Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

‘TWENTIETH CONGRESS
First Regular Session

House BulNo,__3999

Introduced by Hon. Jeffrey P. Ferrer

EXPLANATORY NOTE

This bil is a refiled bil from the immediately preceding 19" Congress, which was filed by
former Representative Juliet Marie de Leon Ferrer, and was approved by the House of
Representatives on Third Reading during its First Regular Session. Unfortunately, the Senate
‘did not take action on the measure prior to the sine die adjournment of the 19° Congress,
thereby halting the progress of this crucial reform bil. inthis light, this bil is being refiled inthe
20 Congress.

The Philippine Immigration Act of 1940, the principal law goveming immigration in the
country, is a seventy-five (75) year-old law. Thus, several of its provisions have inevitably
become obsolete and cannot adequately address the demands of present-day realities. Since
the 9th Congress, the House of Representatives has consistently pursued efforts to reform and
modernize the Philippine immigration system by proposing measures aimed at reorganizing the
Bureau of Immigration. Despite the repeated filing and deliberation of such measures. in
successive Congresses, no corresponding statute has been enacted to date. Consequently,
Joopholes in the Philippine immigration system have emerged, facilitating exploitation by certain
foreign nationals engaged in organized criminal activites such es illegal gambling, human
trafficking, terrorism, illegal recruitment, and narcotics distribution.

‘This proposed legistative measure aims to overhaul and strengthen the operations of the
Bureau of Immigration by instituting a well-defined organizational structure, enhancing its
institutional capabilities, and professionalizing its workforce. To attract and retain qualified
Bersennel, the bil provides fr increased salay grades for entyevel and sical positions
y it proposes the creation of an Immigration Trust Fund (ITF), sourced from the
Bureau's realned come, to support the continued modemization of equipment, facilities, and
infrastructure, as well as employee training, welfare, and professional development.

Moreover, the measure seeks to consolidate and align all existing immigration policies
related to visa issuance and enforcement to ensure a coherent, transparent, and predictable
legal framework.

In essence, this proposed legislation lays the groundwork for a responsive, modem, and
lobally-aligned immigration service, anchored on the principles of professionalism,
‘accountability, and administrative efficiency. In view of the foregoing, the immediate passage of
this measure is eamestly urged.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Philippines

‘TWENTIETH CONGRESS
First Regular Session

House Bit No, 3999

Introduced by Hon, Jeffrey P. Ferrer

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

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

TITLE I
GENERAL PROVISIONS

SEC. 1. Short Title. — This Act shall be known as the “Immigration
Modernization Act”.

‘SEC. 2. Declaration of Policy. — In the conduct of its relations with other States,
the Philippines shall give paramount consideration to national sovereignty, territorial
integrity, national security, national interest, the right to self-determination, the
enhancement of economic diplomacy, and the protection of overseas Filipinos in
destination countries as it adheres to the policy of peace, cooperation, and amity with
all nations. To this end, Philippine immigration policies, rules and regulations under this
Act shall be applied and administered as instruments for the promotion of domestic and
external interests of the Philippines, in recognition of:

(a) _ the necessity for encouraging and enhancing capital investments, trade and
commerce, cultural exchanges and other forms of friendly relations and
cooperation;

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

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

(d) the fulfillment of obligations and compliance with standards set by
international law in the admission and 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


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SEC.

(a)

(b)

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(d)

(e)

(0)
(9)

(h)

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the professionalization of the immigration service by instituting a rigid system
of screening and selection of immigration officials and employees and
promoting their development.

3. Definition of Terms. — As used in this Act:

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

Border Control Officer refers to any person authorized to man the Border
Control Checkpoints as provided in this Act;

Captain refers to the master of a vessel or pilot of an aircraft;

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

Citizen refers to any person who is a citizen of the Philippines under Section
1, Article IV of the Constitution of the Republic of the Philippines;

Commissioner refers to the Commissioner of the Bureau of Immigration;

Commitment Order refers to an order issued by the Commissioner under this
Act that directs the taking into custody of a foreign national after it has been
determined that probable cause exists that a 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;

Consular Officer 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;

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

(1) Blacklist Order refers to an order issued by the Commissioner that
Prevents a foreign national from entering the territorial jurisdiction of
the Philippines;

(2) Hold Departure Order 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;

(3) Monitor Order 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; and


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0)

(m)

(n)

(0)

(p)

(a)

(r)

(s)

(ty)

(u)

(4) Alert Order refers to an order issued by the Commissioner pursuant to
a validly issued warrant of arrest;

Entry 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;

Exclusion 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 alien refers to any person who is not a citizen of the
Philippines;

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

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

Immigration Officer refers to any person appointed under Title II, Chapter 8
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 a state or territory where there are valid reasons to believe that
the life or freedom of such refugee or asylum seeker would be threatened on
account of race, religion, nationality, membership in a particular social group,
or political opinion;

Passport refers to a document issued by 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, and in case of need to give
them all lawful aid and protection;

Person refers to a natural person or a juridical person such as a partnership,
corporation, company, or association;

Port of entry refers to any port designated by the Commissioner through
which a foreign national may enter or exit the Philippines;

Refugee 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

3


being outside such person’s country of former habitual residence, is unable
oF, owing to such fear, unwilling to return to it;

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

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

(x) Travel document refers to a certification or identifying document containing
the description and other personal circumstances of its bearer, issued for
direct travel to and from the Philippines valid for short periods or a particular
trip. It is issued only to persons whose claim to Philippine citizenship is
doubtful or who fall under the category enumerated in Section 13 of Republic
‘Act No. 8239, otherwise known as the “Philippine Passport Act of 1996", as
amended;

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

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

TITLE Ir
THE BUREAU OF IMMIGRATION

CHAPTER 1
THE BUREAU

SEC. 4. Overview. — The Bureau of Immigration, hereinafter referred to as the
“Bureau", shall be under the control and supervision of the Department of Justice
(DOJ). The Bureau shall be principally responsible for the administration and
enforcement of this Act, and the implementation of all laws, rules and regulations, or
orders of any competent authority concerning the entry and admission into, stay in and
the departure from the Philippines of 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. — 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 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

4


appointment: Provided, further, That at least one (1) member of the Board shall come
from the ranks of the Bureau.

SEC. 6. Powers and Functions. — The Board shall have the following powers and
functions:

(a) Decide on applications or cases relative to:
(1) Deportation;
(2) Issuance of all visas; and
(3) 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;

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

(e) 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. — All cases or proceedings before the Board shall be decided
with the concurrence of the majority of the members of the Board. A decision of the
Board or a resolution on a motion for reconsideration shall become final and executory
fifteen (15) days from notice thereof by the concerned party, unless before the expiry
of such period, a motion for reconsideration or an appeal is filed before the Office of
the Secretary of Justice or the Office of the President.

SEC. 8. Appeals. — The decision of the Board or a resolution on a motion for
reconsideration may be appealed to the Secretary of Justice or the Office of the
President within fifteen (15) days from notice thereof by the concerned party. Unless
otherwise ordered by the Secretary of Justice or the President, the filing of an appeal
shall not stay the execution of the decision or resolution appealed from.

SEC. 9. Meetings. — 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. 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 Duties of the Commissioner. — In addition to the duties
as Chairperson of the Board, the Commissioner shall also undertake the following:


(a) Supervise, direct and coordinate the overall operations of the Bureau;

(b) Exercise control and supervision over the officers and personnel of the Bureau,
including the power to appoint, designate, and reassign personnel, and
recommend to the Secretary of Justice appointments and promotions to senior
positions, subject to civil service laws, rules and regulations;

(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
Bureau, except the powers and functions enumerated in paragraph (c) of this
section, which may be delegated only to a Deputy Commissioner;

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

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

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

(h) 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;

(i) Deputize any official or employee of the national government and local
government units, including uniformed personnel of the Armed Forces of the
Philippines, the Philippine National Police, and the Philippine Coast Guard to
assist immigration personnel in the performance of their duties and functions;

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

(k) 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;

(I) Impose reasonable fines and penalties for violations of immigration and alien
registration laws in accordance with this Act and the guidelines adopted by

6


the Board;

(m) 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;

(n) 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;

(0) Submit to the President and to Congress, annually or as may be directed,
a report on:

(1) the number and status of foreign nationals in the Philippines;

(2) foreign nationals admitted or granted change of status as permanent
residents;

(3) foreign nationals who have been excluded or deported from the Philippines;

(4) the estimated number of 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;

(p) Determine the manning levels of Immigration Officers of the Bureau nationwide
in accordance with the number of arrivals in each port of entry;

(a) Exercise disciplinary authority over personne! of the Bureau charged with less
grave and light administrative offenses, in accordance with civil service rules:
Provided, That the disciplinary authority over those charged with grave
administrative offenses under civil service rules shall belong to the Secretary
of Justice;

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

(s) Require all vessel operators to submit advance passenger information and
prescribe penalties for the violation hereof;
(t) Engage foreign counterparts pertaining to border control;

(u) Designate Senior Immigration Officers who will oversee and supervise
immigration operations in all international airports and seaports; and

(v) 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

7


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 perform such duties as may be
required by law or regulation, or as may be specified by the Commissioner not
otherwise inconsistent with law.

CHAPTER 4
THE BOARDS OF SPECIAL INQUIRY

SEC. 14. 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. 15. Appointment and Qualifications of the Chairpersons and Members
of the BSI. — The Chairpersons and members of the BSI shall be appointed by the
‘Commissioner, shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty (30) years of age, members of the Philippine Bar in good
standing and have been engaged in the practice of law for at least three (3) years prior
to appointment.

‘SEC. 16. Powers and Functions. — The BSI shall:

(a) Recommend to the Board for final resolution cases and applications relative to:

(1) Deportation;
(2) Revocation of immigration status; and
(3) Legalization of residence in accordance with law;

(b) Recommend to the Commissioner for appropriate action cases and applications
relative to:

(1) Citizenship matters; and

(2) Issuance of alien certificates of registration to asylum seekers, refugees
and stateless persons;

(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 Commissioner the imposition, waiver, or reduction of 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 Commissioner;


(g)Promulgate rules and regulations governing matters within its assigned
mandate, subject to the approval of the Commissioner; and

(h) Perform such other duties and functions as may be directed by the
Commissioner.

SEC. 17. Proceedings. — The proceedings before the BSI shall be public and
recorded. In all cases, the BSI shall meet and act as a collegial body. Only members of
the Philippine Bar in good standing may appear for and in behalf of any party before
the BSI.

‘SEC. 18. Creation of Positions. — The positions created under the BSI shall have
the following classification and salary grades:

DESIGNATION POSITION | SALARY GRADE
Chairperson ‘Attorney V. 25
Members ‘Attorney 1V 23
CHAPTER 5

DIVISIONS AND OTHER OPERATING OFFICES OF THE BUREAU

SEC. 19. Divisions and Other Operating Offices of the Bureau. — The Bureau
shall have the following Divisions and other operating offices, namely:

(a) _ Divisions:

(1) Administrative;

(2) Alien Registration;

(3) Finance and Logistics;

(4) Human Resource Management and Development;
(5) Immigration Regulation;

(6) Information and Communications Technology;
(7) Immigration Intelligence;

(8) Immigration Law Enforcement;

(9) Legal Affairs; and

(10) Planning and Research;

(b) Regional Offices that shall be proposed by the Board according to political or
administrative regions, and created pursuant to authorization by Congress;
and

(©) District and Field Offices.

SEC. 20. Heads of the Divisions and Other Operating Units. — Each Division
shall be headed by a Division Chief with a Salary Grade (SG) of SG-24, except the
Legal Affairs Division, which shall be headed by an Attomey V, SG-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 prior to
appointment, and that the Chief for Finance and Logistics must be a Certified Public
Accountant in good standing for at least three (3) years prior to appointment.


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

SEC. 21. Organizational Structure and Staffing Pattern of the Bureau. — The
Board shall determine the organizational structure and staffing pattern of the Bureau in
accordance with the revised compensation and position classification system, subject to
the review and approval of the Department of Budget and Management.

SEC. 22. Administrative Division. — The Administrative Division shall have the
following functions:

(a)

(b)
()

(d)

Develop and implement an administrative support strategy for the
Bureau;

Coordinate all administrative functions of the Bureau;

Monitor and evaluate all policies and programs of the Bureau, and
recommend to the Board such policies, programs and measures for the
effective and efficient administration of the Bureau; and

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

SEC. 23. Alien Registration Division. — The Alien Registration Division shal! have
the following functions:

(a)

(b)

(©)

(a)

Formulate plans and policies for the implementation of the Alien
Registration Program;

Establish and implement measures for the effective registration,
monitoring and accounting of aliens, including the collection and
safekeeping of biometric data of all aliens pursuant to this Act and other
laws, rules and regulations;

Monitor and evaluate all policies, programs and measures relative to alien
registration, and recommend to the Commissioner such measures to
improve the system of alien registration; and

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

SEC. 24. Finance and Logistics Division. — The Finance and Logistics Division
shall have the following functions:

(a)

(b)
(.)
(a)
(e)

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;

10


(f)

(9)

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

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

‘SEC. 25. Human Resource Management and Development Division. — The
Human Resource Management and Development Division shalt have the following

functions:

(a)
(b)
)
«@)
(e)
(fy
(9)

(h)

Develop and execute human resource strategies in support of the overall
plan and strategic direction of the Bureau especially in the areas of
selection, hiring and promotion;

Design employee training modules;

Develop comprehensive strategic recruitment and retention plans to meet
human capital strategy goals;

Set qualification standards and implement competency-based hiring and
promotion policies;

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

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

Prepare and implement schemes to strengthen the relationship between
management and employees; and

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

SEC. 26. Immigration Regulation Division. — The Immigration Regulation
Division shall have the following functions:

(a)

(b)

(c)

(a)

(e)

(f)

Formulate plans and programs for the effective enforcement of
immigration laws relating to the admission, sojourn, and exit of aliens;

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

Establish policies for the effective surveillance, monitoring and supervision
of all bay service operations of all 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 policies for temporary visitors’ visa extension
and permits;

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

ut


(9)

(hy

(i)

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. 27. Information and Communications Technology Division. — The
Information and Communications Technology Division shall have the following

functions:

(a)

(b)

()

(d)

(e)

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

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

SEC. 28. Immigration Intelligence Division. — The Immigration Intelligence
Division shall have the following functions:

(a)

(b)

©

(d)
(e)

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

Manage the conduct of intelligence and counter-intelligence activities of
the Bureau;

Serve as the linkage between the Bureau and foreign counterparts or
embassies;

Initiate development of intelligence training modules; and

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

SEC. 29. Immigration Law Enforcement Division. — The Immigration Law
Enforcement Division shall have the following functions:

(@)

(b)

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

Exercise command, control, direction, coordination, and supervision of all
law enforcement activities of the Bureau, such as the deployment of

12


(c)
(a)

(e)

(fy)

personnel, subject to the power of the Commissioner under Section 11(b)
of this Act;

Develop and implement law enforcement training modules;

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

Direct operations regarding the control, security and administration of
staff, persons deprived of liberty, and equipment at the immigration
detention facility; and

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

SEC. 30. Legal Affairs Division. — The Legal Affairs Division shall have the
following functions:

(a)

(b)

(c)

(d)
(e)

(f)

(9)

Serve as the legal office 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 lawyers in the division as Special Prosecutors for regular
deportation proceedings;

Implement deportation orders;

Review 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.

SEC. 31. Planning and Research Division. — The Planning and Research Division
shall have the following functions:

(a)

(b)
()
(a)

(e)

Formulate and implement the Bureau's programs, projects and processes
for planning and research;

Facilitate and organize strategic planning sessions for the entire Bureau;
Conduct workload assessment and forecasting;

Assist the Board in the implementation and establishment of a risk
management process;

Implement a monitoring feedback measurement and evaluation system
for the implementation of all Bureau policies, projects, and programs;

13


(f) Represent the Board in meetings relating to planning and research; and
(9) Perform such other tasks as may be directed by the Commissioner,

CHAPTER 6
IMMIGRATION OFFICERS

SEC. 32. Qualifications of Immigration Officers. — No person shall be
appointed to the position of Immigration Officer unless such person meets the
qualification standards set by the Bureau and approved by the CSC.

SEC. 33. Powers and Duties. — The Immigration Officers shall have the following
powers and functions:

(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;

(c) Administer oaths in connection with the performance of their duties, as may
be authorized by law;

(d)Search for foreign nationals on any vessel believed to be used to illegally
transport 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;

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

(g)Detect and report subversive acti
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;

(i) 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;

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

ities of aliens in the interest of national

14


(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;

(0)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;

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

(s) Assist and escort deportees, excluded passengers and transiting restricted
passengers until finally boarded;

(t) Investigate and escort from ports of entry intercepted passengers who are
found in possession of spurious travel documents;

(u)Implement Warrants of Deportation and Mission Orders involving foreign
nationals who violate or are in violation of immigration laws, rules and
regulations; and

(v)Perform such other functions as may be assigned by the Commissioner from
time to time.

Qualified Immigration Officers and Immigration Agents with the requisite training
and experience may be assigned to the Intelligence, Law Enforcement, Alien
Registration, or Immigration Regulation Divisions depending on the exigencies of the
Bureau.

CHAPTER 7
CAREER DEVELOPMENT PATTERN

SEC. 34. Career Development. — The Bureau shall:

(a)Establish and strengthen the Philippine Immigration Academy which shall be
under the contro! and supervision of the Commissioner;

(b)Create a continuing program to enhance the knowledge, skills and
competence of all personnel through a career advancement training and
‘education prior to their promotion; and

(c)__ Formulate training requirements to implement the provisions under this
Title.

CHAPTER 8
OTHER OFFICES

SEC. 35. Changes in the Composition, Distribution and Assignment of
Personnel. — The Commissioner may make changes in the composition, distribution
and assignment of regional, district and field offices as well as its personnel, based on
the demographics of foreign nationals and as the exigency of the service requires,
subject to civil service rules and regulations.

15


SEC. 36. Border Control Checkpoints. — In addition to international airports and
seaports, there shall be established Border Control Checkpoints which shall be manned
by Immigration Officers appointed as Border Control Officers by the Commissioner. The
Border Control Checkpoints shall be placed in specific areas. Border Control Officers
shall perform the following duties:

(a)Conduct immigration formalities to foreign nationals passing through their
areas of responsibi

(b) Enforce immigration laws, rules and regulations;

(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 1
IMMIGRATION

CHAPTER 1
NON-IMMIGRANTS

SEC. 37. Categories of Non-immigrants and Types of Visa Issued. —
Foreign nationals departing from any place outside the Philippines who are otherwise
admissible and qualify under any one of the following categories may be admitted as
non-immigrants:

(a) Temporary visitors (A Visas): Visitors coming to the Philippines for a
temporary period for reasons of business, pleasure or health:

(1) Business (A-1 Visa): Temporary visitors engaged in activities of a
commercial or professional nature for a foreign employer or for
themselves that will not result in gainful employment in the Philippines.
As used herein, the term “business” refers to conventions, conferences,
consultations and other legitimate activities of a commercial or a
professional nature, but does not include local employment or labor
for hire;

(2) Pleasure (A-2 Visa): Temporary visitors who stay in the Philippines for
holiday, including sightseeing, recreation or visiting relatives; and

(3) Health (A-3 Visa): Temporary visitors who stay in the Philippines to
avail of medical treatment;

(b) Transit Persons (B Visa): Persons in transit through the Philippines solely for
a layover and who have a confirmed connecting flight to another country, or
passengers in immediate and continuous transit to a destination outside the
Philippines;

16


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

(d) Treaty Traders (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens of a
country that has a trade treaty with the Philippines, including their family members,
and who come to work in the Philippines for either a company they own or one that is
at least fifty percent (50%) owned by nationals of their home country and which
company is engaged in substantial trade between the Philippines and their home
country, shall be granted a D-1 visa;

Citizens from a country that has an investor treaty with the Philippines, including
their family members, and who come to work in the Philippines for a business they own
or one that is at least fifty percent (50%) owned by nationals of their home country,
which business is supported by a substantial investment from nationals of their home
country, shall be granted a D-2 visa;

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

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

(i) Heads of State and Heads of Government and their personal
representatives;

(ii) Members of reigning royal families from countries recognized by

the Philippine Government;

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;

Presiding officers of national legislative bodies;

Justices or judges of the highest national judicial bodies;

Diplomats and career consular officials on foreign assignment in

the Philippines;

Military, naval, air and other attaches assigned to a diplomatic

mission; and

(ix) Accompanying spouses and unmarried dependents of foreign
nationals within the abovementioned categories;

gible 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.

(2)

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

7


(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 foreign
nationals within the abovementioned categories;

(3) Persons eligible for E-3 Visa: The E-3 visa shall be issued to an official
of a foreign government recognized by the Philippines, is a national of
the country whose 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.

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

(i) Diplomatic couriers regularly and professionally employed as
such;

(ii) All members of official special missions of a diplomatic character;

(iii) Members of delegations proceeding to or from an international
conference of a diplomatic or official natut ind

(iv) Such other officials going to the Philippines on diplomatic or
official missions;

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

All visas described in this subsection (e) shall be exclusively issued and renewed
by the Department of Foreign Affairs (DFA), which shall also determine the type of
E-Visa of Foreign Government Officials not identified in the foregoing lists. The grant of
immunities and privileges shall be subject to applicable domestic and international jaw
and international agreements to which the Philippines is a party, as well as in
consideration of the principle of reciprocity;

(f) Students (F Visa): Foreign students having means sufficient for their
support and education in the Philippines who seek to enter the Philippines temporarily
for the sole purpose of taking up a course of study higher than high school at a
university, seminary, academy or college accredited to admit such foreign students by
the Commission on Higher Education (CHED) in coordination with the Bureau;

(g) Employment (G Visa): Foreign nationals coming to the Philippines on
prearranged employment, including their family members accompanying or following to
join them within the period of their employment. This category includes intra-company
transferees, professionals, performing artists, athletes, and cultural exchange workers
under a work exchange program;

(h) — Religious Workers (H Visa): Duly ordained or professional missionaries and
religious ministers, including members of their family, coming to the Philippines to join
a religious congregation or denomination duly registered with the Securities and
Exchange Commission, upon invitation, sponsorship or guarantee of such religious

18


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 in accordance with the following categories:

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

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

(3) Persons eligible for 1-3 Visa: The I-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 I-4 Visa shall be issued to the private
employees and household members of persons to whom I-1 and I-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 described in this subsection (i) 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;

(i) Media Workers (J Visa): Foreign media personnel or correspondents, duly
accredited by the government agency concemed, who are bona fide representatives of
a foreign press, radio, 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 them or
subsequently joining 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;

(I) Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined

in this Act and in the 1951 Convention Relating to the Status of Refugees and its 1967
Protocol shall be issued L-1 Visas. Stateless persons as described in this Act shall be

19


issued L-2 Visas. The President or the Secretary of Justice, for humanitarian reasons
not inimical to public interest, shall have the exclusive authority to admit refugees and
stateless persons in such classes of cases and under such conditions as they may
prescribe. The President or the Secretary of Justice shall likewise have the exclusive
authority to cancel, revoke, or cease the refugee or stateless status of an individual;
and

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

All other visas issued by other agencies and offices authorized to issue visas in
accordance with existing laws, except the DFA, shall be implemented by the Bureau
subject to requirements prescribed by the Commissioner.

CHAPTER 2
IMMIGRANTS

SEC. 38. Quota Immigrants. — Subject to the conditions set forth in this Act,
there may be admitted into the Philippines, based upon immigration reciprocity and
upon allotment by the Commissioner, “quota immigrants”, not to exceed two hundred
(200) of any one nationality for any one calendar year. The following order of
preference shall be observed in the allotment of quota immigrants:

(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

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

SEC. 39. 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 the first preference by any nationality is not utilized, the balance thereof shall be
given to the second, third, and fourth preferences for the same nationality in
accordance with the preceding section. Any unused quota allotment for a calendar year
shall not be carried over and utilized for the ensuing calendar year.

20


SEC. 40. Basis in Determination of Quota Allotment. — The numerical
limitation imposed under Section 38 of this Act shall be on the country of which the
immigrant is a national or a citizen.

SEC. 41. 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 abandoni
foreign spouse, the failure to give support by the foreign spouse to the
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;

(b) A person of Filipino descent regardless of generation;

(c) A child born to a mother during her temporary visit abroad, the mother
being a foreign national and lawful permanent resident of the Philippines, if
accompanied by or coming to join the mother who applies for admission within five (5)
years from the birth of the child;

(d) A child born subsequent to the issuance of an immigrant visa to the
accompanying parent, the visa not having expired or revoked;

(e) A foreign national who had been previously lawfully admitted into the
Philippines for permanent residence who is returning from a temporary visit abroad to
an unrelinquished residence in the Philippines;

(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

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

CHAPTER 3
NATIVE-BORN FOREIGN NATIONAL

SEC. 42. Status of Children Born to Immigrants. — A child born in the
Philippines to a parent who is a foreign national and a lawful resident of the Philippines
shall be deemed a native-born permanent resident.

SEC. 43. Status of Children Born to Non-immigrants. — A child born to
parents who are both non-immigrants shall be deemed a native-born non-immigrant or
temporary resident and may remain in the Philippines only during the period of
authorized stay of the parents, unless the child reaches the age of eighteen (18) years
while continuously residing in the Philippines, in which case such child may apply for
naturalization under existing laws or for an appropriate visa.

21


CHAPTER 4
ADJUSTMENT OF STATUS

SEC. 44. Conditions for Adjustment of Status of Foreign Nationals. — The
status of a foreign national admitted into the Philippines as non-immigrant may be
adjusted by the Board to that of a foreign national lawfully admitted as a permanent
resident if:

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

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

(c) a quota immigrant visa is immediately available to the foreign national at the
time of application, without the need of first departing from the Philippines.

In alll such cases, the personal appearance of the foreign national shall be required
during the consideration of the application.

SEC. 45. Effect of Approval on Application for Adjustment. — Upon the
approval of an application for adjustment of status under the preceding section, the
Commissioner shall record the foreign national’s lawful admission as a permanent
resident as of the date of the approval of the application.

SEC. 46. Adjustment of Status, When Not Allowed. — Adjustment of status
under this Act shall not be applicable to:

(a) foreign nationals who have violated or are in violation of immigration laws,
rules and regulations, unless the violation is for purely technical reasons or without
the fault of the foreign national; and

(b) transients.

SEC. 47. Loss of Status. — A registered foreign national, except a temporary
visitor, who fails to return to the Philippines within a period of one (1) year from
departure shall lose the status granted under this Act. Such foreign national may apply
for an extension of the period within which to return prior to its expiration and pay the
prescribed fees and charges in order to maintain the status or type of visa granted.

CHAPTER 5
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS,

SEC. 48. Documentary Requirements of Non-immigrants. —
Non-immigrants must present for admission into the Philippines valid passports issued
by the governments of the countries to which they owe allegiance or other travel
documents showing their nationality and identity as prescribed by regulations, a valid
visa granted by the Consular Officer, if required, and such other relevant documents as
may be required under existing laws, rules, regulations, or multilateral or bilateral
agreements.

‘SEC. 49. Conditions and Period of Authorized Stay of Temporary Visitors.
— The initial period of authorized stay of a foreign national admitted as a temporary

22


visitor under Section 37(a) of this Act shall not exceed fifty-nine (59) calendar days
from the date of arrival, subject to bilateral, regional and multilateral visa agreements
entered into by the Philippines: Provided, That the conditions for extensions and total
period of authorized stay shall be prescribed by the Commissioner: Provided, further,
That during the foreign national's authorized stay, such foreign national shall not:

(a) take any employment, whether paid or unpaid;
(b) establish or join in any business; or

(c) enroll or become a student at a school, college, university, academy, or other
educational institution, unless granted, upon proper application, a conversion
to another immigration status provided under this Act.

SEC. 50. Submission of Crew List and Passenger Manifest. — Simultaneous
to the vessel's departure from the port of origin, the master, captain, agent, owner or
consignee of any vessel arriving in the Philippines shall submit to the Bureau, within a
reasonable time prior to such arrival, the crew lists, passenger manifests and such
other information concerning the persons arriving on such a vessel. In the same
manner and condition, the master, captain, agent, owner or consignee of any vessel
departing from any port in the Philippines shall submit to the Bureau, within a
reasonable time prior to such departure, the crew list, passenger manifest and such
other information concerning the persons departing on such vessel. The crew list of an
incoming sea craft shall contain the appropriate visa granted by the Consular Officer.

SEC. 51. Inspection of Crewmembers. — It shall be the duty of the master,
captain, agent, owner or consignee of any vessel arriving in the Philippines to have
available on board, for inspection by Immigration Officers, any foreign crewmember
employed on such vessel and, when required by the immigration authorities, to detain
‘such crewmember on board after inspection or to remove such crewmember. No
crewmember on board such vessel shall be discharged while the vessel is in port
without the permission of the Commissioner.

SEC. 52. Permission for Temporary Landing of a Foreign Crewmember. —
A foreign crewmember on a vessel arriving in the Philippines may be permitted to land
temporarily under such conditions as may be prescribed by the Commissioner. All
expenses incurred by the Bureau while the crewmember is on land shall be borne by
the master, captain, agent, owner or consignee of the carrying vessel.

CHAPTER 6
DOCUMENTATION AND ADMISSION OF IMMIGRANTS

SEC. 53. 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;

(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

23


permit, if the child is accompanied by either parent within five (5) years from the
date of the child’s birth; and

(©) _ 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.
CHAPTER 7
VISA ISSUANCE

SEC. 54. Nature of Visa. — A visa by itself does not authorize or guarantee
entry into the Philippines. Nothing in this Act shall be construed to automatically entitle
any foreign national, to whom a visa or other travel document has been issued, to
enter the Philippines if, upon arrival at a port of entry, such foreign national is found to
be inadmissible under this Act or any other law.

SEC. 55. Visa Policy. — The procedure for the application and issuance of visas
referred to in this Act shall be formulated by the Bureau, in consultation with the DFA
and other concerned government agencies and offices when appropriate.

CHAPTER 8
RE-ENTRY AND EMIGRATION CLEARANCE

SEC. 56. Re-entry. — In all instances when a registered foreign national,
except a temporary visitor, departs or is about to depart temporarily from the
ilippines with the intention to return within one (1) year from departure, the foreign
national must secure a re-entry permit or, if the authorized stay is less than one (1)
year, a Special Return Certificate, and pay the corresponding fees and charges therefor.

SEC. 57. Emigration Clearance. — A registered foreign national who departs
permanently from the Philippines shall surrender all Philippine immigration documents
and apply for and be issued an Emigration Clearance Certificate, subject to the
following conditions:

(a) The immigrant has no pending obligation with the government or any of
its agencies or instrumentalities;

(b) _ The immigrant has no pending criminal, civil, or administrative proceeding
which requires continued presence in the country; and

(c) There is no ongoing legislative inquiry where the immigrant is called upon
to testify as a witness.

A temporary visitor departing from the Philippines shall, after the expiration of the
initial authorized stay, apply for emigration clearance and pay the prescribed fees and
charges therefor.

CHAPTER 9
PRESIDENTIAL PREROGATIVES

SEC. 58. Presidential Prerogatives. — Any provision of this Act to the
contrary notwithstanding, the President may:

24


(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;

(b) Waive passport or documentary requirements for non-immigrants and
immigrants under such terms and conditions as may be prescribed;

(c) Change the status of non-immigrants by allowing them to acquire
permanent residence status without necessity of a visa;

(d) Deport any foreign national, subject to the requirement of due process;

(e) Admit non-immigrants not otherwise provided for in this Act for
humanitarian considerations and when not detrimental to public interest, under
such terms and conditions as may be prescribed; and

(f) Exercise, with respect to foreign nationals in the Philippines, such powers
as are recognized by the generally accepted principles of international law.

TITLE IV
PROVISIONS RELATING TO ENTRY

CHAPTER 1
CLASSIFICATION OF PORTS OF ENTRY

SEC. 59. 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. 60. Arrival Formalities. — 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 Immigration Officer to admit any foreign national may be challenged by another
Immigration Officer on any ground provided in this Act. The final determination on the
admissibility of such foreign national shall be determined by the Commissioner or
his/her authorized representative. The resolution shall be reflected in the system of
the Bureau,

SEC. 61. Arrival Notice Requirements of Vessel. — The immigration
authorities shall be given prior notice of the arrival of any vessel before such vessel
‘comes into any area in the Philippines from any place outside thereof.

25


If, upon arrival in any area other than the designated port and there is no
available Immigration Officer therein, the master, pilot, captain, agent or consignee
shall not allow the passengers and crew members to disembark or leave the primary
inspection area until the Immigration Officer shall have conducted the primary
inspection formalities.

CHAPTER 3
FOREIGN CREWMEMBER

SEC. 62. Conditional Permit to Disembark. — A foreign crewmember of a
vessel under Section 37(c) of this Act may be granted a conditional permit, in a form
prescribed by regulations, to disembark temporarily from the vessel on which such
‘crewmember arrived while the vessel remains in port under such terms and conditions
as may be prescribed by the Commissioner.

SEC. 63. Confiscation and Cancellation of Permit; Deportation from the
Philippines. — Upon the determination that the foreign national is not a bona fide
crewmember or does not intend to depart on the vessel that brought him, the
Commissioner shall cancel and confiscate the conditional permit already issued, take
such foreign national into custody, and require the owner, operator, captain, master,
pilot, agent or consignee of the vessel on which the foreign national arrived to receive
and detain the foreign national on board. The expenses for removal of the foreign
national, including the cost of detention and other expenses incidental thereto, shall be
borne by the owner, operator, captain, master, pilot, agent or consignee of such vessel.

SEC. 64. Liability for Overstaying Foreign Crewmember. — A foreign
‘crewmember who remains in the Philippines in excess of the period allowed in the
conditional permit issued shail be solidarily liable with the owner, operator, captain,
master, pilot, agent or consignee of the vessel for the payment of the penalties
prescribed in Section 109 of this Act.

SEC. 65. Liability for Unauthorized Discharge of Foreign Crewmember. —
It shall be unlawful for any person, including the owner, operator, captain, master, pilot,
agent or consignee of any vessel, to discharge any alien employed as a crewmember
‘on a vessel arriving in the Philippines without first obtaining the prior permission of the
Commissioner or his/her authorized representative. Otherwise, such person or owner,
operator, captain, master, pilot, agent or consignee of the vessel shall pay such fines as
may be prescribed under this Act. No vessel shall be granted clearance from any port in
the Philippines while such fines remain unpaid or while the validity thereof is being
determined: Provided, That a clearance may be granted prior to such determination
upon deposit of a sum or cash bond sufficient to cover such fines as approved by the
Commissioner,

SEC. 66. Duty to Report Desertion or Illegal Landing of Foreign
Crewmember. — The owner, operator, captain, master, pilot, agent or consignee of
any vessel shall immediately report, in writing, to the Immigration Officer all cases of
desertion or illegal disembarkation in the Philippines from the vessel, together with a
description of such foreign nationals and any information that shall facilitate their
apprehension.

SEC. 67. Requirement for Submission of List of Newly Employed,
Discharged and Illegally Landed Foreign Crewmembers. — Prior to the departure

26


of any vessel from the last port in the Philippines destined to any place outside thereof,
the owner, operator, captain, master, pilot, agent or consignee thereof shall deliver to
the Immigration Officer at that port a list containing:

(a) The names of crewmembers who were not employed thereon at the time of the
vessel's arrival on such port but will depart thereat on the same vessel;

(b) The names of those who have been discharged, if any;

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

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

SEC. 68. 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 Chapter 6,
Title VI of this Act. No vessel shall be granted clearance to depart from any port in the
Philippines while such fines remain unpaid or while the validity thereof is being
determined: Provided, that clearance may be granted prior to such determination upon
deposit of a sum or cash bond sufficient to cover such fines as approved by the
‘Commissioner.

CHAPTER 4
EXCLUSIONS
SEC. 69. Exclusion Grounds. — The following classes of foreign nationals shall
not be allowed entry and shall be excluded from the Philippines on the following
grounds:
(a) Health-Related Grounds
(1) Those who are found to be suffering from a communicable, dangerous
or contagious disease, unless excepted under existing laws, rules and
regulations;

(2) Those who are found to be suffering from psychiatric disorder that
may pose a threat to persons or danger to property; and

(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; and
(2) Those seeking entry for the purpose of unskilled manual labor;

(c) Moral Grounds

7


(a)

(1) Those coming to the Philippines to practice polygamy or who advocate
the practice of polygamy unless the person’s religion allows such
practices;

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

(3) Those who are engaged or who seek to engage in prostitution or to
procure or attempt to procure prostitutes, or who receives in whole or
in part the proceeds of prostitution; and

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

National Security, Public Order and Public Safety Grounds

(1) Those who have been convicted of a crime involving moral turpitude
or who admit to the Immigration Officer of having committed such
crime, or who attempt and conspire to commit the crime;

(2) Those who have been convicted of, 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
such acts;

(3) Those that the Philippine Government knows or has reason to believe
are or have been traffickers of any controlled, regulated or prohibited
substance, or accomplices, accessories, abettors, or co-conspirators 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:

(i) espionage or sabotage, or a violation or evasion of laws
prohibiting export of goods, technology or sensitive information;

(ii) any activity aimed to promote membership in an organization of
syndicated criminal activities;

(ili) any activity, the purpose of which is to overthrow the Philippine
government by force, violence, or other unlawful means; and

(iv) any other unlawful activity;

(6) Those who are engaged or believed to be engaged or likely to engage
in, aid, abet or finance, any terrorist activity and members or
representatives of a foreign terrorist organization;

28


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

(8) Those who have been identified by competent authorities, local and
foreign, as having engaged or are engaging in importation of
contrabands and other prohibited articles into the country; and

(9) Those who are under fifteen (15) years of age and unaccompanied by
oF not coming to join a parent, except if otherwise admissible and with
a written consent to travel from either parent and affirmed by a
Consular Officer, citing the purpose thereof.

SEC. 70. Temporary Custody of Excludable Foreign Nationals. — For the
purpose of ascertaining whether a foreign national arriving in the Philippines belongs to
any of the excludable classes of foreign national provided in this Act or related laws,
the Immigration Officer, for a period not exceeding seventy-two (72) hours, may
temporarily take into custody for investigation such foreign national either on board the
vessel or at a place designated for the purpose at the expense of the owner, operator,
master, captain, pilot, agent or consignee of the carrying vessel.

SEC. 71. Finality of Exclusion Order. — An order by the Immigration Officer
to exclude a foreign national who is excludable under this Act is final and executory
unless revoked by the Commissioner upon a timely appeal prior to the implementation
of the exclusion order.

‘SEC. 72. Authority to Waive Grounds for Exclusion. — The Commissioner
may waive any of the grounds for exclusion mentioned in Section 69 of this Act, except
for the grounds of exclusion under Section 69(d), subparagraphs 1 to 8.

SEC. 73. Procedure of Removal and Cost Thereof. — Foreign nationals
arriving in the Philippines who are ordered excluded shall be immediately removed to
the country where they boarded the vessel on which they arrived, in accommodations
of the same class, unless the Commissioner determines that immediate removal is not
proper and practicable pursuant to applicable Conventions, laws, rules and regulations,
in which case such excluded foreign nationals shall be ordered detained. The cost of
removal, detention and other expenses incidental thereto shall be borne by the owner,
operator, master, pilot, captain, agent, or consignee of the vessel on which such foreign
nationals arrived.

SEC. 74. Country Where Removal is to be Directed. — If the government of
the country designated in the preceding section will not accept the foreign national into
its territory, the removal of the foreign national shall be directed, at the
Commissioner's discretion to any of the following:

(a) The country of which the excluded foreign national is a citizen or national;
(b) The country of birth;
(c) The country of the foreign national’s habitual residence; or

(d) The country willing to accept the foreign national into its territory, if
removal to any of the foregoing countries is impractical or impossible.

29


SEC. 75. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or
Consignee. — It shall be unlawful for an owner, operator, master, captain, pilot, agent,
or consignee of a vessel to refuse or fail to:

(a) Board a foreign national ordered excluded and removed in the same
vessel or another vessel owned or operated by the same company;

(b) Detain a foreign national on board any such vessel at the port of arrival
when required by this Act or when so ordered by an Immigration Officer;

(c) Deliver a foreign national for medical or other examinations when so
ordered by an Immigration Officer;

(d) Remove a foreign national from the Philippines to the country to which the
individual's removal has been directed; or

(e) Pay the cost of detention and such other costs and expenses necessary or
incidental to the removal of the excluded foreign national as provided in this Act.

SEC. 76. Penalty for Non-compliance of Obligation. — The owner, operator,
master, captain, pilot, agent, or consignee of a vessel who violates Section 75 of this
Act shall pay the fines prescribed in Chapter 6, Title VI 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 clearance may be
granted prior to such determination upon deposit of a sum or cash bond sufficient to
cover such fines as approved by the Commissioner.

TITLE V
DEPORTATION

CHAPTER 1
DEPORTABLE FOREIGN NATIONALS

SEC. 77. Classes of Deportable Foreign Nationals. — The following foreign
nationals shall be taken into custody upon the order of the Commissioner and deported
upon recommendation by the BSI and approval by the Board:

(a) Those who entered the Philippines: (1) by means of misrepresentations or

false or misleading statements or documents, or (2) without inspection and

admission by the immigration authorities;

(b) Those who were not lawfully admissible at the time of entry;

(c) Those who abet or aid in the practice of prostitution, including the owner
or manager of a prostitution den, or who are pedophiles;

(d) Those who, at any time after the date of entry, have become a public
charge;

(e) Those who remain in the Philippines in violation of any period of limitation
or condition under which they were admitted;

30


(f) _ Those who believe in, advise, advocate, teach, or otherwise engage in any
activity the purpose of which is the opposition to, or the control or overthrow of,
the Government of the Republic of the Philippines or any of its duly constituted
authority by force, violence, or other unlawful means, or those who do not
believe in or are opposed to organized governments, or those who advise,
advocate or teach the assault or assassination of public officials, or those who
advise, 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;

(9) Those who engage in, abet, aid or finance any terrorist activi

(h) Those who, at any time after entry, are charged of a crime involving acts
or omissions punishable under Philippine penal laws cognizable by the Regional
Trial Courts and the Sandiganbayan;

(i) Those who are convicted by final judgment of a crime involving moral
turpitude punishable under Philippine penal laws;

(i) Those who were admitted as non-immigrants and who obtained an
adjustment of their admission status for convenience, or through fraud,
falsification of documents, misrepresentations or concealment of material facts;

(k) Those who violated Philippine labor and taxation laws, rules and
regulations;

(1) 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 Filipinos or
the Republic of the Philippines as a sovereign nation;

(m) Those who forge, counterfeit, alter or falsely make any document; or use,
attempt to use, possess, obtain, accept or receive, or provide any forged,
counterfeit, altered or falsely made document; or use, attempt to use, provide,
attempt to provide, accept or receive a genuine document, even of another
person, without authority to do so for the purpose of satisfying or complying with
the requirements of the Bureau;

(n) Those whose presence or activities in the country may result in adverse
consequences to Philippine foreign policies as determined by the Secretary of
Foreign Affairs;

(0) Those who misrepresented themselves as Filipino citizens in all
immigration matters; and

(p) Those who violate any of the provisions of this Act, independent of any
criminal action which may be brought against them: Provided, That in the 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.

31


CHAPTER 2
DEPORTATION PROCEEDINGS

SEC. 78. Nature of Deportation Proceedings. — Deportation proceedings
shall be independent of any action that may be instituted against a foreign national:
Provided, That no deportation order shall be issued against foreign nationals facing
preliminary investigation, prosecution and trial before competent authorities.

‘SEC. 79. Non-Prescription of Deportation Cases. — The right of the State to
initiate deportation proceedings shall not prescribe.

SEC. 80. Formal Charge of Deportation. — A formal charge for deportation
shall be issued upon determination of the existence of a prima facie case against the
foreign national.

SEC. 81. Bail. — Pending final determination of the foreign national’s
deportation case, the foreign national shall, upon the discretion of the Commissioner,
remain under detention or be released on bail or recognizance. The bail may be
revoked and confiscated in favor of the government if there is sufficient evidence that
the foreign national is evading the proceedings or is attempting to abscond, in which
case such foreign national shall be taken into custody and placed under detention by
order of the Commissioner.

SEC. 82. Custody of a Foreign National Convicted of a Felony or an
Offense. — After service of the sentence or compliance with the conditions of parole or
probation, as the case may be, the foreign national! shall be taken into custody for
immediate deportation by order of the Board.

SEC. 83. Voluntary Deportation, When Authorized. — The Commissioner
may waive the deportation proceedings and order the departure of the foreign national
within the period specified in the voluntary deportation order if the foreign national
does not contest the formal charge and opts to voluntarily leave the country and pays
for all expenses: Provided, That the foreign national has not committed any criminal
offense or has no pending criminal investigation: Provided, further, That the said
foreign national so deported shall be barred from re-entering the country without prior
written authorization from the Commissioner.

SEC. 84. Period to Enforce Order of Deportation. — The order of
deportation shall be enforced immediately but in no case shall exceed three (3) months
from the date it has become final and executory. If deportation is not enforced within
the prescribed period, the foreign national may be released on bail or recognizance.

‘SEC. 85. Suspension of Deportation Order. — The Commissioner may
suspend the implementation of the deportation order and order the release of the
foreign national on bail or recognizance, taking into account the following factors:

(a) Age, health, family or conduct;
(b) Period of detention;

(©) _ Impact on national security and public welfare;

(4) Unavailability of travel documents;

(e) _ Existence of an application for refugee or statelessness status; or
(f) Other humanitarian considerations.

32


SEC. 86. Reinstatement of a Deportation Order. — A deportation order
previously implemented against a foreign national who unlawfully re-entered the
Philippines shall be deemed automatically reinstated and shall be implemented in
accordance with this Act. This provision shall also apply to a foreign national who
departed voluntarily under Section 83 of this Act and re-entered the Philippines
unlawfully or without prior written authorization from the Commissioner.

SEC. 87. Country of Destination of a Deportee. — Except as provided for
under an existing treaty or international agreement, a foreign national shall be
deported to the country of which the person is a citizen or national, or the foreign
national's country of birth, or the country of which the foreign national is a resident, or
the country from which the foreign national embarked for the Philippines, subject to
the acceptance by the receiving country.

‘SEC. 88. Cost of Deportation. — The owner, operator, captain, master, pilot,
agent or consignee of a vessel shail bear the cost of deportation of any of its foreign
crewmembers deemed deportable under Section 77 of this Act. In all other cases, the
cost of deportation shall be borne either by the deportee, by the concerned consular
office, nongovernment organizations or people’s organizations with which the Bureau
has an agreement on this matter, or shall be charged to the appropriations for the
implementation of this Act.

SEC. 89. Liability of Owner, Operator, Captain, Master, Pilot, Agent or
Consignee of a Vessel. — failure or refusal on the part of the owner, operator,
captain, master, pilot, agent or consignee of a vessel to take on board, guard safely
and transport the deportee to the foreign national’s country of destination, or to
shoulder the cost of deportation of the foreign crew member as provided in the
Preceding Section, shall be subject to the administrative fines prescribed under Chapter
6, Title VI of this Act.

SEC. 90. Designation of Accompanying Person. — The Commissioner may,
for security reason or by reason of the mental or physical condition of the deportee,
direct an employee of the Bureau to accompany such deportee to the country of the
deportee’s destination, subject to the provisions of Section 88 of this Act.

CHAPTER 3
INDIGENT FOREIGN NATIONALS

SEC. 91. Removal of Indigent Foreign Nationals. — At any time after entry,
the Commissioner may remove indigent foreign nationals from the Philippines to either
the country of which they are citizens or nationals, their country of birth, or their
country of residence, as the case may be. The cost of deportation may be charged
against the available funds of the Bureau. Any foreign national removed under this
section shall be barred re-admission except upon written authorization of the Board.

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

TITLE VI

33


MISCELLANEOUS PROVISIONS

CHAPTER 1
REGISTRATION OF FOREIGN NATIONALS.

SEC. 92. Requirement of Registration. — All foreign nationals, regardless of
any exemption provided by law, shall register with the Bureau or any Immigration
Office nearest to their place of residence on or before the sixtieth (60%) day of their
latest arrival in the Philippines.

SEC. 93. Registration Form and Oath. — Applications for registration shall be
under oath and in such form as prescribed by the Bureau. Upon registration, a
certificate of registration shall be issued to the registrant.

SEC. 94. Amendment of Registration. — Registered foreign nationals shall
notify the Bureau in writing of any change of information in their registration
documents not later than seven (7) days from such change.

SEC. 95. Presentation of Certificate of Registration. — Every foreign
national required to register under this Act or the parent or guardian of such foreign
national shall present, upon demand by any personnel authorized by the Commissioner,
a certificate of registration of such individual, and failure to do so without justifiable
cause shall be dealt with in accordance with the provisions of this Act.

SEC. 96. Reportorial Requirements. — Every foreign national registered
under this Act shall, within the first sixty (60) days of every calendar year, report in
Person to the Bureau. The Commissioner may exempt personal appearance of foreign
nationals registered under this Act subject to certain requirements and conditions as
may be prescribed in the rules and regulations issued for the purpose.

SEC. 97. Failure to Comply with Requirements. — A foreign national, or the
parent or guardian of the foreign national, who, without justifiable reason, fails to
comply with all the requirements under this Act, or who files an application for
registration containing statements known by the individual to be false, or who utilizes
registration documents other than that of the individual, shall be dealt with in
accordance with the provisions of this Act and other existing laws.

SEC. 98. Cancellation of Registration of Foreign National. — In case of
death of a foreign national registered under the provisions of this Act, the legal heir,
representative or administrator of the foreign national must inform the Bureau within
sixty (60) days from such death, and the Bureau shall cancel the registration of the
deceased foreign national. The Local Civil Registrar or other civil registry officer of the
locality where said foreign national died shall furnish the Bureau with a copy of the
Certificate of Death within thirty (30) days from issuance thereof. Failure on the part of
the persons concerned to comply with the requirements specified in this Section shall
be dealt with pursuant to the provisions of existing laws.

CHAPTER 2
BONDS AND DEPOSITS

SEC. 99. Bonds, When Required. — The Bureau shall have the authority to
require cash bonds in such amounts and under such conditions as it may prescribe in
order to:

34


(a) control and regulate the admission into, and departure from, the Philippines
of foreign nationals applying for temporary admission;

(b) insure against foreign passengers liable to be excluded as likely to become
public charges; and

{c) ensure the appearance of foreign nationals released from custody during
the course of deportation proceedings instituted against them.

SEC. 100. Requirement of Cash Deposits for Services Rendered. — The
Bureau shall likewise have the authority to require cash deposits in such amounts as
may be necessary from a vessel's owner, operator, captain, master, pilot, agent, or
consignee or other persons served for services rendered as established by the
implementing rules and regulations.

SEC. 101. Cancellation and Forfeiture of Bonds. — When the conditions of
the bond are fulfilled, or in case the Commissioner determines that the likelihood that a
foreign national shall become a public charge no longer exists, or in case of death of
the foreign national in whose behalf the bond is posted, the bond shall be cancelled
and released to the depositor or the legal representative of the foreign national. In
case of violation of the conditions of the bond, the same shall be forfeited and
deposited in a trust fund account which may be utilized for the purchase of passage
tickets for the removal of indigent foreign nationals and to cover the costs of operations
in locating deportees who jump bail.

CHAPTER 3
RECOGNIZANCE

SEC. 102. Petitions for Recognizance, Sanction for Breach of Conditions.
— The Commissioner may order the release of a foreign national upon recognizance of
the foreign national’s lawyer or a person who is of good standing in the community,
under such terms and conditions as the Board may prescribe. Failure to comply with
the terms and conditions of the recognizance shall subject said lawyer or person to a
fine of not less than Fifty thousand pesos (P50,000.00) but not more than One hundred
thousand pesos (P100,000.00), without prejudice to other administrative sanctions or
proceedings against the erring party.

CHAPTER 4
(COOPERATION AND COORDINATION WITH OTHER OFFICES

SEC. 103. Interoperability. — The Bureau shall cooperate and coordinate with
relevant government agencies and offices for purposes of the implementation of this
Act.

CHAPTER 5
FEES AND CHARGES
SEC. 104. Authority of the Board to Prescribe, Impose and Collect Fees

and Charges. — The Board is authorized to prescribe, impose, and collect fees and
charges for services rendered, pursuant to the provisions of this Act.

35


CHAPTER 6
ADMINISTRATIVE FINES

SEC. 105. Fine for Failing to Submit Crew List or Passenger Manifest, or
Failure to Account Every Passenger and Crew. — Any owner, operator, master,
captain, pilot, agent, or consignee of a vessel arriving at any port in the Philippines
from a place outside thereof who fails to submit to the immigration authorities a
complete and accurate crew list or passenger manifest, or fails to produce or account
every crewmember or passenger whose name appears in said list or manifest shall be
subject to fines of One hundred thousand pesos (P100,000.00) and Fifty thousand
pesos (P50,000.00) for each unaccounted crewmember or passenger, respectively.

SEC. 106. Fine for Violation of Obligation on the Landing or Removal of
Foreign Nationals. — Any owner, operator, master, captain, pilot, agent, or consignee
of any vessel arriving at a port of the Philippines from a place outside thereof having a
foreign national on board in violation of this Act shall be fined not less than Fifty
Thousand pesos (P50,000.00) but not more than Two hundred thousand pesos
(P200,000.00) for each act or violation consisting of:

(a) _ Failure to prevent the landing of such foreign national in the Philippines at
any time or place other than as designated by the Immigration Officer;

(b) Refusal or failure to detain a foreign national on board any such vessel at
the port of arrival when required by this Act or so ordered by an Immigration
Officer;

(©) _ Refusal or failure to deliver a foreign national 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 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; and

(g) Making any charge against such foreign national for the cost referred to in
item (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.

SEC. 107. Fine for Bringing Undocumented Foreign National, or Foreign
National Afflicted with Communicable or Contagious Disease, or Suffering
from Mental Disorder. — The owner, operator, master, captain, pilot, agent, or
consignee of the vessel arriving at a port in the Philippines from a place outside thereof
bringing on board an undocumented foreign national shall be fined One hundred
thousand pesos (P100,000.00) for each foreign national. If the foreign national is

36


afflicted with a communicable or contagious disease or is suffering from psychiatric
disorder that may pose a threat to persons or danger to property as stated in Section
69 of this Act, the fine shall be not less than Two hundred thousand pesos
(200,000.00) but not more than Three hundred thousand pesos (P300,000.00) for
each foreign national.

SEC. 108. Fine for Bringing a Foreign National to Assist His Illegal Entry
or Misrepresenting a Foreign National as a Member of the Crew. — The owner,
‘operator, master, captain, pilot, agent, or consignee of the vessel arriving at any port in
the Philippines from a place outside 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. 109. 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. 110. Fine for Assaulting 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. 111. 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

SEC. 112. Prohibited Acts and Penalties. — Any person who shall commit
any of the acts specified hereunder shall, upon conviction, suffer the penalty of
imprisonment for not less than five (5) years but not more than ten (10) years, or a
fine of not less than One hundred thousand pesos (P100,000.00) but not more than
Five hundred thousand pesos (P500,000.00), or both imprisonment and fine, at the
discretion of the court:

37


(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;

(b) Issuing or otherwise delivering an immigration document or an
immigration accountable form to any person not authorized by law to receive
such documents;

(©) Obtaining, manufacturing, printing, accepting or using any immigration or
travel document knowing it to be false, or using an immigration accountable
form that is not legally issued;

(d) _ Entering or leaving the Philippines without inspection and admission by
the immigration authorities, or obtaining entry into or departure clearance from
the Philippines through fraud, misrepresentation, or concealment of material
facts;

(e) _ Misrepresenting oneself to be a citizen of the Philippines;

(f) Knowingly making any false statement under oath regarding any
immigration matter; or

(g) Bringing into, or landing in the Philippines, or concealing, harboring,
employing, or giving comfort to, any person not duly admitted by an
Immigration Personnel or not lawfully entitled to enter into or reside within the
Philippines, or attempting, conspiring with, or aiding another to commit any such
acts.

Where the offender of any act specified in paragraph (g) of this section is a
corporation, partnership or other juridical entity, the president, general manager,
managing partner, or chief executive officer thereof shall be held liable. Dismissal of
the employee by the employer before or after apprehension shall not relieve such
employer from any liability arising from the offense: Provided, That if the offender is
the owner, operator, master, captain, pilot, agent, or consignee, or other person in
charge of the vessel that brought the foreign national into the Philippines from any
place outside thereof, the fine imposed under this section shall constitute a lien against
the vessel which may be enforced in the same manner as fines are collected and
enforced under existing laws. Such vessel shall not be allowed to depart without prior
clearance issued by the Bureau. Where forfeiture is justified under the particular
circumstances of the case, the forfeiture of the vessel in favor of the government in
lieu of the fine shall be decreed.

Conviction by final judgment of any offense punishable under this Act or other
related laws shail result in the automatic revocation or cancellation of any immigration
document issued to the offender, including that of the foreign national’s spouse and
unmarried children, if applicable.

SEC. 113. Penalty for Aiding the Escape of Detained Foreign National. —
Any person who shall be found to have helped, assisted, supported, caused or
ministered the escape, including harboring and concealing, of a detained foreign
national shall, upon conviction, be imprisoned for not less than five (5) years but not
more than ten (10) years and a fine of not less than Two hundred thousand pesos
(P200,000.00): Provided, That if the person liable is a foreign national, such person

38


shall be deported after service of sentence: Provided, further, That any tools,
equipment, implements or vehicles used in the escape of a detained foreign national
shall be destroyed or forfeited in favor of the government.

SEC. 114. Penalty for Failure to Comply with Subpoena. — Any person who,
having been duly served with a subpoena, fails to comply without valid and justifiable
reasons, shall suffer the penalty of imprisonment of not more than fifteen (15) days or
a fine of not more than One thousand pesos (P1,000.00), or both, at the discretion of
the court.

SEC. 115. Imposition of Maximum Penalty, When Applicable. — A person
convicted under Republic Act No. 3019, as amended, otherwise known as the
“Anti-Graft and Corrupt Practices Act’, or other laws against corruption and bribery, in
relation to any violation or circumvention of any provision of this Act, shall suffer the
maximum penalty under the said Republic Act or other laws against corruption and
bribery, as the case may be.

CHAPTER &
UPGRADING OF POSITIONS, COMPENSATION AND BENEFITS

SEC. 116. Creation of New Positions, Reclassification of Existing Positions
and Upgrading of Salary Levels. — The following positions in the Bureau are hereby
created, and the existing positions reclassified or upgraded, with the corresponding
salary grade levels:

Chief Legal Affairs Officer,
ttorney Iv, Leaal Division

‘Attorney III, Legal Division.

Attomey TIT (Legal DWision)

Chief Administrative Officer

Chief Administrative Officer

‘Supervising Administrative Officer,
‘Administrative Division

[-(Administrative Division)
‘Supervising Administrative Officer
(Administrative Division)

Chief Immigration Omicer

Chief Immigration Officer

Intelligence Officer V

Inteligence Officer V
(Chief immigration Intelligence Officer

(Intelligence Division)

‘Chief Immigration Officer ‘Chief Immigration Officer
(Law Enforcement Division) (Chief Immigration Law Enforcement
Officer)

rie! Trmigration Ocer

Chief Personnel Specialist
(Chief Human Resource Management

Chief Immigration Ocer

oy Specialist

22

39


(Management Information System Div)

(Chief Information and Communications

EXISTING POSITION RECLASSIFIED POSITION/ ‘SALARY GRADE
NEWLY CREATED POSITION
Ghief Administrative Officer Chief Administrative Officer a er
Fi nd Management Division Chief Finance and Loaistics Of
Supervising Administrative Officer Supervising Administrative Officer, | 22 | 22
Finance and Management Division) Finance and Logistics Division
Planning Officer V an
(Planning and Policy Division) Chief Panning and rch Officer’
Planning Officer TV (PPD) Planning and Research Officer IV 2 | 32
Planning Officer IIT (PPD) Planning and Research Offeer UE 1s [18
ning Offic Research [is
Planning Officer 1 (PPD) Planning and Research Oficer 1 uf
Information Technology Officer Tit Tnformation Technology Officer Ti 2 [24

Technology Officer)
‘Supervising Immigration Officer
IRD, ARD, POD} ‘Supervising Immigration Officer 22
intelligence Officer IV
iF Immigration Officer ‘Senior Immigration Offic 20

Immigration Officer 11

Immigration Officer 111

Intelligence Officer 111

mmiaration Officer Ii
‘Intelligence Officer IL
‘Special Investigator IT

Immigration Officer.
Intelligence Officer I

Immigration Officer 11

Immigration Officer 1

a
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co

ora

el omy

ace
eee
oe

Sa cry

en a

Analyst 111

Administrative Officer V

18

Computer Maintenance Technologist I

Information Technology Officer 1

15

Regional Programs Coordinator

—t

18

“Training Specialist 111
_Psycholoaist III

18.

“Training Specialist 1

15

40


EXISTING POSITION

Psychologist I

Security Officer IL
‘Computer Programmer I

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

SEC. 117. Additional Grant of Benefits. — The Bureau shall provide its
employees with the following benefits:

(1) Night shift differential which shall be subject to Republic Act No. 11701;
and

(2) Overtime pay for actual work rendered in accordance with the existing
rules and regulations.

SEC. 118. Establishment of Immigration Trust Fund. — An Immigration
Trust Fund (ITF) is hereby created sourced from thirty percent (30%) of the
immigration fees, fines and penalties, and other income that may be collected by the
Bureau for the effective implementation of this Act: Provided, That the amount shall
not exceed One billion two hundred million pesos (P1,200,000,000.00) every year:
Provided, further, That any excess in the collections under this paragraph shall accrue
to the general fund of the national government.

The ITF shall be managed by the Board in accordance with existing government
auditing rules and regulations, and shall be used exclusively for the following:

(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;

(b) 30% for the payment of employee benefits provided in this Act, and as may
be hereafter provided by the Board with the approval of the Secretary of
Justice; and

(c) 20% for the further professionalization of the employees of the Bureau
including trainings, seminars and other career advancement programs.

All interest income, dividends and earnings accrued from the ITF shall also form
part of the fund. No portion of the ITF shall revert to the general fund of the national
government, except when the ITF is no longer necessary for the purposes for which it
was established.

Collections from express lane fees under Section 11 (n) of this Act shall not form
part of the ITF, and shall be used strictly in accordance with the said provision.

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CHAPTER 9
ELECTRONIC TRANSACTIONS,

SEC. 119. Development and Implementation of Electronic Systems. —
The Bureau shall develop and implement electronic systems to facilitate transactions
through the use of digital and electronic technology, including the processing of
admission, visa transactions, citizenship, and alien registration, as well as the
submission of reports, notices and documents required under this Act.

The Bureau shall develop and implement an infrastructure plan to facilitate the
electronic transmission and conveyance of government services in order to:

(a) Facilitate convenience in arrival and departure processes through
e-systems;

(b) Accept the creation, filing or retention of such documents in the form of
electronic data messages or electronic documents;

(c) Issue permits, visas, certification or approval in the form of electronic data
messages or electronic documents;

(d) Require or accept payments, and issue receipts acknowledging such
Payments, through systems using electronic data messages or electronic
documents; and

(e) Accept or issue any document in the form of electronic data messages or
electronic documents upon the adoption, promulgation and publication of
appropriate rules, regulations and guidelines.

CHAPTER 10
‘TRANSITORY PROVISIONS

SEC. 120. Interim Period. — The incumbent Commissioner and the two
Deputy Commissioners, if qualified under this Act, shall continue to discharge the
functions of their position unless otherwise removed by the President. All personnel of
the present Bureau of Immigration shall continue to discharge the functions of their
Positions pending the reorganization as provided in this Act.

SEC. 121. Reorganization of the Bureau. — Upon approval of this Act, all
employees of the Bureau of Immigration covered by civil service rules and
regulations shall continue to hold their present positions pending the
reorganization of the Bureau in accordance with the new staffing pattern: Provided,
That the salaries, wages, allowances and other benefits of incumbent officers and
employees of the Bureau shall not be subject to diminution: Provided, further, That
employees who have been dismissed for cause shall no longer qualify for any position
in the Bureau.

SEC. 122. Inventory and Transfer of Properties, Accounts, Assets,

Liabilities and Obligations to the Commission. — All buildings, properties,
equipment, facilities, accounts, other assets, liabilities and other obligations as well as

42


records of the Bureau of Immigration shall be properly inventoried and transferred to
the Bureau.

SEC. 123. Force of Treaty or Agreement. — Any treaty or agreement
entered into between the Philippines and any foreign state before the effectivity of this
Act shall remain in force and effect.

SEC. 124. Pending Cases. — Any prosecution, suit, action, proceeding, or any
act or matter, civil or criminal, pending at the time of the effectivity of this Act shall
not be affected by any of the provisions of this Act unless otherwise explicitly
stated herein.

CHAPTER 11
ADMINISTRATION AND IMPLEMENTATION

SEC. 125. Implementing Rules and Regulations. — Within sixty (60) days
from the effectivity of this Act, the Commissioner shall, in coordination with the
Secretaries of Justice, Foreign Affairs and Budget and Management, promulgate the
rules and regulations for the effective implementation of this Act.

SEC. 126. Appropriations. — The amount necessary for the initial
implementation of this Act shall be charged against the current year's appropriation
of the Bureau of Immigration. Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in the annual General
Appropriations Act.

CHAPTER 12
FINAL PROVISIONS

SEC. 127. Separability Clause. — Should any provision of this Act be
declared invalid, the remaining provisions shall continue to be in force and effect.

SEC. 128. Repealing Clause. — Commonwealth Act No. 613, otherwise
known as the “Philippines Immigration Act of 1940", as amended, Republic Act No. 562
entitled “Alien Registration Act of 1950", as amended, and Republic Act No. 750 entitled
“An Act Designating as Special Agents of the Bureau of Immigration All Provincial,
and Municipal Treasurers, and Providing for the Allocations to the Provincial, City, and
Municipal Governments of Ten Per Centum of Certain Fees Collected in Their Respective
Territorial Limits", are hereby repealed. All other laws, presidential decrees, executive
orders, prociamations, memorandum orders, instructions, rules and regulations or
parts thereof inconsistent with this Act are hereby amended or modified accordingly.

SEC. 129. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

43