
3. Those who are found to be suffering from addiction to prohibited or 
regulated substance;
(b) 
Economic Grounds
1. 
Those likely to become a public charge;
2. 
Those seeking entry for the purpose of performing skilled or unskilled labor, 
without a permit from the Secretary of the Department of Labor and 
Employment as required by law;
(c) 
Moral Grounds
1. Those coming to the Philippines to practice polygamy or who advocate the 
practice of polygamy unless the person's religion allows such practices;
2. 
Those who are pedophiles, sexual perverts or those coming to the 
Philippines for immoral purposes;
14
15
16
3. Those who are engaged or who seek to engage in prostitution or to procure 
or attempt to procure prostitutes, or who receives in whole or in part the 
proceeds of prostitution;
17
18 
19
4. 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;
20
(d) Criminal and Security Grounds
21
22
23
1. Those who have been convicted of a crime involving moral turpitude or 
who admit to the Immigration Officer having committed such crime, or who 
attempt and conspire to commit the crime;
43


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
2. 
Those who have been convicted, or who admit having committed, or are 
committing acts which constitute the elements of a violation or conspiracy 
to violate any law or regulation of the Philippines or a foreign country 
relating to a controlled, regulated or prohibited substance, or who admit 
having attempted or conspired to commit the crime;
3. 
Those that the Philippine Government knows or has reason to believe Is a 
trafficker of any controlled, regulated or prohibited substance or knows or 
has reason to believe is or has been an accomplice, accessory, abettor, or 
co-conspirator in the illicit trafficking of any controlled, regulated or 
prohibited substance;
4. 
Those who are fugitives from justice;
5. 
Those who seek to enter the Philippines to engage in:
a. espionage or sabotage, or a violation or evasion of any laws prohibiting 
export of goods, technology or sensitive information;
15
16
b. any activity aimed to promote membership in an organization of 
syndicated criminal activities;
17
18
c. any activity, the purpose of which is to overthrow the Philippine 
government by force, violence or other unlawful means; and
19
d. any other unlawful activity;
20
21
22
6. Those who are engaged or believed to be engaged or likely to engage in, 
aid, abet or finance any terrorist activity and members or representatives of 
a foreign terrorist organization;
23
24
7. Those who have been identified by competent authorities, local or foreign, 
as having engaged or are engaging in human trafficking and smuggling;
44


1 
8. Those who are under fifteen (15) years of age and unaccompanied by or
2 
not coming to a parent, except that they may be admitted at the discretion
3 
of the Commissioner, if otherwise admissible: Provided, That they present
4 
a written consent to travel from either parent citing the purpose thereof and
5 
affirmed by a Consular Officer; and
6 
9. Those who have been identified by competent authorities, local and foreign,
7 
as having engaged or are engaging in importation of contrabands and other
8 
prohibited articles into the country.
9 
SEC. 85. Temporary Custody of Excludable Foreign Nationals. — For the
10 
purpose of ascertaining whether a foreign national arriving in the Philippines belongs to any
11 
of the excludable classes of foreign national provided in this Act or related laws, the
12 
Immigration Officer, for a period not exceeding seventy-two (72) hours, may temporarily
13 
take into custody for investigation such foreign national either on board the vessel or at a
14 
place designated for the purpose at the expense of the master, captain, agent, owner or
15 
consignee of the carrying vessel.
16 
SEC. 86. Finality of Exclusion Order. — An order by the Immigration Officer to
17 
exclude a foreign national who is excludable under this Act is final and executory unless
18 
revoked by the Commissioner upon a timely appeal prior to the implementation of the
19 
exclusion order.
20 
SEC. 87. Authority to Waive Grounds for Exclusion. — Except for grounds of
21 
exclusion under Section 84(d), subparagraphs 1 to 7 and 9, the Commissioner may waive
22 
any of the grounds for exclusion mentioned in Section 84 of this Act.
23
24 
SEC. 88. Procedure of Removai and Cost Thereof. - Foreign nationals arriving
25 
in the Philippines who are ordered excluded shall be immediately removed in the same
26 
accommodation to the country where they boarded the vessel on which they arrived, unless
27 
the Commissioner determines that immediate removal is not proper and practicable, in which
28 
case such excluded foreign nationals shall be ordered detained. The cost of detention and
45


1 
other expenses incidental thereto shall be borne by the owner, operator, master, pilot,
2 
captain, agent or consignee of the vessel on which such foreigners arrived.
3 
SEC. 89. Country Where Removal is to be Directed. — If the government of the
4 
country designated in the preceding section will not accept the foreign national into its
5 
territory, the removal of the foreign national shall be directed, at the Commissioner's
6 
discretion to any of the following:
7 
(a) 
The country of which the excluded foreigner is a citizen or national;
8 
(b) 
The country of birth;
9 
(c) 
The country of the foreign national's habitual residence; or
10
11
(d) The country willing to accept the foreign national into its territory, if removal to 
any of the foregoing countries is impractical or impossible
12 
SEC. 90. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or
13 
Consignee. — It shall be unlawful for an owner, operator, master, captain, pilot, agent, or
14 
consignee of a vessel to refuse or fail to:
15
16
(a) Board a foreign national ordered excluded and removed in the same vessel or 
another vessel owned or operated by the same company;
17
18
(b) Detain a foreign national on board any such vessel at the port of arrival when 
required by this Act or when so ordered by an Immigration Officer;
19
20
(c) Deliver a foreign national for medical or other examinations when so ordered 
by an Immigration Officer;
21
22
(d) Remove a foreign national from the Philippines to the country to which the 
individual's removal has been directed; or
46


1
2
3
(e) Pay the cost of detention and other expenses incidental thereto incurred while 
the excluded foreign national is being detained as required by Section 98 of this Act 
or other costs necessary or incidental to his removai as provided in this Act.
4 
SEC. 91. Penalty for Non-compliance of Obligation. — The owner, operator,
5 
master, captain, piiot, agent, or consignee of a vessel who violates Section 90 of this Act
6 
shall pay the fines prescribed in Section 122 of this Act. No vessel shall be granted clearance
7 
from any port in the Philippines while such fines remain unpaid or while the validity thereof
8 
is being determined: Provided, That clearance may be granted prior to such determination
9 
upon deposit of a sum or cash bond sufficient to cover such fines as approved by the 
10 Commissioner
11
12
TITLE V 
DEPORTATION
13
14
CHAPTER 1
DEPORTABLE FOREIGN NATIONALS
15 
SEC. 92. Classes of Deportabie Foreign Nationals. - The following foreign
16 
nationals shall be taken into custody upon the order of the Commissioner and deported upon
17 
recommendation by the BSI and approval by the Board:
18
19
20
(a) Those who entered the Philippines: (1) by means of misrepresentations or false 
or misleading statements or documents, or (2) without inspection and admission by 
the immigration authorities;
21
(b) Those who were not lawfully admissible at the time of entry;
22
23
(c) Those who abet or aid in the practice of prostitution, including the owner or 
manager of a prostitution den, or who are pedophiles;
24
(d) Those who, at any time after the date of entry, have become a public charge;
47


1
2
(e) Those who remain in the Philippines in violation of any period of limitation or 
condition under which they were admitted;
3
4
5
6
7
8 
9
10
(0 Those who believe in, advise, advocate or teach the overthrowing by force and 
violence the Government of the Republic of the Philippines or any duly constituted 
authority, or those who do not believe in or are opposed to organized governments, 
or those who advise, advocate or teach the assault or assassination of public officials, 
or those who advise, advocate or teach the unlawful destruction of property, or those 
who are members of or affiliated with any organization entertaining, advocating or 
teaching such doctrines, or those who in any manner whatsoever extend assistance, 
financial or otherwise, in the dissemination of such doctrines;
11
12
(g) Those who, at any time after entry, engage in, abet, aid or finance any terrorist 
activity;
13
14
15
(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 Sandiganbayarr,
16
17
(i) Those who, at any time after entry, are convicted by final judgment of a crime 
involving moral turpitude punishable under Philippine penal laws;
18
19
20
(j) 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;
21
(k) Those who violated Philippine labor and taxation laws, rules and regulations;
22
23
24
(I) Those who are found to be undesirable and whose further stay in the Philippines 
Is inimical to public welfare and interest, or the dignity of the Filipinos, or the Republic 
of the Philippines as a sovereign nation;
25
(m) Those who forge, counterfeit, alter or falsely make any document; or use.
48


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
attempt to use, possess, obtain, accept or receive or provide any forged, counterfeit, 
altered or falsely made document; or use, attempt to use, provide, attempt to provide, 
accept or receive a genuine document, even of another person, without authority to 
do so for the purpose of satisfying or complying with the requirements 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;
(o) 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 
criminal action which may be brought against them: Provided, That in case of a 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.
15 
SEC. 93. Non-Prescription of Deportation Cases. - The right of the State to
16 
initiate deportation proceedings shall not prescribe.
17 
SEC. 94. Nature of Deportation Proceedings. - Deportation proceedings shall be
18 
independent of any action that may be instituted against a foreign national: Provided, That
19 
no deportation orders shall be issued against foreign nationals facing preliminary
20 
investigation, prosecution and trial before competent authorities.
21 
CHAPTER 2
22 
DEPORTATION OF FOREIGN NATIONALS
23 
SEC. 95. Forma! Charge of Deportation. - A formal charge for deportation shall
24 
be issued upon determination of the existence of a prima facie case against the foreign
25 
national.
49


1 
SEC. 96. Bail. — Pending final determination of the foreign national's deportation
2 
case, the foreign national shall, upon the discretion of the Commissioner, remain under
3 
detention or be released on bail or recognizance. The bail may be revoked and confiscated
4 
in favor of the government if there is sufficient evidence that the foreign national is evading
5 
the proceedings or is attempting to abscond, in which case such foreign national shall be
6 
taken into custody and placed under detention by order of the Commissioner.
7 
SEC. 97. Custody of a Foreign National Convicted of a Felony or an Offense.
8 
- After service of the sentence or compliance with the conditions of parole or probation, as
9 
the case may be, the foreign national shall be taken into custody for immediate deportation
10 
by order of the Board.
11 
SEC. 98. Voluntary Deportation, When Authorized. —The Commissioner may
12 
waive the deportation proceedings and order the departure of the foreign national within the
13 
period specified in the voluntary deportation order if the foreign national does not contest
14 
the formal charge and opts to voluntarily leave the country and pays for all expenses:
15 
Provided, That the foreign national has not committed any criminal offense or has no pending
16 
criminal investigation: Provided, further, That the said foreign national so deported shall be
17 
barred from re-entering the country without prior written authorization from the
18 
Commissioner.
19 
SEC. 99. Period to Enforce Order of Deportation. - The order of deportation
20 
shall be enforced immediately but in no case shall exceed three (3) months from the date it
21 
has become final and executory. If deportation is not enforced within the prescribed period,
22 
the foreign national may be released on bail or recognizance.
23 
SEC. 100. Suspension of Deportation Order. -The Commissioner may suspend
24 
the implementation of the deportation order and order the release of the foreign national on
25 
bail or recognizance, taking into account the following factors:
26
27
(a) 
Age, health, family or conduct;
(b) 
Period of detention;
50


1 
(c) 
Impact on national security and public welfare;
2 
(d) 
Unavailability of travel documents;
3 
(e) 
Existence of an application for refugee or statelessness status; or
4 
(f) 
Other humanitarian considerations.
5 
SEC. 101. Reinstatement of a Deportation Order, - A deportation order
6 
previously implemented against a foreign national who unlawfully re-entered the Philippines
7 
shall be deemed automatically reinstated and shall be implemented in accordance with this
8 
Act. This provision shall also apply to a foreign national who departed voluntarily under
9 
Section 98 of this Act and re-entered the Philippines unlawfully or without prior written
10 
authorization from the Commissioner.
11 
SEC. 102. Country of Destination of a Deportee. —Except as provided for under
12 
an existing treaty or international agreement, a foreign national shall be deported to the
13 
country of which the person is a citizen or national, or foreign national's country of birth, or
14 
the country of which the individual is a resident, or the country from which the individual
15 
embarked for the Philippines, subject to the acceptance by the receiving country.
16 
SEC. 103. Cost of Deportation. - The cost of deportation shall be borne by the
17 
owner, operator, captain, master, pilot, agent or consignee of a vessel in case Its foreign
18 
crewmember is to be deported under Section 92 of this Act. In all other cases, the cost of
19 
deportation shall be borne either by the deportee, by the concerned consular office,
20 
nongovernment organizations or people's organizations with which the Bureau has an
21 
agreement on this matter, or from the appropriations for the enforcement of this Act.
22 
SEC. 104. Liability of Owner, Operator, Captain, Master, Pilot, Agent or
23 
Consignee of a Vessel. - Failure or refusal on the part of the owner, operator, captain,
24 
master, pilot, agent or consignee of a vessel to take on board, guard safely and transport
25 
the deportee to the foreign national's country of destination, or to shoulder the cost of
26 
deportation of the foreign crew member as provided in the preceding Section, shall be subject
27 
to the administrative fines prescribed under Section 122 of this Act.
28
SEC. 105. Expenses of Accompanying Person. - The Commissioner may, for
51


1 
security reason or by reason of the mental or physical condition of the deportee, direct an
2 
employee of the Bureau to accompany such deportee to the country of the deportee's
3 
destination, subject to the provisions of Section 103 of this Act.
4
5
CHAPTER 3
INDIGENT FOREIGN NATIONAL
6 
SEC. 106. Removal of Indigent Foreign National. - At any time after entry, the
7 
Commissioner may remove indigent foreign nationals from the Philippines to the country of
8 
which they are citizens or nationals, their country of birth, or their country of residence, as
9 
the case may be. The cost of deportation may be charged against the available funds of the
10 
Bureau. Any foreign national removed under this section shall be barred re-admission except
11 
upon written authorization of the Board.
12 
This provision shall not apply to a foreign national declared as an indigent by any
13 
Philippine court for purposes of filing a case or to pursue an action which resulted in the
14 
individual's indigency until such case or action is resolved with finality: Provided, That no
15 
other grounds for deportation exist during the pendency of such case or action.
16
17
TITLE VI
MISCELLANEOUS PROVISIONS
18
19
CHAPTER 1
REGISTRATION OF FOREIGN NATIONALS
20 
SEC. 107. Requirement of Registration. — All foreign nationals, regardless of any
21 
exemption provided by law, shall register with the Bureau or any Immigration Office nearest
22 
to their place of residence on or before the sixtieth (60th) day of their latest arrival in the
23 
Philippines.
24 
SEC. 108. Registration Form and Oath. — Applications for registration shall be
25 
under oath and in such form as prescribed by the Bureau. Upon registration, a certificate of
26 
registration shall be issued to the registrant. In case of loss or destruction of the certificate.
52


1 
a replacement certificate may be issued by the Bureau upon proper application and payment
2 
of prescribed fees
3 
SEC. 109. Amendment of Registration. — Registered foreign nationals shall notify
4 
the Bureau in writing of any change of information in their registration documents not later
5 
than seven (7) days from such change.
6 
SEC. 110. Presentation of Certificate of Registration. — Every foreign national
7 
required to register under this Act or the parent or guardian of such foreign national shall,
8 
upon demand by any personnel authorized by the Commissioner, present a certificate of
9 
registration of such individual, and failure to do so without justifiable cause shall be dealt
10 
with in accordance with the provisions of this Act.
11 
SEC. 111. Reportoria! Requirements. — Every foreign national registered under
12 
this Act shall, within the first sixty (60) days of every calendar year, report in person to the
13 
Bureau. The Commissioner may exempt personal appearance of foreign nationals registered
14 
under this Act subject to certain requirements and conditions as may be prescribed in the
15 
rules and regulations issued for the purpose.
16 
SEC. 112. Failure to Comply with Requirements. — A foreign national, or the
17 
parent or guardian of the foreign national, who, without justifiable reason, fails to comply
18 
with all the requirements under this Act, or who files an application for registration containing
19 
statements known by the individual to be false, or who utilizes registration documents other
20 
than that of the individual, shall be dealt with in accordance with the provisions of this Act
21 
and other existing laws.
22 
SEC. 113. Cancellation of Registration of Foreign National. — In case of death
23 
of a foreign national registered under the provisions of this Act, the legal heir, representative
24 
or administrator of the foreign national must inform the Bureau within sixty (60) days from
25 
such death, and the Bureau shall cancel the registration of the deceased foreign national.
26 
The Local Civil Registrar or other civil registry officer of the locality where said foreign national
27 
died shall furnish the Bureau with a copy of the Certificate of Death within thirty (30) days
28 
from issuance thereof. Failure on the part of the persons concerned to comply with the
53


1 
requirements specified in this Section shali be dealt with pursuant to the provisions of existing
2 
laws.
3
4
CHAPTER 2
BONDS AND DEPOSITS
5 
SEC. 114. Bonds, When Required. — The Bureau shall have the authority to
6 
require cash bonds in such amounts and under such conditions as it may prescribe in order
7 
to:
8 
(a) control and regulate the admission into, and departure from, the Philippines of
9 
foreign nationals applying for temporary admission;
10 
(b) insure against foreign passengers liable to be excluded as likely to become
11 
public charges; and
12 
(c) ensure the appearance of foreign nationals released from custody during the
13 
course of deportation proceedings instituted against them.
14
15 
SEC. 115. Requirement of Cash Deposits for Services Rendered. - The Bureau
16 
shall likewise have the authority to require cash deposits in such amounts as may be
17 
necessary from a vessel's owner, operator, captain, master, pilot, agent, or consignee or
18 
other persons served for services rendered as established by the implementing rules and
19 
regulations.
20 
SEC. 116. Cancellation and Forfeiture of Bonds. - When the conditions of the
21 
bond are fulfilled, or in case the Commissioner determines that the likelihood that a foreign
22 
national shall become a public charge no longer exists, or in case of death of the foreign
23 
national in whose behalf the bond is posted, the bond shall be cancelled and released to the
24 
depositor or the legal representative of the foreign national. In case of violation of the
25 
conditions of the bond, the same shall be forfeited and deposited in a trust fund account
26 
which may be utilized for the purchase of passage tickets for the removal of indigent foreign
27 
nationals and to cover the costs of operations in locating deportees who jump bail.
28
CHAPTER 3
54


1 
RECOGNIZANCE
2 
SEC. 117. Petitions for Recognizance, Sanction for Breach of Conditions. —
3 
The Commissioner may order the release of a foreign national upon recognizance of the
4 
foreigner's lawyer or a person who is of good standing in the community, under such terms
5 
and conditions as the Board may prescribe. Failure to comply with the terms and conditions
6 
of the recognizance shall subject said lawyer or person to a fine of not less than Fifty thousand
7 
pesos (P50,000.00) but not more than One hundred thousand pesos (PlOO,000.00), without
8 
prejudice to other administrative sanctions or proceedings against the erring party.
9 
CHAPTER 4
10 
COOPERATION AND COORDINATION WITH OTHER OFFICES
11 
SEC. 118. Working Cooperation with the Department of Foreign Affairs. -
12 
For purposes of efficient implementation and administration of this Act, the Bureau shall
13 
maintain a working cooperation with the DFA.
14 
SEC. 119. Working Cooperation with the Commission on Higher Education
15 
(CHED). - The Bureau shall maintain a working cooperation with the CHED with respect to
16 
the accreditation of schools and learning centers for enrollment of foreign students as
17 
authorized under this Act.
18 
SEC. 120. Working Cooperation with the Civil Aviation Authority of the
19 
Philippines (CAAP). -The Bureau shall maintain a working cooperation with the CAAP with
20 
respect to accreditation of flying schools for the enrollment of foreign students.
21 
SEC. 121. Coordination with Law Enforcement, Security and Other Offices.
22 
— The Bureau shall have the authority to maintain coordination with the National Security
23 
Council, the Philippine National Police (PNP), and other law enforcement agencies of the
24 
government.
55


1
2
CHAPTER 5 
FEES AND CHARGES
3 
SEC. 122. Authority of the Board to Prescribe, Impose and Coiiect Fees and
4 
Charges. — The Board is authorized to prescribe, impose and collect fees and charges for
5 
services rendered, pursuant to the provisions of this Act
6 
CHAPTER 6
7 
ADMINISTRATIVE FINES
8 
SEC. 123. Fine for Faiiing to Submit Crew List or Passenger Manifest, or
9 
Faiiure to Account Every Passenger and Crew. — Any owner, operator, master, captain,
10 
pilot, agent, or consignee of a vessel arriving at any port in the Philippines from a place
11 
outside thereof who fails to submit to the immigration authorities a complete and accurate
12 
crew list or passenger manifest, or fails to produce or account every crewmember or
13 
passenger whose name appears in said list or manifest shall be subject to fines of One
14 
hundred thousand pesos (P100,000.00) and Fifty thousand pesos (P50,000.00) for each
15 
unaccounted person, respectively.
16 
SEC. 124. Fine for Vioiation of Obiigation on the Landing or Removai of
17 
Foreign Nationals. — Any owner, operator, master, captain, pilot, agent, or consignee of
18 
any vessel arriving at a port of the Philippines from a place outside thereof having a foreign
19 
national on board in violation of this Act shall be fined not less than Fifty Thousand pesos
20 
(P50,000.00) but not more than Two hundred thousand pesos (P200,000.00) for each act or
21 
violation consisting of:
22 
(a) Failure to prevent the landing of such foreign national in the Philippines at any
23 
time or place other than as designated by the Immigration Officer;
24 
(b) Refusal or failure to detain a foreign national on board any such vessel at the
25 
port of arrival when required by this Act or so ordered by an Immigration Officer;
56


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
(c) 
Refusal or failure to deliver a foreign nationai for medical or other examinations 
when so ordered by an Immigration Personnel;
(d) 
Refusal or failure 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 national's country of destination, or to shoulder the cost of deportation of 
the foreign crew member;
(g) 
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 if the 
latter is excluded, or taking any security from the foreign national for the payment of 
any such costs.
16 
SEC. 125. Fine for Bringing Undocumented Foreign National, or Foreign
17 
National Afflicted with Communicable or Contagious Disease, or Suffering from
18 
Mental Disorder. — The owner, operator, master, captain, pilot, agent, or consignee of the
19 
vessel arriving at a port in the Philippines from a place outside thereof bringing on board an
20 
undocumented foreign national shall be fined One hundred thousand pesos (R100,000.00)
21 
for each foreign national. If the foreign national is afflicted with a communicable or
22 
contagious disease or is suffering from mental disorder, the fine shall be not less than Two
23 
hundred thousand pesos (R200,000.00) but not more than Three hundred thousand pesos
24 
(P300,000.00) for each foreign national.
25
26 
SEC. 126. Fine for Bringing a Foreign National to Assist His Illegal Entry or
27 
Misrepresenting a Foreign National as a Member of the Crew. — The owner,
28 
operator, master, captain, pilot, agent, or consignee of the vessel arriving at any port in the
57


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
Philippines from a place outside thereof bringing on board a foreign national bound for the 
Philippines to assist the illegal entry of the foreign national, or 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 (P100,000.00) but not more than 
Two hundred thousand pesos (P200,000.00) for each foreign national.
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 solidarily liable for the fine imposed on such overstaying 
crewmember.
SEC. 128. Fine for Assaulting an Immigration Personnel— 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 at the ports of entry and exit, such foreign national shall be 
excluded or deported, as the case may be, and shall be fined Two Hundred Thousand Pesos 
(P200,000.00) without prejudice to the right of the aggrieved Immigration Personnel to file 
appropriate criminal, civil or administrative cases against such person.
For purposes of this Act, an Immigration Officer shall be considered a person in 
authority while 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 any other provision of this Act not 
specifically provided in this Chapter shall be fined not less than Fifty thousand pesos 
(P50,000.00) but not more than Two hundred thousand pesos (P200,000.00) for each 
violation.
CHAPTER 7 
PENAL PROVISIONS
58


1 
SEC. 130. Prohibited Acts and Penalties. - Any person who shall commit any of
2 
the acts specified hereunder shall, upon conviction, suffer the penalty of imprisonment for
3 
not less than five (5) years but not more than ten (10) years, or a fine of not less than One
4 
hundred thousand pesos (PlOO,000.00) but not more than Five hundred thousand pesos
5 
(P500,000.00), or both imprisonment and fine, at the discretion of the court:
6
7
8
(a) Impersonating another individual, or falsely appearing in the name of a deceased 
individual, or evading immigration laws by using an assumed or fictitious name when 
applying for an immigration document;
9
10
(b) Issuing or otherwise delivering an immigration document or an immigration 
accountable form to any person not authorized by law to receive such documents;
11
12
13
(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;
14
15
16
(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, misrepresentation, or concealment of material facts;
17
(e) Misrepresenting oneself to be a citizen of the Philippines;
18
19
(f) Knowingly making any false statement under oath regarding any immigration 
matter; or
20
21
22
23
(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.
24 
Where the offender of any acts specified in paragraph (g) of this section is a
25 
corporation, partnership or other juridicai entity, the president, general manager, managing
59


1 
partner, or chief executive officer thereof shall be held liable. Dismissal of the employee by
2 
the employer before or after apprehension shall not relieve such employer from any liability
3 
arising from the offense: Provided, That if the offender is the owner, operator, master,
4 
captain, pilot, agent, or consignee, or other person in charge of the vessel that brought the
5 
foreign national into the Philippines from any place outside thereof, the fine imposed under
6 
this section shall constitute a lien against the vessel which may be enforced in the same
7 
manner as fines are collected and enforced under existing laws. Such vessel shall not be
8 
allowed to depart without prior clearance issued by the Bureau. Where forfeiture is justified
9 
under the particular circumstances of the case, the forfeiture of the vessel in favor of the
10 
government in lieu of the fine shall be decreed.
11 
Conviction by final judgment of any offense punishable under this Act or other related
12 
laws shall result in the automatic revocation or cancellation of any immigration document
13 
issued to the offender, including that of the foreign national's spouse and unmarried children,
14 
if applicable.
15 
SEC. 131. Penalty for Aiding the Escape of Detained Foreign National.—Any
16 
person who shall be found to have helped, assisted, supported, caused or ministered the
17 
escape, including harboring and concealing, of a foreign national shall, upon conviction, be
18 
imprisoned for not less than five (5) years but not more than ten (10) years and a fine of not
19 
less than Two hundred thousand pesos (P200,000.00): Provided, That if the person liable is
20 
a foreign national, such person shall be deported after service of sentence: Provided further,
21 
That any tools, equipment, implements or vehicles used in the escape of a detained foreign
22 
national shall be destroyed or forfeited in favor of the government.
23 
SEC. 132. Penalty for Non-compliance of Subpoena. — Any person who, having
24 
been duly served with a subpoena, fails to comply without valid and justifiable reasons shall
25 
suffer the penalty of imprisonment of not more than fifteen (15) days or a fine of not more
26 
than One thousand pesos (PI,000.00), or both, at the discretion of the court.
27 
SEC. 133. Imposition of Maximum Penalty, When Applicable. — A person
28 
convicted under Republic Act No. 3019, as amended, otherwise known as the" Anti-Graft and
29 
Corrupt Practices Act", or other laws against corruption and bribery in relation to any violation
60


1 
or circumvention of any provision of this Act shall suffer the maximum penalty under the said
2 
Republic Act or other laws against corruption and bribery, as the case may be.
3 
CHAPTER 8
4 
UPGRADING OF POSITIONS, COMPENSATION AND BENEFITS
5 
SEC. 134. Creation of New Positions, Reclassification of Existing Positions
6 
and Upgrading of Salary Levels. - The following positions in the Bureau are hereby
7 
created, and the existing positions reclassified or upgraded, with the corresponding salary
8 
grade levels:
EXISITING POSITION
RECLASSIFIED POSITION/
NEWLY CREATED POSITION
SALARY
GRADE
From
To
Commissioner
Commissioner III
30
30
Deputy Commissioner
Deputy Commissioner III
29
29
Director II, Internal Affairs Service
26
Attorney V (Board of Special
Inquiry)
Attorney V, Board of Special
Inquiry
25
25
Attorney IV (Board of Special
Inquiry)
Attorney IV, Board of Special
Inquiry
23
23
Attorney III (Board of Special
Inquiry)
Attorney III, Board of Special
Inquiry
21
21
Attorney V (Legal Division)
Chief Legal Affairs Officer
25
25
Attorney IV (Legal Division)
Attorney IV, Legal Division
23
23
Attorney III (Legal Division)
Attorney III, Legal Division
21
21
61


EXISITING POSITION
RECLASSIFIED POSITION/
NEWLY CREATED POSITION
SALARY
GRADE
Chief Administrative Officer
(Administrative Division)
Chief Administrative Officer
24
24
Supervising Administrative Officer
(Administrative Division)
Supervising Administrative Officer,
Administrative Division
22
22
Chief Immigration Officer
(Alien Registration Division)
Chief Alien Registration Officer
24
24
Intelligence Officer V
(Intelligence Division)
Chief Immigration Intelligence
Officer
24
24
Chief Immigration Law
Enforcement Officer
24
Chief Immigration Officer
(Port Operations Division)
Chief Immigration Operations
Officer
24
24
Chief Immigration Officer
(Immigration Regulation Division)
Chief Immigration Regulation
Officer
24
24
Chief Human Resource
Management Officer (Chief
Personnel Specialist)
24
Supervising Human Resource
Management Officer
22
Chief Administrative Officer
(Rnance and Management
Division)
Chief Rnance and Logistics Officer
24
24
Supervising Administrative Officer
(Finance and Management
Division)
Supervising Administrative Officer,
Finance and Logistics Division
22
22
62


EXISITING POSITION
RECLASSIFIED POSITION/
NEWLY CREATED POSITION
SALARY
GRADE
Planning Officer V
(Planning and Policy Division)
Chief Planning and Research
Officer
24
24
Planning Officer IV (PPD)
Planning and Research Officer IV
22
22
Planning Officer III (PPD)
Planning and Research Officer III
18
18
Planning Officer II (PPD)
Planning and Research Officer II
15
15
Planning Officer I (PPD)
Planning and Research Officer I
11
11
Information Technology Officer III
(Management Information System
Div)
Chief Information and
Communications Technology
Officer
24
24
Information Technology Officer
Information Technology Officer
19
19
Information System Analyst II
Information System Analyst II
16
16
Supervising Immigration Officer
(IRD, ARD, POD)
Supervising Immigration Officer
22
22
Intelligence Officer IV
Senior Immigration Officer
Senior Immigration Officer
19
20
Immigration Officer III
Immigration Officer III
16
18
Intelligence Officer III
Immigration Officer II
Immigration Officer II
13
15
Intelligence Officer II
Special Investigator II
Immigration Officer I
Immigration Officer I
11
13
Intelligence Officer I
Special Investigator I
Intelligence Agent II
63


EXISITING POSITION
RECLASSIFIED POSITION/ 
NEWLY CREATED POSITION
SALARY
GRADE
Immigration Assistant
Administrative Officer V 
(Administrative Officer III)
Administrative Officer V 
(Cashier III)
Administrative Officer V 
(HRMO III)
Administrative Officer V 
(Records Officer III)
Administrative Officer V 
(Supply Officer III)
Administrative Officer V 
(Procurement)
Administrative Officer V 
(Management and Audit Analyst 
III)
Administrative Officer V 
(Budget Officer III)
Administrative Officer V
18
18
Medical Officer III
Medical Officer III
21
21
Computer Programmer II
Computer Maintenance 
Technoiogist II
Information Technology Officer I
15
19
Dentist II
Dentist II
17
17
Fingerprint Examiner IV
Fingerprint Examiner IV
15
15
Accountant III
Accountant III
19
19
Accountant II
Accountant II
16
16
Accountant I
Accountant I
12
12
64


EXISITING POSITION
RECLASSIFIED POSITION/
NEWLY CREATED POSITION
SALARY
GRADE
Board Secretary V
24
Regional Programs Coordinator
22
Training Specialist III
18
Psychologist III
18
Document Examiner III
18
Training Specialist II
15
Project Development Officer II
15
Psychologist II
15
Security Officer II
15
Computer Programmer I
11
1 
Upon the recommendation of the Commissioner, the Secretary of the DOJ shall
2 
reorganize, upgrade, or otherwise make adjustments in the offices of the Bureau as required
3 
by the implementation of this Act: Provided, That to the extent possible, the incumbent chiefs
4 
of sections and divisions whose offices are hereby affected may be upgraded to positions of
5 
comparable rank in the reorganization: Provided, further, That for the new positions created
6 
under this Act, the Board shall designate the personnel thereof.
7 
SEC. 135. Additional Grant of Benefits. —The Bureau shall provide its employees
8 
with the following benefits:
9
10
11
12
13
14
15
16
17
18
(1) Health care services through an accredited Health Maintenance Organization for 
its regular employees;
(2) Accident Insurance policies for all employees;
(3) Night Shift differential and overtime pay for actual work rendered, in accordance 
with existing guidelines;
(4) Longevity pay, subject to guidelines that shall be issued by the Board in 
accordance with existing laws and regulations and subject to the approval of the 
Secretary of the DBM;
(5) Transportation benefits;
(6) Quarters allowance; and,
65


1
2
(7) Hazard pay amounting to twenty percent (20%) of basic salary to qualified 
employees as may be determined by the Board.
3 
SEC. 136. Retention and Use of Immigration Fees, Fines and Other Income;
4 
Immigration Trust Fund. — The Board is hereby authorized to retain and use every year
5 
thirty per cent (30%) of its collections from immigration fees, fines and penalties, and other
6 
Income that may be collected by the Bureau for the effective implementation of this Act;
7 
Provided, That the amount so retained and used by the Board shail not exceed One billion
8 
two hundred million pesos (PI.2 Billion) every year; Provided, further, that the Board shall
9 
review every three (3) years the maximum allowable retained collections based on the needs
10 
of the Bureau under this Section, subject to the approval by the DBM; Provided, finaily, that
11 
any excess in the collections under this paragraph shall accrue to the general fund of the
12 
national government.
13 
There is hereby created an Immigration Trust Fund (ITF) sourced from the collections
14 
mentioned in this section. The ITF shall be administered by the Board in accordance with
15 
existing government auditing rules and regulations, and shall be used exclusively as follows:
16
17
18
(a) 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;
19
20
(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 the DOJ; and
21
22
(c) 20% for the further professionalization of the employees of the Bureau including 
trainings, seminars and other career advancement programs.
23 
All interest income, dividends and earnings accrued from the ITF shail also form part
24 
of the Fund. No portion of the ITF shall revert to the general fund of the National Government,
25 
except when the ITF is no longer necessary for the purposes for which it was established.
26
Collections from express lane fees under Section ll(o) of this Act shall not form part
66


of the UF, and shall be used strictly in accordance with the said provision.
2 
CHAPTER 9
3 
TRANSITORY PROVISIONS
4 
SEC. 137. Interim Period. — The incumbent Commissioner and the two Deputy
5 
Commissioners, if qualified under this Act, shall continue to discharge the functions of their
6 
position unless otherwise removed by the President. Ail personnel of the present Bureau of
7 
Immigration shall continue to discharge the functions of their positions pending the
8 
reorganization as provided in this Act.
9 
SEC. 138. Reorganization of the Bureau. — Upon approval of this Act, all
10 
employeesof the Bureau of Immigration covered by civil service rulesand regulations shall
11 
continue to hold their present positions pending the reorganization of the Bureau in
12 
accordance with the new staffing pattern: Provided, Tliat the salaries, wages, allowances and
13 
other benefits of incumbent officers and employees of the Bureau shall not be subject to
14 
diminution: Provided, further, Ttiat employees who have been dismissed for cause shall no
15 
longer qualify for any position in the Bureau.
16 
SEC. 139. Inventory and Transfer of Properties, Accounts, Assets, Liabiiities
17 
and Obligations to the Commission. — All buildings, properties, equipment, facilities,
18 
accounts, other assets, liabilities and other obligations as well as records of the Bureau of
19 
Immigration shall be properly inventoried and transferred to the Bureau.
20 
SEC. 140. Treaty or Agreement - Any treaty or agreement entered into between
21 
the Philippines and any foreign state before the effectivity of this Act shall remain in force
22 
and effect.
23
24 
SEC. 141. Pending Cases. - Any prosecution, suit, action, proceeding, or any act
25 
or matter, civil or criminal, pending at the time of the effectivity of this Act shall not be
26 
affected by any of the provisions of this Act unless otherwise explicitly stated herein.
27
28
CHAPTER 10
ADMINISTRATION AND IMPLEMENTATION
67


1 
SEC. 142. Administration and Implementation Abroad. - The administration
2 
and implementation of this Act abroad, including the rules and regulations, and specific visa
3 
policies or guidelines, shall be the responsibility of the DFA, with due notice to the Bureau
4 
and other concerned agencies and offices.
5 
SEC. 143. Implementing Rules and Regulations. — Within sixty (60) days from
6 
the effectivity of this Act, the Bureau shall, In coordination with the Secretaries of the DBM,
7 
the DOJ and the DFA, promulgate the rules and regulations for its effective implementation.
8 
SEC. 144. Appropriations. - The amount necessary to cover the initial
9 
implementation of this Act shall be charged against the following:
10 
(a) 
Current year's appropriation of the Bureau of Immigration; and
11 
(b) 
Immigration fees, fines and other income authorized under Section 134 of this
12 
Act.
13 
Thereafter, such sums as may be needed for its continued implementation shall be
14 
Included in the annual General Appropriations Act or sourced from the Immigration Trust
15 
Fund pursuant to Section 134 of this Act.
16 
CHAPTER 11
17 
FINAL PROVISIONS
18 
SEC. 145. Separability Clause. - Should any provision of this Act be declared
19 
invalid, the remaining provisions shall continue to be in force and effect.
20 
SEC. 146. Repealing Clause. - Commonwealth Act No. 613, otherwise known as
21 
the "Philippines Immigration Act of 1940", as amended, and Republic Act No. 750 entitled
22 
"An Act Designating as Special Agents of the Bureau of Immigration All Provincial, City and
23 
Municipal Treasurers, and Providing for the Allocations to the Provincial, City, and Municipal
24 
Governments of Ten Per Centum of Certain Fees Collected in Their Respective Territorial
25 
Limits", are hereby repealed. All other laws, presidential decrees, executive orders,
26 
proclamations, memorandum orders, instructions, rules and regulations or parts thereof
27 
inconsistent with this Act are hereby amended or modified accordingly.
28 
SEC. 147. Effectivity. - This Act shall take effect fifteen (15) days after its
29 
publication in the Official Gazette or in a newspaper of general circulation.
30 
Approved,
68