Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH (17th) CONGRESS
Second Regular Session

House Bill No. 6257

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

Section 13, Article II of the Constitution, on the Declaration of
Principles and State Policies, provides: "The State recognizes the
vital role of the youth in nation-building and shall promote and
protect their physical, moral, spiritual, intellectual, and social well-
being. xxxxx”. Thus, from their infancy and in their formative
years and throughout their childhood, children should be provided
sufficient protection by the State from all forms of abuse,
exploitation, neglect and discrimination and any potential crime
that would endanger them should be prevented by the State. In
further complementing the protection of children, it is also stated
in Section 3, Article XV of the Constitution: “The State shall
defend: xxxxx (2) The right of children to assistance, including
Proper care and nutrition, and special protection from all forms of
neglect, abuse, cruelty, exploitation, and other conditions
prejudicial to their development;” xxxxx and “(4) The right of
families or family associations to participate in the planning and
implementation of policies and programs that affect them.”

This legislative measure is precisely intended for the
protection of children from all other conditions prejudicial to their
development, among which is the potential danger posed by foreign
sex predators in conflict with child oriented laws, and by indicted


or convicted sex offenders, who enter Philippine territorial
jurisdiction and reside within our local communities.

Pursuant to Sec. 29 of Commonwealth Act 613, there is an
enumeration of the classes of alien that are specifically excluded
from entry into the Philippines. Unfortunately, the excluded classes
of aliens does not accommodate the categories of aliens that are
specifically targeted under this proposed bill. Under the said law,
the mandate of allowing the ingress of aliens into the country is
jointly enforced by the Department of Foreign Affairs through the
issuance of entry visas and by the Bureau of Immigration through
the approval and allowance of entry documents, the power of which
is to deny the issuance of visas and the power to deny the entry of
the foreigner into the country.

Also, pursuant to Presidential Decree No. 830 dated
November 27, 1975 and Letter of Implementation No. 47 dated
August 18, 1976 in relation to Book IV, Title III, Chapter 10, Sec.
31 of the Administrative Code of 1987 (E.O. 292), the power and
authority to deport undesirable aliens is within the exclusive
jurisdiction of the Immigration Board of Commissioners presided
over by the Commissioner of Immigration. Furthermore, Book III,
Title I, Chapter 1, Section 1, of E.O. 292, the Commissioner of the
Bureau of Immigration possesses the administrative authority to
deport undesirable aliens who are in violation of immigration laws,
rules and regulations is concerned. It becomes peremptory,
therefore, to establish new administrative procedures that will
enable the Commissioner of Immigration to promptly address the
issue of undesirable aliens who, because of their well established
nefarious activities in the Philippines, pose a clear and present
danger to public safety, public health, and national interests in
accordance with the proposed bill.

Our present system does not treat the prohibition of ingress
of, and travel by, foreign citizens within our country as a priority
concern over the protection of our own citizens and children.
Thus, there is a moral and legal necessity to prevent any further
humiliation to the foreign national who has derogatory criminal,
civil and administrative record on any sexual misconduct involving


minors, as well as the equally moral and legal necessity to protect
minors under the jurisdiction of the Philippines. Such should
warrant legal grounds to prevent the issuance of Passport visa
documents and his entry altogether or even when issued passport
visa documents, to prevent the ingress of such foreign citizen into
the country.

Hence, the immediate passage of this bill is earnestly sought.

a TY
ERIC L. OLIVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH (17h) CONGRESS
Second Regular Session

House Bill No. 6257

Pe. eee

Introduced by REPRESENTATIVE ERIC L, OLIVAREZ

AN ACT PROTECTING CHILDREN FROM CHILD SEXUAL
EXPLOITATION AND ABUSE, CHILD TRAFFICKING, CHILD
PORNOGRAPHY, AND VIOLENT CRIME ON CHILDREN BY
PROHIBITING THE INGRESS OF FOREIGN SEX OFFENDERS
AND ALIENS IN CONFLICT WITH CHILD PROTECTION LAWS;
PROVIDING PENALTIES FOR NON-COMPLIANCE THEREWITH;
AND APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES.

ART. I - TITLE, STATEMENT OF POLICY, AND DEFINITION OF
TERMS

Section 1. Title. - This Act shall be known as the Ingress
Prohibition of Alien Sex Offenders of Children Act (IPASOCA).

Section 2. Statement of Policy. - It is hereby declared the policy
and obligation of the State to ensure that sex-related and specified
offenses against minors with a sexual complexion are eliminated
through effective legislations and policies on the prohibition of
ingress into the country of alien nationals with pending
investigations, cases, indictments, or convictions regarding such
offenses to prevent future sex-related crimes against minors. The


paramount consideration, in all such cases, is the best interests of
the children concerned.

Section 3. Objectives. - The purposes and objectives of this Act are:

a) To better serve and safeguard public interest, more
particularly the interests of children, by prohibiting the issuance of
passport visa documents and /or the ingress of child-sex offenders,
whether undergoing law enforcement or prosecutorial investigation
or judicial trial;

b) To engage the consulates, embassies or foreign affairs
divisions of other States in  inter-State and inter-agency
cooperation and coordination in utilizing their respective national
database and providing relevant information and data therein
towards the prohibition of such child-sex offenders from ingress
into the Philippines and vice versa;

c) To establish new operational rules and guidelines for the
Consular Offices of the Department of Foreign Affairs and the
Bureau of Immigration in the interest of Public Safety, Public
Health and/or National Interests; and

d) To encourage the protection of children and society by
instituting gatekeeping mechanisms at the Department of Foreign
Affairs and the Bureau of Immigration in checking the background
and derogatory criminal records through shared relevant
information and data on child-sex offenders and preventing their
ingress.

Section 4. Definition of Terms. - As used in this Act, the terms:

a) The term ‘Philippines means all the territory and waters
which are subject to the jurisdiction of the Government of the
Philippines, including places wherein the Philippines exercises
extra-territorial jurisdiction;


b) The term “Child” or “Minor” means an individual who has
not attained the age of eighteen (18) years;

c) The term "alien" means any person not a citizen of the
Philippines;

d) The term “Sex offense’? means a criminal, civil, or
administrative offense that has an element involving a sexual act,
sexual contact, sexually related or sexually-oriented act with a
minor, for which an alien is being investigated or has been
convicted, and which may have an equivalent offense under the
Revised Penal Code or under special laws of the Philippines;

e) The term “sex offender” (“SO”) means any alien, who has
been convicted under any national, state or domestic law, whether
in his country or otherwise, of any crime involving any sex-related
offense or any specified offense of a sexual nature or complexion
involving children;

f) The term “alien in conflict with child protection laws”
(‘AICPL”) means any alien, who has a pending case, whether
administrative, civil, or criminal in complexion, before any police,
prosecutorial, quasi-judicial or judicial authorities, involving any
sex-related offense or any specified offense of a sexual nature or
complexion involving children;

g) The term "immigrant" means any alien departing from any
place outside the Philippines destined for the Philippines, other
than a non-immigrant;

h) The term "immigration laws" shall refer to the Immigration
Act and any other law hereafter enacted relating to the entry of
aliens into the Philippines, and their exclusion, deportation, and
repatriation therefrom;

i) The words "the President" refers to the President of the
Philippines.


ART II. COVERAGE OF ALIENS EXCLUDED FROM INGRESS

Section 5. EXCLUDED ALIENS. - The following foreign nationals or
aliens may be excluded from any form of travel, visit, entry or
passage through the Philippines or any area within which the
Philippines exercises jurisdiction:

a) Any alien who has committed, or Participated in the
commission of, any violation of national, state or domestic law,
whether in his/her state of citizenship or in any state or territorial
jurisdiction outside the Philippines, related to any sex offense, sex-
related offense, or any specified offense presumably of a sexual
nature or complexion involving children;

b) Any alien who has committed any offense by reason of
his/her omission of an obligation to protect or rescue a minor in
violation of any national, state or domestic law, related to any sex
offense, sex-related offense, or any specified offense presumably of
a sexual nature or complexion involving children, whether in his
state of citizenship or any state or territorial jurisdiction outside
the Philippines;

c) Any alien, who is in conflict with the law, whether it is in the
law of the state of his citizenship or in any other state or territorial
jurisdiction outside the Philippines, if he has a pending case,
whether administrative, civil, or criminal in complexion, before any
police, prosecutorial, quasi-judicial or judicial authorities, related
to any sex offense, sex-related offense or any specified offense of a
sexual nature or complexion involving children;

d) Any alien, who is in conflict with the law, more particularly
for violations of law or for acts in other states or territorial
jurisdictions, which would constitute criminal offenses in the
Philippines if it had been committed in the Philippines, e.g. for
violations of any law outside the Philippines which may constitute
violations of The Child and Youth Welfare Code (PD 603 as
amended by EO 91); the Code of Muslim Personal Laws (PD 1083);
the Family Code; the Special Protection for Children Against Child


Abuse, Exploitation and Discrimination Act (RA 7610); the law on
the prohibition of Child Labor (RA 7658); the Death Penalty Act (RA
7659 as amended); the Inter-Country Adoption Act of 1995 (RA
8043); the Domestic Adoption Act of 1998 (RA 8552); the Anti-
Rape Law of 1997 (RA 8353); the law on the prohibition of
Hazardous Child Labor (RA 9231); the Anti-Violence Against
Women and their Children Act (RA 9262); the Anti-Trafficking in
Persons Act (RA 9208 as amended by RA 10364); the Anti-Child
Pornography Act (RA 9775); The Anti-Photo and Video Voyeurism
Act (RA 9995); for violations of related provisions of the Revised
Penal Code; for violations of related international criminal laws;
and for violations of such other related and/or subsequent laws
which cover criminal acts involving sex offenses, sex-related
offenses, and specified offenses against minors.

e) Any alien whose name is included in the Sex Offenders
Registry, Watchlist or Lookout Bulletin for any sex offense, or any
such similar data base, of any country outside the Philippines.

Section 6. Alien Minors Accused of Sex Offenses. - All alien
minors, 15 years old and above, being investigated for, indicted, or
convicted for sex offenses under this Act shall not be exempt from
coverage hereunder.

Section 7. Diplomats are not exempt from provisions herein. —
No diplomat, ambassador, consular officer, or official representing
the country or State or the United Nations or any of their offices,
branches, or organizational structures to which he/she belongs
shall be exempt from coverage hereunder.

Section 8. Consensual Sexual Conduct. - An offense involving
consensual sexual conduct is not a sex offense for the purposes of
this Act if the victim was an adult; unless the victim was a child at
the time of the commission of the offense.

ART. III. - POWERS AND FUNCTIONS OF GOVERNMENT
OFFICES:


Section 9. General Functions of Related Government Offices. -
The Department of Foreign Affairs or Bureau of Immigration,
whether through its Secretary or Commissioner, or through the
office, agency or committee they authorize, shall have the following
additional functions:

1) Promulgate rules and regulations, as well as Department
and/or Administrative Orders, Memorandum Circulars, and all
such inter-Department and intra-Department Instructions and
Orders, including occasional amendments thereof, as may be
necessary for the effective implementation of this Act;

2)  Promulgate within its rules and regulations, including
occasional amendments thereof, a detailed list, enumeration, and
registration of all sex offenders, and all aliens in conflict with the
law under this Act, and the counterpart sex offenses and specified
offenses against minors for which they are or have been held
accountable;

3) Promulgate an enumeration of various child-oriented
protective legislations of various countries in which their citizens or
permanent residents seek entry into the Philippines, which have
equivalent coverage under Philippine legislations, among which
should be specific provisions of the Revised Penal Code, special
laws, and subsequent laws thereto;

4) Monitor and oversee the strict implementation of this Act
within their agency or office jurisdiction;

5) Coordinate the programs, projects, rules and regulations,
including all possible Administrative or Department Orders and
circulars of the various member agencies to effectively address the
issues and problems attendant to the registration of sex offenders
and notification to those concerned;

6) Secure from any Department, bureau, office, agency or
instrumentality of the government or from NGOs and other civic


organizations such assistance as may be needed to effectively
implement this Act;

7) Formulate a shared governmental and inter-governmental
information system, including the Interpol, for the notification of
the concerned states and other jurisdictions regarding convicted
sex offenders and aliens in conflict with the law under this Act, and
their mandatory registration under immigration laws, as well as to
ensure that the proper immigration agencies and their
international counterparts conduct a continuing research and
study on the patterns and scheme of registration of, and dealing
with, sex offenders and aliens in conflict with the law, which shall
form the basis for policy formulation and program direction;

8) Formulate a “blacklist” registration for aliens under the
coverage of this Act, who have been excluded from being issued a
visa, or from ingress into the country;

9) Develop the mechanisms to ensure the timely, coordinated,
and effective response to the cases of registration of sex offenders,
notification and the failure thereof;

10) Recommend measures and undertake joint activities to
enhance cooperative efforts and mutual assistance among foreign
countries through bilateral and/or multilateral arrangements to
Promote the registration of sex offenders and their notification to
persons concerned;

11) Adopt measures and policies to protect the rights and needs
of children who are foreign nationals in the Philippines and foreign
NGOs caring for and protecting children;

12) Initiate training programs in identifying and providing the
necessary measures for intervention or assistance to victims or
NGOs protecting child victims of sex offenders; and

13) Exercise all the powers and perform such other functions
necessary to attain the purposes and objectives of this Act.


Section 10. No Familial Reintegration. — No alien sex offender or
alien in conflict with the law in accordance herewith, who is being
investigated, who has been indicted, or who has been convicted or
of any criminal, civil, or administrative offense in accordance with
the excluded aliens, whether in his State of citizenship, permanent
residence, or any other territorial jurisdiction, may demand ingress
into the Philippines by virtue of his being a parent, stepparent,
adoptive parent, foster parent of a Filipino child or being a common
law spouse of a Filipino child’s parent, cohabitant or sex partner of
the Filipino child’s parent. He shall be prohibited from ingress into
the Philippines.

A Regional Trial Court shall not issue any such order for family
reintegration or for custody of children for any sex offense or
specified offense against a minor that may have been committed by
the aforementioned aliens.

A) POWERS AND FUNCTIONS OF CONSULAR OFFICERS
B) FROM THE DEPARTMENT OF FOREIGN AFFAIRS:

Section 11. Visa Issuances Governed by Regulations. - The form
and manner of applying for an immigration visa by a non-citizen,
whether for temporary visits, multiple entries or permanent
residence, and the form and validity of such immigration visa shall
be established by regulations to be validly issued by the
Department of Foreign Affairs.

Section 12. Powers of a Consular Officer. - The examination of
aliens concerning their applications for visa and travel documents
to enter or reside in the Philippines shall be performed by Consular
Officers of the Department of Foreign Affairs.

Consular Officers are also empowered to administer oaths, to take
and consider evidence concerning the application of any alien to
enter or reside in the Philippines.


In view thereof, consular officers are authorized to exclude any
alien not properly documented, any “undesirable alien” under the
coverage of the Immigration Act, and/or aliens hereby specifically
excluded as required by this Act and to assist in the enforcement of
immigration laws and regulations prescribed thereunder.

Section 13. Power to require further documentation and
clearances. - Consular Officers may require clearance certificates
or any other necessary legal and/or judicial document before
issuing any valid travel documentation or visas to alien applicants
wishing to enter and/or reside in the Philippines, when informed or
apprised of any pending or terminated case, whether criminal, civil,
or administrative in nature, from the appropriate authorities of the
country of citizenship or residence or any other foreign territorial
jurisdiction, where the alien was indicted, convicted, or may have
been held accountable for any sexual act, or sex-related or sex-
oriented criminal, civil, or administrative offense committed against
children or minors.

Section 14. Power to deny passport visa and/or other travel
documents. - A consular officer may reject or deny the issuance of
a passport visa and/or other travel documents to an applicant who
fails to establish satisfactorily his status as an alien without any
conflict to any child-oriented protection legislation, or whose entry
into the Philippines would not be contrary to the public safety,
more particularly the safety of children under coverage of this Act.

Section 15. Power to deny passport visa and/or other travel
documents on reasonable belief. - No immigration visa shall be
issued to an immigrant alien if the consular officer knows from
statements in the application therefor, from the papers submitted
therewith, or otherwise has reason to believe that said alien is
inadmissible under immigration laws.

Section 16. Additional Authority to Issue Prohibition Orders
for Ingress of Suspected and Convicted Sex Offenders and
Aliens in Conflict with the Law. — The Consular Officer, upon a
well-founded and reasonable determination based on available and
verifiable civilian, immigration, or military intelligence reports, is


hereby authorized to order the prohibition of the ingress or entry of
any such alien sex offender or alien in conflict with child protection
laws into the Philippines or any place where the Department of
Foreign Affairs exercises its functions and jurisdiction so as to
guarantee the safety of children under the coverage of this Act.

Section 17. Authority to Cancel Visa. - An immigration visa, or a
passport visa, or a reentry Permit, obtained by fraud or willful
misrepresentation of fact concerning violations of law under this
Act shall be subject to cancellation by the issuing officer or by the
Board of Commissioners.

Section 18. Submission of Reports to the President. — The
Secretary of the Department of Foreign Affairs shall furnish the
Office of the President a quarterly report every year of excluded
aliens with their names, aliases, nationalities and the specific
grounds for their deportation under this Act. In compliance
therewith, the DFA Secretary may call upon, and require, the
Consular Officers for any such necessary reports and documents
therewith.

Section 19. Administrative Accountability of the Officials of
the Department of Foreign Affairs. — Officials from the
Department of Foreign Affairs and its consular officers, who
violates this Act by issuing a passport visa and/or any other travel
document that enables an excluded alien to enter Philippine
jurisdiction, shall be held administratively liable with the pertinent
penalty for Grave Misconduct under Civil Service Laws and/or
under the laws being enforced by the Office of the Ombudsman.

Any such official(s) shall also be held criminally liable for violation
herewith for a one to two year penalty of imprisonment, or a fine of
Five Hundred Thousand Pesos (P 500,000.00).

A) POWERS AND FUNCTIONS OF IMMIGRATION OFFICERS FROM
THE BUREAU OF IMMIGRATION:


Section 20. Powers of Immigration Officer. - The examination of
aliens concerning their right to enter or remain in the Philippines
shall be performed by Immigrant Inspectors.

Immigrant Inspectors are authorized to exclude any alien not
Properly documented or cleared as required by this Act, and to
enforce the immigration laws and regulations prescribed
thereunder.

Immigrant Inspectors are also empowered to administer oaths, to
take and consider evidence concerning the right of any alien to
enter or reside in the Philippines, and to go aboard and search for
aliens on any vessel or other conveyance in which they believe
aliens are being brought into the Philippines. Immigrant Inspectors
shall have the power to arrest, without warrant, any alien who in
their presence or view is entering or is still in the course of entering
the Philippines in violation of this Act, other child-related laws or
regulations prescribed thereunder.

Section 21. Authority to Issue Prohibition Orders for Ingress of
Suspected and Convicted Sex Offenders and Aliens in Conflict
with the Law. — The Bureau of Immigration, upon a well-founded
and reasonable determination by the Commissioner of Immigration
or any of his assigned assistants, deputies or officers, based on
available and verifiable civilian, immigration, or military
intelligence reports, is hereby authorized to prohibit the ingress or
entry of any such alien into the Philippines or any place where the
Bureau of Immigration exercises its functions and jurisdiction so
as to guarantee the safety of children under this Act.

Section 22. Prohibition of alien sex offenders and aliens in
conflict with the law. - Sex offenders with foreign conviction, or
other foreign nationals facing investigation and/or charges for a
sex offense or any specified offense against a minor, based on
information provided by a foreign embassy or a legally recognized
international entity or on authentic documents or official web
information, shall be prohibited from ingress by the BI and will be
issued an order to leave if already admitted into the country.


Section 23. Authority to Issue Summary Deportation Orders. -
The Bureau of Immigration, through its Commissioner and/or
Associate Commissioner(s), or in their absence, the Acting
Commissioner of Immigration, is hereby authorized to issue and
effect a Summary Deportation Order, if probable cause exists, if
any of the aliens enumerated under Section 5 hereof has been able
to obtain ingress into the Philippines or any of its areas of
territorial or extra-territorial jurisdiction, or is under a state of
arrest within any Philippine territorial or extra-territorial
jurisdiction. Said foreign national shall be ordered to leave
immediately and his visa and travel documents cancelled, with his
name included in the BI blacklist registry.

Section 24. No Motion for Reconsideration from Summary
Deportation Orders. - If so admitted into the country already, a
foreign national who has been issued a Summary Deportation
Order may not file a Motion for Reconsideration therefrom.

Section 25. Authority to Effect a Warrantless Arrest. — Under
the circumstances stated in the next preceding section, the Bureau
of Immigration, through its Chairman or _ Associate
Commissioner(s), or in their absence, the Acting Commissioner of
Immigration, is hereby authorized to effect a warrantless arrest of
any such aliens enumerated under Section 5 hereof if probable
cause exists, or if there is any legal or valid request from any State
with diplomatic relations with the Philippines for the arrest of such
alien or aliens in accordance with Section 5, Rule 113 of the Rules
of Court or if such alien is found in flagrante delicto violating
Philippine Immigration laws.

Section 26. Authority to Issue Mission Orders for Verification
and Investigation of Suspected Illegal Aliens. - In the cases of
aliens who have obtained admission or ingress into the country,
the Bureau of Immigration, through its Chairman or Associate
Commissioners, or in their absence, the Acting Commissioner of
Immigration, is hereby authorized, in the interest of national
security, public health, public safety and/or national interests, to
issue a mission order directing appropriate officers of the Bureau of
Immigration, whether organic or on detail, to conduct verification


and investigation operations against the alien or aliens concerned.

Section 27. Submission of Reports to the President. — The
Commissioner of the Bureau of Immigration shall furnish the Office
of the President an annual report of excluded and deported aliens
with their names, aliases, nationalities and the specific grounds for
their deportation, with a duplicate original copy of subject report(s)
furnished the Secretary of Justice.

Section 28. Administrative Accountability of Criminal Justice
Officials. - Officials from the Department of Justice, Bureau of
Immigration and its immigration officers who violate this Act by
allowing the ingress of an excluded alien shall be held
administratively liable with the pertinent penalty for Grave
Misconduct under Civil Service Laws and/or under the laws being
enforced by the Office of the Ombudsman.

Any such official shall also be held criminally liable with a penalty
of three (3) years of imprisonment, or a fine of Five Hundred
Thousand Pesos (P500,000.00) or both at the discretion of the
court.

Section 29. Administrative Accountability of Bureau of
Immigration Official. - The BI official(s), who allows the ingress
of such sex offender or any such person as stated in the preceding
provision despite prior notice of a foreign conviction or receipt of
information on the investigation and/or charges for a sex offense or
any specified offense against a minor, shall be held
administratively liable with the pertinent penalty for Grave
Misconduct under Civil Service Laws and/or under the laws being
enforced by the Office of the Ombudsman.

C) AUTHORITY OF THE DEPARTMENT OF FOREIGN AFFAIRS
AND/OR BUREAU OF IMMIGRATION FOR REQUIRED
DOCUMENTATION:


Section 30. Information Required from an Indictment as a Sex
Offender. - An alien accused or investigated for any of the
aforementioned offenses herein shall provide the following
information to the DFA or BI for registration purposes:

A) His legal name and any other names or aliases that he is using
or has used;

B) His Social Security Number or Unified Multi-Purpose ID
Common Reference Number, if applicable;

C) His passport identification and number;
D) His date of birth;

E) His current address, the address where he will reside, the
address(es) where he wishes to establish permanent residence(s) or
temporary domicile, in which he resides for more than twenty days
successive or segregated within a whole year;

F) The name and place of his current employment or where he will
be an employee, if applicable;

G) The name and address of the educational institution where he is
a student or will be a student, if applicable;

H) The Motor vehicle registration information and vehicle
description for all motor vehicles that the sex offender owns,
operates, or drives or will own, operate, or drive, if applicable; and

1) The date and place of his indictment for, and nature of, the sex
offense or specified offense against a minor.

Section 31. Other Required Registry Information. - The DFA
and/or BI shall ensure that the following information is also
included in their registry for subject alien herein:

A) The current photograph of the indicted person;


B) His/her physical description, including a description of any
tattoos, scars or other distinguishing features on his/her body that
would assist in future identification;

C) His/her photocopy of the valid driver's license or identification
card/s;

D) His/her photocopy of the latest valid passport;
E) His/her DNA sample, if available;

F) The nature of and date of commission of the alleged offense by
the indicted person, including the text of the provision of law

defining the criminal offense for which he/she is registered; and

G) His/her criminal history, including the date of all arrests and
convictions.

All information shall be updated by the DFA/BI upon receipt of
new valid information.

Section 32. Exempt Information. - The following information shall
be exempt from public disclosure:

1) The identity of any victim of a sex offense;
2) The Social Security Number or Unified Multi-Purpose ID
Common Reference Number of the suspected or convicted sex

offender;

3) Any reference to arrests of the suspected or indicted sex offender
that did not result in conviction;

(4) Any information about a conviction that did not arise from a sex
offense, except for offenses against minors;

(5) The name of an employer of the suspected or convicted sex
offender; and


(6) The name of an educational institution where the suspected or
convicted sex offender is a student.

Section 33. Blacklist Registry. - The Department of Foreign
Affairs and/or the Bureau of Immigration shall create their own
database or information registry of aliens who have been excluded
from the issuance of a visa and/or excluded from ingress into the
country due cases falling under the coverage of this Act. All the
information and documentation under this particular Article of the
Act herein shall be included in this Blacklist Registry.

ARTICLE IV. GENERAL PROVISIONS:

Section 34. Good Faith Conduct Immunity. - Any person who,
without malice or any ill-intent, furnishes any information or
document regarding any case falling under coverage hereof shall be
immune from liability for good faith conduct under this Act.

Section 35. Transitory Provision. - As soon as this Act takes
effect, the DFA Secretary and the Commissioner of the Bureau of
Immigration shall have the authority to apply the powers herein
granted for alien immigrants who have been allowed ingress into
the country prior to the enactment of this Act.

Section 36. Implementing Rules and Regulations. - The
Department of Foreign Affairs and the Department of Justice in
coordination with Bureau of Immigration shall issue the
implementing rules and regulations in the immediate enforcement
of this Act and may issue subsequent guidelines in the
interpretation and further implementation of this Act.

The Department of Foreign Affairs and the Bureau of Immigration
shall create a committee and may invite the officers of the various
Cabinet departments, and government offices and agencies,
including non-government organizations, for the drafting of
implementing rules and regulations (IRR). The IRR for the


implementation of this act shall be promulgated within sixty (60)
days from the effective passage of this law.

Section 37. Appropriations Clause. - The initial budget of Five
Million Pesos (P5,000,000.00) for the Department of Affairs and
another Five Million Pesos (P5,000,000.00) for the Bureau of
Immigration, for the enforcement of the IPASOCA and its
operational expenses, establishment of its “blacklist” registry and
database facilities, and such other necessary expenses thereto
immediately in the year of its enactment shall be drawn from the
National Treasury. Thereafter, the amount necessary to carry out
the provisions of this Act shall be included in the General
Appropriations Act of the year immediately following its enactment
into law and subsequent thereto.

Section 38. General Penal Clause. - A sex offender who fails to
comply with the registration requirements or provides false
information shall suffer the penalty of prisién correccional in its
maximum period.

An informant, who has not acted in good faith, and provides false
information shall suffer the penalty of arresto mayor in its
medium period.

Section 39. Separability Clause. - If any part or section of this Act
shall be declared unconstitutional, such declarations shall not
invalidate the other provisions hereof.

Section 40. Repealing Clause. - All laws, parts of laws, decrees,
presidential issuances, proclamations, orders, ordinances, and
administrative regulations in conflict with the provisions of this Act
are hereby amended, modified or repealed accordingly.

Section 41. Effectivity. - This Act shall take effect fifteen (15) days
after its complete publication in at least two (2) newspapers of
general circulation.

Approved: