A

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
1666

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN IIT

EXPLANATORY NOTE

‘The Bureau of Immigration came into existence upon the passage of Commonwealth Act No. 613, or
the "Philippine Immigration Act of 1940”. This law governs the entry and admission of foreigners into
the Philippines. Though amendments were introduced to this Act, there is a pressing need to
modemize the Bureau of Immigration to become more responsiye to the challenges brought about by
the advancement in science and technology, and attuned to the current needs especially with the onset
of globalization, transnational crimes, and human trafficking.

~ Recognizing the need for a “modern, efficient and professionalized" Philippine Immigration Service,

this bill seeks to reorganize the Bureau of Immigration by defining the functions of the departments
under it as well as to modernize the systems and procedures on immigration in our country. It also
seeks to create the Commission on Immigration and strengthen its function as gatekeeper and a
primary economic agent taking into account the duty to safeguard the country's national borders while
fostering investments.

‘The proposed measure also calls for the creation of more visa categories and privileges for foreign
investors, providing a more friendly business environment conducive to attracting and increasing
foreign investments into the country. Moreover, this bill seeks to expand the classification of
disqualified aliens and the imposition of penalties for aliens involved in syndicated criminal activities
to enhance national security and ensure the safety of Filipinos. It is hoped that through the said
modernization, businessmen will be attracted, thereby contributing to the much needed investments in
the country, rendering the agency as an effective agent of economic development.

In view of the foregoing, immediate approval of this measure is earnestly sought.

Magdalo Para'sd Pilipino Party-List


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 1666

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN II

AN ACT
TO STRENGTHEN, PROFESSIONALIZE AND MODERNIZE THE PHILIPPINE
IMMIGRATION SYSTEM, REPEALING FOR THE PURPOSE COMMONWEALTH
ACT 613, OTHERWISE KNOWN AS THE PHILIPPINE IMMIGRATION ACT OF
1940, AND APPROPRIATING FUNDS THEREFOR

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

TITLE I
GENERAL PROVISIONS

SECTION 1. Title of the Act. - This Act shall be known as the "Philippine
Immigration Act".

SEC. 2. Declaration of Policy. - In relation to other states, the Philippines shall give
paramount consideration to national sovereignty, territorial integrity, national security,
national interest, and the right to self-determination, as it adheres to the policy of peace,
cooperation and amity with all nations. Toward this end, Philippine immigration policies,
rules and regulations under this Act shall be applied and administered in the promotion of
domestic and international interests of the Philippines, in recognition of:

A) The admission of foreign nationals for the purpose of enhancing capital
investments, trade and commerce, cultural exchanges and other forms of friendly
relations and cooperation;

B) The need for increased technological and scientific development;

C) Promotion of conditions for social welfare and economic security of the people;

D) Compliance with obligations and standards set by international law in the
admission or exclusion of foreign nationals;

E) Promoting international order and justice by denying the use of Philippine
territory to persons who are engaged or likely to engage in terrorism, human
smuggling and trafficking, criminal and other nefarious activities;


F)

G)

Modernization of structures and mechanisms necessary for the administration
of immigration laws in keeping with the changing demands of the country's role
in the global community; and

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

SEC. 3. Definition of Terms. - As used in this Act, the following terms are defined as

follows:

A)

B)
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D)
E)
F)

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H)

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"Admission" refers to the process by which a foreigner arriving at a port of entry
in the Philippines is allowed into the country by the immigration authorities;

"Board" refers to the Board of Commissioners;

"Border Control Officer" refers to any person tasked to man the border control
station as provided under Section 26 of this Act;

"Captain" refers to the master of a vessel or pilot of an aircraft;
"Child" refers to a person below eighteen (18) years of age;

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

"Commission" refers to the Commission on Immigration;

"Commissioner" and "Deputy Commissioner" refer to the Commissioner of
Immigration and the Deputy Commissioner of Immigration, respectively;

"Commitment Order" refers to an order issued by the Commissioner under Section
7 (c) (2) of this Act that directs the detention of a foreigner after it has been
determined that a probable cause exists that he/she committed acts and/or
omissions in violation of Philippine immigration laws, rules and regulations, or
during the pendency of deportation case against such foreigner: Provided, That
such detention shall not exceed three (3) months, unless there exists other legal
grounds for continued detention;

"Consular officer” refers to any consular, diplomatic, or other officer of the
Government of the Philippines who has been duly granted a consular commission
for the purpose of issuing visas under this Act,

"Entry" refers to thes arrival of a foreigner into any designated port of entry in the
Philippines from a place outside thereof. A foreigner having a lawful permanent
residence in the Philippines shall not be regarded as making an entry for the
purpose of this Act if such foreigner proves that his/her departure to a place
outside the Philippines was for a temporary or limited period, or his/her
continued absence from the Philippines was occasioned by deportation
proceedings, extradition, or other legal process,


L) “Exclusion” refers to the act of Immigration Officers denying admission of a
foreigner into the country on grounds provided for in this Act;

M) "Foreigner" or "Foreign National” refers to any person not a citizen of the
Philippines;

N) "Foundling” refers to a deserted or abandoned infant or child whose parents,
guardian or relatives are unknown; or a child committed to an orphanage or
charitable or similar institution with unknown facts of birth and parentage and
registered in the Civil Registrar as a "foundling”;

©) "Hold Departure Order” refers to (1) a directive that commands the
Commissioner to prevent a foreigner from leaving the territorial jurisdiction of the
Philippines in cases of grant of bail and recognizance pending implementation of
Summary Deportation Order, or (2) an order implementing a directive from the
President, the Senate, the House of Representatives, the Department of Justice
(DON), Regional Trial Courts, Sandiganbayan, and appellate courts to prevent
a person from leaving the Philippines to any place outside thereof:

P) "Husband" and/or "Wife" refer(s) to those regarded as such by the laws of
the country of which they are nationals but shall not include husband or wife by
reason of proxy or "picture marriage";

Q "Immigrant" refers to any foreign national departing from any place outside
the Philippines destined for the Philippines, other than a non-immigrant;

R) "Immigration laws" refers to this Act and any other law presently existing or
which may hereafter be enacted relating to movement of natural persons to and
from the Philippines, and their exclusion, interception, deportation and
repatriation;

S)

"Immigration Officer" refers 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;

‘T) "Interception" refers to the act of Immigration Officers denying departure
clearance to any person leaving the country on grounds provided for in this Act;

U) "Non-immigrant" refers to any foreigner departing from any place outside
the Philippines who is allowed entry and admission into the Philippines for a
temporary or limited period of stay;

V) "Non-refoulement" refers to principle of international law which prohibits the
forced return of a refugee to the state or territory where his/her life or liberty
would be threatened;

W) "Passport" refers to document issued by the Philippine Government to its
citizens requesting other governments to allow its citizens to pass safely and
freely, and in case of need to give him all lawful aid and protection;


X) "Person" refers to natural and juridical person such as partnerships,
corporations, companies, and associations;

Y) "Port of entry" refers to any port designated by competent authority in accordance
with law through which a foreigner may apply to the Immigration Officer thereat
tor admission into the Philippines;

Z) "President" refers to the President of the Republic of the Philippines;

AA) "Refugee" refers to a person who, owing to a well-founded fear of being
persecuted for reasons of race, religion, nationality, membership of a particular
social group, or political opinion, is outside the country of his/her nationality, and
is unable or, owing to such fear, is unwilling to avail of the protection of that
country; or who, not having a nationality and being outside the country of his/her
former habitual residence, is unable or, owing to such fear, is unwilling to return.
to it;

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

CC) "Secretary" refers to the Secretary of the Department of Justice;

DD) "Stateless Person" refers to a person who is not considered as a national by
any State under the operation of its laws;

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

FF) "Vessel" refers to all means of conveyances, whether aircraft or sea craft;

GG) "Visa" refers to an endorsement on a passport or any travel document issued
by a Consular Officer abroad authorizing the holder thereof to proceed to a
designated port of entry in the Philippines and there to apply for entry and
admission under the status specified therein, or immigration status granted and or
issued to foreigners by the Commissioner or the Board under this Act; and

HH) "Watchlist Order" refers to an order issued by the Commissioner under
Section 7 (c)(4) of this Act that requires immigration personnel to monitor and/or
prevent the departure of any person for a period of fifteen (15) days, extendible
for another fifteen (15) days, and to notify concerned government or law
enforcement agencies, when his/her presence is required in criminal or
legislative proceedings or he/she poses or may pose a threat to national security,
public health or public safety.


TITLE
COMMISSION ON IMMIGRATION
CHAPTER 1
THE COMMISSION

SEC. 4. Creation. - The Commission on Immigration is hereby created. It shall be
principally responsible for the administration and enforcement of this Act, and the
implementation of all laws, rules, regulations or orders of any competent authority
concerning the entry and admission into, stay in, and the departure from the Philippines of all
persons. The Commission shall be under the general supervision of the Office of the
President.

SEC. 5. Composition and Qualification. - The Commission shall be administered by
the Board headed by the Commissioner as Chairperson, and four (4) Deputy
Commissioners as members, all of whom ‘shall be natural-bomn citizens of the Philippines
and, at the ‘time of their appointment, at least thirty-five (35) years of age, holders of a
college degree and with proven capacity for administration: Provided, That the majority or
three (3) members including the Chairperson of the Commission shall be members of the
Philippine Bar in good standing for at least five (5) years.

CHAPTER2
THE COMMISSIONER

SEC. 6. Appointment and Rank of the Commissioner. - The Commissioner shall be
appointed by the President and shall have the same rank, salary, and privileges of an
Undersecretary of a Department.

SEC. 7. Powers and Functions of the Commissioner. - In addition to the duties as

Chairperson of the Board, the Commissioner shall exercise the following powers and
functions:

A) Supervise, direct and coordinate the overall operations of the Commission;

B) Appoint, and exercise control and supervision over, the officers and personnel
of the Commission, subject to existing civil service laws, rules and
regulations;

C) Issue, (1) letter orders after determination of the existence of probable
cause; (2) commitment or release orders; (3) warrant of deportation; (4)
watchlist orders; (5) hold departure orders; (6) allow entry or departure
orders; (7) blacklist orders; and (8) orders implementing watchlist orders
issued by the Department of Justice;

D) Delegate authority to subordinate officers and employees of the Commission,
except with regard to powers and functions enumerated in the immediately
preceding paragraph, which may be delegated only to the Deputy
Commissioners;

E) Act on applications for issuance and revocation of immigrant visas;

F) Act on petitions for declaration of indigency;

G) Declare such control posts, landing places, airports or ports as points of entry
or exit, whether limited or unlimited;

H) _ Increase, reduce or waive immigration fees, fines, penalties and other charges;


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Participate as member of the Special Committee on Naturalization pursuant to
Section 6 of Republic Act No. 9139 otherwise known as "The Administrative
Naturalization Law of 2000"; Act on applications for retention or
Teacquisition of citizenship under Republic Act No. 9225 otherwise known as
“Citizenship Retention and Re-acquisition Act of 2003;

Issue Certificate of Identification to foreigners who have obtained
Filipino citizenship;

Issue letter orders and permits to carry firearms, ammunition and
communications equipment to authorized immigration operatives for use in
and ammunition are owned and issued by the Commission;

Inspect the documents, premises and records of persons covered by this Act;
Deputize any official or employee of the national government and local
government units, including uniformed personnel of the Armed Forces of the
Philippines, the Philippine National Police and the Philippine Coast Guard to
perform Immigration duties and functions subject to the concurrence of the
Board;

Authorize and prescribe the forms and the amount of cash bonds for the
provisional release of respondents in deportation proceedings;  *

Impose reasonable fines and penalties for violation of immigration and
Alien registration laws in accordance with this Act and the guidelines adopted
by the Commission;

Provide an express lane for the rendition of services upon payment of
prescribed fees by airlines/shipping companies or other persons served
and to deposit in a government authorized 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, subject to existing accounting
and auditing rules and regulations;

‘Accept donation of materials, equipment or technical services from any
Foreign government, international or domestic organization, to upgrade the
efficiency and operations of the Commission;

Submit to the President and Congress, annually or as may be directed, a report
on the: number and status of foreigners in the Philippines; foreigners
admitted or granted change of status as permanent residents; foreigners
who have been excluded or deported from the Philippines, estimated
number of illegal foreigners in the Philippines in each calendar year and
actions taken to arrest them, by nationality grouping, for each region in the
Philippines; and such other transactions of the Commission;

Prepare and submit supplemental budget of the Commission for the
consideration of the Department of Budget and Management;

Prescribe such rules, regulations or other administrative issuances to carry out
the provisions of this Act;

Prescribe the appropriate forms, bonds, reports, entries and other papers
in accordance with this Act;

Perform such other functions inherent to the Commission; and

Act on applications for recognition of Philippine citizenship on foundlings.


CHAPTER3
THE DEPUTY COMMISSIONERS

SEC. 8. Appointment and Rank of Deputy Commissioners. - There shall be four (4)
Deputy Commissioners who shall be appointed by the President. They shall have the same
rank, salary and privileges of an Assistant Secretary of a Department.

Provided, That a plantilla for one (1) Deputy Commissioner shall be created which
shall be occupied by a career officer from the Commission.

SEC. 9, Duties of Deputy Commissioners. - In addition to their duties as Members of
the Board, the Deputy Commissioners shall exercise additional powers, subject to the
approval of and as may be assigned by the Board, in the following areas of concern as:

A)
B)
c)
D)

Deputy Commissioner for Administration, Finance, Planning, Legal and
Information and Communications Technology;

Deputy Commissioner for Regional Operations, Registration, Immigration
Regulation and Visa and Special Permit,

Deputy Commissioner for Intelligence, Enforcement, Fraud Prevention
and Complaint and Prosecution; and

Deputy Commissioner for International Policies, Cooperation and Social
Integration.

CHAPTER 4
‘THE BOARD OF COMMISSIONERS

SEC. 10. Powers and Functions of the Board. - The Board shall have the following
powers and functions:

J)
K)

Decide on deportation cases;

Act on appeals on decisions promulgated by immigration hearing officers;

Act on applications or recommendations for revocation of immigration status;
Act on. applications for recognition of Philippine citizenship by reason of birth
or marriage;

Act on applications for recognition of Philippine citizenship of foundlings;
Decide on applications for legalization of residence in accordance with law,
Prescribe and promulgate rules of proceedings before it;

Cite and punish for contempt any person in accordance with the Rules of
Court;

Prepare and publish operations manual and rules of procedure, including
schedule of fees, for an transactions entered into by the Commission with the
public;

Formulate policies, directives, programs and projects of the Commission; and
Perform such other powers and functions as provided by existing laws, rules
and regulations not inconsistent with any of the provisions of this Act.

SEC. 11. Decisions of the Board. - In all cases or proceedings before the Board, the
decision of the majority shall prevail. Decisions of the Board shall become final and executor
fifteen (15) days from receipt thereof. Only one (1) motion for reconsideration shall be filed

7


with the Board. Decisions in deportation cases may be appealed to the Office of the President
within fifteen (15) days from receipt thereof, whose decision shall be final and executory
unless stayed by an order of the Court of Appeals. The appeal shall stay the execution of the
decision appealed from unless the Board, in the interest of national security and/or public
safety, directs its execution pending appeal.

SEC. 12. Period for Decision by the Board. - The Board shall decide deportation
cases within thirty (30) days from the date they are submitted for decision or resolution.

SEC. 13. Meetings of the Board. - In all cases, the Board shall convene and act as a
collegial body in all matters referred to in Section 10 of this Act. The Board shall meet at
least once a week or, if necessary, twice a week. Members of the Board shall be notified
accordingly and the presence of the Chairperson and two (2) members shall constitute a
quorum.

SEC. 14, Board Secretary. - The Board shall be assisted by a Board Secretary who
shall be appointed by the Commissioner. He/she must be a member of the Philippine Bar in
good standing for-at least three (3) years prior to his/her appointment. He/she shall keep a
docket book for deportation cases, applications for revocation of immigration status,
applications for recognition of Philippine citizenship by reason of birth or marriage,
applications for legalization of residence and applications for refugee status,

CHAPTERS 5
THE EXECUTIVE DIRECTOR

SEC. 15. Appointment and Tenure. - There shall be an Executive Director of the
Commission who shall be appointed by the President, and whose term shall be co-terminous
with the Commissioner. He/she must be a natural-bom citizen of the Philippines, at least
thirty (30) years of age and a member of the Philippine Bar in good standing for at least five
(5) years prior to his/her appointment.

SEC. 16. Powers and Duties, - The Executive Director shall:

A) Advise and assist. the Commissioner on the formulation and
Implementation of the objectives, policies, plans and programs of the
Commission;

B) Oversee all the operational activities of the Commission;

C) Coordinate the programs and projects of the Commission and be responsible
for its economical, efficient and effective administration;

D) Administer oaths in connection with all matters relating to the business
of the Commission; and

E) Perform such other duties as may be assigned by the Commissioner.

CHAPTER6
THE BOARD OF SPECIAL INQUIRY

SEC. 17. Constitution of Boards of Special Inquiry. - There shall be constituted as
many Boards of Special Inquiry as required in the exigency of service but not more than

8


twelve (12). Each Board shall be composed of a Chairperson and two (2) members. The
Board shall be designated according to their areas of specialization to be determined by the
Board.

SEC. 18. Appointment and Qualification of the Chairpersons and Members of the
Boards 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, and engaged in the practice of law for at least three (3)
years. They shall hold office during good behavior, unless sooner removed for cause.

SEC. 19. Powers and Functions of the Boards of Special Inquiry. - The Boards of
Special Inquiry shall:

A) Administer oaths;

B) Cite and punish for contempt in accordance with the Rules of Court;

C) _ Issue subpoena in cases being heard by the Board of Special Inquiry;

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

E) _ Exercise exclusive original authority to hear and recommend to the Board for
final resolution the following cases:
1) Deportation;
2) Applications for revocation of immigration status;
3) Applications for recognition of Philippine citizenship by reason of

birth or marriage;

4) Applications for legalization of residence in accordance with law;
5) Application for issuance of visa for stateless person; and

F) Perform such other duties and functions as may be directed by the
‘Commissioner.

SEC. 20. Proceedings Before the Boards of Special Inquiry. - The proceedings
before the Boards of Special Inquiry shall be public and recorded, In all cases, the Boards of
Special Inquiry shall meet and act as a collegial body. Only members of the Philippine Bar in
good standing shall appear for and in behalf of any party before the Boards of Special
Inquiry.

SEC. 21. Resolutions of the Boards of Special Inquiry. - Cases before the Boards of
Special Inquiry shall be resolved within five (5) working days from the date the same
are submitted for resolution. Said resolution shall be submitted immediately to the Board for
action.

CHAPTER7
DIVISIONS OF THE COMMISSION

SEC. 22. Divisions and Other Operating Offices of the Commission. - The
Commission shall have the following divisions and other operating offices, namely: (1)
Administration; (2) Finance; (3) Information and Communications Technology; (4)
Planning and Research; (5) International Policies and Cooperation; (6) Social
Integration; (7) Intelligence; (8) Law Enforcement, (9) Fraud Prevention; (10) Legal;

9


(11) Immigration Regulation; (12) Registration; (13) Visa and Special Permit; (14)
Complaint and Prosecution; (15) Internal Audit Office; (16) National Operations Center; and
(17) Immigration Academy of the Philippines.

SEC. 23. Heads of the Divisions and Other Operating Offices. - Each Division and
other operating offices shall be headed by a Director to be appointed by the Secretary, upon
recommendation of the Commissioner: Provided, however, That Directors for the Division
for Legal and the Division for Complaint and Prosecution shall be members of the Philippine
Bar in good standing, and must have been engaged in the practice of law for at least three (3)
years. The Director for Finance Division shall be a Certified Public Accountant in good
standing for at least three (3) years.

SEC. 24. Duties and Functions of the Divisions and Other Operating Offices. —
The different divisions and other operating offices of the Commission shall operate in
accordance with their respective duties and functions as defined by the Commissioner,
subject to the requirements of efficiency, economy, transparency, accountability and
effectiveness, and pertinent budget and civil service laws, rules and regulations.

CHAPTERS 8
REGIONAL OFFICES

SEC. 25 Field Offices of the Commission.- The Commission shall operate and
maintain a Regional Immigration Office in each of the administrative regions including
the National Capital Region and the Regional Immigration Offices of the Commission shall
each be headed by a Regional Immigration Officer, all of whom shall be appointed by the
Secretary upon the recommendation of the Commissioner.

SEC. 26. Border Control Stations. - There shall be established Border Control
Stations which shall be manned by Border Control Officers appointed by the Commissioner.
The Border Control Stations shall be placed in specific areas in the Philippines which shall be
determined by the Board. Their duties and responsibilities shall be determined by the
Commissioner.

SEC. 27. Changes in the Composition, Distribution of Assignment of Regional
Offices. - The Commissioner may make changes in the composition, distribution and
Assignment of Regional Offices, as well as its personnel, based on the demographics of the
Philippines’ foreigner population and as the exigency of the service requires.

SEC. 28. Immigration Officers. - The position of Immigration Officer is hereby
created. No person shall be appointed to the position of Immigration Officer unless he/she is
a holder of a bachelor’s degree and a first grade civil service eligible. The Immigration
officers shall perform the following duties:

A) Examine, with the assistance and advice of medical authorities in appropriate
cases- foreigners at the port of entry concerning their admissibility to enter and
their qualifications to remain in the Philippines;

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

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C) Administer oaths in connection with the performance of their duties;

D) Search for foreign nationals on any vessel believed to be used to illegally
bring foreign nationals into the Philippines, and to arrest without warrant any
foreigner who in his presence or view is entering or is about to enter the
Philippines in violation of immigration and related laws, rules and regulations;

E) Actas control officer with authority to prevent the departure of passengers
not complying with departure requirements; and

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

SEC. 29. Designation of Employees. - The Commissioner may designate, in
accordance with civil service laws, rules and regulations, any competent and qualified
employee of the Commission, to act as immigration officer or assign any employee to other
offices within the Commission and/ or assign hin/her additional or other duties as the best
interest or exigency of the service may require.

SEC. 30. Assignment of Employees to do Overtime Work.- The Commissioner may
assign immigration employees to do overtime work or services pursuant to rules and
regulations to be prescribed and at the rates fixed by the Commissioner when the work or
service to be rendered is to be paid by the airline, shipping companies or other persons
served.

SEC. 31. Deployment of Immigration Personnel Abroad.-Within ninety (90)
days from the affectivity of this Act, the Department of Foreign Affairs (DFA) and the
Commission shall enter into a Memorandum of Agreement pertinent to the assignment
and deployment of immigration personnel to select consular posts abroad who shall perform
immigration duties, except diplomatic and consular functions.

SEC. 32. Manning Levels - On the average, the manning levels of immigration
officers of the Commission nationwide shall be in accordance with the number of arrivals in
each port of entry as determined by the Board: Provided, That the number of employees, as
provided in the staffing pattern in accordance with Section 130 of the Act, shall not be
decreased.

TITLE 01
IMMIGRATION
CHAPTER 1
NON-IMMIGRANTS

SEC. 33. 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 under anyone of the following categories maybe admitted as non-immigrants:

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

1) Business (A-1 visa): Temporary visitors engaged in activities
of a Commercial or professional nature for a foreign employer
or for themselves that will not result in gainful Employment in
the Philippines as used herein, the term "business" refers to

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B)

°)

D)

E)

conventions, conferences, consultations and other legitimate
activities of a commercial or a professional nature, but does not
include local employment or labor for hire;

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

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

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

‘Crew members (C Visa): Members of the crew of vessels required for the
normal operation and servicing of the vessels who come to the Philippines
temporarily as part of their jobs either arriving with or coming to join the
vessels;

Treaty Traders (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens and their
family members from a country that has a trade treaty with tht Philippines and
coming to work in the Philippines for either a company they own or one that is
at least fifty percent (50%) owned by nationals of their home country and
which company is engaged in substantial trade between the Philippines and
their home country shall be granted a D-I visa. Citizens of a country that has
an investor treaty with the Philippines for a business they own or one that is
at least fifty percent (50%) owned by nationals of their home country and
which business is supported by a substantial investment from nationals of their
home country shall be granted a D-2 visa;

Accredited Foreign Government Officials, Their Families and Attendants (E
Visas), Foreign government officials, their families and attendants coming
to the country for official purpose, pursuant to international conventions
and bilateral agreements, shall be granted E Visas divided into three (3)
types, namely:

1d Persons entitled to E-l Visa: The E-I Visa shall be issued to
persons enjoying diplomatic immunities and privileges,
particularly the following classes of foreign nationals:

a) Heads of the State and Heads of Government and their
personal representatives;

b) Members of reigning royal families recognized by the
Philippine government,

)  Governors-General, Governors, and High
Commissioners of dependent territories and their
personal representatives;

d) Cabinet ministers and their deputies and officials with
cabinet rank of minister

e) __ Presiding officers of national legislative bodies;

f) Justices or judges of the highest national judicial bodies;

8) Diplomats and career consular officials;

h) Diplomatic couriers regularly and _ professionally
employed as such;

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



F)

G)

H)

i) _ All members of official special missions of a diplomatic
character,

kK Officials of international organizations bearing
diplomatic passports when raveling on official
business;

1) _ Representatives of international organizations who have
diplomatic status and bearing diplomatic passports
issued by their governments;

m) Members of delegations proceeding to or from an
international conference of an official or diplomatic
nature;

n) Accompanying spouses and unmarried minor children
of foreigners within the above-mentioned categories;
and

0) Such other officials going to the Philippines on
diplomatic missions.

2) Persons entitled to E-2 Visa: The E-2 visa shall be issued to any
other person not included in the foregoing list, who is an officer
of a foreign government recognized by the Philippines, is a
national of the country whose government he represents, and
is proceeding to the Philippines in connection with official
business for his/her government. This category includes, inter
alia, the members of the staff of a diplomatic mission or
consular post, the staff of intemational organizations, and
official students or participants in programs under the auspices
of the Philippine Government or recognized international
Institutions. The family members of the above-mentioned
persons shall also be issued E- Visa.

3) Persons entitled to E-3 Visa: The E-3 Visa shall be issued to
the members of the household, the attendants, servants and
employees of persons to whom E-I and E-2 visas have been
granted;

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

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

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

13


u)

k)

sponsorship or guarantee of such religious congregation or denomination,
solely for the purpose of propagating, teaching and disseminating their faith
or religion;

Representatives of International Organizations and Government Agencies (I
Visa) Officials, principal representatives and foreign workers of accredited
international organizations as well as missions, including their family
members, staff and servants. The term “accredited international organization”
includes any public international organization in the activities of which the
Philippines participates pursuant to any treaty or under the authority of any act
of the Congress of the Philippines authorizing such participation or making an
appropriation for such participation and such other _ international
organizations, institutions, agencies, programs, foundations and entities
which are recognized by the goverment of the Republic of the
Philippines, including those existing and already recognized as such at the
time of the affectivity of this Act. The term “staff” includes the employees of
persons to whom the E-3 visa has been granted;

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

Exchange Visitors (K Visa): Foreign nationals entering the Philippines to
teach, study, observe, conduct research or receive training in a specific
Exchange Visitor Program duly approved by the Philippine Government; (1)
Refugees (L-I Visa) and Stateless Persons (L-2 Visa): Refugees as defined in
Section 3 (z) hereof shall be issued L-l Visa. Stateless persons, whose
admission for humanitarian reasons and not inimical to public interest has
been approved by the Commissioner or the President in such cases and under
such conditions as he may prescribe, shall be issued L-2 Visa; and (M)
Special Non-Immigrants (M Visas): Such other foreign nationals including
their family members who may be admitted as non-immigrants under special
laws or foreign nationals not otherwise provided for by this Act who are
coming for temporary periods only, and whose admission is authorized by the
Commissioner or the President in the interest of the public or for humanitarian
considerations and under such conditions as he may prescribe.

SEC 33-A. Visa Policy. - The policies governing the issuance, extension, renewal

and conversion of visas referred to in Section 33 hereof shall be jointly formulated by
the Commission and the Department of Foreign Affairs and, when appropriate, the
Commission and the Department of Foreign Affairs shall consult with the concerned
government agencies or offices relative thereto. Any visa policy or guidelines to be
implemented abroad shall be done by the Department of Foreign Affairs, with due notice to
the Commission and other concerned agencies and or offices.

SEC. 33-B. Visa Issuance Overseas.-All non-immigrant visas issued outside of

the Philippines shall be done by Consular Officers of the Department of Foreign
Affairs duly assigned at Philippine posts abroad. Immigrant visas, whenever issued abroad,

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Boovanaunr

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shall be done by the Consular Officers upon the approval of the Commission through the
Department of Foreign Affairs.

CHAPTER 2
IMMIGRANTS

SEC. 34. Quota Immigrants. - Subject to conditions set forth in this Act, they may
be admitted into the Philippines, immigrants, otherwise known as "quota immigrants", not
to exceed two hundred (200) of anyone nationality based on immigration reciprocity for
anyone 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 high
educational attainment, technical training, specialized experience, or
exceptional ability in the sciences, arts, professions, or business as would’
reasonably enhance and contribute substantial benefits prospectively to the
national economy, or cultural or educational interests or welfare of the
Philippines, including their family members, accompanying or following to
join them, who shall likewise be allotted individual quota numbers;

B) Second Preference: Parents of a naturalized Philippine citizen;

C) Third Preference: Spouses or minor children of foreign nationals who are
lawful permanent residents of the Philippines; and

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

SEC 35. Allotment of Quota. - The Commissioner shall, with respect to the first
preference, allot not more than fifty percent (50%) of the annual quota allotment up to the
end of June each year: Provided, however, That if the fifty percent (50%) is not utilized by
the first preference, the balance thereof shall be given to the second, third, and fourth
preferences in accordance with Section 34 of this Act. Any unused quota allotment for a
calendar year cannot be carried over and utilized for the ensuing calendar year.

SEC. 36. Basis in Determination of Quota Allotment, - The nationality of an
immigrant whose admission is subject to the numerical limitation imposed by Section 34 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/her as a national : citizen if he/she applies for a visa in a third
country. If he/she applies for a visa within one of the two countries regarding him/her as a
national or citizen, his/her nationality shall be that of the country in which he/she files his/her
application for a visa to enter the Philippines.

SEC. 37. Non-Quota Immigrants. - The following immigrants, known as "non-
quoin immigrants", may be admitted without regard to numerical limitation and
immigration reciprocity:

A) The spouse of a Philippine citizen: Provided, however, that the abandonment

and failure to give support by a foreign spouse to his/her Filipino spouse and
family, legal separation, or termination of the marital status by annulment,

15


declaration of nullity of marriage or divorce where the cause is attributable to
the foreign spouse, shall constitute grounds for cancellation of the immigrant
visa issued to the foreign spouse;

B) _ A person of Filipino descent regardless of generation;

C) A child born to a foreign 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 admission within five (5) years
from the birth of the child;

D) A child born subsequent to the issuance of an immigrant visa to the
accompanying 4 parent, the visa not having expired or revoked;

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

F) A natural-bomn citizen who becomes a naturalized citizen of a foreign country
and is returning to the Philippines for permanent residence therein, including
his/her spouse, and minor children accompanying or following to join him/her,
except the one who has reacquired or I retained his/her Philippine citizenship
pursuant to Republic Act No. 9225.

SEC. 38. Status of Children Born to Foreign Nationals. —

A) Acchild born in the Philippines to parents who are foreign nationals and lawful
residents of the Philippines shall be deemed a native born permanent resident.

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

CHAPTER 3
ADJUSTMENT OF STATUS

SEC 39. Conditions for Adjustment of Status of Foreign Nationals. - The status of a
foreign national admitted into the Philippines as non-immigrant may be adjusted by the
Board to that of a foreigner lawfully admitted as a permanent resident if: (a) the foreigner
makes an application for such adjustment; (b) the foreigner is eligible to receive a quota or
non-quota immigrant visa and is admissible to the Philippines as a permanent resident: and
(c) a quota immigrant visa, if such is the case, is immediately available to him/her at the time
of his/her application, without the need of first departing from the Philippines. In all such
cases, the personal appearance of the foreigner shall be required during the
consideration of his/her application.

SEC 40. Effect of Approval of Application for Adjustment. - Upon the approval of
an application for adjustment of status under the preceding section, the Commissioner
shall record the foreign national's lawful admission as a permanent resident as of the date
of the approval of the application and shall be included as part of the quota for the calendar
year in accordance with Section 34 of this Act.


SEC 41. Adjustment of Status, When Not Allowed. - Adjustment of status under
Section 39 of this Act shall not be applicable to (a) a foreign crewmember, (b) a foreign
national who has violated or is in violation of immigration laws, rules and regulations unless
the same is through no fault of his/her own or for purely technical reasons, (c) a foreign
national admitted as a temporary visitor without visa, and (d) transients.

CHAPTER 4
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS

SEC. 42. Documentary Requirements of Non-immigrants. - Non-immigrants must
present for admission into the Philippines valid passports issued by the governments of the
countries to which they owe allegiance to or other travel documents showing their nationality
and identity as prescribed by regulations and a valid visa granted by the Philippine Consular
Officer, if required under existing laws, rules, regulations, or multilateral or bilateral
agreements.

SEC. 43. Conditions and Period of Authorized Stay of Temporary Visitors. -The
initial period of authorized stay of a foreign national admitted as a temporary visitor under
Section 33 of this Act shall not exceed two (2) months from the date of arrival. Extensions of
authorized stay may be granted under terms and conditions as ay be prescribed by the
Commissioner, Provided, That the total period of authorized stay shall not exceed twenty-
four (24) months; Provided, Further, That during the foreign national’s authorized stay; (a)
he/she shall not take any employment, whether paid or unpaid; (b) he/she shall not establish
or join in any business; or (c) he/she shall not enroll and become a student at a school,
college, university, academy, or other educational institution, unless he/she is granted,
upon proper application, a conversion to another immigration status provided under this
Act.

SEC. 44. Conditions for Issuance of Pre-arranged Visas. - A foreigner who is
coming to the Philippines for prearranged employment shall not be issued a non-immigrant
visa referred to in Section 33 (g) until the Consular Officer shall have received authorization
for the issuance of the same. Such authorization shall be given only upon the filing of a
petition with the Board establishing, among others, that no person can be found in the
Philippines willing and competent to perform the work or service for which the foreigner is
desired and that his/her admission would be beneficial to the public interest. The petition
shall be under oath by the prospective Employer or his/her representative in the form and
manner prescribed by the Board. If the Board finds that the petition complies with the
requirements of the preceding paragraph and of other regulations, it shall grant the petition
and shall promptly transmit the authorization to the Department of Foreign Affairs and/
or the Consular Office concerned.

SEC. 45. Submission of Crew List and Passenger Manifest to the Commission. -
Simultaneous to the vessel's departure from the port of origin, the master, captain, agent,
owner or consignee of any commercial vessel arriving to the Philippines shall submit
to the Commission, within a reasonable time prior to such arrival, the crew lists, passenger
manifests and such other information concerning the persons arriving on such a vessel. In the
same manner and condition, the master, captain, agent, owner or consignee of any
commercial vessel departing from any port in the Philippines shall submit to the Commission,
within a reasonable time prior to such departure, the crew list, passenger manifest and such

17


other information concerning the persons departing on such vessel. The crew list of an
incoming sea craft shall be duly vessel's by the appropriate Consular Officer.

SEC. 46. Inspection of Crewmembers. - It shall be the duty of the master, captain,
agent, owner or consignee of any vessel arriving in the Philippines to have available on
board, for inspection by the Immigration Officer, any foreign 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 on board such
vessel shall be discharged while the vessel is in port without the permission of the
Commissioner.

SEC. 47. Permission for Temporary Landing of a Foreign Crewmember. - A
foreign crewmember on a vessel arriving in the Philippines may be permitted to land
temporarily under such conditions as may be prescribed by the Commissioner. All expenses
incurred by the Commission while the crewmember is on land shall be borne by the master,
captain, agent, owner or consignee of the carrying vessel.

CHAPTERS 5
REFUGEE STATUS

SEC. 48. Grant of Refugee Status. - Persons seeking refugee status may apply for
recognition as a refugee upon seeking admission at any port of entry or within a reasonable
time thereafter. Refugee status shall be granted after a determination by the Board that an
applicant meets the qualifications of a refugee as defined in Section 3(z) hereof. Refugee
status shall not be granted to an applicant if he/she:

A) Has committed a crime against peace, a war crime, crime against humanity or
any other crime under international law,

B) Has committed a serious non-political crime outside the Philippines prior to its
admission as a refugee; or

C) Has been guilty of an act contrary to the purposes and principles of the United
Nations.

SEC. 49. Cessation of Refugee Status. - Refugee status granted under the previous
section shall cease if a refugee:

A) Voluntarily repatriates himself/herself or has re-established himself/herself in
another State;

B) Acquired a new nationality and enjoys the protection of such a State; or

C) Can no longer continue to refuse to avail the protection of the country of
his/her nationality or, not having a nationality, is able to return to the
country of former habitual residence in view of the cessation of the reasons
that resulted to his/her being refugee: Provided, That this ground shall not
apply if a refugee is able to invoke compelling reasons arising out of the
previous persecution.

SEC 50. Effect of Grant of Refugee Status to Refugee Dependents. - A spouse,
minor child, and other dependents of a foreigner who is granted a refugee status may, if not

18


otherwise eligible under Section 48, be granted the same status as the refugee to assure family
unity or when it is in the public interest.

SEC 51. Confidentiality of Information. - In proceedings for the recognition of
refugee status, the confidentiality of information shall be respected and no information
relating to the refugee shall be shared with the country of origin or country of former habitual
residence, directly or indirectly.

SEC 52. Burden of Proof. - In proceedings for the recognition of refugee status, the
burden of proof lies with the applicant, subject to the principle of non-refoulement.

SEC 53. Stay of Exclusion or Deportation. - Notwithstanding the provisions of
Sections 78 and 86, the exclusion from entry and deportation of a foreigner shall be stayed
during the pendency of an application for refugee status. Where grounds under Section 78 are
present, the refugee shall be allowed entry and the application shall be immediately
teferred by the Immigration Officer to the Board.

SEC 54. Detention of Refugee. - Detention of applicants for refugee status shall only
be resorted to in cases arising out of illegal entry or unauthorized stay after consideration of
other alternatives, as may be determined by the Commissioner.

CHAPTER 6
DOCUMENTATION AND ADMISSION OF IMMIGRANTS

SEC 55. Documentary Requirements of Immigrants; Instances When Not
Required. ~ Immigrants must present for admission into the Philippines valid passports or
travel documents issued by the government of the country to which they owe allegiance,
showing their nationality and identity and valid visas issued by the Consular Officer
indicating the date of issue and the period of validity thereof. Immigrant visas shall not be
required of the following:

A) A child born subsequent to the issuance of a valid immigrant visa to
the accompanying parent;

B) A cchild 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 is accompanied by either parent within five (5) years from
the date of the child's birth; and

©) A foreigner who is returning to an unrelinquished lawful permanent residence
in the Philippines after a temporary residence abroad and presents for
admission a valid re-entry permit.

CHAPTER7
VISA ISSUANCE

SEC. 56. Nature of Visa. - Nothing in this Act shall be construed to automatically
entitle any foreign national to whom a visa or other travel document has been issued to enter
the Philippines if, upon arrival at a port of entry, he/she is found to be inadmissible under this
Act or any other law.

19


SEC. 57. Requirement of Issuance of Visa. - Under the conditions and subject to the
limitations prescribed in this Act or regulations issued hereunder, the Commissioner may
approve the issuance of an immigrant visa upon the recommendation of a Consular
Officer in the following manner:

A) An immigrant visa may only be issued to a foreign national who has made a
proper application therefor, which shall specify the foreign country, if any, to
which the quota the number is assigned, the immigrant’s particular status in
such country, the preference to which the foreigner is classified, the date on
which the validity of the visa shall expire, and such additional information as
may be required;

B) The Department of Foreign Affairs, through its Consular Office abroad and
through the Office of the Visa Director, shall approve the issuance of a non-
immigrant visa to a foreign national who has made a proper application
therefor in accordance with Section 33 of this Act.

All diplomatic -visas under Section 33 (¢) of this Act shall be exclusively
issued by the Department of Foreign Affairs in accordance with the Vienna Convention
on Diplomatic Relations. All other non-immigrant visas under Section 33 shall be issued
by the Consular Officer, when the application is made abroad, or may be issued by the Office
of the Visa Director of the Department of Foreign Affairs, when the application is made in
the Philippines for conversion or renewal. The issuance of special non-immigrant visas
falling under the jurisdiction of a particular government office or agency can only be done in
coordination with and upon recommendation of the government agency or office concerned.

SEC. 58. Requirements for Physical and/or Mental Examination Prior to Issuance
of Immigrant Visa. - Prior to the issuance of an immigrant visa to any foreign national, the
Consular Officer shall require such person to submit to a physical and mental examination in
accordance with such regulations as may be prescribed by the Commissioner. In addition,
said foreign national shall be required to personally plant fifty (50) trees, except when he/she
is physically incapable of doing so, in which case, he/she may cause another person to plant
the trees.

SEC. 59. Validity of Visa. - A non-immigrant or immigrant visa issued by a Consular
Officer abroad pursuant to Section 57 of this Act 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 on a
reciprocal basis as such foreign country accords to citizens of the Philippines who are
within a similar class. An immigrant visa may be replaced under the original number
during the calendar year in which the original visa was issued for a foreigner who establishes
to the satisfaction of the Consular Officer that he/she was unable to use the original
immigrant visa during the period of its validity for reasons beyond his/her control: Provided,
That the foreign national is found by the Consular Officer to be eligible for another
immigrant visa and has paid all the fees.

SEC. 60. Denial of Visa, Grounds Thereof. -The Consular Officer may deny the
Application for visa (a) if it appears from the statements in the application or in tde
documents submitted the applicant is not entitled to a visa under this Act; or (b) if he/she fails
to comply with the requirements of the provisions of this Act.

20


SEC. 61. Revocation of Visa Issued by Consular Officer. - The Commissioner may,
for valid cause and upon confirmation of the Secretary of Foreign Affairs, revoke the visa
issued by any Philippine Consular Office. If the notice of revocation is not received and the
visa holder applies for admission into the Philippines, his/her admission or entry shall be
determined by the Immigration Officer upon his/her arrival' at the port of entry.

CHAPTERS 8
RE-ENTRY AND EMIGRATION CLEARANCE

SEC. 62. Re-entry. - Every time a registered foreign national, except a temporary
visitor, departs or is about to depart temporarily from the Philippines with the intention to
return, he/she must pay a re-entry fee, emigration clearance fee and head fee: Provided, That
said foreign national returns to the Philippines within a period of one (1) year from his/her
departure in order to maintain hishher visa category. Otherwise, he/she shall apply for an
extension of the period within which to return prior to its expiration and pay the prescribed
fees and charges therefor: Provided, further, That if his/her authorized stay is less than one (I)

year, he/she shall pay a special return fee, emigration clearance fee and head fee for every
departure: Provided, finally, That in both cases, if the registered foreign national
departs permanently from the Philippines, he/she shall surrender all his/her Philippine
immigration documents to the Commission and apply for and be issued an Emigration

Clearance Certificate upon payment of the prescribed fees and charges therefor, subject to the
following conditions:
A) He/she has no pending obligation with the government or any of its agencies
or instrumentalities;
B) He/she has no pending criminal, civil, or administrative proceeding which
requires his continued presence in the country; and
C) There is no ongoing legislative inquiry where he/she is called upon to testify

as a witness.

SEC. 63. Emigration Clearance. - Any temporary visitor departing from the
Philippines shall, after the expiration of his/her initial authorized stay, apply for emigration
clearance with the Commission and pay the prescribed fees and charges therefor.

CHAPTER 9
PRESIDENTIAL PREROGATIVES

SEC. 64. Presidential Prerogatives. - Any provision of this Act to the contrary
notwithstanding, the President may:

A)

B)
c)
D)

Deny the entry and admission into the Philippines of any foreign national or a
class of foreign nationals whenever the President finds that the entry would be
detrimental to the interest of the Philippines or impose such restrictions
as he/she may deem appropriate;

Waive passport and/or documentary requirements for non-immigrants and
immigrants under such terms and conditions as he/she may prescribe;

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

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

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E) Admit non-immigrants not otherwise provided for in this Act for
Humanitarian considerations and when not detrimental to public interest,
under such terms and conditions as he/she may prescribe;

F) Prohibit the departure from the Philippines of any person who is 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

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

TITLE IV
PROVISIONS RELATING TO ENTRY
CHAPTER 1
CLASSIFICATION OF PORTS OF ENTRY

SEC. 65. Authority to Classify Ports. - The Commissioner shall classify and
designate, from among the ports of entry established by law for immigration purposes,
limited or unlimited ports of entry through which foreigners may be admitted into the
Philippines. Only such classes of foreigners as provided under the rules and regulations
prescribed by the Commissioner may be admitted at limited ports of entry. The
Commissioner may, after due notice to the public, close designated ports of entry in the
interest of national security or public safety.

CHAPTER 2
PROCEDURES ON ARRIVAL

SEC. 66. Inspection by Immigration Officer. - A foreigner secking admission or
readmission shall present his/her valid passport and visa, if required, to the immigration
officer at the port of entry and shall be subject to primary inspection. The decision of the
examining Immigration Officer, if favorable to the admission of any foreigner, may be
challenged by another Immigration Officer. The final determination of admissibility of such
foreigner shall be determined by the Commissioner in case no resolution is reached between
the Immigration Officers on the challenged admission. In case of admission, the Immigration

Officer shall indicate in the passport the date, the port of entry and the identity of the vessel
boarded.

SEC. 67. Detention or Quarantine for Examination. - For the purpose of
determining whether a foreigner arriving at any port in the Philippines belongs to any of the
classes excludable under this Act by reason of being afflicted with any of the contagious or
communicable disease or mental disorder set forth under Section 78 (a) of this Act or
whenever the Commissioner has received information showing that foreigners are coming
from a country or a place where any of such diseases are prevalent or widespread, the
foreigner shall be detained or quarantined for a reasonable period of time to enable the
immigration and medical officers to subject such person to observation and examination.

SEC. 68. Medical Examination Requirement. - Any arriving foreign national whom

the examining Immigration Officer believes to belong under the class of excludable foreign
nationals specified in Section 78(a) herein shall be referred to designated medical officers for

22


physical and mental examination, Such medical officer shall certify his/her findings for the
information of the Immigration Officer.

SEC. 69. Arrival Notice Requirements of Vessel. - The immigration authorities shall
be given prior notice of the arrival of any civilian vessel before such vessel comes into any
area in the Philippines from any place outside thereof. Such prior notice shall not be required
in the case of vessels with scheduled arrivals filed with the Immigration Officer in charge at
the international port of entry. If, upon arrival in any area other than the designated port and
there is no available Immigration Officer therein, the master, pilot, captain, agent or
consignee shall not allow the passengers and crew members to disembark or leave the
primary inspection area until the immigration officer shall have conducted the primary
inspection formalities.

SEC. 70. Contents of Notice of Arrival. - The advance notice of arrival required in
the preceding section shall specify the following:
A) Type of vessel and registration marks;

B) _Visaedcrewlist;

C) Passenger manifest; co

D) Port of last departure;

E) International port of intended destination, or other place authorized by

the Commissioner;
F) __ Estimated time of arrival; and
G) Authorized agent or representative at the place of arrival

CHAPTER 3
FOREIGN CREWMEMBER

SEC. 71. Conditional Permit to Disembark. - A foreign crewmember of a vessel
under Section 33 (c) of this Act may be granted a conditional permit, in a form prescribed by
regulations, to disembark temporarily from the vessel on which he/she arrived while such
vessel remains in port under such terms and conditions as may be prescribed by the
Commissioner.

SEC. 72. Confiscation and Cancellation of Permit; Deportation from the
Philippines. - Upon the determination that the foreigner is not a Bona Fide crewmember or
does not intend to depart on the vessel that brought him, the Commissioner shall cancel
and confiscate the conditional permit already issued, take such foreigner into custody,
and require the owner, operator, captain, master, pilot, agent or consignee of the vessel on
which the foreigner arrived to receive and detain him/her on board. The expenses for his/her
removal, including the cost of detention and other expenses incidental thereto, shall be borne
by the owner, operator, captain, master, pilot, agent or consignee of such vessel.

SEC. 73. Liability for Overstaying Foreign Crewmen. - A foreign crewmember who
remains in the Philippines in excess of the period allowed in the conditional permit issued to
him shall be solidarity liable with the owner, operator, captain, master, pilot, agent or
consignee of the vessel to pay the penalties prescribed in Section 126 of this Act.

SEC. 74. Liability for Unauthorized Discharge of Foreign Crewmember. - \t may
be prescribed under this Act. No such vessel shall be granted clearance from any port in the

23


Philippines while such fines remain unpaid or while the validity thereof is being determined:
Provided, That a clearance may be granted prior to such determination upon deposit of a sum
or cash bond sufficient to cover such fines as approved by the Commissioner.

SEC. 75. Duty to Report Desertion or Illegal Landing of Foreign Crewmember.-
The owner, operator, captain, master, pilot, agent or consignee of any vessel shall
immediately report, in writing, to the immigration officer all cases of desertion or illegal
disembarkation in the Philippines from the vessel, together with a description of such
foreigners and any information that shall result in their apprehension.

SEC 76. Requirement for Submission of List of Newly Employed, Discharged and
Illegally Landed Foreign Crewmember. - Prior to the departure of any vessel from the last
port in the Philippines destined to any place outside thereof, the owner, operator, captain,
master, pilot, agent or consignee thereof shall deliver to the Immigration Officer at that port
a list containing: (a) the names of crewmembers who were not employed thereon at the time
of the vessel's arrival on such port but will depart thereat on the same vessel; (b) the names
of those, if any, who have been discharged; (c) the names of those who have deserted or
illegally landed at that port, ifvany, and (d) such other additional information as the
Commissioner deems necessary.

SEC 77. Liability for Failure to Submit Complete, True and Correct Report. - In
case the owner, operator, captain, master, pilot, agent, or consignee, fails to submit a
true and complete list or report of foreigners, or to report cases of desertion or illegal
landing, he/she shall pay to the Commission such sum as may be prescribed under this Act.
No such vessel shall be granted clearance from any port in the Philippines while such fines
remain unpaid or while the validity thereof is being determined: Provided, That clearance
may be granted prior to such determination upon deposit of a sum or cash bond sufficient to
cover such fines as approved by the Commissioner.

CHAPTER 4
EXCLUSIONS

SEC 78. Exclusion Grounds. -The following classes of foreign nationals shall not be
allowed entry and shall be excluded from the Philippines:

A) Health Related Grounds

1) Those who are found to be suffering from a communicable,
dangerous or contagious disease;

2) Those who are found to be suffering from mental disorder or
associated behavior that may pose threat to persons or danger to
Property;

3) Those who are found to be suffering from addiction to prohibited or
regulated substance;

B) — Economic Grounds

1) Those likely to become a public charge;

2) Those seeking entry for the purpose of performing skilled or unskilled
labor, without a permit from the Secretary of the Department of Labor
and employment as required by law;

C) Moral Grounds

24


a)
2)
3)

4)

Those coming to the Philippines to practice polygamy or who advocate
the practice of polygamy unless his/her religion allows such practices;
Those who are pedophiles, sexual perverts or those coming to the
Philippines for immoral purposes;

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

Those who, at the time of primary inspection, by the Immigration
Officer exhibit any obnoxious behavior, contempt or disrespect for the
said officer or any goverment official or Commission;

D) Criminal and Security Grounds

1)

2)

3)

4)
5)

6)

2)

8)

9)

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

Those who have been convicted, or who admit having committed, or
are committing acts which constitute the elements of a violation or
conspiracy to violate any law or regulation of the Philippines or a
foreign country relating to a controlled, regulated or prohibited “
substance, or who attempt or conspire to commit the crime;

Those that the Philippine Government knows or has reason to believe
is a trafficker of any controlled, regulated. or prohibited substance or
knows or has reason to believe is or has been an accomplice,
accessory, abettor, or co-conspirator in the illicit trafficking of any
controlled, regulated or prohibited substance;

Those who arc fugitives from justice;

Those who seek to enter the Philippines to engage in:

‘a. Espionage or sabotage, or a violation or evasion of any laws
prohibiting export of goods, technology or sensitive
informatic

b. Any activity aimed to promote membership in an organization
of syndicated criminal activities;

c. Any activity, the purpose of which is to overthrow the
Philippine government by force, violence or other unlawful
means; and

d. Any other unlawful activity.

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

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

Those who are under fifteen (15) years of age and unaccompanied by
or not coming to a parent, except that they may be admitted in the
discretion of the Commissioner, if otherwise admissible; and

Those who have been identified by competent authorities, local and
foreign, as having engaged or are engaging in importation of contra
bands and other prohibited articles into the country

SEC. 7S-A. Minor Persons/ Minority.- Persons under fifteen (15) years of age, and
not accompanied by or not coming to a parent, may be admitted: Provided, That the written

25


consent of either parent allowing them to travel is presented. The written consent must cite
the purpose of the travel and must be affirmed by the Philippine Consular post in the minor's
country of origin.

SEC. 79. Temporary Detention of Excludable Foreigners. - For the purpose of
ascertaining whether a foreigner arriving in the Philippines belongs to any of the excludable
classes of foreigners provided for in this Act or related laws, the Immigration Officer,
for a period not exceeding seventy-two (72) hours, may temporarily detain for
investigation such foreigner either on board the vessel or at a place designated for the purpose
at the expense of the master, captain, agent, owner or consignee of the carrying vessel.

SEC. 80. Finality of Exclusion Order. - An order by the Immigration Officer to
exclude a foreign national who is excludable under Section 78 hereof is final and executory
unless revoked by the Commissioner upon a timely appeal prior to the implementation of the
exclusion order. -

SEC. 81. Authority to Waive Grounds for Exclusion. - Except for grounds of
exclusion under Section 78(4), subparagraphs 1 to 8 and subparagraph 9, the Commissioner
may waive any of the grounds for exclusion mentioned therein.

SEC. 82. Procedure of Removal and Cost Thereof. - Any foreign national arriving in
the Philippines who is ordered excluded shall be immediately removed in the same arrived,
unless the Commissioner determines that immediate removal is not proper and practicable.
The cost of detention and other expenses incidental thereto shall be borne by the owner,
operator, master, pilot, captain, agent or consignee of the vessel on which he/she arrived.

SEC. 83. Country Where Removal is to be Directed. - If the government of the
country designated in the preceding section will not accept the foreign national into its
territory, his/her removal shall be directed by the Commissioner in his/her discretion and
without necessarily giving preference, either to:

A) The country which he/she is a citizen or national;

B) The country of birth;

C) The country of his/her habitual residence; or

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

SEC. 84. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or
Consignee. - It shall be unlawful for an owner, operator, master, captain, pilot, agent, or
consignee of a vessel to refuse or fail to:

A) Board a foreigner, ordered, excluded and removed under Section 78 hereof in
the same vessel or another vessel owned or operated by the same company;

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

C) Deliver a foreign national for medical or other examinations when so ordered
by such officer,

D) Remove a foreign national from the Philippines to the country to which his/
her removal has been directed; or

26


vs

E) Pay the cost of detention and other expenses incidental thereto of a foreign
national incurred while being detained as required by Section 82 of this
Act or other costs necessary or incidental to his removal as provided in this
Act.

SEC. 85. Penalty for Non-compliance of Obligation. - The owner, operator,
master, captain, pilot, agent, or consignee of a vessel who violated Section 84 hereof shall
pay the fines prescribed under this Act. No such vessel shall be granted clearance from any
port in the Philippines while such fines remain unpaid or while the validity thereof is being
determined: Provided, That clearance may be granted prior to such determination upon
deposit of a sum or cash bond sufficient to cover such fines as approved by the
Commissioner.

TITLE V
DEPORTATION
CHAPTER 1
SEC. 86. Classes of Deportable Foreigners. - The following foreigners shall be
arrested upon the order of the Commissioner and deported upon recommendation by the
Board of Special Inquiry and approval by the Board:

A) Those that entered the Philippines by means of false and misleading
statements or documents, misrepresentations or without inspection and
admission by the immigration authorities;

B) Those that entered the Philippines who were not lawfully admissible at the
time of entry;

C) Those who engage, abet or aid in the practice of prostitution including the
owner, manager or inmates of a house of prostitution or are procurers,
pedophiles or sexual perverts;

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

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

F) Those who believe in, advise, advocate or teach the overthrowing by force
and violence of the Government of the Republic of the Philippines, or
duly constituted authority, or those who do not believe in or are opposed to
organized governments, or those who advise, advocate or teach the assault or
assassination of public officials by Reason of their office, or those who advise,
advocate or teach the unlawful destruction of property, or those who are
members of or affiliated with any organization entertaining, advocating or
teaching such doctrines, or those who in any manner whatsoever extend
assistance, financial or otherwise, in the dissemination of such doctrines;

G) Those who, at any time after entry, engage in, abet, aid or finance any
terrorist activity;

H) Those who commit any violation of the provisions of this Act, independent of
any criminal action which may be brought against them: Provided, however,
that in the case of a foreigner who, for any reason, is convicted and
sentenced to suffer both imprisonment and deportation, said foreigner shall
first serve the entire period of his/her sentence before being deported:
Provided, further, That the penalty of imprisonment may be waived by the

27


President upon payment by the foreigner concemed of such costs, fines and/ or
damages, if any, awarded to the government or any aggrieved party; (i) Those
who, at any time after entry, are engaged in acts or omissions punishable
under Philippine penal laws cognizable by the Regional Trial Courts and the
Sandiganbayan;

1) Those who, at any time after entry, are convicted by final judgment of a
crime punishable under Philippine penal laws cognizable by the first level
courts;

J) 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;

K) Those who defraud their creditors by absconding or alienating properties to
prevent their attachment or execution;

L) _ 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;

M) __ Those who violated Philippine labor and taxation laws, rules and regulations;

N) Those who, upon prior investigation and hearing, are found to be undesirable
and whose further stay in the Philippines is inimical to public welfare and
interest, or the dignity of the Filipinos, or the Republic of the Philippines as a
sovereign nation;

©) Those who forge, counterfeit, alter or falsely make any document; or use,
attempt to use, possess, obtain, accept or receive or provide any forged,
counterfeit, altered or falsely made document; or use, attempt to use, provide,
attempt to provide, accept or receive a genuine document, even of another
person, without authority to do so for the purpose of satisfying or complying
with the requirements for his/her stay in the Philippines; and

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

SEC. 87. Non-Prescription of Deportation Cases. - The right of the State to initiate
at any time deportation proceedings shall not prescribe: Provided, that no deportation
proceedings and orders shall be had against foreigners facing preliminary investigation,
prosecution and trial before competent authorities.

CHAPTER 2
DETENTION AND DEPORTATION OF FOREIGN NATIONALS

SEC. 88. Issuance of Summons. - \f the Commissioner determines that there exists a
reasonable ground to deport a foreigner pursuant to Section 86 of this Act, he/she may issue
summons requiring the foreigner to appear in person before the designated investigating
officer at the time, date and place stated therein.

SEC. 89. Authority to Issue Letter Order. - The Commissioner may issue a letter
order for the detention of a foreigner if he/she determines that a probable cause exists for the
filing of deportation charges against a foreigner for violation of immigration and other related
laws, rules and regulations or there is a strong probability that a deportable foreigner may flee
from his/her place of abode, go into hiding or surreptitiously leave the country.

28


SEC. 90. Formal Charge of Deportation. - A formal charge for deportation shall be
issued upon determination of the existence of a prima facie case against the foreigner.
Pending final determination of his/her deportation case, the foreigner shall, upon the
discretion of the Commissioner: (a) remain under detention; or (b) be released on bail or
recognizance. The bail may be revoked and confiscated in favor of the government if there is
sufficient evidence that the foreigner is evading the proceedings or is attempting to abscond,
in which case he/she shall be taken into custody and placed under detention by order of the
Commissioner.

SEC. 91. Detention of a Foreigner Convicted of a Felony or an Offense. - After
service of his/her sentence or compliance with the conditions of his/her parole or probation,
as the case may be, the foreigner shall be taken into custody and placed under detention by
order of the Commissioner. Pending final determination of the deportation case, the foreigner
may be ordered released under such terms and conditions prescribed by the Commissioner.

SEC. 92. Voluntary Deportation, When Authorized. - In case the foreigner does not
contest the formal charge against him/her and opts to voluntarily leave the country at his/her
‘own expense, the Commissioner may waive the deportation proceedings and order the
departure within the period specified in the voluntary deportation order, except in cases of
violations of laws such as Republic Act No. 8042 otherwise known as the "Migrant Workers
and Overseas Filipinos Act of 1995": Provided, That he/she has not committed any criminal
offense or has no pending case in court: Provided, further, that the said foreigner so deported
shall be barred from re-entering the country without prior written authorization from the
Commissioner.

SEC. 93. Contents of an Order or Warrant of Deportation.- The order ot warrant of
deportation shall be in the form prescribed by the Commissioner and shall state the grounds
therefor, the specific place where the foreigner is to be deported and the period within which
to execute such order.

SEC. 94. Period to Enforce Order of Deportation. - The order of deportation shall
be enforced immediately but in no case shall exceed three (3) months from the date it has
become final and executory. If deportation is not enforced within the prescribed period for
reasons beyond the control of the Commissioner, the foreigner shall remain in custody.

SEC. 95. Suspension of Deportation Order. - Upon application and payment of the
prescribed fees by the concerned foreigner, the Commissioner may suspend the
implementation of the deportation order and order his/her release for good cause, taking
into account the following factors:

A) Age, health, family or conduct;

B) Period of detention;

C) Impact on national security and public welfare;
D) — Unavailability of travel documents;

E) _ Existence of an application for refugee status; or
F) Other humanitarian considerations.

SEC. 96. Reinstatement of a Deportation Order. - A deportation order previously
implemented against a foreigner who unlawfully re-entered the Philippines shall be deemed

29


automatically reinstated and shall be implemented in accordance with this Act. This provision
shall also apply to a foreigner who departed voluntarily under Section 92 hereof.

SEC. 97. Country of Destination of a Deportee. - Except as provided for under
existing treaty or international agreement, a foreigner shall be deported to the country of
which he/she is a citizen or national, or to the country of his/her birth, or to the country of
which he/she is a resident, or to the country from which he/she embarked for the Philippines,
‘subject to the acceptance by the receiving country.

SEC. 98. Existence of Danger in the Country Where a Foreigner is to be Deported.
- No foreigner shall be deported to a country where there exists a danger to his/her life or
freedom on account of race, religion, nationality, political opinion or membership in a
particular political or social group, except in the following circumstances:

A) The foreigner participated, induced or cooperated in the persecution of any
person on account of race, religion, nationality, political opinion or
membership in a particular political or social group in the country where
he/she is to-be deported;

B) The foreigner is a fugitive from justice in the country where he/she is to be

deported;

C) The foreigner committed a serious non-political crime in the country where
he/she is to be deported; or

D) The foreigner is undesirable in and/or a danger to the national security of the
Philippines.

SEC. 99. Cost of Deportation. - The cost of deportation shall be borne by the owner,
operator, captain, master, pilot, agent or consignee of a vessel in case its foreign crewmember
is to be deported for violation of Section 100 of this Act. In all other cases, the Cost of
deportation shall be borne by the deportee himself/herself, the concerned consular office,
nongovernment organizations or people's organizations with which the Commission has an
agreement on this matter, or from the appropriations for the enforcement of this Act.

SEC. 100. Liability of Owner, Operator, Captain, Master, Pilot, Agent or
Consignee of a Vessel. - Failure or refusal on the part of the owner, operator, captain, master,
pilot, agent or consignee of a vessel to take on board, guard safely and transport the deportee
to his/her country of destination, or to shoulder the cost of deportation of the foreign crew
member as provided in Section 99 hereof, shall be punished by an administrative penalty
prescribed under this Act.

SEC. 101. Expenses of Accompanying Person. - The Commissioner may, by reason
of the mental or physical condition of the deporte, direct an employee of the Commission
to accompany such deportee to the country of his/her destination, subject to the provisions of
the immediately preceding sections.

CHAPTER 3
INDIGENT FOREIGNERS

SEC. 102. Deportation of Indigent Foreigners. - At any time after entry, the
Commissioner may deport indigent foreigners from the Philippines to the country of which

30


they are citizens or nationals, or country of birth, or country of residence, as the case may be.
The cost of deportation may be charged against the available funds of the Commission. Any
foreigner deported under this section shall be barred re-admission except upon written
authorization of the Commissioner.

This provision shall not apply to a foreigner declared as an indigent by any Philippine
court for purposes of filing a case or to pursue a cause of action which resulted in his/her
indigency until such action is resolved with finality: Provided, that no other grounds
for deportation exist during the pendency of the same.

TITLE VI
MISCELLANEOUS PROVISIONS
CHAPTER 1
REGISTRATION OF FOREIGN NATIONALS

SEC. 103. Requirement of Registration. - A temporary foreign visitor must register
with the Commission or any Immigration Office nearest his/her place of residence on or
before the sixtieth (60th) day of his/her arrival in the Philippines.

SEC. 104. Registration Form and Oath. - Applications for registration shall be
under oath and in such form as prescribed by the Commission. Upon registration, a certificate
of registration shall be issued by the Commission to the registrant. In case of loss or
destruction of the certificate, a replacement thereof may be issued by the Commission upon
proper application and payment of prescribed fees.

SEC. 105. Amendment of Registration. - A registered foreign national shall notify
the Commission in writing of any change of information in his/her registration documents not
later than seven (7) days thereof.

SEC. 106. Presentation of Certificate of Registration. - Every foreigner required to
register under this Act or the parent or guardian of such foreigner shall, upon demand of any
authorized immigration official, present his/her certificate of registration, and failure to do
so without justifiable cause shall be dealt in accordance with the provisions of this Act.

SEC. 107. Reportorial Requirements. - Every foreigner registered under this Act
shall, within the first sixty (60) days of every calendar year, report in person to the
Commission subject to the payment of prescribed fees. The parent or legal guardian of
foreigners below fourteen (14) years of age shall have the duty to comply with the
requirements prescribed under this Act.

SEC. 108. Failure to Comply with Requirements. - A foreigner, or his/her parent or
guardian, as the case may be, who, without justifiable reason, fails to comply with all the
requirements under this Act, or who files an application for registration containing statements
known by him/her to be false, or who utilizes registration documents other than his/her own,
shall be dealt with in accordance with the provisions of this Act and other existing laws.

SEC. 109. Cancellation of Registration of Foreign National. - in case of death of a

foreigner registered under the provisions of this Act, his/ her legal heir, representative
or administrator must inform the Commission within sixty (60) days from death and

31


the Commission shall cancel such registration. ‘The Local Civil Registrar or other civil
registry officer of the locality where said foreigner died shall furnish the Commission with a
copy of the Certificate of Death within thirty (30) days from issuance thereof. Failure on the
part of the persons concerned to comply with the requirements of this section shall be dealt
with pursuant to the provisions of this Act.

CHAPTER2
BONDS AND DEPOSITS

SEC. 110. Bonds, When Required. - The Commission shall have the authority to
require cash bonds in such amounts and under such conditions as it may prescribe:

A) To control and regulate the admission into, and departure from, the Philippines
of foreigners applying for temporary admission;

B) To insure against foreign passengers liable to be excluded as likely to become
public Charges; and

C) To insure the appearance of foreigners released from custody during the
course of deportation proceedings instituted against them.

SEC 111. Requirement of Cash Deposits for Overtime Services.- The Commission
shall likewise have the authority to require cash deposits in such amounts as may be
necessary from vessel's owner, operator, captain, master, pilot, agent, or consignee or other
persons served to cover payments for overtime services to be performed by officers and
employees of the Commission.

SEC 112. Cancellation and Forfeiture of Bonds. - When the conditions of the bond
are fulfilled, or in case of a bond posted to insure against a foreigner becoming a public
charge, when the Commissioner decides that the likelihood no longer exists, or death of the
foreigner in whose behalf the bond is posted, the bond shall be cancelled and released to the
depositor or his/her 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 passage tickets of indigent deportees and to cover the costs of operations in the
arrest of a deporte who jumps bail.

CHAPTER 3
RECOGNIZANCE

SEC 113. Petitions for Recognizance, Sanction for Breach of Conditions. —The
Commissioner may order the release of a foreigner upon recognizance of his/her lawyer or a
person who is of good standing in the community, under such terms and conditions as he/ she
may prescribe. Failure to comply with the terms and conditions of the recognizance shall
subject said lawyer or person to a fine of not less than Fifty thousand pesos (P 50,000.00) but
not more than One hundred thousand _pesos(P 100,000.00), without prejudice to other
administrative sanctions and/ or proceedings against the erring party.

32


CHAPTER 4
COOPERATION AND COORDINATION WITH OTHER OFFICES,

SEC. 114. Working Cooperation with the Department of Foreign Affairs. - For
purposes of efficient implementation and administration of this Act, the Commission shall
maintain a working cooperation with the Department of Foreign Affairs.

SEC. 115. Working Cooperation with the Commission on Higher Education.-
The Commission shall maintain a working cooperation with the Commission on Higher
Education with respect to accreditation of schools and learning centers for enrolment of
foreign students as authorized under this Act.

SEC. 116. Coordination with Law Enforcement, Security and Other Offices.
The Commissioner shall have authority to maintain coordination with the National Security
Council, the Philippine National Police, and other law enforcement agencies of the
government.

CHAPTERS 5
FEES AND CHARGES

SEC. 117. Authority of the Commissioner to Prescribe, Impose and Collect Fees
and Charges. - The Commissioner is authorized to prescribe, impose and collect fees and
charges for services rendered pursuant to the provisions of this Act, which shall take effect
fifteen (15) days after the last publication thereof for two (2) consecutive weeks in a
newspaper of general circulation.

SEC. 118. Head Fee. - Every foreign national who is at least fourteen (14) years of
age and admitted to the Philippines for a temporary stay exceeding sixty (60) days shall pay a
head fee in an amount to be fixed by the Board.

CHAPTER 6
ADMINISTRATIVE FINES AGAINST VESSELS

SEC 119. Fine for Failure to Submit Crew List or Passenger Manifest, or Failure
to Account Every Passenger and Crew. - Any pilot, master, agent, owner or consignee of a
vessel arriving at any port in the Philippines from a place outside thereof who fails to submit
to the immigration authorities a complete and accurate crew list or passenger manifest, or
fails to produce or account every crewmember or passenger whose name appears in said list
or manifest shall be subject to fines of One hundred thousand pesos (P 100,00.00) and Fifty
thousand pesos (P 50,000.00) for each unaccounted person, respectively.

SEC 120. Fine for Violation of Obligation on the Landing or Removal of
Foreigners. - A pilot, master, agent, owner or consignee of any vessel arriving at a port of the
Philippines from a place outside thereof in violation of this Act shall be fined not less than
Fifty thousand pesos (P 50,000.00) but not more than Two hundred thousand pesos
(P200,000.00) for each violation.

33


SEC 121. Fine for Bringing Undocumented Foreigner, or Foreigner Afflicted with
Communicable or Contagious Disease, or Suffering from Mental Disorder.- The pilot,
master, agent, owner or consignee of the vessel arriving at a port in the Philippines from a
place outside thereof bringing on board an undocumented foreigner shall be fined One
hundred thousand pesos (P 100,000.00) for each foreigner. If the foreigner is afflicted with
a communicable or contagious disease or is suffering from mental disorder, the fine shall be
not less than Two hundred thousand pesos (P200,000.00) but not more than Three hundred
thousand pesos (P300,000.00) for each foreigner.

SEC. 122. Fine for Bringing a Foreigner to Assist His Mlegal Entry or
Misrepresenting a Foreigner as a Member of the Crew.- The pilot, master, agent. Owner or
consignee of the vessel arriving at any port in the Philippines from a place outside thereof
bringing on board a foreigner bound for the Philippines to assist his/her illegal entry,
or misrepresenting the foreigner to the immigration officer at the port of arrival as a bona fide
member of the crew, shall be fined not less than One hundred thousand pesos (P100,000.00)
but not more than Two hundred thousand pesos (P200,000,00) for each foreigner.

SEC. 123. Fine for Violation of Other Provisions of this Act. - The pilot, master,
agent, owner or consignee of any vessel arriving at any port of the Philippines from a place
outside thereof who violates any other provision of this Act not specifically provided in this
Chapter shall be fined not less than Fifty thousand pesos (P50,000.00) but not more than Two
hundred thousand pesos (P200,000.00) for each violation.

CHAPTER7
OTHER PENAL PROVISIONS

SEC. 124. Other Prohibited Acts and Penalties Thereof. - Any person who shall
commit any of the acts specified hereunder shall, upon conviction, suffer the penalty
of prison correctional in its maximum period to prison mayor in its minimum period or a fine
of not less than One hundred thousand pesos (P100, 000.00) but not more than Five hundred
thousand pesos (P500, 000.00) or both, at the discretion of the court:

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;

Cc) Obtains, manufactures, prints, accepts or uses any immigration or travel
document knowing it to be false or uses immigration accountable form that is
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) _ Misrepresents himself/herself to be a Philippine citizen;

F) Knowingly makes under oath any false statement regarding any immigration
matter; or

G) __ Brings into, or lands in the Philippines, or conceals, harbors, employs, or gives
comfort to any person not duly admitted by any immigration officer or not

34


lawfully entitled to enter into or resides within the Philippines, or attempts,
conspires with, or aids another to commit any such acts.

Where the offender of any acts specified in paragraph (g) of this section 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 of the
employee by the employer before or after apprehension shall not relieve such employer from
any liability arising from the offense: Provided, That if the offender is the pilot, master,
agent, owner, consignee, or other person in charge of the vessel which brought the foreigner
into the Philippines from any place outside thereof, the fine imposed under this section shall
constitute a lieu 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 is justified under the
particular circumstances of the case, the forfeiture of the vessel in favor of the government in
lieu of the fine shall be decreed.

Conviction by final judgment of any offense punishable under this Act or other
related laws shall result inthe automatic revocation or cancellation of any immigration
document issued to the offender, inducing that of his/her spouse and unmarried children, if
applicable.

SEC. 125. Penalty for Non-compliance of Subpoena. - Any person who, having been
duly served with a subpoena, fails to comply without valid and justifiable reasons shall, upon
conviction, suffer the penalty of imprisonment of not more than fifteen (15) days or a fine of
not more than One thousand pesos (P1,000.00), or both, at the discretion of the court.

SEC. 126. Penalty for an Overstaying Crewmember. - Any foreign crewmember
who wilfully remains in the Philippines beyond the period allowed him/her for temporary
landing shall, upon conviction, suffer the penalty of imprisonment of six (6) months or fine of
not less than Fifty thousand pesos (P50,000.00) but not more than One hundred thousand
pesos (P100,000.00), or both, at the discretion of the court.

SEC. 127. Imposition of Maximum Penalty, When Applicable. - A person convicted
under Republic Act No. 3019, as amended, otherwise known as the "Anti-Graft and Corrupt
Practices Act", or other laws against corruption and bribery who shall violate or circumvent
any provisions of this Act shall, upon conviction, suffer the maximum penalty for such
offense as provided under this Act.

CHAPTER 8
FUNDING

SEC. 128. Funding. - In addition to its annual budget under the General
Appropriations Act, the Commission is hereby authorized to retain and use fifty percent
(50%) of its income derived from collection of immigration fees, fines, penalties and charges
to pay hazard pay, subsistence allowance and other monetary benefits at rates fixed by the
Commissioner and for maintenance and other operating expenses, intelligence and law
enforcement, information and communication technology infrastructure, transportation
facilities and other capital outlay expenditures. The Commission is likewise hereby
authorized to retain and use its income in excess of the prescribed collection target.

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lawfully entitled to enter into or resides within the Philippines, or attempts,
conspires with, or aids another to commit any such acts.

Where the offend.er of any acts specified in paragraph (g) of this section 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 of the
employee by the employer before or after apprehension shall not relieve such employer from
any liability arising from the offense: Provided, That if the offender is the pilot, master,
agent, owner, consignee, or other person in charge of the vessel which brought the foreigner
into the Philippines from any place outside thereof, the fine imposed under this section shall
constitute a lieu 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 is justified under the
particular circumstances of the case, the forfeiture of the vessel in favor of the government in
lieu of the fine shall be decreed.

Conviction by final judgment of any offense punishable under this Act or other
related laws shall result in the automatic revocation or cancellation of any immigration
document issued to the offender, inducing that of his/her spouse and unmarried children, if
applicable.

SEC. 125. Penalty for Non-compliance of Subpoena. - Any person who, having been
duly served with a subpoena, fails to comply without valid and justifiable reasons shall, upon
conviction, suffer the penalty of imprisonment of not more than fifteen (15) days or a fine of
not more than One thousand pesos (P1,000.00), or both, at the discretion of the court.

SEC. 126. Penalty for an Overstaying Crewmember. - Any foreign crewmember
who wilfully remains in the Philippines beyond the period allowed him/her for temporary
landing shall, upon conviction, suffer the penalty of imprisonment of six (6) months or fine of
not less than Fifty thousand pesos (P50,000.00) but not more than One hundred thousand
pesos (P100,000.00), or both, at the discretion of the court.

SEC. 127. Imposition of Maximum Penalty, When Applicable, - A person convicted
under Republic Act No. 3019, as amended, otherwise known as the "Anti-Graft and Corrupt
Practices Act", or other laws against corruption and bribery who shall violate or circumvent
any provisions of this Act shall, upon conviction, suffer the maximum penalty for such
offense as provided under this Act.

CHAPTER 8
FUNDING

SEC. 128. Funding. - In addition to its annual budget under the General
Appropriations Act, the Commission is hereby authorized to retain and use fifty percent
(50%) of its income derived from collection of immigration fees, fines, penalties and charges
to pay hazard pay, subsistence allowance and other monetary benefits at rates fixed by the
Commissioner and for maintenance and other operating expenses, intelligence and law
enforcement, information and communication technology infrastructure, transportation
facilities and other capital outlay expenditures. The Commission is likewise hereby
authorized to retain and use its income in excess of the prescribed collection target.

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CHAPTER 9

SEC. 129. Staffing Pattern and Salary Schedule. - To carry out the provisions of
this Act, the Commissioner shall submit a new staffing patter and salary schedule 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. 130. Reorganization of the Commission. - Upon approval of this Act, all
employees of the Bureau of Immigration covered by the civil service law and regulations
shall continue to hold their present positions pending the reorganization .of the
Commission in accordance with the new staffing pattern: Provided, That the salaries, wages,
allowances and other benefits of incumbent officers and employees of the Commission shall
not be subject to diminution: Provided, further, That in the event that the positions are
abolished in accordance with the reorganization, the affected employees shall be retained.
Provided, finally, That employees who have been dismissed for cause shall no longer qualify
for anyposition in-the Commission.

SEC. 131. Inventory and Transfer of Properties, Accounts, Assets, Liabilities and
Obligations to the Commission. All buildings, properties, equipment, facilities, accounts,
other assets, liabilities and other obligations as well as records of the Bureau of Immigration
shall be properly inventoried and transferred to the Commission.

SEC. 132. Treaty or Agreement. - Any treaty or agreement entered into between the
Philippines and .any foreign state before the affectivity of this Act shall remain in force and
effect.

SEC. 133. Pending Cases. - Any prosecution, suit, action, proceeding, or any act or
matter, civil or criminal, pending at the time of the affectivity of this Act shall not be affected
by the provision of this Act unless otherwise applicable.

CHAPTER 10
ADMINISTRATION AND IMPLEMENTATION

SEC. 134. Administration and Implementation Abroad. - The administration and
implementation of this Act abroad, including the rules and regulations as well as policies
arising from it shall be the responsibility of the Department of Foreign Affairs through
Philippine diplomatic and consular establishments.

SEC. 135. Implementing Rules and Regulations. - The Commission, upon
consultation with the Department of Foreign Affairs and other concerned government
agencies or offices and subject to the approval by the Secretary, shall promulgate the rules
and regulations for the implementation of this Act within one hundred twenty (120) days
from its effectivity.

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CHAPTER 10
FINAL PROVISIONS

SEC. 136. Separability Clause. - If any of the provisions of this Act is held invalid
or unconstitutional the other provisions not affected thereby shall continue to be in force and
effect.

SEC. 137. Repealing Clauses. - (a) Commonwealth Act No. 613, otherwise known
as the Philippine Immigration Act of 1940, as amended, is hereby repealed; (b) All laws,
presidential decrees, executive orders, proclamations, memorandum orders, instructions,
rules and regulations or parts thereof inconsistent with this Act are hereby amended or
modified accordingly.

SEC. 138. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,

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