THIRTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
“04 \.itiL -7 
P 1 3 1  
S.B. No. 
Introduced by Senator Pangilinan 
EXPLANATORY NOTE 
The entry and admission of foreigners into the Philippines is a matter of 
privilege, because every state has absolute and exclusive sovereignty of, and power 
to govern, i t s  own territory. Once admitted into Philippine territory, all foreigners 
are bound to respect the laws of the territory, and owe a local or temporary 
allegiance to the Philippine government. They are bound to obey Philippine laws, 
and maybe prosecuted for violating them. They may be called upon to share in the 
general public burden, when properly imposed upon them. 
In view of the public interest to police i t s  territory and to ensure the orderly 
admission of aliens in the country, the Philippine state has deemed it advisabk to 
promulgate a general law that will ensure the proper screening of persons who seek 
admission into the country. Also, it was deemed necessary to provide procedures 
and safeguards in the entry of foreigners into Philippine territory. 
Thus, Philippine Immigration Act of 1940 (Commonwealth Act No. 613), also 
known as “An Act to Control and Regulate the Immigration of Aliens into the 
Philippines,” was enacted by the Philippine Assembly on 2 May 1940. 
This 
legislation, together with i t s  amendments, governs the entry and admission of 
foreigners into the Phitippines. Then President of the Philippine Commonwealth, 
Manuel L. Quezon, signed the law on 26 May 1940. 
In view of the changing times and the major events that have since shaped 
the international global arena, there is need to review the provisions of the 
Philippine Immigration Act of 1940. 
This bill seeks to further systematize and 
modernize, among others, the procedure for immigration of aliens into the 
Philippines. 
This bill also defines the rights and duties of immigrants while 
sojourning within Philippine territory. 
Thus, the passage of this bill is earnestly sought. 


THIRTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
S.B. No. 
Introduced by Senator Pangilinan 
AN ACT REORGANIZING THE BUREAU OF IMMIGRATION HEREINAFTER TO BE 
KNOWN AS THE COMMISSION ON IMMIGRATION AND NATURALIZATION, DEFINING 
ITS ORGANIZATIONAL STRUCTURE, AND THE POWERS AND FUNCTIONS THEREOF, 
AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and House of Representatives of the Phi/ippines in 
Congress assembled: 
TITLE I 
GENERAL PROVISIONS 
Sec. 
1. 
Title of the Act. - This Act shall be known as the "Philippine 
Immigration and Naturalization Act of 2002." 
Sec. 2. 
Declaration of Policy. - It is hereby declared that the Philippine 
immigration structures, policies, rules and regulations established under this Act, 
shall be designed, operated, and administered in such a manner as to promote the 
domestic and international interests of the Philippines, recognizing the need to: 
(a) 
Process the entry of visitors into the Philippines for the purpose of 
trade and commerce, cultural and scientific activities, 
fostering investments, 
tourism and international understanding; 
(b) 
Enrich and strengthen the cultural and social fabric of the Philippines; 
(c) 
Ensure that any person who seeks admission into the Philippines on 
either a permanent or temporary basis is subject to standards of 
admission that do not discriminate in a manner inconsistent with the 
basic principles of justice and fair play; 


2 
(d) 
Take an active participation in the advancement of national 
security and national interest 
(e) 
Foster the development of a strong and viable economy and the 
prosperity of all regions in the Philippines; 
(f) 
institutionalize and strengthen the mechanisms for the protection of 
the health, morals, safety, and good order of the Philippine society; 
(g) 
Promote international order and justice by denying the use of 
Philippine territory to persons who are engaged or likely to engage in terrorist, 
human smuggling and trafficking, criminal, and other nefarious activities; 
(h) 
Streamline and strengthen the existing governmental structures 
charged with the administration and enforcement of immigration and related laws, 
rules and regulations in order to make them adaptive to the growing immigration 
demands of the country; 
(i) Professionalize the immigration service by instituting a rigid system of 
screening, selection and development of immigration officers and personnel. 
Sec. 3. 
Definition of Terms. - As used in this Act, the following terms 
are defined as follows : 
(a) 
"Admission" - shall mean the process in which an alien arriving at a 
port of entry in the Philippines i s  allowed into the country by the immigration 
authorities; 
(b) 
"Alien" - shall refer to any person not a citizen of the Philippines, also 
termed as foreign national; 
(c) 
"Board - shall refer to the Board of Commissioners provided for in 
this Act. 
(d) 
"Captain" - shall mean the master of a vessel (such as a ship) or 
commander of an aircraft, or anyone having control or charge of a vessel or aircraft; 
(e) 
"Child" - shall refer to a person under eighteen (18) years of age; 
(f) 
"Citizen" shall refer to any person who i s  a citizen of the Philippines. 


3 
(g) 
Naturalization; 
"Commission" - shall refer to the Commission on Immigration and 
(h) 
Commissioner" - shall refer to the Commissioner of Immigration 
0) 
"Consular officer" - shall refer to any official of the government of 
the Philippines designated by the President for the purpose of issuing visas to aliens 
as required of aliens by this Act; 
(j) 
"Entry' - shall refer to any admission of an alien into the Philippines 
from a place outside thereof, except when an alien having a lawful permanent 
residence in the Philippines shall not be regarded as making an entry for the purpose 
of this Act, if the alien proves that his departure to a ptace outside the Philippines 
was for a temporary or limited period, or his continued absence from the Philippines 
was occasioned by deportation proceedings, extradition, or other legal process; 
(k) 
"Husband" and/or "Wife" - shaU not include a wife or husband by 
reason of a proxy or picture marriage; 
(1) 
"Immigrant" - shall refer to any alien, other than a non- immigrant, 
departing from any place outside the Philippines destined for the Philippines. 
(m) 
"Immigration laws" - shall refer to this Act and any other law 
presently existing or which may hereafter be enacted relating to the entry of aliens 
into the Philippines, and their exclusion, deportation, and repatriation therefrom; 
(n) 
"Immigration officer" - shall refer to any person appointed under 
Section 28 of this Act or any employee of the Commission designated by the 
Commissioner to perform the powers, duties and functions of an immigration officer 
as specified under this Act. 
(0) 
"Naturalization" - means either a judicial or administrative process 
by which a foreign national acquires Philippine citizenship. 
(p) 
"Naturalization laws" - shall mean Republic Act No. 9139, otherwise 
known as "The Administrative Naturalization Law of 2000." 
(9) 
"Non-immigrant" - shall refer to any alien departing from any place 
outside the Philippines who i s  allowed entry and admitted into the Philippines for a 
temporary or limited period of stay. 


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(r) 
"Passport" - shall mean an official document issued by competent 
authority 
of 
a 
country 
showing 
the 
bearer's 
origin, 
identity, 
and 
nationalitylcitizenship, and which is used for identification, travel purposes and for 
entry of the bearer thereof into a foreign country. 
(s) 
"Person" - shall refer to a natural or juridical person. When construing 
and enforcing the provisions of this Act, the act, omission, or failure of any director, 
officer, agent, authorized representative or employee of any juridical person acting 
within the scope of his authority or employment or office shall, in every case, be 
deemed the act, omission, or failure of such juridical entity. 
(t) 
"Philippines" - shall refer to all the territory as defined in the 1987 
Constitution of the Philippines; 
(u) 
"Port of entry" - shall refer to an airport, a port or landing place 
established by competent authority in accordance with law through which an alien 
may apply to the immigration officer thereat for admission into the Philippines; 
(v) 
"President" - shall refer to the President of the Philippines 
(w) 
"Seaman," "crewman" or "crewmember" - shall mean a person actually 
employed in the operation or service in any capacity on board a vessel. 
(x) 
"Secretary" - shall refer to the Secretary of Justice. 
(y) 
"Travel document" - shall mean an official certification containing 
the description and other personal circumstances of the bearer, issued for direct 
travel to or from the Philippines and normally valid for short periods or for a 
particular trip. 
(z) 
"Unmarried" - when used in reference to an individual as of any 
time, shall refer to an individual who at such time i s  not married, whether or not 
previously married: 
(aa) 
"Vessel" - shall refer to all means of conveyances, whether air or 
water: 
(bb) 
"Visa" - shaIl mean an endorsement on a passport or any.trave1 
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; 
Immigration status granted 


and/or issued to aliens by the Commission, under Sections 9 and 13 of this Act 
shall likewise be called visa. 
TITLE II 
COMMISSION ON IMMIGRATION AND NATURALIZATION 
Chapter 1 - The Commission 
Sec. 4. 
Creation. - A Commission on immigration and Naturalization i s  
hereby created which shall be principally responsible for the administration and 
enforcement of immigration, alien registration, citizenship and administrative 
naturalization laws, including but not Limited to those dealing with the admission, 
exclusion, 
registration, 
deportation and 
repatriation of aliens, 
and the 
implementation of all laws, rules, regulations or orders of any competent authority 
concerning the entry and admission into and the departure from the Philippines 
of all persons. 
Sec. 5. 
Composition and Qualification. - The Commission shall be 
administered by a Board of Commissioners 
headed by the Commissioner as 
chairperson, and four (4) Associate Commissioners as members, all of whom shall be 
natural-born citizens of the Philippines and, at the time of their appointment, at 
least thirty-five (35) years of age, and holders of a college degree: Provided, 
however, That at least three (3) of the Members of the Board of Commissioners shall 
be members of the Philippine Bar in good standing and two (2) of them must have 
had executive and management experience preferably with an appreciation of 
electronic data processing and/or dynamics of organizations. The Commission shall 
be under the administrative supervision of the Department of Justice. 
Chapter 2 - The Commissioner 
Sec. 6 .  
Appointment Rank and Tenure of the Commissioner. - The 
Commissioner shall be appointed by the President and shall hold office for a term of 
seven (7) years without reappointment to start from the time of assumption of 
office. 
He 
shall have the rank, salary, and privileges equivalent 
to 
an 
undersecretary of a department. At the expiration of the term of the Commissioner, 
the most senior Associate Commissioner shall temporarily assume and perform the 
duties and functions of the Commissioner until a permanent Commissioner i s  


6 
appointed by the President. Any vacancy prior to the expiration of the term of the 
Commissioner shall be filled for the unexpired term only. 
The Commissioner shall be charged with the administration and enforcement 
of this Act and all other laws relating to immigration, alien registration, citizenship 
and naturalization by administrative process and shall implement all Laws, rules, 
regulations, or orders of any competent authority concerning the entry into, stay 
and departure from the Philippines of all persons, except insofar as this Act or such 
laws related to the powers, duties, and functions conferred upon the President, the 
Secretary, and the Secretary of Foreign Affairs or consular officers. 
Sec. 7. 
Powers and Functions of the Commissioner. - In addition to 
his duties as Chairperson of the Board of Commissioners, the Commissioner of 
Immigration shall exercise the following powers and functions: 
(a) 
To supervise, direct and coordinate the overall operations of the 
Commission; 
(b) 
To appoint the officers and personnel of the Commission, subject to 
civil service and other existing applicable rules and regulations, and to exercise 
control and supervision over them. 
(c) 
To dismiss any employee for cause, which dismissal in the case of 
permanent and classified employees shall be in conformity with the Civil 
Service Law; 
(d) 
To delegate authority to subordinate officers and employees of the 
Commission, except with regard to the issuance of warrants of arrest, search 
warrants, warrants for deportation, hold-departure orders, allow-departure orders, 
and orders for blacklisting which 
may only 
be delegated 
to the Associate 
Commissioners; 
(e) 
To accept donations of materials, equipment or technical services from 
any foreign government, international or domestic organization, to upgrade the 
efficiency and operations of the Commission: Provided, That such i s  not onerous on 
the part of the Commission; 
(f) 
To act on petitions for issuance of quota immigrant visa or change of 
admission status to quota immigrant: 


(2) 
To act on petitions for issuance of special non-immigrant visa as 
provided under.Section 35(m); 
(h) 
To act on petitions for declaration of indigency; 
(i) 
To issue, after determination of the existence of probable cause, 
warrants of arrest, search warrants, warrants for deportation, hold-departure 
orders, allow-departure orders, and orders for blacklisting; 
(j) 
To approve application for visa waivers and extension of stay of non- 
immigrants, upon proper application and under such conditions as he/she may 
prescribe; 
(k) 
To declare such control posts, landing places, airports or portdpoints 
of entry, as he/she may consider to be necessary for the purposes of this Act; 
(I) 
penalties; 
To increase, waive or reduce immigration fees, damages, fines and 
(m) 
To issue certificates of identification to aliens who have obtained 
Filipino citizenship as recognition of their Philippine citizenship; 
(n) 
To issue permits to carry firearms, ammunition and communications 
equipment to authorized intelligence operatives for use in enforcement operations 
and in the execution of warrants: Provided, That such firearms are issued by the 
Commission; 
(0) 
To authorize and prescribe the forms and the amount of cash bonds for 
the provisional release of respondents; 
(p) 
To provide an express lane for the rendition of services performed for 
individual aliens upon payment of the fees he may prescribe, and to deposit in an 
authorized government depository bank all such fees received under a trust fund 
that may be made available for the payment of allowances to employees of the 
Commission, payment of which shall be in accordance with the existing budget, 
accounting and auditing rules and regulations and to the revised compensation and 
position classification system. 
Immigration employees may be assigned by the 
Commissioner to do overtime work at rates fixed by him when the services rendered 
i s  to be paid for by the shipping companies and aidines or other persons 
served; 


8 
(9) 
To impose reasonable fines and penalties for violation of immigration 
and alien registration laws in accordance with guidelines adopted by the 
Commission; 
(r) 
To submit to the President, and to the Congress, annua((y or as may be 
directed, a report on the number and the status of aliens in the Philippines; on 
aliens admitted or granted change of status as permanent residents; on aliens who 
have been excluded or deported from the Philippines; on the number of aliens 
estimated to be present illegally in the Philippines in each calendar year and actions 
taken to arrest them; the number and rate of denial of administrative or judicial 
petitions for naturalization, by nationality grouping, for each region in the 
Philippines; and other such transactions of the Commission; 
(5) 
To prepare and submit annual supplemental budget of the Commission 
for the consideration of the Department of Budget and Management; 
(t) 
To prescribe such rules, regulations or other administrative issuance to 
govern proceedings or to carry out provisions of this Act; 
(u) 
To prescribe such forms and bonds, reports, entries, and other papers; 
and 
(v) 
specified by law. 
To perform such other functions inherent in his office although not 
Chapter 3. - The Associate Commissioners 
Sec. 8. 
Appointment, rank and tenure of the Associate Commissioners. 
- There shall be four (4) Associate Commissioners of Immigration who shall be 
appointed by the President, shall have the rank, salary and privileges equal to an 
assistant secretary. The first Associate Commissioner appointed shall hold office for 
six (6) years, and the second (2"), 
third (3rd) and fourth (4th) Associate 
Commissioners, for five (5), four (4) and three (3) years, respectively. Appointment 
to any vacancy shall be only for the unexpired term of the predecessor. 
Sec. 9. 
Duties of the Associate Commissioners. - In addition to 
their duties as members of the Board of Commissioners, the Associate Commissioners 
shall exercise such powers and functions as may be delegated and assigned to them 
by the Commissioner. 


9 
Chapter 4. - The Board of Commissioners 
Sec. 10. 
Powers Et Functions of the Board. - The Board of Commissioners 
shall have the following powers and functions: 
(a) 
To have exclusive jurisdiction to hear and decide appeak regarding the 
orders or resolutions of the Boards of Special Inquiry with regard to deportation and 
other cases under i t s  jurisdiction; 
(b) 
To. act on petitions for issuance of non-immigrant and non-quota 
immigrant and/or change of admission classification to such visa status as may be 
provided in this act or under special laws; 
(c) 
To act on applications for adjustment of status or recommendations for 
revocation of status; 
(d) 
To act on petitions for cancellation of Alien Certificate of Registration 
by reason of acquisition of Philippine citizenship, either by birth, election, marriage, 
repatriation, or naturalization; 
(e) 
To decide on applications for legalization of residence; 
(f) 
To decide Petitions for Recognition as Filipino citizen and for 
administrative naturalization under this Act heard by the Board of Special Inquiry; 
(g) 
To decide applications for refugee status or asylum heard by the Board 
of Special Inquiry; 
(h) 
To prescribe rules governing proceedings before it; 
(i) 
To punish for contempt, both direct and indirect, in accordance with 
the pertinent provisions of the Revised Rules of Court:; 
(j) 
To prepare and publish an organizational, policy and procedures 
manual, to include requirements, time periods and fees for the perfection of all 
transactions entered into by the Commission with the public; 
(k) 
To professiona(ize the immigration service by instituting a rigid system 
of screening, selection and development of immigration officers and personnel to 
ensure that only those who are academically, physically and morally fit are 
appointed, particularly to positions which are sensitive in nature; 


(I) To formulate policies, directives, programs and projects, as well as the 
rules and regulations and guidelines to implement the provisions of this Act; and 
(m) 
To perform such other functions and powers as may be provided by 
existing laws, rules and regulations of the Commission not inconsistent with any of 
the provisions of this Act. 
Sec. 11. 
Decisions of the Board. - In any case or proceeding coming 
before the Board of Commissioners, the decision of the majority shall prevail. All 
decisions of the Board of Commissioners shall become final and executory after the 
lapse of fifteen (15) days from promulgation unless stayed upon order of the Court 
of Appeals. 
Sec. 12. 
Period for Decision by the Board. - Cases before the Board of 
Commissioners shall be decided or resolved by the Board within thirty (30) days from 
the date that they are submitted for decision or resolution. 
Sec. 13. 
Meetings of 
the Board. - 
In all cases, the Board of 
Commissioners shall convene and act as a collegial body in all matters referred to in 
Sec. 10 of this Act. The Board shall meet at least twice a month, or as often as the 
need arises, on such day or days as the chairperson may fix. The notice of the 
meeting shall be given to all the members of the Board of Commissioners and the 
presence of the chairperson and two (2) members shall constitute a quorum. In no 
case shall the Board convene in the absence of the chairperson. 
Chapter 5. - The Executive Director 
Sec. 14. 
Appointment; Tenure; Qualifications and Functions. - There 
shall be an Executive Director of the Commission who shall be appointed by the 
Commissioner and shall 
hold office 
during good 
behavior, 
unless sooner 
removed for cause. 
He must be a natural born citizen of the Philippines, at 
least thirty (30) years of age, 
and a member of the Philippine Bar in good 
standing for at least three (3) years prior to his appointment. He shall act as the 
technical consultant of the Commissioner and shall serve as the Executive Secretary 
to the Board of Commissioners. 
The Executive Director shall have the following 
functions: 


11 
(I) To be directly responsible for the effective implementation of the 
policies, directives, programs and projects and the rules and regulations and 
guidelines promulgated by the Commission; 
(2) To coordinate and supervise the activities of the different operating 
units of the Commission; and 
(3) 
To perform such other functions that may be assigned by the 
Commissioners. 
Chapter 6. - The Board of Special inquiry 
Sec. 15. 
Constitution of a Board of Special Inquiry. - 
Twelve (12) 
Boards of Special Inquiry are hereby constituted, 
each to be composed of a 
chairperson and two (2) members. 
Each Board shall be designated according to 
their areas of speciaIization. Among these areas are: application for immigrant and 
non-immigrant visas of foreign nationals in the Philippines, and exclusion and 
deportation cases. 
Sec. 16. 
Appointment; Qualification and Tenure of the Members of the 
Board of Special Inquiry. - The chairpersons and members of the Boards of Special 
Inquiry. shall be appointed by the Commissioner, all of whom shall be natural-born 
citizens of the Philippines, and at the time of their appointment, at least thirty (30) 
years of age, members of the Philippine Bar in good standing, with at least three (3) 
years in actual court practice. They shall hold office during good behavior, unless 
sooner removed for cause. 
The Commissioner shall appoint from among all members of the Board an 
executive chairperson, who shall be responsible in designating the Boards according 
to their areas of specialization subject to the approval of the Commissioner. 
The chairpersons and members shall receive an annual salary in accordance 
with the salary standardjzation law. 
Sec. 17. 
Functions and Duties of the Board of Special Inquiry. - The 
Boards of Special Inquiry shall : 
1. 
Have exclusive original jurisdiction to hear and submit for final 
resolution of the Board of Commissioners the following cases: 
(a) 
Deportation cases; 


. '  
12 
(b) 
Applications for legalization of unlawful residence; 
(c) 
Applications for refugee status or asylum; 
(d) 
Questionable or doubtful admission or exclusion; 
(e) 
Cancellation of immigrant visa, 
reentry permits, 
identification 
certificate as a citizen of the Philippines or any other document issued by the 
Commission obtained by fraud, misrepresentation or concealment of material facts; 
and 
(f) 
Violations of the immigration and alien registration laws. 
2. 
The Boards of Special Inquiry shall perform such other functions and 
powers as now or hereafter may be provided by law, or such rules and regulations of 
the Commission not inconsistent with any of the provisions of this Act. 
Sec. 18. 
Powers of the Board of Special Inquiry. - In order to effectively 
exercise their functions, the Boards of Special Inquiry shall have the following 
powers: 
(a) 
To administer oaths; 
(b) 
To punish for contempt of the Board and/or the Commission, both 
direct and indirect, in accordance with the pertinent provisions of the Rules of 
Court: 
(c) 
To recommend to the Commissioner the issuance subpoena and 
subpoena duces tecum and summon witnesses to appear in any proceedings of the 
Boards of Special Inquiry; and 
(d) 
To recommend to the Commissioner the imposition of fines and 
penalties and waiver or reduction of fees, charges, fines, and penalties not provided 
for in this Act. 
Sec. 19. 
Proceedings before the Board of Special Inquiry. - The hearings 
and proceedings before the Boards of Special Inquiry shall be public and open and 
shall be faithfulLy recorded. 
In all cases, the Boards of Special Inquiry shall meet 
and act as a board. 
Only members of the Philippine Bar in good standing shall 
appear for and in behalf of any party before the Boards of Special Inquiry: Provided, 


I3 
however, That in deportation cases, no private individual shall be allowed to appear 
and act as private prosecutor. 
Sec. 20. 
Resolutions of the Board of Special Inquiry. - Cases before 
the Boards of Special Inquiry shall be decided or resolved within thirty (30) days 
from the date that they are submitted for resolution. Resolutions of the Board of 
Special Inquiry shall be submitted to the Board of Commissioners for their 
approval/disapproval and shall become final and executory fifteen (1 5) days after 
receipt of a copy thereof by the alien or his counsel of record, unless appeal has 
been perfected to the Board of Commissioners. No motion for reconsideration i s  
allowed. 
Sec. 21. 
Procedure and Period for Appeal. - An alien may appeal the 
resolution of the Board of Special Inquiry to the Board of Commissioners by filing a 
notice of appeal, payment of the appeal fee, and submission of a written 
memorandum of appeal signed by the foreign national. The appeal must be filed 
with the Boards of Special Inquiry who decided the case, within forty-eight (48) 
hours from the time a copy of the resolution is received by the appellant and/or 
counsel of record. No appeal filed after this period shall be accepted. Where such 
appeal has been taken, any further appeal shall be disregarded. 
Sec. 22. 
Transmittal of the Records on Appeal to the Board of 
Commissioners. - 
The Boards of Special Inquiry shall, upon perfection of the 
appeal, transmit within forty-eight (48) hours the entire records of the case to the 
Board. The Board may, motu proprio or upon motion by the appellant, hear the case 
de novo or receive additional evidence. The appeal shall stay the resolution or 
decision appealed from unless the Board directs i t s  execution pending appeal 
considering the nature and circumstances of the case. 
Sec. 23. 
Period for Resolution of 
the Appeal. - The Board of 
Commissioners shall decide the appeal within sixty (60) days from receipt of the 
records of the case. The decision of the Board shall become final and executory 
fifteen (15) days after receipt by the appellant or his counsel of record of a copy 
thereof . 
Chapter 7. - Departments and Personnel of the Commission 
Sec. 24. Departments of the Commission. - The Commission shall have 
seven (7) departments, namely: 


14 
A. 
B. 
C. 
D. 
E. 
F. 
G. 
Administration; 
Law and Investigation 
Financial and Management; 
Intelligence; 
Immigration Regulations and Alien Control 
Alien Registration and Statistics; 
Electronic Data Processing and Records Management; 
Sec. 25. 
Heads of the Department. - Each of the above departments 
shall be headed by a Director who shall be a holder of a college degree and the 
appropriate civil service eligibilities: Provided, however, That the Director for Law 
and Investigation shall be a member of the Philippine Bar in good standing and the 
Director for Financial and Management shall be a Certified Public Accountant. 
Sec. 26. 
Functions of each Department. - 
A. 
The Administration 
Department shall have the following functions: 
(1) 
the Commission; 
Direct and supervise the administrative and other support activities of 
(2) 
Develop and administer progressive personnel management programs 
on recruitment, selection, appointment, placement, promotions, career and 
employee development, welfare services and incentive system; and develop and 
conduct appropriate training programs for personnel of the Commission; 
(3) 
Serve as a clearing center for all official communications, whether 
incoming or outgoing; establish and maintain a sound central records system and the 
efficient management thereof; 
(4) 
Acquire and process requisitions for supplies, 
materials, 
and 
equipment, provide for the safe and proper storage thereof, and conduct periodic 
inventory of the same; provide messengerial, janitorial, security, and other utility 
services; 
(5) 
Reproduce, disseminate, and maintain an updated compilation of all 
issuance of the Commission signed by the Commissioner or Board of Commissioners 
and make the same available to any interested party; and maintain and keep an 
official logbook of all such issuance; 


(6) 
Administer the medical and dental services and physical fitness 
programs of the Commission; 
(7) Receive complaints and grievances from the general public, prepare 
referrals to concerned offices and monitor responses or actions taken; and 
(8) 
Perform such other functions as directed by the Commissioner or as 
may be provided by law. 
B. 
The Law and Investigation Department shall have the following 
functions: 
(1) 
Advise the Commissioner on all legal matters affecting the 
administration and enforcement of the immigration, alien registration, citizenship, 
and naturalization (aws; and render Legal service to the Commissioner and 
employees of the Commission; 
(2) 
Represent the Commission or the Commissioner in court, collaborate 
with the office of the Solicitor General in the proper prosecution of cases on appeal 
to the Court of Appeals or the Supreme Court; collaborate with the prosecutor 
concerned in the prosecution of criminal cases for violation of the immigration, alien 
registration, citizenship, and naturalization laws; 
(3) 
Process, evaluate, 
and recommend appropriate action to the 
Commissioner on applications/petitions for declaration of indigency; and investigate 
and recommend appropriate action to the Commissioner involving complaints for 
violations of the immigration and alien registration laws and regulations; 
(4) Prepare request to any law enforcement agency for a background 
investigation and records check of native-born foreign national applying for 
administrative naturalization or recognition for the approval of the Commissioner; 
(5) 
Process, evaluate, and recommend appropriate action to the Board of 
Commissioners visa applications/petitions provided for under Section 35 paragraphs 
(e), (f), (g), 01, (0, (j), (k) and (I); 


16 
(6) 
Prepare request to any law enforcement agency for a background 
investigation and records check of native-born foreign national applying for 
administrative naturalization or recognition for the approval of the Commissioner; 
(7) 
To gather and consider evidence which i s  material and relevant to the 
administration and enforcement of this Act and, when necessary, make a written 
record of such, evidence; 
(8) 
To recommend to the Commissioner the issuance of search warrants 
and warrants of arrest and other processes against aliens complained of or charged; 
(9) Recommend confiscation of cash bonds or surety bonds for violation of 
the terms and conditions thereof; 
(10) 
Evaluates complaints on alien smuggling; prepares complaint affidavits 
against aliens and other persons who engaged in human smuggling for filing with the 
office of the prosecutor for possible filing of criminal charges before the courts; 
(1 1) 
Investigate administrative cases against employees of the Commission 
when directed by the Commissioner; 
(12) 
Represent the Commission in matters relating to agreements between 
the Philippines and another country concerning immigration, illegal entry, and 
border crossing; 
(13) 
Shall act as the prosecuting arm of the Commission, more particularly 
on deportation cases; 
(14) Prepare warrants of detention and search and seizure warrants for 
violation of the immigration and alien registration laws and regulations; and prepare 
hold-departure orders or orders for the lifting thereof upon instructions of the 
Commissioner; 
(1 5) 
They shall likewise process and make recommendations on Petitions for 
administrative naturalization and petitions for recognition as Filipino citizens which 
shall include the following functions: 
(a) 
Process and make recommendations on applications for administrative 
naturalization and cancellation of alien registry based on claims of Philippine 
citizenship either by birth, election, marriage, repatriation, or naturalization; 


17 
(b) 
Filipino citizens; 
Process and make recommendations on petitions for recognition of 
(c) 
Process, evaluate and make recommendations to the Board of 
Commissioners 
on 
visa applicationslpetitions for conversion of admission status 
from temporary visitor to quota or non-quota immigrant visa. 
(d) 
Receive and docket all petitions for administrative naturalization, 
cancellation of Alien Certificate of Registration (ACR) or recognition as Filipino 
citizens filed under this Act and handle the publication requirements thereof; 
(e) 
Recommend the revocation or Certificates of Identification of 
Philippine Citizenship or Certificates of naturalization issued pursuant to this Act, 
acquired through fraud, misrepresentation, false and misleading statements or 
documents, or concealment of material facts; 
( f )  
Keep and preserve intact at all times records of all proceedings for the 
acquisition or reacquisition of Philippine citizenship and all other official actions 
related to or in connection therewith; 
(g) 
Process and make recommendations on applications for administrative 
naturalization and cancellation of alien registry based on claims of Philippine 
citizenship either by birth, election, marriage, repatriation, or naturalization; 
(h) 
Filipino citizens; 
Process and make recommendations on petitions for recognition of 
(i) Receive and docket all petitions for administrative naturalization, 
cancellation of Alien Certificate of Registration (ACR) or recognition as Filipino 
citizens filed under this Act and handle the publication requirements thereof; and 
I 
(16) 
Perform such other functions as may be directed by the Commissioner 
or as may be provided by law. 
C. 
The Financial Management Department shall have the following 
functions: 


(1) 
Prepare the annual and special budgets of the Commission; provide 
technical advice on fiscal matters; prepare and submit performance and fiscal 
reports; and control allotments and obligations; 
(2) 
Maintain and keep books of accounts of the Commission; ascertain that 
all transactions have been properly recorded; submit financial statements and 
reports; ascertain and certify to the correctness of vouchers for traveling expenses; 
and compute and deduct Government Service Insurance System (GSIS) insurance 
premiums, Medicare contribution, withholding taxes and other legitimate payroll 
deductions; and prepare correspondence on bookkeeping matters; 
(3) 
Undertake 
regular 
management 
studies 
of 
the 
Commission's 
organizational structure and manpower requirements and utilization; review existing 
methods, procedure, and systems; and make recommendations for improvements; 
(4) 
Undertake income projections for the Commission; 
(5) 
Prepare annual budgetary requirements of the Commission to be 
submitted to the Department of Justice and the Department of Budget and 
Management; and 
(6) 
Perform such other functions as directed by the Commissioner or as 
may be provided by law. 
D. 
The InteUigence Department shall have the following functions: 
(1) 
Provide accurate and complete intelligence information for the 
effective enforcement of the immigration, alien registration, citizenship, and laws 
and regulations; 
(2) 
Collect, collate, and evaluate data and information on acts in violation 
of the immigration, alien registration, citizenship, and naturalization laws and 
regulations, and immediately report such violations to the Commissioner or 
immigration district director concerned, and take the necessary and appropriate 
action as directed by them; 
(3) 
Coordinate with other intelligence and security agencies (domestic and 
foreign) in the collection and dissemination of intelligence information concerning 
aliens entering or leaving the Philippines; 


19 
(4) Detect and report subversive and terrorist activities of aliens and other 
activities inimical to national interest; 
(5) 
Take steps to safeguard the country from illegal entrants; 
(6) 
Conduct surveillance operations in specific target areas as directed by 
the Commissioner or his/her authorized representative; 
(6) 
Interview aliens summoned or conduct inquiry of aliens taken into 
custody pursuant to a warrant of detention; 
(7) 
Serve orders and/or subpoenas issued by the competent authorities of 
the Commission: and 
(8) 
Perform such other functions as directed by the Commissioner or as 
may be provided by law. 
E. 
The immigration Regulations and Alien Control Department shall have 
the following functions: 
1. 
Immiqration Requlation 
(a) 
Enforce the immigration laws and the regulations relating to the entry 
and admission of aliens on primary inspection, as well as their exclusion or 
repatriation, and the temporary landing of transients; and those relating to the 
imposition of administrative fines against vessels or aircraft for violations of the 
immigration hws and regulations; 
(b) 
Monitor all aliens admitted for temporary or limited periods only, in 
coordination with the Intelligence Division; 
(c) Keep under surveillance all commercial vessels or aircraft and the alien 
members of their crew while in Philippine territory; 
(d) 
Serve warrants of detention, or search and seizure warrants, h u e d  by 
the Commissioner; 
(e) 
Take charge of the physical detention of aliens pending determination 
of their excludability, deportability, or reparability; 


, 
20 
(f) 
Take charge of and attend to the removal or deportation of aliens; 
(g) 
Draft orders and circulars for the guidance of immigration officers in 
the proper enforcement of the immigration laws and the regulations, for the 
approval of the Commissioner; and 
(h) 
Perform such other functions as directed by the Commissioner or as 
may be provided by law. 
2. 
The Sub-ports and Border Crossing, Monitorinq 
(a) 
To conduct border patrol operations in the agreed border areas in order 
to deter illegal activities and other acts inimical to the national interests of the 
Philippines and the contracting state concerned; 
(b) 
To establish an expeditious and simplified system of control for the 
entry and exit of qualified border crossers; 
(c) 
To enforce passport, visa and immigration laws and regulations in all 
other cases of travel or border crossing not covered by such agreement; 
(d) 
To oversee the exclusion, apprehension, deportation, and repatriation 
of illegal entrants; and 
(e) 
To perform such other duties and functions as directed by the 
Commissioner or higher authorities. 
3. 
The Travel Control for International Airports and Seaports 
(a) 
The enforcement and the administration of the immigration laws within 
the premises and areas of an international airport; 
(b) 
To establish an expeditious and simplified system of control for the 
entry and exit of qualified border crossers; 
(c) 
To enforce passport, visa and immigration laws and regulations in all 
other cases of travel or border crossing not covered by such agreement; 
(d) 
To oversee the exclusion, apprehension, deportation, and repatriation 
of illegal entrants; and 


(e) 
To perform such other duties and functlons as directed by the 
Commissioner or higher authorities. 
F. 
The Alien Registration and Statistics Department shall have the 
following functions. 
(1) 
Take charge of the registration of aliens pursuant to and in accordance 
with the Alien Registration Act of 1950, as amended, and the regulations and 
subsequent national listing or census of aliens who are residents in the Philippines; 
(2) 
Prepare certificates of identification of Philippine citizenship and 
certificates of naturalization under this Act, for the signature of the Commissioner 
and transmittal to the Department of Justice for the signature of the Secretary; 
(3) 
Keep and maintajn photofile records of registered aliens; and records 
of all portrait parle examinations; 
(4) 
Take and maintain records of fingerprints of registered aliens; classify, 
verify, and file fingerprint charts for dactylographic purposes, and preserve their 
integrity at all times; 
(5) 
Issue certifications reflecting the true status or category of aliens, such 
as non-immigrants, immigrants, temporary visitors, treaty traders, pre- arranged 
employee and non-immigrant students; 
(6) 
Issue exit clearance certificates, certificates of exemption, re-entry 
permits of aliens under the same status prior to leaving the country; 
(7) 
Issue duplicate originak for lost certificates of registration, certificates 
of residence or other registration documents of aliens, after investigation and 
favorable recommendation of the Alien Registration and Statistics Department; 
(8) 
Draft orders and circulars for the guidance of alien registration officers 
in the proper enforcement of the alien registration laws and the regutations, for the 
approval of the Commissioner; and 
(9) 
Perform such other functions as directed by the Commissioner or as 
may be provided by law. 


22 
G. 
The Electronic Data Processing and Records Management Department 
shall have the following functions: 
(1) 
Plan, design, and implement all management information, office 
automation, and data processing systems of the Commission; 
(2) 
Plan for, install, maintain in proper condition, and operate computers, 
data communication facilities, and automation equipment with emphasis on ensuring 
the integrity and protection of the data and information stored in the system; 
(3) 
Linking, planning, execution and control within the subsystem; 
(4) 
Coordinating and integrating the subsystem; 
(5) 
Prepare computer equipment sites and acquire related software, 
materials and supplies; 
(6) 
Ensure effective usage of computer resources; 
(7) Develop and train service personnel in modern computer and office 
automation techniques, and train other personnel in i t s  efficient usage; 
(8) 
Keep and maintain original up-to-date and accurate records of all 
registered aliens in the Philippines, reports of change of address, amendments to 
entries in their certificates of registry to show the correct particulars of registered 
aliens, and cancellation of the alien's registry by reasons of his death or acquisition 
of Philippine citizenship, and preserve their integrity at all times; 
(9) 
Keep and maintain an updated file of derogatory records and properly 
evaluated summaries of information against aliens, including those who have been 
excluded, removed, and deported and those facing deportation charges, or are 
included in the hold-order list, blacklist or watch List; 
(IO) Establish links with other government agencies to facilitate validation 
of required documents presented for all transactions and gathering supplement 
information for other services of the Commission: 
(11) 
Ensure the security, safety and integrity of all records, data and 
information stored in the system; and 


(11) 
Perform such other functions as directed by the Commissioner or as 
may be provided by law 
Chapter 8. - Immigration and Naturalization Regions 
Sec. 27. 
Establishment of lmmigration And Naturalization Regions; Head 
Thereof. - The Commissioner shall group provinces and cities in the Philippines on 
the demographics of i t s  alien population, into immigration and naturalization 
regions, the respective limits of which may be changed from time to time for the 
effective administration, implementation and enforcement of this Act. 
An 
immigration and naturalization region shall have i t s  principal office in the place 
where the principal port of entry for customs purposes is Located. It shall be headed 
by a Regional Alien Control Supervisor who shall be charged with the administration 
and enforcement of immigration, alien registration, citizenship, and naturalization 
laws and other related laws within his jurisdiction and operational area of 
responsibility. He shall also perform such other functions as may be directed by the 
Commissioner. 
Sec. 28. 
Powers, duties and functions of the Regional Alien Control 
Supervisor. - 
Subject to the rules, regulations, policies and standards to be 
prescribed by the Commissioner, the Regional Alien Control Supervisor shall, within 
the region under his jurisdiction and operational area of responsibility, perform the 
following powers, duties and functions: 
(a) 
Implement the laws, policies, programs, and the rules and regulations 
of the commission; 
(b) 
Collect immigration fees as may be allowed by the Commissioner; 
(c) 
Issue immigration documents including visas as may be delegated by 
the Commissioner; 
(d) 
Prescribe regulations, not inconsistent with this Act, or the regulations 
of the Commission, for the effective administration of the region, the same to be 
effective upon approval by the Commissioner; 


24 
(e) 
Supervise the officers and employees of the immigration field offices in 
the cities and provinces; 
(f) 
Coordinate with other regional officials of other departments, 
commissions, or agencies of the government in his region; and 
(g) 
Perform such other functions as may be provided by law or as directed 
or delegated to him by the Commissioner. 
Chapter 9. - Immigration Field Offices 
Sec. 29. 
Establishment 
of 
Immigration 
Field 
Offices. 
- The 
Commissioner shall establish immigration field offices in such cities and provinces 
where the entry of foreigners and the alien population in such places warrant. 
Sec. 30. 
Head of lmmigration Field Office; Responsibility. 
- The 
Immigration Field Office shall be headed by the District Alien Control Officer who 
shall be responsible for the enforcement and administration of the immigration laws, 
policies and procedure within their respective cities or provinces. Said field office 
shall be under the supervision and control of the Regional Alien Control Supervisor. 
Chapter I O .  - Other Officers of the Commission 
Sec. 31. 
Immigration Attaches. - The positions of Immigration Attaches 
are hereby created. No person shall be appointed to the position of immigration 
attache unless he has been employed in the Commission holding a position not lower 
than a section head for at least three (3) consecutive years immediately prior to his 
appointment with the appropriate eligibilities and qualifications for such a post. He 
should not have any administrative or criminal case filed against him. 
They shall 
report directly to the Commissioner 
Sec. 32. 
Immigration Officers. - The positions of immigration officers 
are hereby created. No person shall be appointed to the position of immigration 
officer unless he is a holder of a bachelor's degree and a first grade civil service 
eligible. The immigration officers shall perform the following duties: 
(a) 
To examine with the assistance and advice of medical authorities in 
appropriate cases, aliens at the port of entry concerning their admissibility to enter 
and their qualifications to remain in the Philippines; 


25 
(b) 
To exclude aliens not properly documented, and to admit non- 
immigrants complying with the applicable provisions of immigration and related 
laws; 
(c) 
To administer oaths in connection with the performance of their 
duties: to take and consider evidence concerning the right of any alien to enter or 
reside in the Philippines: to go on board and search for aliens on any vessel, aircraft 
or other conveyance believed being used to bring aliens into the Philippines illegally, 
and to arrest without warrant any alien who in the presence or view of the 
immigration officers is entering or is about to enter the Philippines in violation of 
immigration and related laws, rules and regulations: 
(d) 
To conduct a search, without warrant, of an alien seeking admission to 
the Philippines, and of the personal effects in his possession, whenever the 
immigration officer has reasonable cause to suspect that grounds exist for exclusion 
of such alien from the Philippines under this Act; 
(e) 
To act as control officers in the departure of aliens, and in this 
connection, to prevent the departure of aliens who do not possess the necessary 
emigration clearance certificate or exemption certificate or other required exit 
document validly and regularly issued; and 
(f) 
To implement regulations or orders issued by the Commissioner 
concerning the entry into and the departure from the Philippines of all persons. 
Sec. 33. 
Designation of Employees; Special Inquiry Officers. - 
The 
Commissioner may designate, in accordance with Civil Service law, rules and 
regulations, any competent and qualified employee of the Commission, to act as 
immigration officer or special inquiry officer; or assign any employee to other offices 
within the Commission and/or assign him additional or other duties as the best 
interest or exigency of the service may require. 
Sec.34. 
Assignment of Employees to do Overtime Work. - The 
Commissioner may assign immigration employees to do overtime work or to perform 
express lane services pursuant to rules and regulations to be prescribed and at rates 
fixed by the Commissioner when the services to be rendered i s  to be paid by the 
airlinelshipping companies or other persons served: Provided, That payments for the 
above services shall be made directly to the Commission: and 
Provided, further, 
That all collections shall be deposited under a special trust account in an authorized 
government depository bank which shall be made available for payment of overtime 


26 
pay and allowances to the employees concerned and the maintenance of the system, 
subject to such rules and regulations that the Commissioner may prescribe in 
relation thereto: Provided, finally, that said utilization of funds shall be in 
accordance with the existing budget, accounting and auditing rules and regulations. 
TITLE 111 
IMMIGRATION 
Chapter 1. - Non-Immigrants 
Sec. 35. 
Categories of Non-immigrants and types of Visa issued. -Foreign 
nationals departing from any place outside the Philippines who are otherwise 
admissible and who qualify within one of the following categories may be admitted 
as non-immigrants: 
(a) 
Foreign Government Officials (A Visas) - Foreign government officials, 
their families and servants including ambassadors, diplomats, public ministers and 
consular officers who are assigned to represent their respective countries in the 
Philippines; 
(b) 
Business Visitors (6-1 Visas) Et Pleasure Visitors (6-2 Visas) - Temporary 
visitors or visitors temporarily 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. The term “pleasure” refers to leisurely stay or stay in the Philippines for 
holiday purposes. 
(c) 
- Persons passing through the Philippines 
merely for a “stop over” who have confirmed reservations to catch connecting 
flights to another country within a designated period of time or passengers in 
immediate and continuous transit through the Philippines to a destination outside 
thereof. 
Transit Persons (C Visas) 
(d) 
Crew members (D Visas) - Members of the crew of aircraft or vessels 
required for the normal operation and servicing of the aircrafts or vessels, who come 
to the Philippines temporarily as part of their jobs either arriving with or coming to 
join the vessels or aircrafts. As used herein, a crewman is defined as one serving as 
such in any capacity required for the normal operation and services on board a 
vessel or aircrafts who intends to Land temporarily and solely in pursuit of his calling 
as a crewman and to depart from the Philippines with the vessel or aircraft. 


27 
(e) 
Treaty Traders (E-I Visas) & Treaty Investors (E-2 Visas) - Citizens and 
their family members from a country that has trade treaty with the Philippines and 
coming to work in the Philippines for either a company they own or one that has at 
least fifty percent (50%) by other nationals of their home country and which 
company must be engaged in substantial trade between the Philippines and their 
home country shall be granted an E - I  visa. 
Citizens and their family members of a country that has an investor treaty 
with the Philippines and coming to work in the Philippines for a business they own or 
one that has at least fifty percent (50%) by other nationals of their home country 
and which business i s  supported by a substantial investment from nationals of their 
home country shall be granted an E-2. 
(f) 
Representatives of International Organizations and Government 
Agencies (F Visas) - Officials and principal representatives and foreign workers of 
accredited international organizations as well a5 missions including their family 
members, staff and servants. As used herein, the term “accredited international 
organization” includes any public international organization in which the Philippines 
participates pursuant to any treaty or under the authority of any act of the Congress 
of the Philippines authorizing such participation or making an appropriation for such 
participation and such other international organizations, institutions, agencies, 
programs, foundations and entities which are recognized by the government of the 
Republic of the Philippines, including those existing and already recognized as such 
at the time of the effectivity of this Act. The term “servants” refers to members of 
the households and employees of persons to whom the F visa has been granted. 
(g) 
Media Workers (G Visas) - Foreign media personnel or correspondents, 
duly accredited by the government agency concerned, who are bona fide 
representatives of a foreign press, radio, satellite, television, film, or other 
information media, and are coming to the Philippines solely to engage in gathering 
unrestricted information principally for dissemination abroad, including their family 
members accompanying or following to join them during the period of the 
assignment in the Philippines. 
(h) 
Students (H Visas) - Foreign students having means sufficient for their 
support and education in the Philippines who are at least sixteen (16) years of age 
and 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 
approved for such akin students by the Commissioner; Provided that the 
Commissioner shall, in collaboration with the Commission for Higher Education, 
regularly monitor that status and activities of said alien students in the Philippines 
under such arrangements as maybe agreed by the two agencies. 


28 
(i) 
Exchange Visitors 
(I 
Visas) 
- Aliens entering the Philippines 
temporarily to teach, study, observe, conduct research or receive training in a 
specific Exchange Visitor Program duly approved by the Philippine Government 
which includes experts, industrial and business trainees, scholars, students, 
teachers, researchers, medical residents or interns. 
(j) 
Foreigners Under Prearranged Employment (J Visas) - Aliens coming to 
the Philippines on prearranged employment, including their family members 
accompanying or following to join them within the period of their employment. This 
includes intra-company transferees, professionals, specialty occupations, persons of 
extraordinary capabilities, performing artists and athletes, and cultural exchange 
workers under a work exchange program. 
(k) 
Religious Workers 
(K Visas) 
- Duly ordained or professional 
missionaries and religious ministers including members of their family coming to the 
Philippines to join a religious congregations or denomination duly registered with the 
Securities and Exchange Commission, upon invitation, sponsorship or guarantee of 
such religious congregation or denomination, solely for the purpose of propagating, 
teaching and disseminating the doctrines, dogmas or tenets of their faith or religion. 
(I) 
Refugees and Asylum seekers (L-1 Visas) Et Stateless Persons (L-2 Visas) 
- Refugees and stateless persons whose admission for humanitarian reasons and 
when not opposed to public interest has been approved by the Commissioner or the 
President in such class of cases and under such conditions as he may prescribe. As 
used herein, the term “refugee” refers to a person, who owing to a well founded 
fear of persecution for reasons of race, religion, nationality, membership in a 
particular social group or political opinion, i s  outside the country of his nationality 
and i s  unable or, owing to such fear, unwilling to avail himself of the protection of 
that country, or who not having a nationality and being outside the country of his 
former habitual residence i s  unable or unavailing to return to it. As used herein, the 
term “stateless person” refers to a person who is not considered a national by any 
State under the operation of i t s  law. 
(m) 
Special Non-Immigrants (M Visas) - Such other aliens including their 
family members who may be admitted as non-immigrants under special laws or 
aliens not otherwise provided for by this Act who are coming for temporary periods 
only, and whose admission are authorized by the Commissioner or the President in 
the public interest or for humanitarian considerations and under such conditions as 
he may prescribe. 
Chapter 2. - Immigrants 


29 
Sec. 36. 
Quota Immigrants. - Subject to conditions set forth in this Act, 
there may be admitted into the Philippines immigrants, termed “quota immigrants”, 
not to exceed two hundred (200) of any one nationality based on immigration 
reciprocity, for any one calendar year, and upon allotment by the Commissioner of 
the corresponding quota number. In the allotment of quota numbers, the following 
order of preference shall be observed: 
(a) 
First Preference . those whose service and qualifications show a 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) 
(c) 
Second Preference - Parents of a citizen 
Third Preference - Spouses or minor children of foreign nationals who 
are lawful permanent residents of the Philippines. 
(d) 
Fourth Preference - Parents of foreign nationalslaliens who are lawful 
permanent residents of the Philippines. 
Sec. 37. 
Non-Quota Immigrants. - The following immigrants, termed 
“non-quota immigrants”, may be admitted without regard to numerical limitation 
and immigration reciprocity: 
(a) 
The spouse of a citizen: Provided, however, that the abandonment and 
failure to give support by the alien spouse to his Filipino wife and family, legal 
separation, or termination of the marital status by annulment or divorce where the 
cause i s  attributable to the alien spouse, shall constitute grounds for cancellation of 
the immigrant visa issued to the alien spouse if such event occurs within two (2) 
years from the date of their marriage. 
(b) 
A child born to an alien mother during her temporary visit abroad, the 
mother being a lawful permanent resident of the Philippines, if accompanied by or 
coming to join the mother who applies for the admission of the child within five (5) 
years from the date of the child’s birth; 
(c) 
A child born subsequent to the issuance of the immigrant visa of the 
accompanying parent, the visa not having expired; 


, 
30 
(d) 
A woman who was formerly a citizen of the Philippines and who lost 
her citizenship by reason of marriage to a foreign national or the loss of Philippine 
citizenship by her husband, including her family members accompanying or following 
to join her; 
(e) 
A foreign national who had been lawfully admitted into the Philippines 
for permanent residence, who is returning from a temporary visit abroad to an non- 
relinquished residence in the Philippines; 
(f) 
A natural born citizen who become a naturalized citizen of a foreign 
country, and i s  returning to the Philippines for permanent residence therein, 
including his spouse and minor children accompanying or following to join him; 
(g) 
A foreign national legally adopted by a citizen; and 
(h) 
Spouse of a foreign national who has been granted a permanent 
resident visa. 
Sec. 38. 
Allotment of Quota. - The Commissioner shall, in allotting 
quota numbers for the first preference, allot not more than fifty percent (50%) of 
the annual quota allotment up to the end of June each year: Provided, however, 
that if the fifty percent (50%) i s  not utilized by the first preference, the balance 
thereof shall be given to the second and third preferences following the order of 
preference specified under Section 36 of this Act. Any unused quota allotment for a 
caIendar year cannot be carried over and utilized for the ensuing calendar year. 
Sec. 39. 
Basis in Determination of Quota Allotment. - The nationality of 
an immigrant whose admission is subject to the numerical limitation imposed by 
Section 36 of this Act shall be that of the country of which the immigrant is a 
national or a citizen. The nationality of an immigrant possessing dual nationality may 
be that of either of the two countries regarding him as a national or citizen if he 
applies for a visa in a third country. If he applies for a visa within one of the two 
countries regarding him as a national or citizen, his nationality shall be that of the 
country in which he shall file his application for a visa to enter the Philippines. 
Sec. 40. 
Status of Children Born to Foreign Nationals. - A child born in 
the Philippines to parents who are foreign nationals and lawful residents of the 
Philippines shall be deemed a native-born permanent resident. However, a child 
born to parents who are both nonimmigrant shall be deemed a native-born 


31 
nonimmigrant or temporary resident and may remain in the Philippines only during 
the period of authorized stay of the parents, unless he reaches the age of 
eighteen (18) while continuously residing in the country, in which case he 
may apply for naturalization under this Act. 
Chapter 3. - Adjustment Of Status 
SEC. 41. 
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, in their discretion and under such regulations as the 
Commissioner may prescribe, to that of an alien lawfully admitted for permanent 
residence if: (a) the alien makes an application for such adjustment; (b) the alien i s  
eligible to receive a quota or non-quota immigrant visa and i s  admissible to the 
Philippines for permanent residence: and (c) a quota immigrant visa, if such i s  the 
case, i s  immediately available to him at the time his application i s  filed, without the 
need of first departing from the Philippines. In all such cases, the personal 
appearance of the alien shall be required during the consideration of his application. 
Sec. 42. 
Effect of Approval of Request 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 for permanent 
residence as of the date of approval of the application. The Commissioner shall 
reduce by one the number of the preference immigrant visa authorized to be issued 
under Section 36 of this Act within the class to which the foreign national i s  
chargeable for the calendar year then current, if such be the case. 
Sec. 43. 
Adjustment of Status, When Not Allowed. - Adjustment of 
status under Section 41 of this Act shall not be applicable to (a) an alien crewman, 
(b) a foreign national who hereafter continues in or accepts unauthorized 
employment prior to filing of his application or who is in unlawful immigration status 
on the date of filing of his application or who has failed (other than through no fault 
of his own or for technical reasons) to maintain continuously a lawful status since 
entry into the Philippines, (c) a foreign national admitted as a temporary visitor 
without visa, and (d) transients. 
Chapter 4. - Documentation and Admission of Non-Immigrants 


32 
Sec. 44. 
Documentary Requirements of Non-immigrants; Instances when 
not required. - 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 origin and identity as prescribed 
by regulations, and valid visa granted by Philippine diplomatic or consular officers; 
except that no documentation shall be required in respect of the following aliens: 
(a) 
A child qualifying as a non-immigrant born subsequent to the issuance 
of the passport visa of an accompanying parent, the visa not having 
expired; 
(b) 
Act. 
A crewman qualifying as such under the pertinent provisions of this 
(c) 
A foreign government official covered by agreements on the waiver of 
official visas; 
(d) 
waiver of visas:' 
A national of a country with which the Philippines has agreement on 
(e) 
An alien entering with the approval of the President expressly waiving 
visa requirements pursuant to the provisions of Sections 52 ad 53 of this Act; and 
(f) 
An alien coming to the Philippines as a bona fide tourist under special 
laws. 
SEC. 45. 
Conditions and Period of Authorized Stay of Temporary Visitors. 
- The period of authorized stay of a non-high risk foreign national admitted as a 
temporary visitor under Section 35 paragraph (b) of this Act shall in no case exceed 
one (1) year and fifty-nine (59) days counted from the date of arrival, while that of 
a high risk foreign national shall in no case exceed seven (7) months and twenty-nine 
(29) days and shall be subject to the following conditions, unless waived by the 
Commissioner: 
(a) 
He shall not take any empLoyment, whether paid or unpaid; 
(b) 
He shall not establish or join in any business; and 
(c) 
He shall not enroll and become a student at a school, college, 
university, academy, or other educational institution. 


33 
Sec. 46. 
Conditions for Issuance of Pre-arranged Visas. - A passport visa 
for a nonimmigrant referred to in Sec. 35 (j) of this Act who is coming to 
prearranged employment shall not be issued by a consular officer until the consular 
officer shall have received authorization for the issuance of the visa. Such 
authorization shall be given only on petition filed with the Commissioner of 
Immigration establishing that no person can be found in the Philippines willing and 
competent to perform the work or service for which the nonimmigrant i s  desired and 
that the non-immigrant's admission would be beneficial to the public interest. The 
petition shall be made under oath, in the form and manner prescribed by 
regulations, by the prospective employer or his representative. The petition shall 
state fully the nature of the work or service for which the nonimmigrant is desired, 
the probable length of time for which he i s  t o  be engaged, the salary and other 
compensation which he i s  to receive, the reasons why a person in the Philippines 
cannot be engaged to perform the work or service for which the nonimmigrant is 
desired and why the nonimmigrant' admission would be beneficial to the public 
interest. 
The petition shall be accompanied by a certified copy of any written 
contract or agreement entered into for the immigrant's service and shall contain 
such additional information as may be deemed material. Substantiation of all the 
allegations made in the petition shall be required and the allegations that no person 
can be found in the Philippines willing and competent to perform the work or service 
for which the nonimmigrant i s  desired and that the nonimmigrant' admission would 
be beneficial to the public interest shall be established beyond doubt by convincing 
and satisfactory evidence. 
If the Board of Commissioners finds that the petition complies with the 
requirements of the preceding paragraph and that the petitioner has established the 
facts entitling him to the authorization, the Board shall grant the petition and the 
Commissioner shall so inform the petitioner and promptly transmit authorization to 
the consular office at which the immigrant i s  to apply for a visa. 
Sec. 47. 
Conditions for Admission and Stay of Other Non-immigrants. - 
Except as provided for in Sections 45 and 46 of this Act, the admission to the 
Philippines of any alien as a non-immigrant shall be for such time and under such 
conditions as may be prescribed by law or the regulations. The Commissioner may 
require the posting of a cash or surety bond in such sum and under such terms and 
conditions as he shall prescribe, to insure that at the expiration of such time or upon 
failure to maintain status under which an alien was admitted, or to maintain any 
status subsequently acquired, and such alien will depart from the Philippines. 


34 
Sec. 48. 
Submission of Crew list and Passenger Manifest 
to the 
lrnmigration Officer. 
The master, agent, owner or consignee of any vessel 
arriving in or departing from the Philippines shall furnish the immigration officer at 
the port of arrival or port of departure crew lists and passenger manifests and such 
other information concerning the persons arriving or departing on the vessel 
required by regulations. The crew lists of incoming vessels shall be duly visited by 
the appropriate Philippine consular official abroad. 
- 
Sec.49. 
lnspection of Crewmembers - It shall be the duty of the master, 
agent, owner or consignee of any vessel arriving in the Philippines to have available 
on board, for inspection by the immigration officer, any alien crewmember 
employed on such vessel and to detain such crewmember on board after inspection 
and to remove such crewmember when required by the immigration authorities. No 
crewmember employed on board such vessel shall be paid off or discharged while 
the vessel i s  in port without the permission of the Commission. 
Sec. 50. 
Permission for temporary landing of alien crewmembers. - An 
alien crewmember employed on a vessel arriving in the Philippines may be permitted 
to land temporarily under such conditions as shall be prescribed by the Commission. 
The expenses incurred while on land or awaiting repatriation, for medical treatment 
in a hospital or elsewhere, burial in the event of death, and for transfer to the 
vessel in the event of return of any crewmember shall be borne by the master, 
agent, owner or consignee of the carrying vessel. 
Sec. 51. 
Temporary Detention of Excludable Aliens. - For the purpose 
of ascertaining 'whether an alien arriving in the Philippines belongs to any of the 
excludable classes of aliens provided in this Act or related laws, the immigration 
officer may temporarily hold for investigation such alien, either on board the vessel 
or at any place designated by the officer at the expense of the master, agent, owner 
or consignee of the carrying vessel. 
Sec. 52. 
Asylum Seekers, Grant of Refugee Status. - Asylum seekers 
(refugees physically present in the Philippines) may apply for and be granted refugee 
status upon the discretion of the Commissioner or President and under such terms 
and conditions as he/she may prescribe. Asylum granted under this section may be 
terminated by the President at any time after determination by the appropriate 
agency that the alien is no longer a refugee within the meaning of Section 35(l) of 
this Act owing to a change in circumstances in the person's country of nationality or, 


35 
in the case of a person having no nationality, in the country in which the person last 
habitually resided. 
Sec. 53. 
Effect of Grant of Refugee Status to Wife Et Children. - A 
spouse or minor child of a refugee who i s  granted asylum under the preceding 
section may, if not otherwise eligible for asylum under said section, be granted the 
same status as the refugee to assure family unity, or when it i s  in the public 
interest, if accompanying or fol(owing to join the refugee. 
Chapter 5. - Documentation and Admission of Immigrants 
Sec. 54. 
Documentary Requirements of Immigrants; lnstonces 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 origin and identity and valid visas issued by the 
Philippine consular officer indicating the date of issue and the period of validity 
thereof. Immigrant visas, however, shall not be required of the following: 
(a) 
A child born subsequent to the issuance of a valid immigrant visa to the 
accompanying parent; 
(b) 
A child born during the temporary visit abroad of the mother who is a 
Lawful permanent resident of the Philippines and a holder of a valid reentry permit, 
if the child i s  accompanied by either parent within five (5) years from the date of 
the child’s birth; and 
(c) 
An alien who is returning to an unrelinquished lawful permanent 
residence in the Philippines after a temporary residence abroad and presents for 
admission a valid reentry permit. 
SEC. 55. 
lssuance of Specid Permit to Reenter. - The Commissioner 
may issue a special permit to reenter the Philippines to permanent residents and 
investors who for valid reasons cannot obtain a passport or travel document from 
their country of nationality. This special permit to reenter the Philippines is not a 
passport and will not bestow Philippine citizenship to the holder. 
Chapter 6. - Visa Issuance 


36 
SEC. 56. 
Requirements for lssuance of Visa. - Under the conditions and 
subject to the limitations prescribed in this Act or regulations issued thereunder, a 
consular officer may upon approval by the Commissioner issue the following: 
(a) 
An immigrant visa to an alien who has made a proper application 
therefor, which shall specify the foreign country, if any, to which quota the number 
i s  charged, the immigrant's particular status in such country, the preference to 
which the alien i s  classified, the date on which the validity of the visa shall expire, 
and such additional information as may be required; and 
(b) 
A non-immigrant visa to an alien who has made proper application 
therefor, which shall specify the classification of the non-immigrant under Section 
35 of this Act, the period during which the visa shall be valid, and such additional 
information as may be required. 
Sec. 57. 
Period for Vdidity of Visa. - A non-immigrant or immigrant 
visa issued by a consular officer abroad shall be valid for a period not exceeding six 
(6) months. In prescribing the period of validity of a non-immigrant visa, the 
consular officer shall, insofar as practicable, accord to such nationals the same 
treatment upon a reciprocal basis as such foreign country accords to citizens of the 
Philippines who are within a simiIar class. An immigrant visa may be replaced under 
the original number during the calendar year in which the original visa was issued for 
an alien who establishes to the satisfaction of the consular officer that he was 
unable to use the original immigrant visa during the period of i t s  validity because of 
reasons beyond his control and for which he was not responsible: Provided, that the 
alien i s  found by the consular officer to be eligible for an immigrant visa and again 
pays the required fees for an application and an immigrant visa. 
Sec. 58. 
Requirements for Physical and or Mental Examination Prior to 
lssuance of Visa. - Prior to the issuance of an immigrant visa to any alien, the 
consular officer shall require such person to submit to a physical and mental 
examination in accordance with such regulations as may be prescribed by the 
Secretary of Foreign Affairs. 
In the case of application for non-immigrant visa, the 
consular officer may prior to the issuance of such visa require the alien to submit to 
a physical or mental examination, or both. 
Sec. 59. 
Denial of Visa, Grounds Thereof. 
- 
No visa or other 
documentation shall be issued to an alien in the following cases: 


37 
(a) 
If it appears to the consular officer, from the statements in the 
application, or in papers submitted therewith, that such person i s  ineligible to 
receive a visa or such other documentation under this Act; 
(b) 
If the application fails to comply with the provisions of this Act, or the 
regulations issued thereunder; or 
(c) 
The consular officer knows or has reason to believe that such person is 
ineligible to receive a visa or other documentation and i s  inadmissible into the 
Philippines under this Act. 
Sec. 60. 
Treatment of lmmigrant Visa Upon Entry - An immigrant shall 
present or surrender his immigrant visa to the immigration officer at the port of 
entry, who shall endorse on the visa the date and the port of arrival, the identity of 
the vessel or aircraft on which the immigrant arrived, and such other endorsements 
as may be required by the regulations. 
Sec. 61. 
Treatment of Non-Immigrant Visa Upon Entry. - A non- 
immigrant shall present or surrender to the immigration officer at the port of entry 
such documents as may be required by the regulations. In the case of an alien 
crewman not in possession of a seaman's book or crewman's pocket-Ledger, or 
equivalent document other than a passport, such crewman may be admitted i f  his 
name appears in the duly visited crew list of the vessel on which he arrives, but the 
consular officer shall have the right to exclude any alien crewman from the l i s t  visa. 
Sec. 62. 
Nature of Visa Construed. - Nothing in this Act shall be 
construed as to automatically entitle any alien to whom a visa or other 
documentation has been issued to enter the Philippines if, upon arrival at a port of 
entry, he i s  found to be inadmissible under this Act or any other law. 
Sec. 63. 
Revocation of Visa by the Consular Office- 
If a visa or other 
documentation is revoked by the consular officer or the Secretary of Foreign Affairs, 
notice of such revocation shall be communicated to the Commissioner. Such 
revocation shall invalidate the visa or other documentation from the date of 
issuance: Provided, That the vessel or aircraft on which such alien arrived in the 
Philippines shall not be penalized for the action taken in reliance on such visa or 
other documentation, unless they receive due notice of such revocation prior to the 
alien's embarkation. 


38 
Sec. 64. 
Authority of Commissioner to Revoke Visa. - The Commissioner 
may, at any time, for what he/she deems to be good and sufficient cause, revoke 
the approval of any visa petition filed in the consutates abroad and approved by 
him/her. Such revocation shall be effective as of the date of any such petition. In no 
case, however, shall such revocation have effect unless notice of the revocation is 
communicated through the Secretary of Foreign Affairs. If notice of revocation is not 
so received and the petitioner applies for admission into the Philippines, his 
admissibility shall be determined by an immigration officer upon his arrival at the 
port of entry in the manner provided for in this Act. 
Chapter 7. - Reentry Permits 
SEC. 65. 
Application Requirements. - Any resident alien who intends 
and i s  about to depart from the Philippines with the intention of returning 
thereafter shall apply to the Commissioner for a permit to reenter the Philippines, 
stating the length of his intended absence and the reason therefor. Such application 
shall be made under oath, shall be in such form, contain such information, and be 
accompanied by such photographs of the alien as the Commissioner shall by 
regulations prescribe. 
SEC. 66. 
Reentry Permits, When Issued; VaIidity thereof. 
- The 
Commissioner may authorize the issuance of a reentry permit in the following cases: 
(a) 
The alien is a permanent or lawful resident; 
(b) 
resident alien; 
The alien has faithfully complied with all the obligations required of a 
(c) 
The application is made in good faith; and 
(d) 
The alien's proposed departure from the Philippines will not be 
contrary to the interests of the Philippines. 
The reentry permit shall be valid for a period of two (2) years from the date 
of issuance and may be extended on a year-to-year basis, unless earlier revoked for 
cause. The reentry permit shall be accepted in lieu of any visa which otherwise 
would be required from such alien, and may be made good for several trips within 


39 
the period of i t s  validity: Provided, however, That the holder thereof shall pay the 
exit clearance fee and the head tax for every departure from the Philippines. 
SEC. 67. 
Treatment of Reentry Permits. - Unless the reentry permit is 
valid for multiple entry, it shall be surrendered to the immigration officer at the 
port of entry, upon the return of the alien to the Philippines. An unused or expired 
permit shall be surrendered to the Commission within thirty (30) days after 
expiration of i t s  validity. 
Chapter 8. - Exit Clearance Certificate 
SEC. 68. 
Exit Certificate Clearance Requirements. - Except in the case 
of temporary visitors and other non- immigrants whose stay have not exceeded fifty- 
nine (59) days, any alien departing from the Philippines shall apply to the 
Commissioner for clearance to depart. 
The Commissioner may authorize the issuance of an exit clearance to an alien 
without need of fingerprinting and upon surrender of all immigration and 
registration documents previously issued to him showing his admission status in the 
Philippines in the following cases: 
(a) 
The alien has no pending obligation with the government or any of i t s  
agencies or instrumentalities; 
(b) 
There is no pending criminal, civil, or administrative proceeding which 
by law requires the alien's continued presence in the country; and 
(c) 
There is no ongoing legislative inquiry where the alien i s  called upon to 
testify as a witness. 
Chapter 9. - Presidential Prerogatives 
Sec. 69. 
Power of President on Entry of 
Foreign Nationals - Whenever 
the President finds that the entry of any foreign national or a class of foreign 
nationals would be detrimental to the interest of the Philippines, he/she may for 
such period as he/she shall deem necessary, suspend their entry and admission into 
the Philippine or impose such restrictions as he/she may deem appropriate. 


40 
Sec. 70. 
Power of President Re: lmmigration and Departure of Aliens - 
Any provision of this Act notwithstanding, the President may: 
(a) 
Waive documentary requirements and/or passport requirements for 
non-immigrants, and immigrants, under such terms and conditions as he/she may 
prescribe; 
(b) 
Change the status of non-immigrants by allowing them to acquire 
permanent residence status without necessity of a visa; 
(c) 
Deport any foreign national subject to the requirement of due process; 
(d) 
Admit non-immigrants not otherwise provided for in this Act, for 
humanitarian consideration and when not opposed to public interest, under such 
terms and conditions as he/she may prescribe; 
(e) 
Prohibit the departure from the Philippines of any person who i s  likely 
to disclose national security information, or who is likely to organize a rebellion 
abroad against the Philippines; or whose presence in the country is necessary to face 
or be a witness in criminal proceedings; and 
(f) 
Exercise with respect to foreign nationals in the Philippines such 
powers as are recognized by the generally accepted principies of international law. 
Title IV 
PROVISIONS RELATING TO ENTRY 
Chapter I. - Procedures on Arrival 
SEC. 71, 
Inspection by Immigration Officer - An alien seeking admission 
or readmission to the Philippines shall be subject to primary inspection at the port 
of arrival by immigration officers. The decision of the examining immigration officer, 
if favorable to the admission of any alien, may be challenged by another immigration 
officer. A Board of Special Inquiry shall determine the final determination of 
admissibibty of such alien. 


41 
SEC. 72. 
Detention or Quarantine for Examination. - For the purpose of 
determining whether an alien arriving at ports in the Philippines beLong to any of the 
classes excludable under this Act, by reason of being afflicted with any of the 
diseases or mental or physical defects or disabilities set forth in Section 77A of this 
Act or whenever the Commissioner has received information showing that aliens are 
coming to the Philippines from a country or have embarked at a place where any of 
such diseases are prevalent or epidemic, the alien shall be detained or quarantined 
for a reasonable period of time to enable the immigration and medical officers to 
subject such person to observation and examination. 
SEC. 73. 
Medical Examination Requirement. - The physical and mental 
examination of an arriving alien whom the examining immigration officer or special 
inquiry officer has observed and believes to belong under the class of excludable 
aliens specified in Section 77(A) of the same Act shall be made by a designated 
government medical officer who shall certify for the information of such officers any 
and all physical and/or mental defects, disorders, or diseases observed or found by 
him after an examination of the alien. If such medical officers are not available in 
the port of arrival, any reputable private physician may be hired and authorized by 
the Commissioner to examine the arriving alien, the necessary expenses therefor to 
be chargeable against the appropriations provided for the enforcement of this Act. 
Sec. 74. 
Arrival Notice Requirement of Aircraft. - The immigration 
authorities shall be furnished with a timely notice of the arrival of any civil aircraft 
at or nearest such place of first landing before such aircraft comes into any area in 
the Philippines from any place outside thereof. If dependable facilities for giving 
such notice are not available before departure, any radio equipment in the aircraft 
shall be used if this will result in the giving of adequate and timely notice during i t s  
approach, otherwise, a landing shall be made at a place where necessary facilities 
exist before coming into any area in the Philippines. Such advance notice will not be 
required in the case of aircraft of scheduled airlines arriving in accordance with the 
regular schedule filed with the immigration officer in charge at the international 
airport of entry in which the place of first landing in the area is situated. If, upon 
landing in any area other than an international airport of entry, an immigration 
officer has not arrived, the captain of the aircraft shall keep the passengers and 
crew in a segregated place until the immigration officer arrives. 


42 
Sec. 75. 
Contents of Notice of Arrival. - The advance notice of arrival 
required in the preceding section shall specify the following: 
(a) 
The type of aircraft and register marks; 
(b) 
The name of captain of the aircraft; 
(c) 
The place of last departure; 
(d) 
The international airport of intended landing, or other place at which 
landing has been authorized by Customs; 
(e) 
The number of alien passengers and citizen passengers; 
(f) 
The estimated time of arrival; and 
(9) 
The authorized agent or representative at ptace of landing. 
Chapter 2. - Classification Of Ports Of Entry 
Sec. 96. 
Authority to Classify Ports. -The Commissioner shall classify and 
designate, from among the ports of entry established by Law for customs and 
immigration purposes, such unlimited or limited ports of entry through which aliens 
may enter the Philippines. Only such classes of aliens as provided under rules and 
regulations prescribed by the Commission may be allowed entry at Limited ports of 
entry. The Commission shall also have the power to close ports of entry designated 
by it whenever ,advisable in the public interest after due notice to the public. 
Chapter 3. - Exclusions 
Sec. 97. 
Exchion Grounds. - The fotlowing classes of foreign nationals 
are ineligible for entry and shall be excluded from admission into the Philippines. 
A. 
Health Related Grounds 
1. 
An alien who i s  determined in accordance with regulations 
prescribed by the Secretary of Health to have a communicable, 


43 
loathsome, dangerous or incurable disease of public health 
significance; 
2. 
An alien who is determined in accordance with regulations 
prescribed by the Secretary of Health: 
(a) 
To have a physical or mental disorder and behavior 
associated with the disorder that may pose, or has posed, 
a threat to the property, safety and welfare of the person 
or others; or 
(b) 
To have such disorder and associated behavior in the past 
and is likely to recur or to lead to other harmful behavior. 
3. 
An alien who i s  determined in accordance with regulations 
prescribed by the Secretary of Health to be a drug abuser or 
drug addict; 
4. 
An alien person or guardian who accompanies an inadmissible 
alien who is certified to be help(ess due to infancy, sickness, 
physical or mental disability, 
and whose protection or 
guardianship is determined, as certified by a medical examining 
officer, to be required by the person. 
B. 
Economic Grounds 
1. 
An alien who in the opinion of the immigration official, i s  likely 
at any time to become a public charge, which is defined to be a 
person who by reason of poverty, insanity, disease or disability 
would become a charge upon the public, such as paupers, 
beggars and vagrants or person who might resort to crimes for 
their sustenance: 
2. , 
An alien who i s  seeking entry for the purpose of performing 
skilled or unskilled labor, unless the Secretary of Labor certifies 
that there are not enough workers who are able, willing, 
qualified and available to perform such labor and that the wages 
and working conditions of workers in the Philippines similarly 
employed will not be adversely affected. 


44 
C. 
Moral Grounds 
1, 
An alien coming to the Philippines to practice polygamy or who 
advocates the practice of polygamy unless his religion 'allows 
such practices. 
2. 
Aliens who are pedophiles, sexual perverts or those coming to 
the Philippines for immoral purposes. 
3. 
Aliens whom at the time of primary inspection or inquiry by an 
immigration officer exhibit any obnoxious behavior, contempt or 
disrespect for the said officer or any government official or 
authority. 
D. 
Criminal €t Security Grounds 
1, 
An alien who has been convicted of a crime of moral turpitude, 
which refers generally to conduct which is inherently base, vile, 
depraved and contrary to the accepted rules of morality and the 
duties owed between persons or to society in general, or who 
admits to an immigration official having committed such crime, 
or who attempts and conspires to commit the crime. 
2. 
An alien who has been convicted, or who admits having 
committed, or who admits committing acts which constitute the 
essential elements of a violation or conspiracy to violate any law 
or regulation of the Philippines or a foreign country relating to 
controlled substances, regulated or prohibited drug, or who 
attempts or conspires to commit the crime. 
3. 
An alien that the Philippine government knows or has reason to 
believe is a trafficker in any controlled substance, regulated or 
prohibited drug or knows or has reason to believe is or has been 
a knowing assister, abettor, conspirator or colluder with others 
in the illicit trafficking in any controlled substance, regulated or 
prohibited drug; 
4.. An alien who has been convicted of two or more offenses (other 
than purely political, and whether or not it was a conviction in a 
single trial or whether the conviction form a single scheme) if 


45 
5. 
6. 
7. 
8. 
9 
I O .  
the aggregate sentence of confinement actually imposed is five 
(5) years or more. 
Alien prostitutes or persons who have engaged in or sought to 
engage in prostitution or to procure or attempts to procure 
prostitutes, even if prostitution i s  not illegal in hidher country, 
or who receives in whole or in part the proceeds of prostitution. 
Diplomats and other aliens involved in serious criminal activity 
who assert and has been granted immunity from prosecution. 
An alien coming to the Philippines to engage in any other 
unlawful commercialized vice, whether or not related to 
prostitution, drug, etc. 
Aliens who are fugitives from justice of other countries 
An alien who, Philippine authorities know or have reasonable 
ground to believe, seeks to enter the Philippines to engage 
solely, principally or incidentally in: 
Espionage or sabotage, or a violation or evasion of any 
taws prohibiting export of goods, technoIogy or sensitive 
information: 
Any activity aimed to promote membership in an 
organization of criminally syndicated activities, including 
aliens who are believed to be members of organized crime 
syndicates; 
Any activity, a purpose of which i s  the opposition, control 
or overthrow of the Philippine government by force, 
violence or other unlawful means; and 
Any other unlawful activity. 
An alien i s  inadmissible if he: 
(a) 
Is engaged in a terrorist activity, individually or as part of 
an organization; 


46 
Philippine authorities know or have reasonable grounds to 
believe i s  engaged in or likely to engage in such terrorist 
activity; 
Is under circumstances indicating an intention to cause 
death or serious bodily harm or incite terrorist activity; 
Is a representative of a foreign terrorist organization as 
identified by Philippine authorities; 
i s  a member of a foreign terrorist organization as 
identified by Philippine authorities. 
“Terrorist activity” i s  defined as an act unlawful in a 
foreign country or would be unlawful in the Philippines 
and involves: 
i) 
ii) 
iii) 
iv) 
v) 
vi) 
Hijacking or sabotage of any conveyance (aircraft, 
vessel, vehicle, etc.) 
The seizing or detaining or threatening to kill, 
injure or continue to detain another individual to 
compel a third person to carry on or abstain from 
an act as an explicit or implicit condition for 
release; 
A violent attack on an internationally protected 
person; 
An assassination: 
The use of any biological or chemical agent or 
nuclear device or explosive or firearm with intent 
to endanger directly or indirectly the safety of one 
or more individuals or to cause substantial property 
damage; 
Sowing terror in order to impose on others an 
ideology, 
political/philosophical/religious ’ belief 
and practice. 


47 
vii) 
Provide sanctuary or protection to known terrorists 
whether foreign or local; 
viii) 
Any threat or attempt or conspiracy to commit the 
above acts. 
11. 
Aliens who have been identified by competent authorities, local 
or foreign as having engaged or are engaging in human trafficking 
and smuggling; and 
12. 
Aliens that 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. 
E. 
Violation of Immigration Laws/Entry/Documentation 
1. 
An alien who has been ordered removed (through summary 
exclusion or removal initiated at person’s arrival in the 
Philippines) and who seeks admission within three (3) years (or 
ten (IO) years if second or subsequent removal) or at anytime if 
convicted of an aggravated felony. 
2. 
An alien who has been ordered removed after a deportation 
hearing from the Philippines or who i s  deported while an order 
of removal was outstanding and who seeks admission within five 
(5) years (or ten (10) years if second or subsequent removal) or 
at anytime if convicted of an aggravated felony from the date of 
such physical deportation or removal; 
3. 
An ahen who is unlawfully present beginning on the effectivity of 
this Act in the Philippines for a period of more than 180 days but 
not less than one (1) year who voluntarily departs the Philippines 
before 
commencement 
of 
proceedings 
i s  
barred from 
readmission for three (3) years from the date of the person’s 
departure or removal, provided he does not possess any of the 
disqualifying conditions stated in Section 77. 
4. 
An alien who is unlawfully present, which i s  defined as being 
unlawfully present in the Philippines without being admitted, 


48 
beginning on the effectivity of this Act in the for one (1) year or 
more and again seeks admission i s  barred for five (5) years from 
the date of such person’s departure or removal from the 
Philippines. 
5. 
An alien who has been unlawfully present in the Philippines for 
an aggregate period of more than one (1) year or has been 
ordered removed under summary exclusion or removal provisions 
and who enters or attempts to enter without inspection is 
inadmissible. 
6. 
An alien present in the Philippines without being admitted or 
who arrives at a place other than that designated by Philippine 
authorities. 
7. 
An alien who without cause fails or refuses to attend or remain 
in attendance at his removal proceeding is inadmissible for five 
(5) years from departure or removal. 
8. 
An alien who is a stowaway, which i s  defined as a person who 
obtains 
transportation 
without 
consent 
and 
through 
concealment. 
9. 
An alien who at anytime knowingly encourages, induces assists, 
and abets or aids any other alien to try to enter the Philippines 
in violation of law. 
IO. 
An alien who is subject to a final order of deportation for falsely 
making or using fraudulent documents or using someone else’s 
Lawfully issued document. 
11. 
An alien who is not properly documented for admission as maybe 
required under this Act. 
12. 
An alien who falsely represents or has falsely represented that 
he i s  a Filipino citizen or a former Filipino citizen to obtain a 
benefit under any Philippine law. 


49 
13. 
An intending immigrant not in possession of valid immigrant visa 
or other document needed for entry and a valid unexpired 
passport. 
14. 
A non-immigrant not in possession of a valid passport for six (6) 
months and non-immigrant visa or border crossing card. 
Sec. 78. 
Exclusion of Foreign Nationals. - Any foreign national who may 
appear to the examining immigration officer to be excludable under the provisions 
of Section 77 shall be excluded. No further inquiry by a Special Inquiry Officer shall 
be conducted until after the matter i s  reported to the Commissioner together with 
any such written statement and accompanying information, if any, as the alien or his 
representative may submit in connection therewith and such an inquiry is directed 
by the Commissioner. If the Commissioner i s  satisfied that the alien i s  excludable on 
the grounds set forth under Section 77 D, on the basis of information of a 
confidential nature, the disclosure of which the Commissioner, after consultation 
with the concerned security agency of the government, concludes would be 
prejudicial to the national security or to public order, interest, and safety, he may 
order such alien to be excluded and removed without further inquiry. Other aliens 
who may not appear to the examining immigration officer to be clearly and without 
doubt entitled to be admitted or excluded may be temporarily detained for inquiry. 
Sec. 79. 
Procedures for Inquiry by Special Inquiry Officers. - A Special 
Inquiry Officer making an inquiry shall conduct proceedings under this section, 
administer oaths, present and receive evidence, and interrogate, examine, and 
cross-examine the alien or witnesses. It shall have the authority in any case to 
determine, based only on the evidence produced at the inquiry, whether an arriving 
alien who has been detained shall be allowed admission into the Philippines or shall 
be removed. A t  such inquiry, which shall be kept in chambers separate and apart 
from the public, the alien may have one friend or relative present under such 
conditions as may be prescribed by the regulations. A complete official record of the 
proceedings and of all testimony and evidence produced at such inquiry shall be 
kept. 
Sec. 80. 
Appeal of Decision for Exclusion. - A decision of the Special 
Inquiry Officer excluding an alien based on Section 77 D may be appealed to the 
Commissioner by the alien immediately after a decision has been made and on a 
form prescribed therefor which he shall accomplish and sign, and after he has been 


50 
advised of his right to take such appeal. An appeal by an alien shall operate to stay 
any final action with respect to the alien until the final decision of the Commissioner 
i s  made, which decision shall be immediately executory and shall not be given a 
motion to appeal. Except as provided in Section 78 such decision shall be rendered 
solely upon the evidence adduced before the Boards of Special Inquiry. 
SEC. 81, 
Appeals, When Not Allowed. - If a government medical officer 
or authorized private physician has certified under Section 73 of this Act that an 
arriving alien has a disease, illness, a physical or mental disorder or behavior, or 
drug addiction which would make the alien excludable under the provisions of 
Section 77A, the decision of the Boards of Special Inquiry shall be based solely upon 
such certification. No alien shall have a right to appeal such a decision for exclusion. 
Sec. 82. 
Decisions of Special Inquiry Officers; 
Appeak therefrom. - 
Except as provided in Sections 80 and 81 of this Act, in every case where an alien is 
excluded from admission into the Philippines or any other law or treaty now existing 
or hereafter entered into, the decision of a Board of Special Inquiry shall be final 
unless reversed on appeal by the Board of Commissioners. 
Sec. 83. 
Burden of Proof in Exclusion Cases. - An alien seeking admission 
into the Philippines may be required to testify under oath on matters relating to his 
admissibility. The burden of proof shall be upon such alien to establish that he i s  not 
subject to any of the grounds for exclusion provided in this Act. 
Sec. 84. 
Authority to Waive Grounds for Exclusion. - The Commissioner 
may, for good and sufficient reasons, waive any of the grounds for exclusion under 
Section 77, except paragraph D: Provided, That with respect to the ground for 
exclusion mentioned in paragraph E (1) Et (2) of Section 77 above, the Commissioner 
shall not exercise his discretion in favor of aliens previously excluded or deported on 
the ground of having engaged in hoarding, black-marketing, profiteering,, terrorism 
or any act of economic sabotage. 
Chapter 4. - Immediate Removal Or Exclusion of Foreign Nationals 
Sec. 85. 
Classes Subject of Immediate Removal and Cost thereof. - Any 
foreign national (other than an alien crewman) arriving in the Philippines who fall 
under any of the classes set forth in Section 77 of this Act and i s  ordered excluded 
shall be immediately removed, in accommodations of the same class and to the 


51 
country in which the foreign national boarded the vessel or aircraft on which he 
arrived, unless the Commissioner, in an individual case and in his discretion, 
determine that immediate removal i s  not practicable and proper. The cost of the 
maintenance including detention expense and other expenses incident to the 
detention of such foreign national, shall be borne by the owner or operator of the 
vessel or aircraft on which he arrived: Provided however, that such cost expenses 
shall not be assessed against the owner or operator of the vessel or aircraft if: 
(a) 
The foreign national was in possession of a valid unexpired immigrant 
visa, or 
(b) 
The foreign national was in possession of a valid unexpired non- 
immigrant visa or other document authorizing such foreign national to apply for 
temporary admission to the Philippines, or an unexpired reentry permit issued in his 
name, and 
1. 
Such application was made within one hundred twenty (120) 
days from the date of issuance of visa and other document, or in the case of a 
foreign national in possession of a reentry permit, within one hundred and 
twenty (120) days from the date on which the foreign national was last 
examined and admitted to the Philippines, or 
2. 
In the event the application was last made later than one 
hundred twenty (120) days as stated in the preceding subparagraph, if the 
owner or operator of such vessel or aircraft established to the satisfaction of 
the Commissioner that the ground for exclusion could not have been 
ascertained by the exercise of due diligence prior to the foreign national’s 
embarkation; or 
(c) 
The foreign national excluded claimed Philippine citizenship and was in 
possession of a valid and unexpired Philippine passport issued in his name. 
Sec. 86. 
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 i t s  territory, the foreign national’s removal shall be directed by the 
Commissioner, in his/her discretion and without necessarily giving any priority or 
preference, either to: 


52 
The country which the foreign national is a subject, citizen or national; 
The country in which he was born; 
The country in which he has a residence or last habitually resided; 
The country where he departed from or his last port of departure; or 
The country, which is willing to accept the foreign national into its 
territory, if removal to any of the foregoing country i s  impracticable, 
inadvisable, or impossible. 
Sec. 87. 
Obligation of Captain or Transport Operator. - It shall be 
unlawful for any captain, person in charge, agent, owner, operator, or consignee of 
any vessel or aircraft: 
(a) 
To refuse to receive any alien ordered excluded and removed under 
Section 86, back on board such vessel or aircraft or another vessel or aircraft owned 
or operated by the same interests; 
(b) 
To fail to detain any foreign national on board any such vessel or 
aircraft at the port of arrival when required by this Act or when so ordered by an 
immigration officer, or to fail or refuse to deliver a foreign national for medical or 
other inspection and when so ordered by such officer; 
(c) 
To refuse or fail to remove any foreign national from the Philippines to 
the country to which his deportation has been directed; or 
(d) 
To fail to pay the cost of the maintenance of any foreign national and 
other expenses incurred while being detained as required by Section 85 of this Act or 
such cost necessary or incident to his deportation as may be provided in subsequent 
sections of this Act. 
Sec. 88. 
Penalty for Non-compliance of Obligation. - If it shall appear to 
the satisfaction of the Commissioner, that the captain, person in charge, agent, 
owner, operator, or consignee of a vessel or aircraft, has violated any of the 
provisions of Section 87, supra, such violator shall pay to the Commission such fine 
as may be imposed in Title VII, Chapter 10 of this Act. 
No such vessel or aircraft 


53 
shall be granted clearance from any port in the Philippines while any such fine is 
unpaid or while the question of liability to pay any such fine is being determined, 
nor any such fine paid be refundable; Provided, however, That clearance may be 
granted prior to the determination of such question upon deposit with the 
Commissioner a sum sufficient to cover such fine or a cash bond or undertaking 
approved by the Commissioner. 
Sec. 89 
When Removal to be Effected. - If the removal of an excluded 
foreign national i s  effected on a vessel or aircraft not owned or operated by the 
owner or operator of the vessel or aircraft on which the foreign national arrived in 
the Philippines, the transportation expense of the foreign national’s removal may be 
paid from the appropriations for the enforcement of this Act to be recovered from 
the owner or operator of the vessel or aircraft on which the foreign national arrived. 
Sec. 90. 
When Removal May Be Stayed. - The Commissioner under such 
conditions as heishe may prescribe, may stay the removal of any foreign national if 
in his/her judgment, the testimony of such foreign national is vital and necessary on 
behalf of the government in the prosecution of offenders for violation of any of the 
provisions of this Act or other laws of the Philippines. 
Chapter 5. - Conditional Permits To Land and 
Discharge Of Alien Crewmen 
Sec. 91. 
Conditional Permit to Land; Period thereof. - If an immigration 
officer finds upon examination that an alien crewman is a non-immigrant under 
Section 35(d) of this Act and i s  otherwise admissible and has agreed to accept such 
permit, he may grant the crewman a conditional permit to land temporarily on a 
form prescribed by the regulations, subject to revocation in subsequent proceedings 
as provided in Section 92 and for a period of time, in any event, not to exceed the 
following: 
(a) 
The period of time during which the vessel on which he arrived remains 
in port, if the immigration officer i s  satisfied that the crewman intends to depart on 
the vessel on which he arrived, which period shall not exceed twenty- nine (29) 
days; or, 


54 
(b) 
Twenty-nine (29) days, if the immigration officer i s  satisfied that the 
crewman intends to depart within the period for which he i s  temporarily permitted 
to land, on a vessel other than the one which he arrived. 
Sec. 92. Confiscations and Cancellation of Permit. - An immigration officer 
may, if he determines that an alien is not a bona fide crewman, or does not intend 
to depart on the vessel which brought him, cancel and confiscate the conditional 
permit to land, take such alien into custody, and require the captain of the vessel on 
which the alien arrived to receive and detain him on board such vessel. Such alien 
shall be removed from the Philippines at the expense of the carrier, which brought 
him to the Philippines. Until such alien is so removed, any expense for his 
maintenance and detention shall be borne by such carrier including expenses for his 
medical treatment in a hospital or elsewhere, burial in the event of death, or for 
transfer to another vessel or aircraft in the event of return. 
Sec. 93. 
Liability for Overstaying Crewmen. - Any alien crewmen who 
willfully remains in the Philippines in excess of the number of days allowed in the 
conditional permit issued to him shall be liable to such penalties prescribed in 
Section 192 of this Act. 
The owner, agent, or consignee of the vessel shall be 
solidarity liable for the payment of such fines. 
Sec. 94. 
Liability for Unauthorized Payoff or Discharge Alien Crewmen. 
- It shall be unlawful for any person, including the owner, agent, consignee, or 
captain of any vessel to payoff or discharge any alien crewman employed on board a 
vessel arriving in the Philippines and while it i s  in port, without first obtaining the 
permission of the Commissioner. If it shall appear to the satisfaction of the 
Commissioner that any alien crewman has been paid off or discharged in violation of 
the provisions of this section, such owner, agent, consignee, captain, or other 
person, shall pay the Commission such fine as may be prescribed in Title VI1 Chapter 
I O  of this Act. 
No vessel shall be granted clearance pending determination of the 
question of liability to the payment of such fine, if such fine is imposed, while it 
remains unpaid, except that clearance may be granted prior to the determination of 
such question upon deposit with the Commission a sum sufficient to cover such fine 
or of a cash bond or undertaking with sufficient security to secure the payment 
thereof. No such fine shall be remitted or refunded but such fine may, at the 
discretion of the Commissioner be mitigated, upon such terms, as he considers 
proper. 


55 
Sec. 95. 
Duty to Report Desertion or //legal Landing of Alien Crewmen. - 
It shall be the duty of any owner, agent, consignee, or captain of any vessel or 
aircraft to report to an immigration officer, in writing, as soon as discovered, all 
cases in which an alien crewman has deserted or il(egally landed in the Philippines 
from the vessel or aircraft, together with a description of such alien and any 
information likely to lead to his apprehension. 
Sec. 96. 
Requirement for Submission of 
List of Newly Employed 
Crewmen, Those Discharged and Those Who Have //legally Landed. -Before the 
departure of any vessel or aircraft from any or the last port in the Philippines 
destined to any place outside thereof, it shall be the duty of the owner, agent, 
consignee, or captain thereof, to deliver to the immigration authorities at that port 
a list containing the name or names of any alien crewman who was not employed 
thereon at the time of arrival at that port but who will leave such port on such 
vessel or aircraft at the time of i t s  departure, and the names of those, if any, who 
have been paid off or discharged, and those, if any, who have deserted or illegally 
landed at that port. The Commissioner may, as he deems necessary, require such a 
list to contain such additional or supplemental information. 
Sec. 97. 
Liability for Failure to Submit Complete, True and Correct 
Report - In case any owner, agent, consignee, or captain shall fail to deliver 
complete, true,' and correct lists or report of aliens, or to report cases of desertion 
or illegal landing, as required by Sections 95 and 96 of this Act, such owner, agent, 
consignee, or captain shall, if required by the Commissioner, pay to the Commission 
such sum as may be prescribed in Title VII, Chapter 10 hereof. No such, vessel or 
aircraft shall be granted clearance from any port at which it arrived and/or 
departed pending determination of the question of the liability to the payment of 
such fine, i f  such fine i s  imposed, while it remains unpaid. No such fine shall be 
remitted or refunded, except that clearance may be granted prior to determination 
of such question upon deposit with the Commission a sum sufficient to cover such 
fine or a cash bond or undertaking with sufficient security to secure the payment 
thereof. 


56 
TITLE V 
DEPORTATION OF ALIENS 
Chapter 1. - Deportable Foreign Nationals 
Sec. 98. 
Classes of Deportable Aliens. - The following aliens shall be 
arrested upon the warrant of the Commission and deported after hearing and 
resolution submitted by the Board of Special Inquiry and approved by the Board of 
Commissioners: 
(a) 
Those who entered the Philippines by means of false and misleading 
statements or documents, misrepresentations, or without inspection and admission 
by the immigration authorities; 
(b) 
the time of entry; 
Those who entered the Philippines who were not lawfully admissible at 
(c) 
moral turpitude; 
Those who have been convicted in the Philippines for a crime involving 
(d) 
Those who have been convicted for violations of any law governing 
prohibited and/or regulated drugs; 
(e) 
Those who practice prostitution or are inmates of a house of 
prostitution or aye connected with the management of a house of prostitution or are 
connected with, the management of a house of prostitution, or are procurers, 
pedophiles, or sexual deviants; 
(f) 
Those who, at any time after the date of entry, have become a public 
charge; 
(g) 
Those who remain in the Philippines in violation of any period of 
limitation or condition, under which they were admitted; 
(h) 
Those who believe in, advise, advocate or teach the overthrow by force 
and violence of the government of the Republic of the Philippines, or duly 
constituted authority, or who do not believe in or are opposed to organized 
government, or those who advise, advocate, or teach the assault or assassination of 
public officials because of their office, or who advise, advocate, or teach the 


unlawful destruction of property, or who are members of or affiliated with any 
organization entertaining, advocating or teaching such doctrines or who in any 
manner whatsoever lend assistance, financial or otherwise, to the dissemination of 
such doctrines; 
(j) 
Those who at any time after entry engages in terrorist activity; as used 
herein, the term "engages in terrorist activity" means to commit, in an individual 
capacity or as a member of an organization, an act of terrorist activity or an act 
which an alien knows, or reasonably should know, affords material support to any 
individual, organization, or government in conducting a terrorist activity at any 
time, including the soliciting of funds or other things of value for terrorist activity or 
for any terrorist organization, 
and safekeeping of any terrorist assets, properties 
and propaganda materials; 
(j) 
Those who commit any of the acts penalized under this Act, 
independent of any criminal action which may be brought against them: Provided, 
however, That in the case of an alien who for any reason is convicted and sentenced 
to suffer both imprisonment and deportation, said alien shall first serve the entire 
period of his imprisonment before his deportation: Provided, further, That the 
imprisonment may be waived by the Commissioner with the consent of the 
President, and upon payment by the alien concerned of such costs, fines and/or 
damages suffered by the government or any aggrieved party as the Commissioner 
may fix with the approval of the President; 
(k) 
Those who at any time after entry i s  convicted under any law of 
purchasing, selling, offering for sale, exchanging, using, owning, possessing, or 
carrying in violation of any law or regulation, any weapon, part or accessory, which 
i s  a firearm, explosive, or destructive device; 
(I) 
Those who engage in profiteering, hoarding, black-marketing, dollar 
salting, technical smuggling, gunrunning, illegal recruitment, other acts of economic 
sabotage, and other illegal acts independent of any criminal action which may be 
brought against them; 
(m) 
Those who are guilty of any offense penalized under the naturalization 
laws of the Philippines or any law relating to the acquisition of Philippine 
citizenship; 
(n) 
Those who defraud their creditors by absconding or alienating 
properties to prevent their attachment or execution; 


58 
( 0 )  
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; 
(p) 
Those convicted of unfair labor practice and violation of other labor 
laws, illegal possession of firearms, tax evasion, or crimes against national security 
and public order; 
(4) 
Those who, upon prior investigation and hearing, are found to be 
notoriously undesirable and whose further stay in the Philippines will be inimical to 
public welfare and interest, or the dignity of the Filipinos, or the Republic of the 
Philippines as a sovereign nation; 
(r) 
Those who knowingly 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 or attempt to use or 
provide or attempt to provide other than the possessor (including a deceased 
individual); or accept or receive or provide any document lawfully issued to a person 
other than the possessor (including a deceased individual) for the purpose of 
satisfying or complying with the requirements for the employment of aliens in the 
Philippines; 
(s) 
Those who are pedophiles or pedophiliac, or sexual perverts; and 
(t) 
Those whose presence or activities in the Philippines the Secretary of 
Foreign Affairs has reasonable ground to believe would have potentially serious 
adverse foreign policy consequences for the Philippines. 
Sec. 99. 
Rules on Prescription in Deportation Cases. - The right of the 
State to initiate at any time deportation proceedings for causes mentioned in 
paragraphs (a), (b), (c:), (d), (e), (f), MI (h), (ill (j), (01, (P) and (5) of Section 98 of 
this Act, shall be imprescriptable: Provided, however, That no deportation 
proceedings may be initiated under any other paragraphs of the aforesaid Section 98 
unless the apprehension in the deportation proceedings is made within (5) years 
after the cause for deportation arises. Deportation for causes mentioned in 
paragraphs (b), (c), (e), (i), (k), (n), (q), (s) and (t) of Section 98 shall not be 
effective if the court or judge thereof, when sentencing the alien, shall recommend 
that the alien not be deported. 


59 
Chapter 2. - Detention And Deportation of Foreign Nationals 
Sec. 100. 
Issuance of Summons and Warrants of Detention - If it appears 
to the Commissioner that there is reasonable ground for inquiry as to whether an 
alien ought to be deported under Section 98 of this Act, the Commissioner may issue 
a summons to the alien, inviting him to appear in person before the investigating 
officer at the time, date, and place stated in the summons; Provided, however, That 
if it i s  shown to the Commissioner that there are strong and convincing grounds for 
such inquiry, the alien should be taken into immediate custody for the purpose of 
such inquiry. During such inquiry, the alien may, upon a warrant of detention issued 
by the Commissioner, be apprehended and detained for a period of not more than 
forty- eight (48) hours after the apprehension, which may be extended for another 
forty-eight (48) hours by the Commissioner if the circumstances warrants such 
extension, No alien shall be detained for purposes of inquiry for more than four (4) 
days unless a formal charge for deportation shall have been filed against him, except 
in cases where the alien is deportable under paragraphs (d), (h), (i), or (t) of Section 
98 of this Act. 
Sec. 101. 
Authority to Issue Warrants of Detention. - The Commissioner 
may issue a warrant of detention if he determines that a prima facie case exists for 
the filing of deportation charges against an alien for violation of the immigration, 
alien registration and related laws or there i s  a strong probability that a deportable 
alien may flee from his place of abode and go into hiding or surreptitiously leave the 
country. 
Sec. 102. 
Formal Charge of 
Deportation. - A formal charge for 
deportation against an alien shall be based on substantial evidence establishing that 
the person against whom a warrant of detention has been issued i s  an alien and 
deportable under Section 98 of this Act. After a formal charge for deportation is 
filed and pending final determination of deportability, any such alien shall, at the 
discretion of the Commissioner: (a) remain under detention; or (b) be released 
conditionally under bail and/or recognizance: Provided, however, That any such 
bond or recognizance may be revoked at any time by the Commissioner if it appears 
that there i s  strong evidence against the alien or there is strong probability of his 
escaping or evading the proceedings, in which case, the alien may be returned into 
custody and detained under the same warrant of detention which initiated the 
proceedings until final determination of his deportability. 


60 
Sec. 103. 
Detention of Alien Convicted of a Felony or an Offense. - In 
the case of an alien convicted of an offense or a felony, which i s  a ground for 
deportation under this Act, said alien shall not be deported until his imprisonment is 
terminated by service of sentence or release from confinement. Parole, probation 
or possibility of 
re-arrest or further confinement in respect to the same offense 
shall not be a ground for deferral of deportation. Upon release from confinement, 
the Commissioner shall take into custody and place under detention said alien, after 
giving notice to the court or agency concerned. 
Such alien shall remain under 
detention, either before or after determination of deportability, and may be 
released by the Commissioner at Commissioner's discretion, and under such terms 
and conditions prescribed by him/her, if the alien demonstrates to the satisfaction 
of the Commissioner that he/she i s  not a threat to the community and that he/she i s  
likely to appear before any scheduled hearings. 
Chapter 3. - Deportation Procedures 
Sec. 104. 
Proceedings in Deportation Cases. - The Board of Special Inquiry 
shall conduct proceedings to determine the deportability of any alien and shall 
administer oaths, present and receive evidence, interrogate, examine and cross- 
examine the alien and witnesses. Any alien charged with deportation shall at all 
times be accorded due process. He shall be given notice and informed of the specific 
charge or charges against him and of the time, date, and place at which the 
proceedings shall be held. He shall have the privilege of being represented and 
assisted by such counsel of his choice, and shall have a reasonable opportunity to 
examine the evidence against him, to adduce and present evidence on his own 
behalf, and to confront and cross-examine witnesses presented by the government: 
Provided, however, That summary deportation proceedings shall be taken in the 
case of undocumented aliens or those who are holders of expired passports, travel 
documents and visas. 
Sec. 105. 
Attendance of 
the Alien in Deportation Proceedings. - 
Determination of deportability in any case shall be made only upon a record made in 
a proceeding before a Board of Special Inquiry at which the alien shall have 
reasonable opportunity to be present, unless by reason of the alien's mental 
incompetence it i s  unpractical for him to be present, in which case the Board of 
Special Inquiry shall prescribe necessary and proper safeguards for the rights and 
privileges of such alien. If any alien has been given a reasonable opportunity to be 
present and without reasonable cause fails or refuses to attend or remain in 


61 
attendance at such proceedings, the Board of Special Inquiry may proceed to a 
determination in like manner as if the alien were present. 
Sec. 106. 
Assignment of Special Prosecutors in Deportation Cases. - The 
Commissioner shall assign a special prosecutor to present the evidence of the 
government if the alien charged denies the factual allegations of his deportability, 
or issues of law or fact remains unsolved. A t  any time during the hearing, the special 
prosecutor may file additional charges of deportation. 
Sec. 107. 
Burden of Proof in Deportation Cases. - In cases where the 
charge for deportation i s  based on paragraph (a) of Section 98 of this Act, the 
burden of proof shall be upon the alien to establish that he entered and was 
admitted into the Philippines lawfully, the time, place and manner of such entry and 
admission. For this purpose, he shall be entitled to the statement of the facts in 
connection with his arrival as shown by official records in the custody of the 
Commissioner. 
Sec. 108. 
Rules of Procedure Before the Board of Special Inquiry. - 
Proceedings before a Board of Special inquiry in deportation cases shall be in 
accordance with such rules of procedure, as the Commissioner shall prescribe. These 
rules shall be the sole and exclusive procedure for determining the deportability of 
an alien under this Act. 
Sec. 109. 
Voluntary Deportation, When Authorized. - A t  the discretion of 
the Commissioner, deportation proceedings, including the issuance of warrant of 
detention and a finding of deportability, need not be required in the case of a 
deportable alien who elects not to contest the charge against him and chooses to 
voluntarily depart at his own expense without being deported, if his departure 
without proceedings would be in the best interest of the Philippines: Provided, That 
any alien so authorized to depart voluntarily shall be barred from entering the 
country unless with prior written authorization from the Commissioner. Voluntary 
departure shall not be authorized in cases where the Commissioner believes such 
alien i s  deportable under paragraphs (d), (h), (i), (j), (k) and (t) of Section 98 of this 
Act. 
Sec. 11 0. 
Findings of the Board of Special Inquiry in Deportation Cases. - 
The Boards of Special Inquiry conducting the hearing in a deportation case shall 
submit i t s  findings and recommendations to the Board of Commissioners. 
In cases 
where an alien elects not to contest the charge against him and chooses to 


62 
voluntarily depart from the Philippines at his own expense, or when an alien admits 
during the pleadings to the factual allegations and his deportability, the Board of 
Special Inquiry shall likewise inform the Board of Commissioners in i t s  report. 
Chapter 4. - Decision of Board of Commissioners 
on Deportation Cases 
Sec. 1 1 1. 
Transmittal of the Records to the Board of Commissioners. - At 
the conclusion of the deportation hearing, the complete records of the proceedings 
together with the findings and recommendations of the Boards of Special Inquiry 
shall be forwarded to the Board of Commissioners for final decision. 
Sec. I 
12. 
Petition for New Hearing, Grounds Therefor. - A t  any time 
before the alien i s  deported, but not later than one (1) month from the date he 
receives the notice and copy of the decision of the Board, the alien or his counsel 
may file a petition for rehearing but only on the ground of newly discovered 
evidence. The petition shall state the reason or reasons why such evidence was not 
produced during the proceedings. If such evidence i s  material and not merely 
cumulative and would probably warrant a reversal of the decision, the Board may 
remand the case to the Boards of Special Inquiry for rehearing. The filing of the 
petition for rehearing and the granting thereof shall have the effect of staying the 
order or warrant of deportation issued. No more than one petition for rehearing and 
no motion for reconsideration of the decision of the Board shall be entertained. 
Chapter 5. - Order of Deportation and Cost 
Sec. 11 3. 
Contents of an Order or Warrant of Deportation. - The order or 
warrant of deportation shall be in the prescribed form and shall state the following: 
(a) 
The grounds for deportation; 
(b) 
(c) 
The specific place to where the alien shall be deported; and 
A directive commanding any officer of the Commission to carry out the 
deportation immediately, or within such period of time as the Commissioner may 
direct. 
Sec. 114. 
Period to Effect Deportation. 
- When a final order of 
deportation i s  made against any alien, the Commissioner shall have a period of three 


63 
(3) months from the date of such order within which to affect the alien's departure 
from the Philippines. During said period, at the Commissioner's discretion, the alien 
may remain under detention or be released under cash bond in an amount and under 
such conditions as the Commissioner may prescribe. If deportation i s  not been 
practicable, advisable, or possible, or the order of deportation has not been 
effected within such three-month period, the alien shall be subject to such further 
supervision and detention pending eventual deportation as provided in Section 103. 
For the purpose of this section, an order of deportation heretofore or hereafter 
entered against an alien in detention or confinement shall be considered as being 
made as of the moment he i s  released from such detention or confinement, and not 
prior thereto. 
Sec. 11 5. 
Suspension of Order of Deportation; Justification. - The 
Commissioner may upon application of an alien and payment of appropriate fees, for 
good cause and under such conditions as he may prescribe, suspend the order of 
deportation of an alien and order his release. In determining whether good cause has 
been shown to justify releasing the alien, the Commissioner shall take into account 
the following factors: 
(a) 
The age, health, and period of detention of the alien; 
(b) 
peace or safety; 
The effect of the alien's release on the national security and public 
(c) 
The likelihood of the alien resuming or following a course of conduct 
which make or would make him deportable; 
(d) 
The character of the efforts made by such alien himself and by 
representatives of the country to which his deportation is directed to expedite the 
alien's departure from the Philippines; and 
(e) 
The reason for the inability of the government to secure passports or 
other travel documents. 
Sec. 116. 
Reinstatement of the Order of Deportation. - Should the 
Commissioner find that an alien has unlawfully entered the Philippines after having 
previously departed voluntarily or been deported pursuant to an order of 
deportation on any ground described in any of the paragraphs enumerated in Section 
98 of this Act, the previous order of deportation shall be deemed reinstated from i t s  


64 
original date and such alien shall be summarily deported at any time subsequent to 
such reentry. For the purpose of this section, the date at which a finding is made 
that such reinstatement is appropriate shall be deemed the date of the final order of 
deportation. 
Sec. 117. 
Country Where Deportation is to be Directed. - The deportation 
of an alien provided for in this Act or any other act or treaty, shall be directed by 
the Commissioner to a country designated by the alien i f  that country is willing to 
accept him into i t s  territory. If the government of such country fails to advise the 
Commissioner or the alien within thirty (30) days following the date of original 
inquiry whether that government will or will not accept such alien, then such 
deportation, either to the country from which such alien embarked for the 
Philippines, to the country in which the foreign national was born, the country of his 
nationality or citizenship or to any country in which he resided prior to coming to 
the Philippines. 
If deportation to any of the foregoing places or countries i s  impracticable, 
inadvisable, or impossible, then the alien shall be deported to any country, which is 
willing to accept him into i t s  territory. 
Sec. 118. 
Costs of Deportation. - If deportation proceedings are instituted 
at any time within five (5) years after the entry of the alien for causes existing prior 
to or at the time of entry, the cost of the removal to the country of deportation 
shall be at the expense of the vessel or aircraft by which such alien came into the 
Philippines: Provided, That the costs for the deportation of any such person shall not 
be assessed against the owner or owners of the vessel or aircraft in the case of any 
alien who arrived in possession of a valid unexpired immigrant visa and who was 
admitted to the Philippines for permanent residence. In the case of an alien 
crewman, i f  deportation proceedings are instituted at any time within five (5) years 
after the granting of the last conditional permit to land temporarily under the 
provisions of Section 91 of this Act, the cost of removal to the country of 
deportation shall be at the expense of the owner or owners of the vessel or aircraft 
by which such, alien came into the Philippines, or if in the opinion of the 
Commissioner that it i s  not practicable, at the expense of the appropriations for the 
enforcement of this Act. In either of these cases, if deportation proceedings are 
instituted later than five (5) years after the entry of the alien or granting of the last 
conditional permit to land temporarily, the cost thereof shall be payable from the 
appropriations for the enforcement of this Act. 


65 
Sec. 11 9 ,  
Liability of Transport Operators. - Failure or refusal on the part 
of the captain, or the agent, owner, or consignee of a vessel or aircraft, or other 
carrier to comply with the order of the Commissioner to take on board, guard safely, 
and transport to the destination specified any alien ordered to be deported, or any 
failure or refusal by any such person to comply with an order of the Commissioner to 
pay deportation expenses in accordance with the requirements of Section 119, 
supra, shall be punished by the imposition of a penalty in the sum and manner 
prescribed in Title VII, Chapter I O  of this Act. 
Sec. 120. 
Expenses of the Accompanying Person. - When, in the opinion of 
the Commissioner, the mental or physical condition of an alien being deported i s  
such as to require personal care and attendance, the Commissioner may employ a 
suitable person for that purpose of accompanying such alien to his final destination. 
The expense incident to such service shall be defrayed in the same manner as the 
expense of deporting the accompanied alien is defrayed, and any failure or refusal 
to defray such expenses shall be punished in the manner prescribed in this Act. 
Sec. 121. 
Existence of Danger in Country Where Alien is to be Deported. - 
The Commissioner shall not deport or return any alien to a country if the 
Commissioner determines that such alien's life or freedom would be threatened in 
such country on account of race, religion, nationality, political opinion, or 
membership in a particular social group: Provided, however; That this provision shall 
not apply to any alien if the Commissioner determines the following: 
(a) 
The person ordered, incited, assisted, or otherwise participated in the 
persecution of any person on account of race, religion, nationality, political opinion, 
or membership in a particular social group; 
(b) 
The person having been convicted of a felony, constitutes a danger to 
the community of the Philippines; 
(c) 
There are serious reasons for considering that the person has 
committed a serious non-political crime outside the Philippines prior to his arrival in 
the Philippines; or 
(d) 
There are reasonable grounds for regarding the person an undesirable 
alien and/or a danger to the security of the Philippines. 


Chapter 6. - INDIGENT ALIENS 
Sec. 122. 
Removal of lndigent Aliens. - The Commission shall have the 
authority to remove such aliens as may fall into distress or need public aid from 
causes arising subsequent to their entry and are desirous of being so removed, to the 
country from whence they came, or to the country of which they are citizens or 
subjects, at any time after entry, at the expenses chargeable to any appropriation 
available. Any person thus removed shall forever be ineligible for readmission, 
except upon the authorization of the Commissioner obtained previous to 
embarkation for the Philippines. 
TITLE VI 
CITIZENSHIP AND NATURALIZATION 
Chapter 1 - Citizens of the Philippines 
Sec. 123. 
Who are citizens of the Philippines. - The following are citizens 
of the Philippines: 
(a) 
Those who are citizens of the Philippines at the time of the adoption of 
the Constitution of the Philippines; 
(b) 
Those whose fathers or mothers are citizens of the Philippines; 
(c) 
Those born before January 17, 1973, of Filipino mothers, who elect 
Philippine citizenship upon reaching the age of majority; and 
(d) 
Those who are naturalized in accordance with law. 
Sec. 124. 
Natural Born, Defined. - Natural-born citizens are those who 
are citizens from birth without having to perform any act to acquire or perfect their 
Philippine citizenship. Those who elect Philippine citizenship by virtue of Paragraph 
(c) of the preceding section shall be deemed natural-born citizens. 
Sec. 125. 
Requirements and Period to Elect Philippine Citizenship. - The 
option to elect Philippine citizenship shall be exercised within the lifetime of the 
applicant and expressed in a statement to be signed and sworn to by the person 


61 
concerned before any person authorized administer oaths, and shall be filed with 
the Commissioner accompanied with the oath of allegiance of the person to the 
constitution and the Government of the Republic of the Philippines. If the person 
concerned is absent from the Philippines, he may make the statement and the oath 
of allegiance herein required before a consular officer of the Philippines nearest his 
place of residence in the foreign country where he is residing. The consular officer 
shall forward to the Commissioner the statement and oath of allegiance within 
fifteen (1 5) days from receipt and proper determination thereof. 
Sec. 126. 
Recognition as Filipino. - A person whose father or mother is a 
Filipino citizen but has been granted citizenship by another country may file within 
his lifetime a petition for recognition as a Filipino citizen, His recognition will not 
cause the loss of his citizenship to the other country. 
Sec. 127. 
Administrative Determination of Citizenship. - 
The 
Commissioner shall make a determination upon recommendation of an immigration 
hearing officer whether the person concerned is qualified to elect or be recognized 
as a citizen of the Philippines and, if determined to be so, shall issue to the person 
concerned a certificate of identity of Philippine citizenship to be signed by the 
Commissioner or his authorized representative. Within fifteen (1 5) days after the 
election or recognition for Philippine citizenship is perfected, the Commissioner 
shall furnish a copy of the statement and oath of allegiance, together with a 
certification that a certificate of identity has been issued, to the local civil registrar 
of the place where the person was born, for registration, or of foreign-born, of the 
place where the person has his domicile. 
Chapter 2 - Loss of Philippine Citizenship 
Sec. 128. 
Philippine Citizenship, How Lost. - A citizen of the Philippines 
may lose his citizenship in any of the following ways andlor events: 
(a) 
By obtaining naturalization in a foreign country upon his own 
application or upon an application filed by a duly authorized representative, after 
having attained the age of eighteen (18) years; 
(b) 
By taking an oath or making an affirmation or other formal declaration 
of allegiance to a foreign state or a political subdivision thereof, after having 


68 
attained the age of eighteen: Provided, however, that no person may divest himself 
of Philippine citizenship in any manner while the Philippines is at war with any 
country; 
(c) 
By renunciation of Philippine citizenship, express or implied; 
(d) 
By entering, or serving, the armed forces of a foreign state if (1) such 
armed forces are engaged in hostilities against the Philippines, or (2) such person 
serve as a commissioned or non-commissioned officer in such armed forces, except 
when done with the consent of the Republic of the Philippines; 
(e) 
By accepting, serving in, or performing the duties of any office, post or 
employment under the government of a foreign state or a political subdivision 
thereof, after attaining the ape of eighteen (18) years if he has or acquires the 
nationality of such foreign state or for which office, post, or employment an oath, 
affirmation, or declaration of allegiance i s  required; 
(f) 
By cancellation of his certificate of naturalization; 
(g) 
By having been declared by competent authority a deserter of the 
Armed Forces of the Philippines in time of war, unless subsequently granted a 
plenary pardon or amnesty; or 
(h) 
By committing any act of treason against, or attempting by force to 
overthrow, or bearing arms against, the Government of the Republic of the 
Philippines. 
Sec. 129. 
Loss of Citizenship, Burden of Proof. - Whenever the loss of 
Philippine citizenship i s  put in issue in any action or proceeding, the burden of proof 
shall be upon the person or party claiming, that such loss occurrence, to establish 
such claim by a preponderance of the evidence. Any person who commits or 
performs, or who has committed or performed, any act of expatriation under the 
provisions of this Act or any other law shall be presumed to have done so voluntarily, 
but such presumption may be rebutted upon a showing by a preponderance of the 
evidence, that the act or acts committed or performed were not done voluntarily. 
Sec. 130. 
Renunciation of Citizenship. - Except as provided in paragraphs 
0 and (h) of Section 158, the grant of foreign citizenship to a Filipino by reason of 


69 
marriage, residence, or naturalization shall not operate to divest a Filipino of 
hidher citizenship unless he/she renounces Philippine citizenship and subscribes to 
an oath of allegiance to the foreign country. 
Sec. 131. 
Expatriation, When Not Recognized. - A Philippine citizen who 
asserts his claim to Philippine citizenship in such manner as the Commissioner shall 
by regulations prescribe, shall not be deemed to have expatriated himself by the 
commission, prior to his having attained the age of eighteen (18), of any acts 
specified in paragraphs (d) and (e) of section 158 of this Act. 
Chapter 3 - Reacquisition of Philippine Citizenship 
Sec. 132. 
Citizenship, How Reacquired. - A person who losses Philippine 
citizenship in any of the ways andlor means enumerated under Section 128 of this 
Act may reacquire his Philippine citizenship through any of the following means: 
(a) 
By naturalization: Provided, that the applicant possesses none of the 
disqualification for naturalization under section 136 of this Act; 
(b) 
By repatriation of deserters of the Armed Forces of the Philippines; or 
(c) 
By direct act of the Congress of the Philippines; 
Sec. 133. Administrative Naturalization, When Applicable. - The provisions 
for administrative naturalization under this Act and the regulations issued pursuant 
thereto shall be made applicable to any petition filed for the reacquisition of 
Philippine citizenship under paragraph (a) of the preceding Section. In all other 
cases, repatriation shall be effected by taking the required oath of allegiance to the 
Republic of the Philippines before the Commissioner or any officer authorized by 
him. 
Chapter 4 - Naturalization of Native-Born and Non-Native-Born 
Sec. 134. 
Persons eligible for Administrative Naturalization. - 
The 
provisions of Commonwealth Act No. 473, as amended by Republic Act No. 9139, 
otherwise known as the “The Administrative Naturalization Law of ZOOO”, and all 


70 
other laws to the contrary notwithstanding, any foreign national who was born in the 
Philippines or not born in the Philippines but a permanent resident may apply for 
Philippine citizenship through administrative process, by filing with the Commission 
a petition for naturalization under this Act. 
Sec. 135. 
Qualifications 
for 
Naturalization. - Native-born foreign 
nationals and those foreign nationals not native born but who have acquired 
permanent resident status in the Philippines under Philippine immigration Laws 
having the following qualifications may become a citizen of the Philippines by 
naturalization: 
(a) 
He must not be less than eighteen (18) years of age on the date of 
filing of the petition; 
(b) 
less that seven (7) years prior to the filing of the petition; 
He must have resided continuously in the Philippines for a period of not 
(c) 
He must be of good moral character, and believes in the principles 
underlying the Philippine Constitution; 
(d) 
He must have conducted himself in a proper and irreproachable manner 
during the entire period of his residence in the Philippines; 
(e) 
He must have some known business, trade, profession, or lawful 
occupation from which he derives income sufficient for his support and that of his 
spouse or children, if any; Provided, that this requirement may be waived with 
respect to bona fide students at least eighteen (18) years of age who, on the basis of 
their qualifications and potentials, and their parents, resources, can become useful 
citizens of the Philippines; 
(f) 
He must be able to speak and write English and any one of the principal 
Philippine dialects; 
(2) 
He must have given primary and secondary education to all his children 
of school age, if any, in the public schools or recognized private schools where 
Philippine history, government, and civics are taught or prescribed as part of the 
school curriculum, and not limited to any nationality, race, during the entire period 


71 
of his residence in the Philippines required of him prior to the filing of his petition 
for naturalization; and 
(h) 
He must have commingled socially with Filipinos. 
Sec. 136. 
Persons Disqualified to be Citizens by Naturalization. - The 
following persons cannot be naturalized as Philippine citizens: 
(a) 
Persons opposed to organized government or affiliated with any 
association or group of person who uphold and teach doctrines opposing all 
organized government; 
(b) 
Persons defending or teaching the necessity or propriety or violence, 
personal assault, or assassination for the success and predominance of their ideas; 
(c) 
Polygamists or polyandry people or believers in the practice thereof 
unless their religion allows it; 
(d) 
Persons suffering from mental alienation or incurable contagious 
disease; 
(e) 
Persons who, during the entire period of their residence in the 
Philippines, have not mingled socially with the Filipinos, or who have not evinced a 
sincere desire to learn and embrace the customs, traditions, and ideals of the 
Filipinos; 
(f) 
Citizens or subjects of a foreign country which the Philippines i s  at 
war, during the period of such war or hostilities; 
(g) 
Citizens of a foreign country whose laws do not grant Philippine 
citizens the privilege to become naturalized citizens thereof; and 
(h) 
Persons engaging and/or 
supporting 
any 
terrorist 
activity or 
organization. 
Sec. 137. 
Residence Requirements, when reduced. - The seven years 
continuous residence required in Paragraph (b) of Section 135, shall be reduced to 
five (5) years under any of the following conditions: 


12 
(a) 
He is a native-born foreign national; 
(b) 
Being married to a woman who is a natural-born citizen, which 
marriage took place not less than three (3) years immediately prior to the filing of 
the petition; 
(c) 
Having established a new industry duly registered or introduced a 
usefu( invention in the Philippines duly patented; or 
(d) 
Having been engaged as a teacher in the Philippines in a recognized 
private school not established for the exclusive instruction of children of persons of 
a particular nationality or race, for a continuous period of not less than three (3) 
years. 
Sec. 138. 
Petition, Filing Fee and Contents Thereof. - A filing fee of 
Twenty Five Thousand Pesos shall be paid and petitions for naturalization shall be 
signed by the petitioner in his own handwriting and sworn to by the petitioner on 
four copies, each accompanied by a recent photograph of the petitioner, and shall 
set forth: 
(a) 
His name and surname, including aliases or other names by which he i s  
commonly known and called; his citizenship; and whether single or married; 
(b) 
The place and date of birth, and his trade, profession or occupation; 
(c) 
The name of his spouse and his living children, if any, indicating their 
corresponding dates and places of birth, and whether living with him or not; 
(d) 
His parents and former places of residence, indicating the periods of 
his residence in each place; 
(e) 
That he has all the qualifications required under Section 135 of this 
Act; 
(f) 
That he i s  not disqualified under Section 136 of this Act; 


73 
(g) 
That'he will reside continuously in the Philippines from the date of 
filing of the petition up to the time of his admission to Philippine citizenship; and 
(h) 
The names and place of residence of the witnesses whom he desires to 
introduce at the hearing of his petition. 
Sec. 139. 
Affidavit Requirement. - The petition shall be supported by the 
affidavits of at least two credible persons of good standing in the community, stating 
that they personally know the petitioner to have been born in or a resident of the 
Philippines for the period of time required by this Act, that the petitioner is a person 
of good repute and morally irreproachable, and that the petitioner has in their 
opinion all the qualifications necessary to become a citizen of the Philippines and i s  
not in any way disqualified under the provisions of this Act. 
Sec. 140. 
Publication Requirements. - 
immediately upon the filing of 
a petition, the Commissioner shall cause the publication of the petition at 
petitioner's expense, once a week for three (3) consecutive weeks in the Official 
Gazette, in one national newspaper of general circulation, and in one local (city or 
provincial) newspaper where the petitioner resides. Copies of said petition and a 
general notice of hearing shall also be posted in a public and conspicuous place in 
the central office or immigration regional or field office where the proceedings will 
be heard, which hearing shall not be held until after three (3) months from the date 
of last publication of the notice in the national newspaper. The Commissioner shall, 
as soon as possible, forward copies of the petition together with the affidavits of the 
witnesses to the office of the Solicitor General, the Director of the National Bureau 
of Investigation, the provincial director of the Philippine National Police, and the 
provincial or city prosecutor of the province or city where petitioner resides. 
Sec. 141. 
Naturalization Proceeding. - The Board of Special inquiry shall 
conduct naturalization hearings under this Act: Provided, however, that no petition 
shall be heard within thirty (30) days preceding any election. The hearing shall be 
open to the public and the Solicitor General or his authorized representative shall 
appear on behalf of the government at all proceedings and at the hearing. 
The 
Board of Special Inquiry 
shall submit in writing i t s  findings and recommendations 
taking into account the evidence presented and the testimony of witnesses whether 
the petitioner possess all the qualifications and none of the disqualification set forth 
under Section 136 and 137, to the Board of Commissioners for decision, within thjrty 
(30) days after termination of the hearing, together with the complete records of 


14 
the case. 
the entire records of the case. 
The Board shall render i t s  decision within thirty (30) days upon receipt of 
If it is found in the course of the hearing that any of the witnesses i s  not 
credible or i s  incompetent, and it is satisfactorily shown that the petitioner acted in 
good faith in presenting such witness, another witness may be presented by the 
petitioner upon proper motion, subject to approval of the Board of Commissioners. 
Sec. 142. 
Decision of the Board of Commissioners, When Final. - The 
Decision of the Board of Commissioners granting or denying the petition shall 
become final and executory after the lapse of fifteen (15) days from the date 
parties or counsel receive a copy of the decision and no appeal has been filed 
with the Court of Appeals. 
Should the Board of Commissioners affirm the petition for naturalization and 
said decision becomes final and executory, the Commissioner shall upon payment of 
the two hundred thousand pesos naturalization fee, issue a certificate of 
naturalization to the petitioner and furnish a copy thereof to the civil registrar of 
the locality where the petitioner was born and atso the locality where petitioner 
resides, for registration in the civil registry. 
Sec. 143. 
Certificate of Naturalization, Contents thereof. - A certificate 
of naturalization issued under this Act shall, amons other things, contain the 
following: 
(a) 
The case number of the petition, as docketed; 
(b) 
The number of the certificate of naturalization; 
(c) 
The signature of the person naturalized which shall be affixed in the 
presence of the members of the Board of Special Inquiry, which heard the petition; 
(d) 
The recent picture of the person naturalized; 
(e) 
The personal circumstances of the person naturalized; 
(f) 
The date on which his petition was filed; 


75 
( 9 )  
The date of the decision granting the petition; and 
(h) 
The payment of the filing fee and naturalization fee; and 
(i) 
The names of the members of the Board of Special Inquiry who 
conducted the hearing of the petition. 
Sec. 144. 
Renunciation and Oath of Allegiance. - Before the issuance of 
the certificate of naturalization which shall be in such form as may be prescribed by 
the regulations, the petitioner shall, before the Commissioner or any member of the 
Board, taken the following oath translated in Pilipino, whereupon, and not before, 
he will be entitled to ali the privileges of a citizen of the Philippines: 
I, 1, 
, do hereby solemnly 
swear that 
I 
renounce absolutely and forever all 
allegiance and fidelity to any foreign potentate, state, 
sovereignty, 
and 
particularly 
to 
the 
, of which at this time I am a 
subject or citizen; that I will support and defend the 
Constitution of the Philippines and that I will obey the 
laws, legal orders, and decrees promulgated by the duly 
constituted authorities of the Republic of the Philippines; 
and I hereby declare that I recognize and accept the 
supreme authority of the Republic of the Philippines and 
will maintain true faith and allegiance thereto; and that I 
impose this obligation upon myself voluntarily without 
mental reservation or purpose of evasion. 
So help me God.” 
Sec. 145. 
Books and Records. - The Citizenship and Naturalization 
Department of the Commission shall keep two books: one in which the petitions shall 
be recorded in chronological order, noting all proceedings thereof from the filing of 
the petition to the final issuance of the certificate of naturalization; and another, 
which shall be a record of naturalization certificates, each page of which shall have 
a duplicate copy which shall all be duly attested by any member of the Board of 
Special Inquiry concerned. 


76 
Sec. 146. 
Retention of Fees. - The Commission shall retain fifty percent 
(50%) of the payment made under these naturalization proceedings to be used for 
the operating expenses of the Commission. 
Chapter 5 - Effects of Naturalization 
Sec. 147. 
Effects on Wife and Children. - Any woman who i s  now or may 
hereafter be married to a citizen of the Philippines, and who might herself be 
lawfully naturalized under the provisions of this Act shall be deemed a citizen of the 
Philippines, and minor children of persons naturalized under this Act, who have been 
born in the Philippines, shall be deemed citizen thereof: Provided that they shall 
first qualify and be recognized as such by the Commission. 
Sec. 148. 
Children Born Prior to Naturalization of Parent. - A foreign- 
born minor child, if dwelling in the Philippines at the time of the naturalization of 
the parent, shall automatically become a citizen but a foreign-born child, who i s  not 
in the Philippines at the time the parent i s  naturalized, shall be deemed a citizen 
only during his minority. However, he may continue to be a citizen even after 
reaching the age of majority or eighteen (18) years of age: Provided, that he shall 
first qualify and be recognized as such in the Commission. 
Sec. 149. 
Children Born Outside the Philippines after Naturalization. -A 
child born outside the Philippines after the naturalization of his father shall be 
considered a citizen, subject to prior recognition of his citizenship by the 
Commission. 
Sec. 150. 
Effects of Petitioner’s Death Before finality of the Order. -In 
case a petitioner dies before the final decision has been rendered, his widow and/or 
minor children may continue the proceedings. The decision rendered in the case 
shall, insofar as the widow and minor children are concerned, produce the same 
legal effect as if it had rendered during the lifetime of the petitioner. 
Chapter 6. - Cancellation of Naturalization Certificate 
Sec. 151. 
CancelIation of Naturalization Certificate. 
- Upon motion 
made in the proper proceedings by the Solicitor General or by the provincial or city 


77 
prosecutor concerned or by any concerned citizen, the Commissioner, upon hearing 
by and recommendation of the Board of Special Inquiry concerned, may cancel 
naturalization certificate issued and i t s  registration in the proper civil registry shall 
be ordered revoked and considered null and void: 
(a) 
if it i s  shown that said naturalization certificate was obtained 
fraudulently by means of any false and fictitious statements or documents, 
misrepresentations, or concealment of material facts; or 
(b) 
if it i s  shown that the naturalized citizen has atlowed himself to be 
used as a dummy in violation of the Constitution or any provision of law requiring 
Philippine citizenship as a requisite for the exercise, use or enjoyment of a right, 
franchise, or privilege; or 
(c) 
if it i s  shown that the minor children of the person naturalized failed to 
finish high school in a public school or recognized by neglecting to support the 
education of any,such children; 
Any person who claims to be a citizen by virtue of the naturalization of a 
parent or spouse whose certificate of naturalization has been ordered revoked and 
cancelled on any of the grounds set forth in this section, shall be deemed to have 
lost his Philippine citizenship and any right or privilege of a citizen which he may 
have or may hereafter acquire under and by virtue of the naturalization of such 
parent or spouse. If said person wishes to continue to stay in the Philippines, he 
must apply for an appropriate visa as provided under this Act. 
TITLE VI I 
MISCELLANEOUS PROVISIONS 
Chapter 1. - Legalization of Unlawful Residence 
of Qualified Foreign Nationals 
Sec. 
152. 
When to File Application. - 
The provisions of this Act 
notwithstanding, any foreign national whose stay in the Philippines is otherwise 
unlawful under existing laws and who desires to reside permanently in the 
Philippines may apply for the legalization of his stay which shall be filed with the 


1 8  
Commission on Immigration and Naturalization within one (1) year from the 
effectivity of the rules and regulations to implement the provisions of this Act. 
Sec. 153. 
Qualifications and Requirements. - Any foreign national who 
wants to avail himself of the benefits under this Act must establish that: 
(a) 
He has remained unlawfully in the Philippines for a period of at Least 
five (5) years prior to filing of his application for Legalization; 
(b) 
He has, during the last five (5) years prior to the filing of his 
application, been continuously present physically in the country: Provided, that he 
shall not be considered to have failed to maintain continuous physical presence by 
virtue of brief, casual, and innocent absences from the Philippines; 
(c) 
He possesses minimal understanding and knowledge of either English or 
any of the major dialects of the Philippines. Provided that the Commissioner may 
waive this requirement in the case of a foreign national who is sixty-five (65) years 
of age or over; 
(d) 
He has no pending deportation case, or criminal case whereby he may 
be subject to deportation, or he is not engage in any activity where by be may be 
subject to deportation: 
Provided, that in case of dismissal of a deportation or 
criminal case against him, he may and could avail himself of the benefits under this 
Act. 
Sec. 154. 
Who are Qualified. - 
The following foreign nationals are 
disqualified from availing themselves of the benefits under this Act: 
Those who are suffering from any mental disorder or are afflicted; 
Those who have been convicted by final judgment, any crime or 
offense involving moral turpitude during the entire period of his stay in 
the Philippines; 
Those who are fugitives from justice of any country; 
Those who have been convicted by final judgment of any crime or 
offense where the penalty imposed i s  imprisonment for more than one 
year or a fine exceeding ten thousand (10,000) pesos; 
Those who have been found guilty of unfair labor practices; 


I9 
Those who are shown to have defrauded their creditors by absconding 
or alienating properties to prevent their being attached or executed; 
Those who are indigents or likely to become public charges; and 
Those who have been identified by competent authorities are involved 
or are sympathizers of terrorism, human smuggling and human 
trafficking. 
155. Filing Fees. - 
A filing fee of fifty thousand pesos for the 
applicant, ten thousand for the spouse and five thousand for each minor child shall 
be paid upon submission by a foreign national of his application for legalization of 
his residence which amounts are not refundable. Such fees may be adjusted, as the 
Board of Commissioners may deem necessary. 
Sec. 156. FiIing of the Application: Its Effects. -Any foreign national who 
has a pending application for legalization of residence under this Act shall not be 
subject to deportation proceedings. 
Sec. 157. 
Death of Applicant: Its Effects. - 
In 
cases 
where 
the 
foreign national should die before the decision is rendered on his application, any 
decision rendered shall, insofar as the wife and unmarried children are concerned, 
produce the same legal effect as if the decision was rendered during the lifetime of 
the applicant. 
Sec. 158. Period to Resolve Applications. - 
All 
applications 
filed 
under this Act shall be decided by the Board upon recommendation by the Board 
upon recommendations by the Board of Special Inquiry. All decisions of the Board 
shall become final and executory after fifteen (15) days from receipt of the notice 
and copy of the decision of the applicant or his counsel. The Board shall entertain 
only one motion for reconsideration, which must be filed in writing within fifteen 
(15) days from receipt of the notice and copy of the decision by the applicant or his 
counsel of record 
Sec. 159. Effect of Approval and Consequences of DeniaI. - Any foreign 
national whose application for legalization under this Act has been approved shall 
pay a legalization fee of fifty thousand pesos (P50,OOO.OO) for the applicant, twenty- 
five thousand pesos (P25,OOO.OO) for the spouse and ten thousand pesos (PlO,OOO.OO) 
for each minor child for such legalization to be implemented. The Board of 
Commissioner’s may adjust such fees whenever they deem necessary. He sha(l be 


deemed to have been lawfully admitted for permanent residence in the Philippines 
as of the date of approval of his application. In case of denial, the applicant and his 
dependents, if any, shall be ordered to leave the country at their own expense, 
without prejudice to their returning to the Philippines and applying for adjustment 
of their status from temporary visitor to some other category or classification as 
non-immigrants or immigrants: Provided that the Commissioner may waive their 
physical departure if it i s  impossible or impracticable, or would result in exceptional 
and extreme hardship to the foreign national and his dependents, if any. 
Sec. 
160. Waiver of 
Requirement by the Commissioner and Non- 
applicability of some Limitations. - 
For purposes of this Act, the reciprocity 
requirement of immigrants may be waived by the Commissioner: Provided that such 
waiver shall not be exercised if it contravenes or i s  opposed to public interest or 
national security considerations. Similarly, the limitation for quota immigrant under 
this Act shall not apply to the legalization of unlawful residence and the status of a 
foregoing national as immigrant under this Act. 
I 
Sec. 
161. Non-disclosure of 
Information. - Any employee of the 
Commission shall not: 
(a) 
Use any information furnished pursuant to an application filed under 
this Act for any purpose other than to make a determination of the 
application for an enforcement of penalties for false and misleading 
statements in the application; 
(b) 
Make any publication whereby any information furnished may identify a 
particular individual; or 
(c) 
Permit anyone, other than the duly authorized officials and employees 
of the Commission, to examine individual applications; 
Sec. 
162. Disposition of the Fees Collected. - 
The 
Commission. shall 
retain 50% of the payments received under these legalization proceedings and shall 
deposit the same in a special account in any government depositary bank, same to 
be made available, without any fiscal year limitation, to cover administrative and all 
other expenditures which may be incurred in connection with the implementation of 
this legalization program and also for the general enforcement of this Act. 
Chapter 2. - Alien Registration 


81 
SEC. 163. 
Requirement of Registration. - 
Temporary visitors in the 
Philippines must register at the Commission on Immigration, or at the office of the 
alien control officer or i f  there be none at the office of the city or municipal 
treasurer nearest their place of residence, after fifty-nine (59) days from their 
arrival in the Philippines. 
Alien born in the Philippines must be registered within thirty (30) days from 
date of birth by their parent or legal guardian. 
Sec. 164. 
Registration, Form and Oath. - Applications for registration 
shall be under oath and in such form as prescribed by the Commission. Upon 
registration, an Alien Certificate of Registration in such form and containing such 
particulars as prescribed by the Commission shall be issued to the registrant. In the 
case of loss or destruction of such certificate a duplicate thereof upon application 
shall be issued by the Commission. 
Sec. 165. 
Notice for Change in Address. - 
The alien shall notify the 
Commission in writing of any change of residence and his new address not later than 
seven (7) days after such change. 
Sec. 166. 
Presentment of Alien Certifjcate of Regjstration. - Every alien 
required to register under this Act or the parent or guardian of such alien shall, upon 
demand of any immigration official, or any peace officer authorized by the 
Commission, exhibit his Alien Certificate of Registration or a copy thereof. Failure to 
do so without justifiable cause shall subject such alien to an administrative fine. 
Sec. 167. 
Reportorial Requirement. - Every alien registered under this 
Act shall, within the first sixty (60) days of every calendar year, report in person to 
the Commission. An annual report fee as prescribed by the Commission shall be paid 
by the alien. 
Sec. 168. 
Compliance by Minors of Registration Requirement. - The 
parent or legal guardian of aliens below fourteen (14) years of age shall have the 
duty of complying with registration, notice and reporting requirements prescribed in 
this Act. 
Sec. 169. 
Failure to Comply with Registration Requirement. - An alien 
or the parent or legal guardian of an alien who fails without justifiable cause to 
comply with the registration, notice and reporting requirements, provided in this 


82 
Act, or who files an application for registration containing statement known by him 
to be false, or who utilizes a registration certificate other than his own, shall be 
subject to the appropriate administrative fine as prescribed in the implementing 
rules and regulations of the Commission. 
Sec. 170. 
Surrender of Alien Certificate of Registration. - In the case of 
the death of an alien registered under the provisions of this Act, his legal heirs, 
representative or administrator must surrender the Alien Certificate of Registration 
of said deceased alien to the Commission within sixty (60) days from date of death. 
The Local Civil Registrar or other civil registry officer of the locality were said alien 
died shall also furnish the Commission with a copy of the certificate of death of said 
alien within thirty (30) days from issuance thereof. Failure on the part of the persons 
concerned to comply with the requirements of this section shall subject the offender 
to the appropriate fine or sanction as prescribed in the implementing rules and 
regulations of the Commission. 
Chapter 3. - Head Tax 
Sec. 171.' 
Head Tax; Amount Thereof, and By Whom Payable. - A tax of 
five hundred (P500.00) pesos shall be collected from every foreign national who i s  
fourteen (14) years of age or over admitted into the Philippines for a temporary 
stay exceeding sixty (60) days, or from every foreign national whose stay in the 
Philippines has exceeded sixty (60) days, which 
tax shall 
be 
paid to the 
Commission. 
Chapter 4. - Bonds and Deposits 
Sec. 172. 
Bonds, When Exacted. - The Commission shall have the power 
to exact cash bond in such amounts and under such conditions as it may prescribe: 
To control and regulate the admission into, and departure from, 
the Philippines of aliens applying for temporary admission; 
To insure against alien passengers liable to be excluded as likely 
to become public charges, from becoming public charges; and 
- 
To insure the appearance of aliens released from custody during 
the course of deportation proceedings instituted against them, 


83 
as determined by the respective Boards of Special Inquiry 
hearing the deportation cases. 
Requirement of Cash Deposits for Overtime Services. - The 
Commission shall likewise have the power to require cash deposits in such amounts 
as may be necessary from shipping and airline companies or other persons served to 
cover payments for overtime services to be performed by officers and employees of 
the Commission. 
Sec. 173. 
Sec. 174. 
Cancellation and Forfeiture of Bonds. - When the conditions of 
the bond are fulfilled, or in the case of a bond posted to insure against an alien 
becoming a public charge when the Commission shall decide that the likelihood no 
longer exists, or in the event of the naturalization as a Philippine citizen or death of 
the alien in whose behalf the bond is posted, the bond shall be cancelled and 
refunded to the depositor or his legal representative. In case of violation of the 
conditions of the bond, the same shall be forfeited and deposited in a trust fund 
account, which may be utilized for the purchase of tickets of indigent deportees and 
to cover the costs of operations in the arrest of the deportee who jumps bail. 
Chapter 5. - Recognizance 
Sec. 175. 
Petitions for Recognizance Sanction for Breach of Conditions. - 
The Commissioner may order the release of an alien upon recognizance of his lawyer 
or a person who is of good standing in the community, under such terms and 
conditions as he may prescribe. Any lawyer, individual or a juridical person who 
fails to comply with any term or condition of the recognizance entered into by him 
shall be subject to a fine of not more than one hundred thousand pesos 
(PlO0,OOO.OO) 
but not less than 
ten thousand (PlO,OOO.OO) 
pesos, 
without 
prejudice to administrative sanction and or disbarment proceedings, if appropriate 
and warranted, in the case of a lawyer. 
If non-compliance under this section i s  
committed by a foreign diplomatic or consular officer, he shall be reported to the 
ambassador of his country and to the Secretary of Foreign Affairs. If committed by a 
travel agency, it shall be barred from transacting business with the Commission or to 
enter i t s  premises. In all cases, the erring individual or agency shall be fined an 
amount of not more than one hundred thousand pesos (PlOO,OOO.OO) 
but not less 
than ten thousand pesos (Pl0,OOO.OO). 


84 
Chapter 6 -Human Trafficking and Alien Smuggling 
Sec. 176. 
Human Trafficking and Alien Smuggling, Defined. - As used 
herein, 
"Human Trafficking" shall refer to the illicit and profit-motivated 
transportation of persons, especially women and children across international 
borders, with or without their consent or knowledge, by small crime rings or 
international criminal syndicates, for purposes of sexual exploitation or clandestine 
labor under inhumane, abusive, and slave-like conditions. Alien Smuggling shall refer 
to any of the following acts: 
(a) 
The recruitment, transfers, development or travel of any alien with or 
without the alien's consent or knowledge, or other illegal means for landing or entry 
into the Philippines without valid passport visa or travel documents. 
(b) 
The recruitment, transfers, deployment or travel of any alien with or 
without the alien's consent or knowledge, or other illegal means for landing or entry 
into the Philippines with valid passport, visa or travel documents but without proper 
inspection, admission and clearance by immigration officials. 
(c) 
The entry of an alien into the Philippines not duly admitted by an 
immigration official or not lawfully entitled to enter or reside within the Philippines 
under the terms of the immigration laws. 
(d) 
Being an alien shall for any fraudulent purpose obtains entry into the 
Philippines by willful, false or misleading representation or willful concealment of a 
material fact, including the use of falsified visa, passports or travel documents. 
Alien smugsling may be committed by the alien himself, any person, group of 
persons, corporation, associations, clubs or other entity aiding, harboring; 
concealing, employing or giving comfort to the alien mentioned herein. 
Sec. 
177. 
Arrest of Those Involved in Alien Smuggling and Human 
Trafficking. - immigration officers and agents and police officers, agents of the 
National Bureau of Investigation and other agents of law enforcement units duly 
deputized may arrest an alien and any person, group of persons, officers or 
corporations, associations, clubs or other entity aiding, harboring, concealing, 


85 
employing or giving comfort to the alien mentioned herein on violations of the 
preceding section. 
The arresting officer shall within twenty-four (24) hours after 
the arrest have been made, turn over the arrested alien to the Law and Investigation 
Department for investigation to be conducted by the legal officer. 
Sec. 178. 
Complaints for Acts of Alien Smuggling and Human Trafficking. 
- Complaints for Acts of Alien Smuggling and Human Trafficking shall be evaluated 
by a legal officer of the Law and Investigation Division. Should there exist a prima 
facie case of alien smuggling, the Immigration Prosecutor shall file with the Board of 
Special Inquiry the Deportation Charge against the alien concerned for deportation 
proceedings. 
The Law and investigation Department shall likewise prepare a complaint 
affidavit for filing with the office of the prosecutor for possible filing of criminal 
charges before the courts a2ainst the alien and those other persons who aided, 
harbored, concealed, employed, or gave comfort to the alien. 
The final deportation order shall be stayed while the criminal case is pending. 
Chapter 7. - Liaison With internal Security Officers 
SEC. 179. 
Liaison With Internal Security Officers. - The Commissioner 
shall have authority to maintain direct and continuous liaison with the Director of 
the National Bureau of investigation and the National intelligence Coordinating 
Agency and with other internal security officers of the government for the purpose 
of obtaining and exchanging information for use in enforcing the provisions of this 
Act in the interest of the national security of the Philippines. The Commissioner and 
the head of the Office of Consular Affairs of the Department of Foreign Affairs shall 
likewise maintain direct and continuous liaison with each other with a view to a 
coordinated, uniform, and efficient administration of this Act and all other 
immigration and citizenship laws. 
Chapter 8. - Designation Of Ex Officio Special Agents 
SEC. 180. 
Designation of Personnel as Ex-Officio Special Agents. - The 
Commissioner is authorized to designate any regular employee of a municipality as 
ex officio special agent of the Commission for the enforcement of this Act, without 
additional compensation, and to confer or impose upon the employee so designated 


86 
any of the powers, duties, and functions conferred or imposed by this Act or the 
regulations issued thereunder upon employees of the Commission as the 
Commissioner shall, with the approval of the Secretary I prescribe and define by 
appropriate rules and regulations: Provided, however, That any such designation 
shall be limited only to remote municipalities situated on the coastline of the 
Philippines where the employee desicjnated is permanently residing: Provided, 
further, 
That any such designation may be revoked at any time by the 
Commissioner. 
SEC. 181. 
Supervision Over Ex-Officio Special AQents. - Ex officio special 
agents shall be under the general supervision of the Regional Immigration 
Supervisors under whose jurisdiction the municipality i s  located, and shall perform 
such duties and functions as indicated in their designation. Pending issuance of the 
rules and regulations governing enforcement of the preceding section, city and 
municipal treasurers designated ex officio 
special agents of the Bureau of 
Immigration under Republic Act No.750 shall continue to perform their duties and 
functions as provided for in the rules and regulations governing the enforcement of 
aforesaid Act, except their functions to act on applications of aliens for registration 
and to receive the required fees therefor and collection of the annual report fee 
paid by aliens as provided for in the same Act as fore cited. 
Chapter 9. - Fees and Charges 
SEC. 182. 
Authority of the Commissioner to Collect Fees and Charges. - 
The Commissioner i s  authorized under the provisions of this Act, to prescribe and 
collect fees and charges for services, which shall take effect fifteen (15) days after 
the last publication thereof for two (2) consecutive weeks in a national newspaper of 
general circulation. 
Chapter 10. - Administrative Fines Against Vessels or Aircraft 
Sec. 183. 
Fine for failure to submit crew list, passenger manifest or 
failure to account every passenger and crew. - Any vessel arriving at a port in the 
Philippines from a place outside thereof who fails to submit to the immigration 
authorities the crew list and/or passenger manifest as provided in Sections 48 and 
97 hereof, or fails to produce satisfactorily or account for every crewmember or 
passenger, whose name appears in said list, the pilot, master, agent, owner or 


87 
consignee of the vessel or aircraft shall be subject to a fine of One hundred 
thousand pesos (PlO0,OOO.OO) for failure to submit a complete, true and accurate 
report and a fine of fifty thousand pesos (P50,OOO) for each unaccounted person. 
Sec. 184. 
Fine for violation of obligation on the landing or removal of 
aliens. - Any vessel arriving at a port of the Philippines from a place outside thereof 
and violates any of the provisions in Sections 86 and 119 hereof shall pay to the 
Commission a fine of not less than fifty thousand pesos (P50,OOO.OO) but not more 
than two hundred thousand pesos (P 200,000.00) for each violation as may be 
determined by the Commissioner. 
I 
Sec. 185. 
Fine imposed for bringing undocumented alien or aliens 
afflicted with a disease or a physical or mental disorder, which are loathsome, 
Communicable or incurable. - If any vessel arriving at a port in the Philippines from 
a place outside thereof bring on board an alien bound for the Philippines who i s  not 
properly documented as required by this Act, the pilot, master, agent, owner or 
consignee of the vessel or aircraft shall be subject to a fine of one hundred thousand 
pesos (P100,OOO.OO) in the case of each such person brought. 
If the alien is 
afflicted with a disease or a physical or mental disorder which are loathsome, 
communicable or incurable, the fine to be imposed shall be not less than two 
hundred thousand pesos (P200,OOO.OO) but not more than three hundred thousand 
pesos (P 300,000.00) in the case of each such person brought as may be determined 
by the Commissioner, 
Sec. 186. 
Fine imposed for bringing an alien signed on the ship’s article to 
assist his illegal entry or falsely represents an alien as a member of the crew. - If 
any vessel arriving at a port in the Philippines from a place outside thereof bring on 
board an alien bound for the Philippines with an intention to permit or assist said 
alien in violation of the provisions of this Act or falsely represents to the consular 
officer at the time of application of visa or to the immigration officer at the port 
of arrival in the Philippines to be a bona fide member of the crew, 
the pilot, 
master, agent, owner or consignee of the vessel or aircraft shall be subject to a fine 
of not less than one hundred thousand pesos (P 100,000.00) but not more than two 
hundred thousand pesos (P 200,000.00) in the case of each such person brought as 
may be determined by the Commissioner. 
Sec. 187. , 
Fine for violation of provisions of the act. - Any vessel arriving 
at a port of the Philippines from a place outside thereof and violates any of the 


*
.
 
88 
provisions of this Act not specifically discussed in this Chapter 
shall pay to the 
Commission a reasonable fine as may be determined by the Commissioner which 
shall in no case be less than fifty thousand pesos (P50,OOO.OO) but not more than 
two hundred thousand pesos (P 200,000.00) 
for each violation. 
Chapter 11. - Other Penal Provisions 
SEC. 188. 
Acts Penalized, against whom and penalty imposed, - A fine of 
not less than One hundred pesos (PlOO,OOO.OO) but not more than One million pesos 
(P1,000,000.00), 
provided no other cases are filed against the alien in the regular 
courts of law, shall be imposed on any person determined to have committed the 
following: 
(a) 
Impersonates another individual, or falsely appears in the name of a 
deceased individual, or evades the immigration laws by using an assumed or 
fictitious name when applying for an immigration document; 
(b) 
Issues or otherwise disposes of an immigration document or an 
immigration accountable form, to any person not authorized by law to receive such 
documents; 
(c) 
Obtains, manufactures, prints, accepts or uses any immigration 
document knowing it to be false or uses immigration accountable form that i s  not 
legally issued; 
(d) 
Enters the Philippines without inspection and admission by the 
immigration authorities, 
or obtains entry into the Philippines by fraud, 
misrepresentation, or concealment of material facts; 
(e) 
Represents himself to be a Philippine citizen; 
(f) 
Knowingly makes under oath may false statement regarding any 
immigration matter; or 
(g) 
Brings into, or lands in the Philippines, or conceals, harbors, employs, 
or gives comfort to any alien not duly admitted by any immigration officer or not 
lawfully entitled to enter into or resides within the Philippines, or attempts, 
conspires with, or aids another to commit any such acts; 


89 
Where the offender of any acts specified in paragraph (8) hereof is a 
corporation, company, partnership or other juridical entity, the president, general 
manager, managing partner, or chief executive officer thereof shall be held liable. 
Dismissal by the employer before or after apprehension shall not relieve the 
employer of the offense. 
If the offender who commits any of the acts specified under paragraph (g) 
hereof of this section i s  the pilot, master, agent, owner, consignee, or other person 
in charge of the vessel which brought the alien into the Philippines from any place 
outside thereof, the fine imposed under the first paragraph hereof shall constitute a 
lien against the vessel which may be enforced in the same manner as fines are 
collected and enforced under existing laws. Such vessel shall not be allowed to 
depart without prior clearance issued by the Commission. Where forfeiture i s  
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. 
SEC. 189. 
Penalty for Non-compliance of a Subpoena. - A fine of not more 
than One thousand pesos (P1,OOO.OO) or imprisonment for not more than fifteen (15) 
days shall be imposed upon conviction on any person who having been duly served 
with a subpoena or subpoena duces tecum fails to comply with the requirements 
thereof without valid and justifiable cause and then who fails to observe the 
provisions of this Act. 
Sec. 190. 
Penalty for Overstaying Crewmen. - Any alien crewman who 
willfulty remains in the Philippines beyond the period allowed him for temporary 
landing shall be guilty of an offense, and upon conviction thereof shall be fined of 
not less that fifty-thousand pesos (P50,OOO.OO) but not more than one hundred 
thousand pesos (P 100,000.00) or imprisonment of six (6)months or both at the 
discretion of the Board, and shall be summarily deported after his release from 
confinement. 
Sec. 191. PenaIties on Fraudulent Applications. - Any foreign national 
who makes any fraudulent application on materially false and misleading statements 
therein, regardless of whether or not the application is granted, shall, upon 
conviction, be punished with imprisonment of not less than one year but not more 
than five (5) years or a fine of not less than fifty thousand pesos (P50,OOO.OO) 
but 
not more than one hundred thousand pesos (P100,000.00), or both at the discretion 
at the court, and summarily deported after serving the entire period of his 


90 
imprisonment. This shall be without prejudice to prosecution for any other acts 
committed in connection with his application, which are punishable under existing 
laws. In cases where the application has already been approved, the conviction by 
final judgment of any offense punishable under this Act or other laws arising from 
acts committed in connection with his application shall automatically revoke the 
legalization of the residence and status in the Philippines of the applicant, including 
his wife and unmarried children, if any. 
Sec. 192. 
Penalty for Tampering and or Alteration of Naturalization 
Certificate. - Any individual who shall fraudulently make, falsify, forge, change, 
alter or cause or aid any person to do the same; or who shall purposely aid and assist 
in falsely making, falsifying, changing, or altering a naturalization certificate for the 
purpose of making use thereof, or in order that the same be used by another person 
or persons; and any person, who shall purposely aid or assist another in obtaining a 
naturalization certificate in violation of the provisions of this Act shall be punished 
by a fine of not less than fifty thousand pesos (P 50,000.00) but not more than two 
hundred thousand pesos (P200,OOO.OO) or by imprisonment of not less than five (5) 
years or both, and in the case that the person convicted is a naturalized citizen, his 
certificate of naturalization and the registration of the same in the proper civil 
registry shall be ordered cancelled 
Sec. 193. 
Penalty for Human Trafficking and Alien Smuggling. - Any 
person found guilty of committing any of acts enumerated in Section 176 shall suffer 
the penalty of prison mayor and a fine of one million pesos (PI, 000,000.00) but not 
more than two million pesos (P2,000,000.00) 
for each alien smuggled into the 
Philippines: Provided, that if the offender i s  a foreigner, he sha[l be immediately 
deported, Provided that there are no other case filed and/or pending against the 
alien in the regular courts of law after service of his sentence and be barred 
permanently from entering the country again except if the offender i s  married to a 
Filipino citizen, he shall be barred from entering the country for a period of five (5) 
years. If the offender i s  an agency, corporation, association, club or establishment, 
or any place of entertainment committing any of the acts enumerated in Section 
176, the owner, president, head, manager, or any responsible official shall suffer 
the penalty herein provided. The registration with the Securities and Exchange 
Commission (SEC) and license to operate of the agency, corporation, association, 
tour or travel agent, club or establishment, or any place of entertainment shall be 
cancelled and revoked permanently. The owner, president, or head manager thereof 
shall not be allowed to operate similar establishments in a different name. 


91 
Sec. 194. 
Penalty for Terrorists. - Any alien found engaging in, 
supportive of any terrorist activity and/or abetting a terrorist shall be meted 
a penalty of not less than five (5) years imprisonment and a fine of One 
Million Pesos (Pl,OOO,OOO.OO) 
but not more than two (2) million, Provided 
that 
immediately after the 
service 
of 
sentence, 
said 
alien 
shall 
be 
immediately deported and perpetually barred from entering the Philippines. 
Sec. 195. 
Penalty for Exploitation of Natural Resources andlor violation 
of Environmental Protection laws. - Any alien caught disturbing/exploiting or 
attempting to disturb/exploit our natural resources without the appropriate 
permit or violating any of our environmental protection laws, 
rules and 
regulations shall without prejudice to the filing of appropriate charges or 
institution of deportation proceedings be made to pay and administrative fine 
of one-hundred thousand (PlO0,OOO.OO) 
pesos, 
plus cost of the property 
damaged as may be determined by the Department of Environment and 
Natural Resources (DENR). 
Sec. 196. 
Penalty for violation of other provisions of the act. - Any other 
violations of this Act, which penalties are not specifically provided for, as well as 
the 
rules or regulations of the Commission which may hereafter be promulgated 
shall be subject to a reasonable penalty as may be determined by the Commissioner 
shall be penalized vessel arriving at a port of the Philippines from a place outside 
thereof and violates any of the provisions of this Act not specifically discussed in this 
Chapter 
shall pay to the Commission a reasonable fine as may be determined by 
the Commissioner 
which 
shall in no case be less than fifty thousand pesos 
(P50,OOO.OO) 
but not more than two hundred thousand pesos (P 200,000.00) 
for 
each violation. 
Chapter 12. - Funding 
SEC. 197. 
Funding. - In additional to i t s  annual budget under the General 
Appropriations Act, the Commission on Immigration i s  authorized to use twenty 
percent (20%) of i t s  income derived from collection of immigration fees, to be used 
for i t s  computerization project and to augment i t s  funds for maintenance and other 
operating expenses, information gathering and storage and for communication and 
transport facilities in the enforcement of its functions. 


92 
Chapter 13. - Transitory Provisions 
Sec. 198. 
lnterim Period. - The 
incumbent 
Commissioner and the 
two 
associate , commissioners 
and 
the 
present 
immigration 
manpower 
compliment shail continue to exercise the powers and discharge the duties 
and responsibilities of their position and carry out the provisions of this Act 
for a period of one year from the date of i t s  enactment into law and until 
such time that the members of the Commission are duly appointed by the 
President, and the new organizational, functional and manpower chart have 
been finalized. 
SEC. 199. 
Staffing Pattern and Salary Scale. - 
To 
carry 
out 
the 
provisions of this Act, the Commissioner shall submit a new staffing pattern and 
salary scale for personnel services to the Secretary of the Department of Budget and 
Management for approval, which shall be in accordance with the Salary 
Standardization Law and other applicable laws under the National Compensation and 
Classification Plan. 
SEC. 200. 
Organization of the Commission. - Upon approval of this Act, 
all employees of Bureau of Immigration covered by the civil service law and 
regulations shall continue to hold their present positions pending the organization of 
the Commission in accordance with the new staffing pattern: Provided however, 
That in the event that the positions are abolished in accordance with the 
reorganization, the affected employees shall be given first priority in the 
appointment or promotion to the newly created positions to which they may qualify; 
Provided further that no incumbent qualified employee of the Bureau of Immigration 
shall be unjustly separated from service; 
Provided finally that any qualified 
employee who cannot be absorbed by the Commission shall be entitled to a 
separation pay of two months (2) pay for every year of service and other benefits 
under existing retirement laws, at the option of the personnel concerned. Provided 
further that employees who have been dismissed for cause will no longer qualify for 
any position in the Commission. 
Sec. 201. 
Inventory and Transfer of Properties to the commission. - All 
records, equipment, buildings, facilities, and other properties of the Bureau of 
Immigration reorganized under this Act shall be properly inventoried and transferred 
to the Commission established in this Act. 


93 
Sec. 202. 
Forms. - Naturalization certificate and other blank forms 
required for carrying out of the provisions under this Act shall be printed on security 
paper with identifying watermarks and other security features. 
Sec. 203. 
Policies, RuIes and Regulations. - The Commissioner shall 
promulgate the necessary rules and regulations for the proper implementation and 
enforcement of the provisions of this act, which rules and regulations shall take 
effect fifteen (1 5) days after i t s  publication in a newspaper of general circulation. 
Chapter 14- Repealing Clauses 
Sec. 204. 
This Act is in substitution of and supersedes Commonwealth Act 
No.613, otherwise known as the Philippine Immigration Act of 1940, as amended: 
Provided, That nothing contained in this Act, except Sections 76 and 78 hereof, shall 
be construed to affect any prosecution, suit, action, or proceeding brought, or any 
act, thing, or matter, civil or criminal, done or existing at the time of the effectivity 
of this Act; but as to all such prosecutions, suits, actions, proceedings, act, things, 
or matters, the provisions of aforementioned Commonwealth Act No.613, as 
amended, are continued in force and effect: Provided, further, That as to such 
prosecutions, suits, actions, or proceedings, or as to such acts, things, or matters, 
the procedure provided for by this Act or by regulations prescribed thereunder shall 
be followed insofar as the same may be applicable: Provided, finally, That nothing 
in this Act shall be construed as to abrogate any treaty or agreement entered into 
between the Philippines and any foreign state before the effectivity of this Act. 
Sec. 205. 
Section 70 of Act No. 279, otherwise known as the Revised 
Administrative Code; Commonwealth Act No.63, as amended, Commonwealth Act 
No.625; Republic Act Nos. 750, 965, and 2630; Presidential Decree No.725; Letter of 
Instruction No.270, as amended; Letter of Implementation No.20; and all other laws, 
decrees, executive proclamations, instructions, rules and regulations, or parts 
thereof, inconsistent with this Act or any of the provisions thereof are hereby 
repealed, superseded, or modified accordingly. 
Chapter 14- Separability Clause 
SEC. 206. Sepurobi!ity Cluuse. - If any of the provisions of this Act is 
held invalid or unconstitutional, the other provisions thereof shall not be affected 
thereby. 


94 
Chapter 15 - Effectivity Clause 
SEC. 207. 
Effectivity Clause. - 
This Act shall take effect after i t s  
complete publication in at least two (2) newspapers of general circulation. 
Approved,