NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
S.B. No. 410
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*22 JUL 12 P4 50
RtCEIViD DV.
Introduced by SENATOR IMEE R. MARCOS
AN ACT
MODERNIZING THE BUREAU OF IMMIGRATION, DEFINING 
ITS POWERS AND FUNCTIONS, EXPANDING, RATIONALIZING AND 
FURTHER PROFESSIONALIZING ITS ORGANIZATION, UPGRADING 
THE COMPENSATION AND BENEFITS OF ITS OFFICIALS AND 
EMPLOYEES, AND APPROPRIATING FUNDS THEREFOR
EXPLANATORY NOTE
The 1987 Constitution provides that the prime duty of the government is to 
serve and protect the people. It further provides that the maintenance of peace and 
order, the protection of life, liberty, and property, and the promotion of the general 
welfare, are essential for a democratic government.
This bill seeks to modernize Commonwealth Act No. 613 otherwise known as 
the "Philippine Immigration Act of 1940"is now seventy-nine (79) years old! 
While several laws have been enacted to address more recent national concerns, such 
as: R.A. No. 9165 otherwise known as the "Comprehensive Dangerous Drugs Act of 
2002" R.A. 9208 otherwise known as the "Anti-Trafficking in Persons Act of 2003," 
R.A. 9372 otherwise known as the "Human Security Act of 2007" and R.A. 10168 
otherwise known as the "Terrorism Financing Prevention and Suppression Act of 
2012/'a thorough and substantial revamp of the Philippine immigration law has not 
been undertaken yet.
Former President Rodrigo Roa Duterte's war against illegal drugs launched in 
2016 is challenged by drug syndicates, operating international courier and smuggling 
networks, largely unabated through national airports, ports, and other points of entry. 
The Philippine Drug Enforcement Agency (PDEA) admits that at least four international 
drug cartels freely trade within Philippine territory, including the notorious Golden 
Triangle syndicate, which is owned by both the massive Batangas and Malabon 
laboratories. Obviously, modern syndicated crime, utilizing transnational organizations 
and digital technologies, is hardly contemplated by the antiquated Commonwealth Act 
No. 613 that governs the Philippine immigration.


During the Senate hearings last Congress, an elaborate bribery strategy now 
infamously called the "pastiHas"sc\\en\e. was revealed, which Involved high-raking to 
rank-and-file employees of the Bureau, and their highly irregular and dubious issuance 
of the Visa-Upon-Arrival (VUA) allowed them to issue "special employment visa^' to 
119,000 foreigners In 2018 alone. This paved the way for the influx of Philippine 
Offshore Gaming Operators (POGOs) and traffickers in the country. As a result, the 
Department of Justice ordered the dismissal of eighteen (18) officers and employees 
of the Bureau after being found guilty of grave misconduct, gross neglect of duty, and 
conduct prejudicial to the best interest of the seivice.
Given therefore the critical role of the Bureau of Immigration as the nation's 
main gatekeeper, it is vital that Commonwealth Act 613 and the Bureau of Immigration 
be finally modernized and be brought up to the challenges of the present age.
Hence, some of the salient points of this proposed bill are the following:
(a) The reorganization of the structure of the Bureau of Immigration and the 
upgrading of the existing positions of its operations and administrative personnel 
to adequately meet the country's rapidly Increasing immigration services;
(b) the expansion of the functions of the Commissioner, the Deputy Commissioners 
and the Board of Commissioners;
(c) the prohibition of the conversion of "A Visa' to employment visa;
(d) the strengthening of the Bureau's role in border control; and
(e) the provision of sanctions for failure to provide advanced passenger Information 
to the Bureau.
In view of the foregoing, the immediate approval of this bill is sought.
IMEE R. MARCOS


NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
S.B. No.
SENATE
410
iw. !t
ofoics?'
'22 JUL 12 P4 SO
RECEIVED iK...
Introduced by SENATOR If !EE R. MARCOS
AN ACT
MODERNIZING THE BUREAU OF IMMIGRATION, DEFINING 
ITS POWERS AND FUNCTIONS, EXPANDING, RATIONALIZING AND 
FURTHER PROFESSIONALIZING ITS ORGANIZATION, UPGRADING 
THE COMPENSATION AND BENEFITS OF ITS OFFICIALS AND 
EMPLOYEES, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Phiiippines in Congress 
assembled:
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TITLE I
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GENERAL PROVISIONS
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SECTION 1. Short Title. - This Act shall be known as the "Bureau of Immigration
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Modernization Act"
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SEC. 2. Declaration of Policy. - In the conduct of its relations with other States,
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the Philippines shall give paramount consideration to national sovereignty, territorial
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integrity, national security, national interest, the right to self-determination, the
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enhancement of economic diplomacy, and the protection of overseas Filipinos in
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destination countries as it adheres to the policy of peace, cooperation and amity with
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all nations.
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To this end, Philippine immigration policies, rules and regulations under this Act
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shall be applied and administered as instruments for the promotion of domestic and
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external interests of the Philippines, in recognition of:
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(a) the admission of foreign nationals for the purpose of encouraging and enhancing
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capital investments, trade and commerce, cultural exchanges and other forms of
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friendly relations and cooperation;
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(b) the need to support technological and scientific development in the country;
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(c) the promotion of conditions for social welfare and economic security of the
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people;


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(d) the fulfillment of obligations and compliance with standards set by international 
law in the admission or exclusion of foreign nationals;
(e) the modernization of structures and mechanisms necessary for the 
administration of immigration laws in keeping with the changing demands of the 
country's role In the global community; and
(f) the professionalization of the immigration service by instituting a rigid system of 
screening and selection of immigration officials and employees and promoting 
their development.
SEC. 3. Definition of Terms. - As used in this Act:
(a) Admission refers to the process by which a foreign national arriving at a port of 
entry in the Philippines is allowed into the country whereby a status or entry 
category is granted by the immigration authorities;
(b) Border Control Officer refers to any person tasked to man the Border Control 
Checkpoints authorized as provided in this Act,
(c) Captain refers to the master of a vessel or pilot of an aircraft;
(d) Child ox children refers to a person or persons below eighteen (18) years of age;
(e) 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;
(f) Commissioner refers to the Commissioner of the Bureau of Immigration;
(g) Commitment Order refers to an order issued by the Commissioner under this Act 
that directs the taking into custody of a foreign national after It has been 
determined that probable cause exists that the foreign national committed acts 
or omissions in violation of Philippine immigration laws, rules and regulations, or 
during the pendency of deportation proceedings against such foreign national: 
Provided, That such custody shall not exceed three (3) months, unless there 
exists other legal grounds for continued custody;
(h) Consular Officer refers to any consular, diplomatic, or other officer of the 
Department of Foreign Affairs (DFA) who has been duly granted a consular 
commission for the purpose of issuing visas under this Act;
(i) Derogatory Information refers to details about persons and travel documents 
relating to Immigration consisting of the following:
(1) Blacklist Order refers to an order issued by the Commissioner that prevents 
a foreign national from entering the territorial jurisdiction of the Philippines;
(2) Hold Departure Ordeir(HDO) refers to an order issued by the Commissioner 
preventing a foreign national from leaving the territorial jurisdiction of the 
Philippines in cases where bail or recognizance is granted pending


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implementation of a Deportation Order, or a directive implementing an
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order issued by the appropriate court preventing a person from leaving the
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territorial jurisdiction of the Philippines; and
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(3) Monitor O/r/er refers to an order issued by the Commissioner under this Act
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that requires immigration personnel to monitor the travel of any person for
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a period of thirty (30) days, and to notify the concerned government
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agencies of the Philippines;
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(4) Temporary Travel Restriction(TTRO) refers to a document issued by the
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Secretary of Justice, or his authorized representative, against a respondent
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in a case subject of preliminary investigation when the minimum imposable
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penalty is six (6) months and one (1) day or when the offender is a
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foreigner regardless of the imposable penalty, directing the Bureau of
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Immigration to prevent the subject thereof from leaving the Philippines for
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a period of sixty (60) days from issuance of the order, unless the handling
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prosecutor recommends the filing of the appropriate case before the
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Regional Trial Court, which has the authority to issue HDOs. The TIRO may
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be extended for another sixty (60) days, but without prejudice to the filing
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of an Allow Departure Order.
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0) £/7f/y refers to the arrival of a foreign national into any designated port of entry
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in the Philippines from a place outside the Philippine territorial jurisdiction. A
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foreign national having a lawful permanent residence in the Philippines shall not
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be regarded as making an entry for the purpose of this Act if such foreign
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national proves that the departure to a place outside the Philippines was for a
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temporary or limited period, or the continued absence from the Philippines was
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occasioned by deportation proceedings, extradition, or any other legal process;
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(k) Exclusion refers to the act of Immigration Officers denying admission of a foreign
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national into the country on grounds provided In this Act;
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(I) Foreign national or alien refers to any person who is not a citizen of the
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Philippines;
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(m) Immigrant refers to any foreign national, other than a non-immigrant,-granted
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resident status in the Philippines under the provisions of this Act and other laws
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granting immigrant status;
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(n) Immigration laws refer to this Act and any other laws presently existing or which
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may hereafter be enacted relating to the movement of natural persons to and
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from the Philippines;
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(o) Immigration Officer refers to any person appointed under Title II, Chapter 18 of
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this Act or any employee designated by the Commissioner to perform the powers,
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duties and functions of an Immigration Officer as specified under this Act;


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(p) Non-immigrant refers to any foreign national who Is allowed entry and admission 
into the Philippines for a temporary or limited period of stay;
(q) Non-refouiement refers to a principle of international law which prohibits the 
forced or involuntary return of refugees or those seeking asylum in the 
Philippines to the state or territory where their lives or liberty are threatened;
(r) Passport refers to a document issued by a government to its citizens requesting 
other governments to allow such citizens to pass through or enter into a territory 
of other states safely and freely^ subject to pertinent rules and regulations;
(s) Person refers to a natural person or a juridical person such as, but not limited 
to, partnerships, corporations, companies, and associations;
(t) Port of entry refers to any port designated by the Commissioner through which 
a foreign national may enter or exit the Philippines;
(u) Refugee refers to a person who, owing to a well-founded fear of being 
persecuted for reasons of race, religion, nationality, membership in a particular 
social group, or political opinion, is outside such person's country of nationality, 
and Is unable or, owing to such fear, unwilling to avail of the protection of that 
country; or a person who, not having a nationality and being outside such 
person's country of former habitual residence, is unable or, owing to such fear, 
unwilling to return to it;
(v) Seaman, Seafarer, or Crewmember refers to a person actually employed in the 
operation or service in any capacity on board a vessel;
(w) Stateless person refers to a person who is not considered a national by any state 
under the operation of its laws;
(x) Travel document refers to a certification or identifying document containing the 
description and other personal circumstances of its bearer issued by a 
government to Individuals for travel purposes;
(y) l/e55e/refers to all means of conveyances, whether aircraft or sea craft; and
(z) Visa refers to an endorsement on a passport or any travel document issued by a 
Consular Officer abroad authorizing the holder thereof to proceed to a 
designated port of entry In the Philippines and there to apply for entry and 
admission under the status specified therein; or an endorsement on a passport 
or any travel document granted by the Commissioner or the Board under this 
Act, or by any other person authorized by existing laws.
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TITLE II
THE BUREAU OF IMMIGRATION
CHAPTER 1 
THE BUREAU


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SEC. 4. Overview. - The Bureau of Immigration, hereinafter referred to as the
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"Bureau", shall be under the control and supervision of the Department of Justice
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(DOJ). The Bureau shall be principally responsible for the administration and
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enforcement of this Act, and the implementation of all laws, rules and regulations, or
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orders of any competent authority concerning the entry and admission into, stay in
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and the departure from the Philippines of all persons. The Bureau may seek the
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assistance of other government entities in the enforcement of laws, rules and
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regulations relating to immigration, border control and anti-trafficking in persons.
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CHAPTER 2
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THE BOARD OF COMMISSIONERS
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SEC. 5. Composition and Qualifications of the Board of Commissioners. - The
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Bureau shall be administered by the Board of Commissioners, hereinafter referred to
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as the Board, headed by the Commissioner as Chairperson, and two (2) Deputy
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Commissioners as members, all of whom shall be natural-born citizens of the
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Philippines, holders of a college degree, with proven capacity for administration and,
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at the time of their appointment, at least thirty-five (35) years of age; Provided, That
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at least one of the members shall be a member of the Philippine Bar in good standing
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for at least five (5) years prior to the appointment: Provided, further. That at least
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one (1) member of the Board shall come from the ranks of the Commission.
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SEC. 6. Powers and Functions of the Board. - The Board shall have the following
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powers and functions:
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(a) Decide on applications or cases relative to:
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(1) Deportation;
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(2) Revocation of immigration status;
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(3) Reacquisition and retention of Philippine citizenship under Republic Act No.
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9225, otherwise known as the "Citizenship Retention and Reacquisition Act
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of 2003";
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(4) Issuance and revocation of all visas and permits;
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(5) Declaration of indigence; and
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(6) Legalization of residence in accordance with law.
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(b) Cite and punish for contempt in relation to the discharge of its quasi-judicial
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functions in accordance with the Rules of Court;
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(c) Prescribe and promulgate rules of procedure for proceedings berore it;
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(d) Prepare and publish operations manuals, including schedules of fees for all
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transactions entered into by the Bureau with the public;


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(e) Formulate policies, directives, programs and projects of the Bureau; and
(f) Such other powers and functions as provided in this Act and other existing laws,
rules and regulations not inconsistent with any of the provisions of this Act.
SEC. 7. Decisions of the Board. - All cases or proceedings before the Board shall 
be decided with the concurrence of the majority of the members of the Board. 
Decisions of the Board shall become final and executory fifteen (15) days from receipt 
thereof by the concerned parties. Only one (1) motion for reconsideration shall be 
allowed.
Decisions in deportation cases may be appealed to the Secretary of Justice within 
fifteen (15) days from receipt thereof by the concerned party. The decision of the 
Secretary of the DOJ may be appealed to the Office of the President within (15) days 
from receipt of Judgment. The decision of the Board shall become executory after 
thirty (30) days from promulgation, unless within such period the President shall order 
the contrary.
SEC. 8. Period for Decision by the Board. -The Board shall decide deportation 
cases within sixty (60) days from the date they are submitted for resolution.
SEC. 9. Meetings of the Board. - In all cases, the Board of Commissioners shall 
convene and act as a collegial body in ail matters referred to in Section 6 of this Act. 
The Board shall meet at least once a week or, if necessary, twice a week. Members of 
the Board shall be notified accordingly and the presence of the Chairperson and one 
(1) member shall constitute a quorum.
CHAPTER 3
THE COMMISSIONER AND THE DEPUTY COMMISSIONERS
SEC. 10. Appointment of the Commissioner. - The Commissioner shall be 
appointed by the President and shall have the same rank, salary, and privileges of an 
Undersecretary of a Department.
SEC. 11. Powers and Functions of the Commissioner. - In addition to the duties 
as Chairperson of the Board of Commissioners, the Commissioner shall exercise the 
following powers and functions:
(a) Supervise, direct and coordinate the overall operations of the Bureau;
(b) Appoint, promote, and reassign personnel of the Bureau in accordance with civil 
service laws, rules and regulations, subject to the approval of the Secretary of 
Justice;
(c) Issue the following:
(1) Mission Orders, after determination of the existence of probable cause for 
the purpose of deportation;


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(2) Commitment or Release Orders;
(3) Warrants of Deportation;
(4) Orders to inspect the documents, premises and records of persons covered 
by this Act; and
(5) Derogatory information orders defined in Section 3(i) of this Act;
(d) Delegate authority to subordinate immigration personnel and employees of the 
commission, except the powers and functions enumerated in paragraph (c) of 
this section, which may be delegated only to a Deputy Commissioner;
(e) Act on applications for extension of visas with the concurrence of the Board;
(f) Act on application for study and work permits;
(g) Control the opening and closure of posts, landing places, airports or ports 
classified as points of entry or exit, whether limited or unlimited;
(h) Increase, reduce or waive immigration fines, penalties and other charges;
(i) Issue Certificates of Naturalization to foreign nationals who have been granted 
the Philippine citizenship;
(j) Promulgate rules and regulations as may be necessary or proper for the effective 
discharge of the duties and responsibilities of the officials and personnel of the 
Bureau, and for the effective exercise of the powers and functions of the Bureau;
(k) Deputize, subject to the concurrence of the Board, any official or employee of 
the national government and local government units, including uniformed 
personnel of the Armed Forces of the Philippines, the Philippine National Police, 
and the Philippine Coast Guard to assist immigration personnel in the 
performance of their duties and functions;
(l) Seek the assistance of relevant government agencies for intelligence data 
gathering and sharing;
(m) Authorize and prescribe, with the concurrence of the Board, the form and the 
amount of cash bonds for the provisional release of respondents in deportation 
proceedings;
(n) Impose reasonable fines and penalties for violations of Immigration and alien 
registration laws in accordance with this Act and the guidelines adopted by the 
Board;
(o) Accept donations of materials, equipment or technical services from any foreign 
government. International or domestic organization, to upgrade the efficiency 
and operations of the Bureau;
(p) Provide an express lane system for the rendition of services performed for 
individuals and entities upon payment of fees that may be prescribed, and


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deposit in an authorized government depository bank such fees received under 
a trust fund subject to auditing and accounting rules, fifty percent (50%) of 
which shall be made available for the augmentation of the salaries of the 
employees of the Bureau and fifty percent (50%) of which shall be remitted to 
the national treasury;
(q) Submit to the President and to Congress, annually or as may be directed, a report 
on:
(1) the number and status of foreign nationals in the Philippines;
(2) foreign nationals admitted or granted change of status as permanent 
residents;
(3) foreign nationals who have been excluded or deported from the Philippines;
(4) the estimated number of illegal foreign nationals in the Philippines in each 
calendar year and actions taken to arrest them, grouped by nationality, for 
each region in the Philippines; and
(5) such other transactions of the Bureau:
(r) Determine the manning levels of Immigration Officers of the Bureau nationwide 
In accordance with the number of arrivals in each port of entry as determined by 
the Board: Provided, That for every three hundred (300) passengers there shall 
be one (1) Immigration Officer in an eight-hour shift;
(s) Receive administrative complaints against BI personnel, gather evidence in 
relation thereto, conduct administrative investigation, and transmit complete 
records thereon to the Office of the Secretary through the Internal Affairs Service 
(IAS);
(t) Prepare and submit a supplemental budget, if necessary, for the consideration 
of the Department of Budget and Management (DBM) and Congress;
(u) Prescribe, with the concurrence of the Beard, the appropriate forms, bonds, 
reports, entries and other papers in accordance with this Act;
(v) Require all vessel operators to submit advance passenger information in the form 
prescribed by the Board, and prescribe penalty for the violation hereof;
(w) Engage foreign counterparts pertaining to border control; and
(x) Perform such other functions inherent to the Bureau.
SEC. 12. Appointment and Rank of Deputy Commissioners. - There shall be two 
(2) Deputy Commissioners who shall be appointed by the President. They shall have 
the rank, salary and privileges of an Assistant Secretary of a Department.
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SEC. 13. Duties of Deputy Commissioners. - In addition to their duties as 
members of the Board, the Deputy Commissioners shall supervise a minimum of two 
(2) Divisions and one (1) regional office each as determined by the Commissioner.
CHAPTER 4
THE INTERNAL AFFAIRS SERVICE
SEC. 14. Quaiifications of the Director, Internai Affairs Service (IAS). - An 
Internal Affairs Service (IAS) of the Bureau is hereby created directly under the Office 
of the Secretary of Justice, which shall be headed by a Director who must be a natural- 
born citizen of the Philippines, at least thirty (35) years of age and a member of the 
Philippine Bar in good standing for at least five (5) years prior to the appointment.
SEC. 15. Powers and Functions of the MS. - The IAS shall have the following 
powers and functions:
(a) Conduct inspections and audit over all personnel and units of the Bureau;
(b) Conduct summary hearings of administrative cases initiated against personnel 
appointed by the Commissioner. The Office of the Commissioner shall receive all 
administrative complaints and indorse the same to the Office of the Secretary 
together with Investigation reports and evidence gathered in relation to the 
complaint;
(c) File appropriate criminal cases against BI personnel before the court when 
warranted and assist in the prosecution thereof; and
(d) Provide assistance to the Office of the Ombudsman In cases involving the 
personnel of the Bureau.
CHAPTER 5
THE BOARD SECRETARY
SEC. 16. Quaiifications of the Board Secretary. - There shall be a Board 
Secretary of the Board of Commissioners who must be a natural-born citizen of the 
Philippines, at least thirty (30) years of age and a member of the Philippine Bar In 
good standing for at least five (5) years prior to the appointment.
SEC. 17. Powers and Duties. - The Board Secretary shall:
(a) Attend in and take the minutes of all meetings of the Board;
(b) Prepare the agenda for the deliberation of the Board on visa applications;
(c) Prepare the agenda for the deliberation of the Board on deportation cases as 
endorsed by a member of the Board after initial review;


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(d) Implement the decision of the Board approving visa applications, including 
revalidation;
(e) Keep and manage all records of the deliberation of the Board;
(f) Advise the members of the Board on all matters relative to compliance with 
relevant laws and requirements of regulatory authorities; and
(g) All other functions as may be directed by the Board.
CHAPTER 6
THE BOARDS OF SPECIAL INQUIRY
SEC. 18, Creation of the Boards of Special Inquiry. - There shall be created up 
to five (5) Boards of Special Inquiry (BSI) as required in the exigency of service as 
determined by the Board. Each BSI shall be composed of a Chairperson and two (2) 
members. The BSI shall be designated according to their areas of specialization to be 
determined by the Board.
SEC. 19. Appointment and Quaiifications of the Chairpersons and Members of 
the BSI. - The Chairpersons and members of the BSI shall be appointed by the 
Commissioner, all of whom shall be natural-born citizens of the Philippines and, at the 
time of their appointment, at least thirty (30) years of age, members of the Philippine 
Bar in good standing and engaged in the practice of law for at least three (3) years.
SEC. 20. Powers and Functions of the BSI. - The BSI shall:
(a) Recommend to the Board of Commissioners for final resolution cases and 
applications relative to:
(1) Deportation;
(2) Revocation of immigration status;
(3) Legalization of residence in accordance with law; and
(4) Issuance of visas for stateless persons.
(b) Recommend to the Commissioner for appropriate action cases and applications 
relative to:
(1) Cancellation of alien certificates of registration by marriage; and
(2) Issuance of alien certificates of registration to refugees;
(c) Issue subpoena in cases being heard by the BSI;
(d) In the exercise of its quasi-judicial power, cite and punish persons for contempt 
in accordance with the Rules of Court;
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(e) Recommend to the Board the imposition, waiver or reduction of fees, fines, 
penalties and other charges, subject to existing laws, rules and regulations;
(f) Administer oaths in connection with the performance of their duties, as may be 
authorized by the Board;
(g) Promulgate rules and regulations governing matters within Its assigned mandate 
subject to the approval of the Board; and
(h) Perform such other duties and functions as may be directed by the Commissioner 
or the Board of Commissioners.
SEC. 21. Proceedings Before the BSL - The proceedings before the BSI shall be 
public and recorded. In all cases, the BSI shall meet and act as a collegial body. Only 
members of the Philippine Bar in good standing may appear for and in behalf of any 
party before the BSI.
SEC. 22. Resolutions of the BSL - Cases before the BSI shall be resolved within 
five (5) working days from the date the cases are submitted for resolution. The 
resolution of the BSI shall be submitted immediately to the Board for action.
SEC. 23. Creation of Positions; BSL - The positions created under the BSI shall 
have the following classification and salary grades:
I8
DESIGNATION 21
POSITION
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SALARY GRADE
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Chairperson 22
Attorney V
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Members 23
Attorney IV
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CHAPTER 7
DIVISIONS AND OTHER OPERATING OFFICES OF THE BUREAU
SEC. 24. Divisions and Other Operating Offices of the Bureau. - The Bureau 
shall have the following Divisions and other operating offices, namely:
(A) DIVISIONS:
(1) Administrative;
(2) Alien Registration;
(3) Finance and Logistics;
(4) Human Resource Management and Development;
(5) Immigration Regulation;
(6) Information and Communications Technology;
(7) Intelligence;
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(8) Law Enforcement;
(9) Legal Affairs;
(10) Operations; and
(11) Planning and Research
(B) FIELD OFFICES that shall be created by the Board of Commissioners according
to political or administrative regions.
(C) DISTRICTS:
(1) Major Airports; and
(2) Seaports.
SEC. 25. Heads of the Divisions and Other Operating Units. - Each Division shall 
be headed by a Division Chief with a Salary Grade of 25: Provided, That the Chief for 
Legal Affairs shall be a member of the Philippine Bar in good standing and must have 
been engaged In the practice of law for at least three (3) years, and that the Chief for 
Finance and Logistics shall be a Certified Public Accountant in good standing for at 
least three (3) years.
The Regional Offices shall be headed by a Supervising Immigration Officer with 
a Salary Grade of 23, while the District and Field Offices shall be headed by a Senior 
Immigration Officer with a Salary Grade of 20.
No person shall be appointed as Chief of any of the Divisions enumerated in 
Section 24 (A) of this Act unless such person meets the qualification standards set by 
the Bureau and approved by the Civil Service Commission (CSC).
SEC. 26. Organizationai Structure, Duties and Functions of the Divisions, 
Regionai Offices, Districts, Fieid Offices and Other Operating Offices. - Subject to the 
approval by the DBM, the Board shall determine the organizational structure of the 
different Divisions and other operating offices of the Bureau to ensure the effective 
performance of their respective mandates.
SEC. 27. Chief Administrative Officer. - The Chief Administrative Officer shall 
perform the following duties:
(a) Develop and implement an administrative support strategy for the Bureau;
(b) Coordinate all administrative functions of the Bureau;
(c) Monitor and evaluate all policies and programs of the Bureau, and recommend
to the Board of Commissioners such policies, programs and measures for the
effective and efficient administrative functions of the Bureau; and
(d) Perform such other tasks as may be directed by the Commissioner.
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SEC. 28. Chief Alien Registration Officer - The Chief Alien Registration Officer 
shall perform the following duties:
(a) Formulate plans and policies for the implementation of the Alien Registration 
Program;
(b) Establish and implement measures for the effective registration, monitoring and 
accounting of aliens, Including the collection and safekeeping of biometric data 
of all aliens pursuant to this Act and other laws, rules and regulations;
(c) Monitor and evaluate all policies, programs and measures relative to alien 
registration, and recommend to the Board of Commissioners such measures to 
improve the system of alien registration; and
(d) Perform such other tasks as may be directed by the Commissioner.
SEC. 29. Chief Finance and Logistics Officer - The Chief Finance and Logistics 
Officer shall perform the following duties:
(a) Formulate and supervise the implementation of policies pertaining to 
procurement, fiscal management, auditing and accounting in support of the 
overall plan and strategic direction of the Bureau;
(b) Direct and manage all the procurement activities of the Bureau;
(c) Implement sound fiscal policy;
(d) Supervise the preparation of the Annual Procurement Plan;
(e) Initiate projects in the furtherance of the improvement of the Bureau;
(f) Set performance targets for the Bureau in order to meet its objectives, plans and 
programs; and
(g) Perform such other tasks as may be directed by the Commissioner.
SEC. 30. Chief Human Resource Management Officer and Development Officer 
- The Chief Fluman Resource Management Officer shall perform the following duties:
(a) Develop and execute human resource strategies in support of the overall plan and 
strategic direction of the Bureau especially in the areas of selection, hiring and 
promotion;
(b) Design employee training modules;
(c) Develop comprehensive strategic recruiting and retention plans to meet the 
human capital of strategic goals;
(d) Set qualification standards and implement competency-based hiring and 
promotion policies;
(e) Oversee the recruitment, selection and promotion of employees of the Bureau;
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(f) Set performance standards for the employees of the Bureau in order to meet its
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objectives, plans and programs; and
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(g) Prepare and implement schemes to strengthen the relationship between
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management and employees.
5 
SEC. 31. Chief Immigration Reguiation Officer. - The Chief Immigration
6 
Regulation Officer shall perform the following duties:
7 
(a) Enforce immigration laws relating to the admission of aliens on primary
8 
inspection, as well as their exclusion, deportation and repatriation; sojourn, and
9 
those relating to administrative penalties against commercial sea vessels;
10 
(b) Formulate plans and programs for the effective enforcement of immigration laws
11 
relating to the admission, sojourn and exit of aliens;
12 
(c) Establish policies for the effective surveillance, monitoring, and supervision of ail
13 
Bay Service Operations of all commercial vessels while in Philippine territory;
14 
(d) Oversee and supervise all Regional, District and Field Offices, and Border
15 
Crossing Checkpoints;
16 
(e) Maintain administrative control over aliens admitted for limited periods by
17 
enforcing and implementing temporary visitors1 visa extension policies for aliens;
18 
(f) Assist the Commissioner in administering issuances of student visas, permits and
19 
other orders related thereto;
20 
(g) Assist the Commissioner in the preparation of all orders pertaining to
21 
downgrading of visas, transfer, amendment, and correction of admission;
22 
(h) Represent the Bureau In the enforcement of the RP-Indonesian Agreement the
23 
RP-Malaysian Anti-Smuggling Agreement, and other subsequent similar
24 
agreements; and
25 
(i) Perform such other tasks as may be directed by the Commissioner.
26 
SEC. 32. Chief Information and Communications Technoiogy Officer. - The Chief
27 
Information and Communications Technology Officer 
shall perform 
the following
28 
duties:
29 
Formulate policies, plans and programs on management Information systems,
30 
network, cybersecurity, and information 
and communications technology 
(ICT)
31 
resources of the Bureau;
32 
(a) Supervise the implementation of all the information and communications
33 
technology projects of the Bureau;
34 
(b) Review, evaluate and recommend for approval by the Commissioner the
35 
integration of all existing ICT systems of the Bureau;
36 
(c) Initiate the conduct of ICT research, development and standardization; and
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(d) Perform such other tasks as may be directed by the Commissioner.
2 
SEC. 33. Chief Immigration Inteiiigence Officer. - The Chief Immigration
3 
Intelligence Officer shall perform the following duties:
4 
(a) Develop plans and programs for the gathering and collating of intelligence
5 
objectives through effective management of all intelligence and counter-
6 
intelligence activities of the Bureau;
7 
(b) Manage the conduct of inteiiigence and counter-intelligence activities of the
8 
Bureau;
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(c) Serve as the linkage between foreign counterparts or embassies and the Bureau;
10 
(d) Initiate development of intelligence training modules; and
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(e) Perform such other tasks as may be directed by the Commissioner.
12 
SEC. 34. Chief Immigration Law Enforcement Officer. - The Chief Immigration
13 
Law Enforcement Officer shall perform the following duties:
14 
(a) Develop plans and programs for effective law enforcement actions against foreign
15 
nationals who violate immigration laws, rules 
and regulations;
16 
(b) Exercise command, control, direction, coordination and supervision of all law
17 
enforcement activities of the Bureau, such as the deployment of personnel in the
18 
implementation of the following:
19 
(i) Mission Orders, after determination of the existence of probable cause for
20 
purpose of deportation
21 
(ii) Commitment or Release Orders
22 
(ill) Warrants of Deportation
23 
(iv) Orders to inspect the documents, premises and records of persons covered
24 
by this Act;
25 
(c) Initiate the development of law enforcement training modules;
26 
(d) Establish an effective monitoring too! for fugitives and undesirable foreigners; and
27 
(e) Perform such other tasks as may be directed by the Commissioner.
28 
SEC. 35. Chief Legai Affairs Officer. - The Chief Legal Affairs Officer shall
29 
perform the following duties:
30 
(a) Serve as the legal counsel of the Bureau, in coordination with the Office of the
31 
Solicitor General;
32 
(b) Develop guidelines for the summary deportation of foreign nationals who are
33 
fugitives, overstaying, undocumented, or convicted of crimes involving moral
34 
turpitude or crimes where the penalty of deportation is imposed;
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(c) Assign prosecutors for regular deportation proceedings;
2 
(d) Implement deportation orders;
3 
(e) Study contracts affecting the Bureau and submit recommendations to the Board
4 
relative thereto;
5 
(f) Render legal opinions on matters arising from the administration and operation of
6 
the Bureau; and
7 
(g) Perform such other tasks as may be directed by the Commissioner.
8 
SEC. 36. Chief Immigration Operations Officer. - The Chief Immigration
9 
Operations Officer shall perform the following duties:
10 
(a) Formulate plans and programs for the effective and efficient immigration
11 
operations in all international airports and seaports;
12 
(b) Oversee and supervise the immigration operations in all international airports and
13 
international seaports, including the conduct of arrival and departure formalities
14 
consistent with this Act and other applicable laws, rules and regulations;
15 
(c) Implement Blacklist Orders, Hold Departure Orders, Monitor Orders, Travel
16 
Restriction Orders, Orders to Leave, Exclusion Orders, and other such order issued
17 
by the Board or by the Commissioner;
18 
(d) Ensure the compliance of all immigration personnel under the Operations Division
19 
with the Bureau's Quality Management System (QMS);
20 
(e) Monitor admitted foreign temporary visitors who were referred for secondary or
21 
tertiary inspection;
22 
(f) Initiate the development of immigration operations training modules; and
23 
(g) Perform such other tasks as may be directed by the Commissioner.
24 
SEC. 37. Chief Planning and Research Officer. - The Chief Planning and
25 
Research Officer shall perform the following duties:
26 
(a) Formulate and Implement the Bureau's programs, projects and processes for
27 
planning and research;
28 
(b) Facilitate and organize strategic planning sessions for the entire Bureau;
29 
(c) Conduct workload assessment and forecasting;
30 
(d) Provide assistance to the Board in the implementation and establishment of a
31 
risk management process;
32 
(e) Implement a monitoring feedback measurement and evaluation system for the
33 
implementation of all Bureau policies, projects and programs; and
34 
(f) Represent the Board in meetings relating to planning and research.
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CHAPTER 8
IMMIGRATION OFFICERS
SEC. 38. Immigration Officers. - The Bureau shall employ an elite group of 
Immigration Officers who shall be assisted by Immigration Inspectors and Immigration 
Agents in the performance of their duties and functions. No person shall be appointed 
to the position of Immigration Officer, Immigration Inspector or Immigration Agent 
unless such person meets the qualification standards set by the Bureau and approved 
by the CSC.
The following determinative factors shall be included in setting the qualification 
standards for each position:
(a) Educational Attainment
(b) Civil Service Eligibility
(c) Relevant Experience
(d) Training (Basic, Advanced or Executive)
(e) Agility
SEC. 39. Powers and Functions of Immigration Officers. - The Immigration 
Officers shall have the following powers and functions:
(a) Examine, with the assistance and advice of medical authorities in appropriate 
cases, foreign nationals at the port of entry concerning their admissibility to enter 
and their qualifications to remain in the Philippines;
(b) Exclude foreign nationals not properly documented, and to admit foreign 
nationals complying with the applicable provisions of immigration and related 
laws;
(c) Administer oaths in connection with the peiformance of their duties, as may be 
authorized by the Board;
(d) Search for foreign nationals on any vessel believed to be used to illegally bring 
foreign nationals Into the Philippines, and to take into custody without warrant 
any foreign national who, in the presence or view of the Immigration Officer, is 
entering or is about to enter the Philippines in violation of immigration and 
related laws, rules and regulations;
(e) Act as control personnel with authority to prevent the departure of passengers 
who do not comply with duly published departure requirements;
(f) Detect and report violations of the immigration and alien registration laws and, 
in appropriate cases, take necessary actions upon the instructions of the 
Commissioner, including follow-up on the stay of non-immigrants to prevent 
overstaying;
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(g) Detect and report subversive activities of aliens in the interest of national
2 
security;
3 
(h) Investigate any case at the instance of the Commissioner and submit the
4 
required reports;
5 
(i) Report on the activities of aliens inimical to national interest with a view to taking
6 
appropriate action in accordance with 
law;
7 
(j) Locate and conduct surveillance against foreign nationals in violation of
8 
immigration laws, rules and regulations;
9 
(k) Provide actionable operational, tactical and strategic intelligence to the operating
10 
units;
11 
(I) Conduct case build up, analysis and other in-depth research, as well as provide
12 
analytical reports on foreign nationals who violate or are In violation of
13 
immigration laws, rules and regulations;
14 
(m) Coordinate with other local and international law enforcement agencies In the
15 
gathering of intelligence information related to immigration law violations;
16 
(n) Conduct counter-intelligence operations;
17 
(o) Enforce lawful orders relating to the exclusion, deportation and repatriation of
18 
aliens;
19 
(p) Take charge of the physical detention of aliens pending their exclusion,
20 
deportation or repatriation;
21 
(q) Attend to the deportation of aliens;
22 
(r) Monitor all arriving and departing suspected terrorists, drug couriers or members
23 
of crime syndicates;
24 
(s) Assist and escort deportees, excluded passengers and transiting restricted
25 
passengers until finally boarded;
26 
(t) Investigate and escort from ports of entry intercepted passengers who are found
27 
in possession of spurious travel documents;
28 
(u) Implement Warrants of Deportation (WOD;i and Mission Orders involving foreign
29 
nationals who violate or are in violation of Immigration laws, rules and
30 
regulations; and
31 
(v) Perform such other functions as may be assigned by the Commissioner from time
32 
to time.
33 
Qualified Immigration Officers, Immigration Inspectors and Immigration Agents
34 
with the requisite training and experience may be assigned to the Intelligence, Law
35 
Enforcement, Alien Registration, Immigration Regulation, and Operations Divisions
36 
depending on the exigencies of the Bureau. The Board may, in the exigencies of
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service, designate certain duties and responsibilities listed in this section to other 
officers and employees in the Intelligence or Law Enforcement Divisions in an acting 
capacity: Provided, That such designation shall not exceed a period of one (1) year.
SEC. 40. Deployment of Immigration Personnel Abroad. - Within ninety (90) 
days from the effectivity of this Act, the Department of Foreign Affairs (DFA) and the 
Bureau shall promulgate the Implementing rules and regulations on the assignment 
and deployment of Immigration Officers to select consular posts abroad who shall, 
subject to the pertinent provisions of Republic Act No. 7157 or the "Philippine Foreign 
Service Act of 1991", perform immigration duties, except diplomatic and consular 
functions.
CHAPTER 9
CAREER DEVELOPMENT PATTERN 
SEC. 41. Career Development - The Bureau shall:
(a) Establish and strengthen the Philippine Immigration Academy which shall be 
under the control and supervision of the Commissioner;
(b) Create a continuing program to enhance the knowledge, skills and competence 
of all personnel through a career advancement training and education prior to 
their promotion; and
(c) Formulate training requirements to implement the provisions in this Title.
CHAPTER 10 
OTHER OFFICES
SEC. 42. Changes in the Composition, Distribution and Assignment of Regional, 
District and Field Offices. - The Commissioner may make changes in the composition, 
distribution and assignment of regional, district and field offices, as well as its 
personnel, based on the demographics of foreign nationals and as the exigency of the 
service requires, subject to civil service rules ana regulations.
SEC. 43. Border Control Checkpoints. - In addition to international airports and 
international seaports, there shall be established Border Control Checkpoints which 
shall be manned by Immigration Officers appointed as Border Control Officers by the 
Commissioner. The Border Control Checkpoints shall be placed in specific areas in the 
Philippines which shall be determined by the Board. Border Control Officers shall 
perform the following functions:
(a) Conduct immigration formalities to foreigners passing through their areas of 
responsibility;
37 
(b) Enforce immigration laws, rules and regulations;
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(c) Coordinate with other law enforcement agencies in the enforcement of
2 
immigration laws, rules, and regulations;
3 
(d) Apprehend and take into custody illegal entrants; and
4 
(e) Perform such other functions as may be directed by the Commissioner.
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TITLE III 
IMMIGRATION
CHAPTER 1 
NON-IMMIGRANTS
SEC. 44. 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 any one of the following categories may be admitted 
as non-immigrants:
(a) Temporary visitors (A Visas): Visitors coming to the Philippines for a temporary 
period for reasons of business, pleasure or health:
(1) 
Business (A-1 Visa): Temporary visitors engaged in activities of a 
commercial or professional nature for a foreign employer or for 
themselves that will not result in gainful employment in the Philippines. 
As used herein, the term "business"refers to conventions, conferences, 
consultations and other legitimate activities of a commercial or a 
professional nature, but does not include local employment or labor for 
hire;
(2) Pleasure (A-2 Visa): Temporary visitors who stay in the Philippines for 
holiday, including sightseeing, recreation or visiting relatives; and
(3) Health (A-3 Visa): Temporary visitors who stay in the Philippines to 
avail of medical treatment.
(b) Transit Persons (B Visa): Persons 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;
(c) 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;
(d) Treaty Traders (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens from a country 
that has a trade treaty with the Philippines, including their family members, and 
who come to work in the Philippines for either a company they own or one that is 
at least fifty percent (50%) owned by nationals of their home country and which
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company is engaged in substantial trade between the Philippines and their home
2 
country shall be granted a D-1 visa.
3 
Citizens from a country that has an Investor treaty with the Philippines,
4 
including their family members, and who come to work in the Philippines for a
5 
business they own or one that is at least fifty percent (50%) owned by nationals
6 
of their home country and which business is supported by a substantial investment
7 
from nationals of their home country shall be granted a D-2 visa;
8 
(e) Accredited Foreign Government Officials, Their Famiiies and Household Member
9 
(E Visas): Foreign government officials, their families and household members
10 
coming to the country for official purpose, pursuant to international conventions
11 
and bilateral agreements, shall be granted E Visas divided into four (4) types,
12 
namely:
13 
(1) Persons eligible for E-1 Visa: The E-1 Visa shall be issued to the following
14 
classes of foreign nationals:
15 
(i) Heads of State and/or Heads of Government and their personal
16 
representatives;
17 
(ii) Members of reigning royal famiiies from countries recognized by the
18 
Philippine Government;
19 
(iii) Governors-General, Governors, and High Commissioners of dependent
20 
territories and their personal representatives;
21 
(iv) Cabinet ministers and their deputies, and officials with cabinet rank of
22 
ministers;
23 
(v) Presiding officers of national legislative bodies;
24 
(vi) Justices or judges of the highest national judicial bodies;
25 
(vii) Diplomats and career consular officials on foreign assignment in the
26 
Philippines;
27 
(viii) Military, naval, air and other attacnes assigned to a diplomatic mission;
28 
and
29 
(ix) Accompanying spouses and unmarried dependents of foreigners within
30 
the abovementioned categories;
31 
(2) Persons eligible for E-2 Visa:l\\e E-2 visa shall be issued to an official of a
32 
foreign government recognized by the Philippines and who is a national of
33 
the country whose government he represents, and Is proceeding to the
34 
Philippines on a long-term basis in connection with official business for such
35 
foreign official's government.
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This category includes, inter alia, the following classes of foreign
2 
nationals:
3 
(I) Administrative and technical members of the staff of a diplomatic or
4 
consular mission;
5 
(il) Officials participating in programs under the auspices of the Philippine
6 
Government or recognized international institutions; and
7 
(iii) Accompanying spouses and unmarried dependents of foreigners within
8 
the abovementioned categories;
9 
(3) Persons eligible for E-3 Visa: The E-3 visa shall be issued to an official of a
10 
foreign government recognized by the Philippines, is a national of the
11 
country whose government he represents, and is proceeding to the
12 
Philippines on a short-term basis in connection with official business for
13 
such foreign official's government.
14 
This category includes, inter alia, the following classes of foreign
15 
nationals;
16 
(I) Diplomatic couriers regularly and professionally employed as such;
17 
(ii) All members of official special missions of a diplomatic character;
18 
(Iii) Members of delegations proceeding to or from an international
19 
conference of a diplomatic or official nature; and
20 
(iv) Such other officials going to the Philippines on diplomatic or official
21 
missions;
22 
(4) Persons eligible for E-4 Visa: The E-4 Visa shall be issued to the private
23 
employees and household members of persons to whom E-1 and E-2 visas
24 
have been granted, as well as their immediate dependents;
25 
All visas under enumerated in Section 44(e) of this Act shall be exclusively issued
26 
and renewed by the DFA, which shall also detef'mine the type of E-Visa of Foreign
27 
Government Officials not identified in the foregoing lists. The grant of immunities and
28 
privileges shall be subject to applicable domestic and international law and
29 
international agreements to which the Philippines is a party, as well as in consideration
30 
of the principle of reciprocity.
31 
(f) Students (F Visa): International students who can demonstrate means sufficient
32 
for their support and education in the Philippines who seek to enter the Philippines
33 
temporarily for the primary purpose of studying or taking partial studies in eligible
34 
courses or degree programs in a university, seminary, academy or college
35 
recognized to offer such higher education programs by CHED and other authorities
36 
pursuant to law and accredited to admit such International students by the CHED
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in coordination with BI. The international student's area of study may relate to the 
following fields/scope:
(1) Full-degree
(2) Exchange or short-term mobility
(3) Internship/co-op education
(4) Certificates/diploma/qualificatlons
(5) Immersion/service learning/social engagement
(6) Research and/or graduate studies
(7) Study, work, holiday pursuant to trade agreements
(8) Cultural exchange
(9) Language training program
(10) Such other education or training-related activities undertaken pursuant to 
acquiring certification, diploma, credit recognition, degree or qualification.
(g) Prearranged Employment (G Visa): Foreign nationals coming to the Philippines on 
prearranged employment, including their family members accompanying or 
following to join them within the period of their employment. This category 
Includes intra-company transferees, professionals, performing artists, athletes, 
and cultural exchange workers under a work exchange program;
(h) Religious Workers (H Visa): Duly ordained or professional missionaries and 
religious ministers, including members of their family, coming to the Philippines to 
join a religious congregation or denomination duly registered with the Securities 
and Exchange Commission, upon invitation, sponsorship or guarantee of such 
religious congregation or denomination, solely for the purpose of propagating, 
teaching and disseminating their faith or religion;
(i) Representatives of Accredited International Organizations and Government 
Agencies (I Visa): Foreign officials and staff of accredited international 
organizations, including their dependent family members, staff, and household 
members shall be granted I Visas divided into four (4) types, namely:
(1) Persons eligible for I-l Visa: The I-l Visa shall be issued to the principal 
officials of accredited international organizations, as well as their 
accompanying spouses and dependents;
(2) Persons eligible for 1-2 Visa: The 1-2 visa shall be issued to the other officials 
and staff of accredited international organizations, as well as their 
accompanying spouses and dependents;
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(3) Persons eligible for 1-3 Visa:l\\e 1-3 visa shall be issued to officials and staff 
of international organizations who will perform short-term official work with 
the international organization upon its invitation; and
(4) Persons eligible for 1-4 Visa: The 1-4 Visa shall be issued to the private 
employees and household members of persons to whom E-1 and E-2 visas 
have been granted, as well as their immediate dependents.
Accredited international organization includes any public international 
organization engaged in activities of which the Philippines participates pursuant to any 
treaty or under the authority of any act of the Congress of the Philippines authorizing 
such participation or making an appropriation for such participation and such other 
international organizations, institutions, agencies, programs, foundations and entities 
which are recognized by the government of the Republic of the Philippines, including 
those existing and already recognized as such at the time of the effectivity of this Act.
All types of visas under Section 44(i) of this Act shall be exclusively issued and 
renewed by the DFA, which shall also determine the type of I Visa of officials and staff 
of international organizations that are not identified in the foregoing list. The grant of 
immunities and privileges shall be subject to applicable domestic and international 
law, relevant Headquarters Agreements, and international agreements to which the 
Philippines is a party.
(j) Media Workers (J Visa): Foreign media personnel or correspondents, duly 
accredited by the government agency concerned, who are bona fide 
representatives of a foreign press, radio, satellite, television, film, or other 
information media, and are coming to the Philippines solely to engage in gathering 
information principally for dissemination abroad, including their family members 
accompanying or following to join them during the period of the assignment in 
the Philippines;
(k) Exchange Visitors (K Visa): Foreign nationals entering the Philippines to teach, 
study, observe, conduct research or receive training in a specific Exchange Visitor 
Program duly approved by the Philippine Go'/ernment;
(l) Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined in this 
Act and in the 1951 Convention Relating to the Status of Refugees and its 1967 
Protocol shall be Issued L-1 Visas. Stateless persons, whose admission for 
humanitarian reasons and not inimical to public interest has been approved by the 
Secretary of Justice or the President in such cases and under such conditions as 
they may prescribe, shall be issued L-2 Visas;
(m) Bridging Visa (M Visa): P temporary visa which allows a foreign national to stay in 
the Philippines after the expiration of the current visa, other than temporary visitor 
visa under Section 44(a), and while an application for adjustment of status is being 
processed.
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(n) Startup Visa (N Visa): Visa issued by the DFA pursuant to Sec. 13, Chapter 3 of
2 
Republic Act No. 11337, otherwise known as the "Innovative Startup Act", which
3 
includes the Startup Owner Visa (N-1 Visa), Startup Employee Visa (N-2 Visa) and
4 
Startup Investor Visa (N-3 Visa)
5 
(o) Speciai Non-Immigrants (0 Visas): Such ocher foreign nationals including their
6 
family members who may be admitted as non-immigrants under special laws or
7 
foreign nationals not otherwise provided for by this Act who are coming for
8 
temporary periods only, and whose admission is authorized by the Board or the
9 
President in the Interest of the public or for humanitarian considerations and under
10 
such conditions as may be prescribed.
11 
All other agencies and offices other than the DFA authorized to Issue visas in
12 
accordance with existing laws shall be subject to reportorial requirements as
13 
prescribed by the Board. The Board shall likewise prescribe penalties for violations
14 
thereof.
15
16 
CHAPTER 2
17 
IMMIGRANTS
18 
SEC. 45. Quota Immigrants. - Subject to the conditions set forth in this Act,
19 
there may be admitted into the Philippines, immigrants, otherwise known as "quota
20 
immigrants" not to exceed two hundred (200) of any one nationality for any one
21 
calendar year, based on immigration reciprocity and upon allotment by the
22 
Commissioner of the corresponding quota number. In the allotment of quota numbers,
23 
the following order of preference shall be observed:
24 
(a) First Preference: Those whose service and qualifications show high educational
25 
attainment, technical training, specialized experience, or exceptional ability in
26 
the sciences, arts, professions, or business as would reasonably enhance and
27 
contribute substantial benefits prospectively to the national economy, or cultural
28 
or educational interests or welfare of the Philippines, including 
their family
29 
members, accompanying or following to join them, who shall likewise be allotted
30 
individual quota numbers;
31 
(b) Second Preference: Parents of a naturalized Philippine citizen;
32 
(c) Third Preference: Spouses or minor children of foreign nationals who are lawful
33 
permanent residents of the Philippines; and
34 
(d) Fourth Preference: Parents of foreign nationals who are lawful permanent
35 
residents of the Philippines.
36 
SEC. 46. Aiiotment of Quota. - The Commissioner shall, with respect to the first
37 
preference, allot not more than fifty percent (50%) of the annual quota allotment up
38 
to the end of June of each year: Provided, That if the fifty percent (50%) aiiotment
25


1 
for one nationality is not utilized by the first preference, the balance thereof shall be
2 
given to the second, third, and fourth preferences for the same nationality in
3 
accordance with the preceding Section. Any unused quota allotment for a calendar
4 
year shall not be carried over and utilized for the ensuing calendar year.
5 
SEC. 47. Basis in Determination of Quota Allotment - The nationality of
6 
immigrants whose admission is subject to the numerical limitation imposed by Section
7 
45 of this Act shall be that of the country of which the immigrant is a national or a
8 
citizen. The nationality of immigrants possessing dual nationality may be that of either
9 
of the two countries regarding them as a national or citizen if they apply for a visa in
10 
a third country. If such immigrants apply for a visa within one of the two countries
11 
regarding them as a national or citizen, their nationality shall be that of the country in
12 
which they filed their application for a visa to enter the Philippines.
13 
SEC. 48. Non-Quota Immigrants. - The following immigrants, known as "non-
14 
quota immigrants", may be admitted without regard to numerical limitation and
15 
immigration reciprocity:
16 
(a) The spouse of a Philippine citizen: Provided, That abandonment by the foreign
17 
spouse, the failure to give support by the foreign spouse to the Filipino spouse
18 
and family, and the legal separation or termination of the marital status by
19 
annulment, declaration of nullity of marriage or divorce where the cause is
20 
attributable to the foreign spouse, shall constitute grounds for cancellation of the
21 
immigrant visa issued to the foreign spouse;
22 
(b) A person of Filipino descent regardless of generation;
23 
(c) A child born to a foreigner mother during her temporary visit abroad, the mother
24 
being a lawful permanent resident of the Philippines, if accompanied by or
25 
coming to join the mother who applies for admission within five (5) years from
26 
the birth of the child;
27 
(d) A child born subsequent to the issuance of an immigrant visa to the
28 
accompanying parent, the visa not having expired or revoked;
29 
(e) A foreign national who had been previously lawfully admitted into the Philippines
30 
for permanent residence who is returning from a temporary visit abroad to an
31 
unrelinquished residence in the Philippines;
32 
(f) A natural-born citizen who becomes a naturalized citizen of a foreign country and
33 
is returning to the Philippines for permanent residence therein, including the
34 
spouse and minor children accompanying or following to join such person; and
35 
(g) Spouse, parent, children, legitimate siblings of a foreign national who is gainfully
36 
employed and holder of a permanent resident status for a period of seven 
(7)
37 
years.
26


1 
CHAPTER 3
2 
NATIVE-BORN FOREIGN NATIONAL
3 
SEC. 49. Status of Children Born to Immigrants. - A child born in the Philippines
4 
to parents who are foreign nationals and lawful residents of the Philippines shall be
5 
deemed a native-born permanent resident.
6 
SEC. 50. Status of Children Born to Non-immigrants. - A child born to parents
7 
who are both non-immigrants shall be deemed a native-born non-immigrant or
8 
temporary resident and may remain in the Philippines only during the period of
9 
authorized stay of the parents, unless the child reaches the age of eighteen (18) years
10 
while continuously residing in the Philippines, in which case such child may apply for
11 
naturalization under existing laws or for an appropriate visa.
12
13 
CHAPTER 4
14 
ADJUSTMENT OF STATUS
15 
SEC. 51. Conditions for Adjustment of Status of Foreign Nationals. - The status
16 
of a foreign national admitted into the Philippines as non-immigrant may be adjusted
17 
by the Board to that of a foreigner lawfully admitted as a permanent resident if:
18 
(a) the foreigner makes an application for such adjustment;
19 
(b) the foreigner is eligible to receive a quota or non-quota immigrant visa and is
20 
admissible to the Philippines as a permanent resident; and
21 
(c) a quota Immigrant visa is immediately available to the foreign national at the
22 
time of application, without the need of first departing from the Philippines.
23 
In all such cases, the personal appearance of the foreigner shall be required
24 
during the consideration of the application.
25 
SEC. 52. Effect of Approval on Application for Adjustment. - Upon the approval
26 
of an application for adjustment of status under the preceding section, the
27 
Commissioner shall record the foreign national's lawful admission as a permanent
28 
resident as of the date of the approval of the application and shall be included as part
29 
of the quota for the calendar year in accordance with Section 45 of this Act.
30 
SEC. 53. Adjustment of Status, When Not Allowed. - Adjustment of status under
31 
this Act shall not be applicable to:
32 
(a) a foreign national who has violated or is in violation of Immigration laws, rules
33 
and regulations, unless the violation is without the fault of the foreign national
34 
or for purely technical reasons; and
35 
(b) transients.
27


SEC. 54. Loss of Status. - A registered foreign national, except a temporary 
visitor, who fails to return to the Philippines within a period of one (1) year from 
departure shall lose the status granted under this Act. Such foreign national may apply 
for an extension of the period within which to leturn prior to its expiration and pay 
the prescribed fees and charges in order to maintain the status or type of visa granted.
7 
CHAPTER 5
8 
DOCUMENTATION AND ADMISSON OF NON-IMMIGRANTS
9 
SEC. 55. Documentary Requirements of Non-immigrants. - Non-immigrants
10 
must present for admission into the Philippines valid passports issued by the
11 
governments of the countries to which they owe allegiance or other travel documents
12 
showing their nationality and identity as prescribed by regulations, a valid visa granted
13 
by the Consular Officer, if required, and such other relevant documents as may be
14 
required under existing laws, rules, regulations, or multilateral or bilateral agreements.
15 
SEC. 56. Conditions and Period of Authorized Stay of Temporary Visitors. - The
16 
initial period of authorized stay of a foreign national admitted as a temporary visitor
17 
under Section 44(a) of this Act shall not exceed fifty-nine (59) calendar days from the
18 
date of arrival, subject to bilateral, regional and multilateral visa agreements entered
19 
into by the Philippines: Provided^ That the conditions for extensions and total period
20 
of authorized stay shall be prescribed by the Commissioner: Provided, further. That
21 
during the foreign national's authorized stay, such foreign national: (a) shall not take
22 
any employment, whether paid or unpaid; (b) shall not establish or join in any
23 
business; and (c) shall not enroll or become a student at a school, college, university,
24 
academy, or other educational institution, unless granted, upon proper application, a
25 
conversion to another immigration status provided under this Act.
26 
SEC. 57. Conditions for Issuance of Pre-Arranged Employment Visas. - A foreign
27 
national who is coming to the Philippines for prearranged employment shall not be
28 
issued a non-immigrant visa referred to in Section 44(g) of this Act until the Consular
29 
Officer shall have received authorization for the issuance of the same. Such
30 
authorization shall be given only upon the filing of a petition with the Board
31 
establishing, among others, that no person can be found in the Philippines willing and
32 
competent to perform the work or service for which the foreigner is desired and that
33 
the admission would be beneficial to the public Interest. The petition shall be under
34 
oath by the prospective employer or the latter's representative in the form and manner
35 
prescribed by the Board.
36 
If the Board finds that the petition complies with the requirements of the
37 
preceding paragraph and of other regulations, it shall grant the petition and shall
38 
promptly transmit the authorization to the DFA.
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SEC. 58. Submission of Crew List and Passenger Manifest - Simultaneous to 
the vessel's departure from the port of origin, the master, captain, agent, owner or 
consignee of any commercial vessel arriving in the Philippines shall submit to the 
Bureau, within a reasonable time prior to such arrival, the crew lists, passenger 
manifests and such other Information concerning the persons arriving on such a 
vessel. In the same manner and condition, the master, captain, agent, owner or 
consignee of any commercial vessel departing from any port in the Philippines shall 
submit to the Bureau, within a reasonable time prior to such departure, the crew list, 
passenger manifest and such other information concerning the persons departing on 
such vessel. The crew list of an Incoming sea craft shall contain the appropriate visa 
granted by the Consular Officer.
SEC. 59. Inspection of Crewmembers. - It shall be the duty of the master, 
captain, agent, owner or consignee of any vessel arriving in the Philippines to have 
available on board, for inspection by Immigration Officers, any foreign crewmember 
employed on such vessel and, when required by the immigration authorities, to detain 
such crewmember on board after inspection or to remove such crewmember. No 
crewmember on board such vessel shall be discharged while the vessel is in port 
without the permission of the Commissioner.
SEC. 60. Permission for Temporary Landing of a Foreign Crewmember. - A 
foreign crewmember on a vessel arriving in the Philippines may be permitted to land 
temporarily under such conditions as may be prescribed by the Commissioner. All 
expenses incurred by the Bureau while the crewmember is on land shall be borne by 
the master, captain, agent, owner or consignee of the carrying vessel.
CHAPTER 6
DOCUMENTATION AND ADMISSION OF IMMIGRANTS
SEC. 61. Documentary Requirements of Immigrants; Instances When Not 
Required. - Immigrants must present for admission into the Philippines valid passports 
or travel documents issued by the government of the country to which they owe 
allegiance, showing their nationality and identity and valid immigrant visas indicating 
the date of issue and the period of validity thereof. Immigrant visas shall not be 
required of the following:
(a) A child born subsequent to the Issuance of a valid immigrant visa to the 
accompanying parent;
(b) A child born during the temporary visit abroad of the mother who is a lawful 
permanent resident of the Philippines and a holder of a valid re-entry permit, if 
the child is accompanied by either parent within five (5) years from the date of 
the child's birth; and
29


1 
(c) A foreign national who is returning to an unrelinquished lawful permanent
2 
residence in the Philippines after a temporary residence abroad and presents for
3 
admission a valid re-entry permit.
5 
CHAPTER 7
6 
VISA ISSUANCE
7 
SEC. 62. Nature of Visa. - Nothing in this Act shall be construed to automatically
8 
entitle any foreign national, to whom a visa or other travel document has been issued,
9 
to enter the Philippines if, upon arrival at a port of entry, such foreign national is found
10 
to be inadmissible under this Act or any other law.
11 
SEC. 63. Visa Poiicy. - The policies governing the issuance, extension, renewal
12 
and conversion of visas referred to in this Act shall be formulated by the Bureau and
13 
the DFA when appropriate, in consultation with concerned government agencies and
14 
offices.
15 
SEC. 64. Visa Issuance Abroad. - All visas issuances abroad shall be done by
16 
Consular Officers assigned at Philippine Foreign Service posts in the following manner:
17 
(a) Upon approval by the Commissioner and recommendation by a Consular Officer,
18 
a quota immigrant visa may only be issued to a foreign national who has made
19 
a proper application therefor, which shall specify the nationality to which the
20 
quota number is assigned, the Immigrant's particular status in such country, the
21 
preference to which the foreign national is classified, the date on which the
22 
validity of the visa shall expire, and such additional information as may be
23 
required; and
24 
(b) The DFA, through its Consular Offices abroad or the Office of the Visa Director,
25 
shall approve the issuance of non-quota immigrant and non-immigrant visas to
26 
a foreign national who has made a proper application therefor.
27 
The issuance of special non-immigrant visas falling under the jurisdiction of a
28 
particular government office or agency can only be done in coordination with and
29 
upon recommendation of the government agency or office concerned.
30 
SEC. 65. Requirements for Physicai and Mentai Examination Prior to Issuance
31 
of Immigrant Visa. - Prior to the Issuance of an immigrant visa to any foreign national,
32 
the Consular Officer shall require such person co submit to a physical and mental
33 
examination in accordance with such regulations as may be prescribed by the
34 
Commissioner.
35 
SEC. 66. Visa Validity Period. - A single-entry non-immigrant or immigrant visa
36 
Issued by a Consular Officer abroad pursuant to Section 64 of this Act shall be valid
37 
for a period not exceeding three (3) months: Provided, That in prescribing the validity
38 
period of a single-entry non-immigrant visa, the Consular Officer may allow a longer
30


1 
validity period based on reciprocity as accorded by the foreign country to citizens of
2 
the Philippines who are within a similar class.
3 
An immigrant visa may be replaced under the original number during the
4 
calendar year in which the original visa was issued to a foreign national who
5 
establishes to the satisfaction of the Consular Officer that the original immigrant visa
6 
was not used during the period of Its validity for reasons beyond the visa holder's
7 
control: Provided, That the foreign national is found by the Consular Officer to be
8 
eligible for another immigrant visa and has paid all the required fees.
9 
SEC. 67. Denial of Visa; Grounds. - The Consular Officer may deny the
10 
application for visa if it appears from the statements In the application or In the
11 
documents submitted that the applicant is not eligible for a visa under this Act, or if
12 
the applicant fails to comply with the requirements of any of the provisions of this Act.
13 
SEC. 68. Revocation of Visa Issued by Consular Officer. - The Commissioner
14 
may, for valid cause and upon confirmation by the DFA, revoke a visa issued by any
15 
Consular Officer. If the notice of revocation is net received and the visa holder applies
16 
for admission into the Philippines, the admission or entry of the foreign national shall
17 
be determined by the Immigration Officer upon arrival at the port of entry.
19 
CHAPTERS
20 
RE-ENTRY AND EMIGRATION CLEARANCE
21 
SEC. 69. Re-entry. - In all Instances when a registered foreign national, except
22 
a temporary visitor, departs or is about to depart temporarily from the Philippines with
23 
the 5 Intention to return within one (1) year from departure, the foreign national must
24 
secure a re-entry permit or, if the authorized stay is less than one (1) year, a Special
25 
Return Certificate, and pay the corresponding fees and charges therefor.
26 
SEC. 70. Emigration Clearance. - A registered foreign national who departs
27 
permanently from the Philippines shall surrender all Philippine immigration documents
28 
and apply for and be issued an Emigration Clearance Certificate, subject to the
29 
following conditions:
30 
(a) The immigrant has no pending obligation with the government or any of its
31 
agencies or instrumentalities;
32 
(b) The Immigrant has no pending criminal, civil, or administrative proceeding which
33 
requires continued presence in the country; and
34 
(c) There Is no ongoing legislative inquiry where the immigrant is called upon to
35 
testify as a witness.
36 
A temporary visitor departing from the Philippines shall, after the expiration of
37 
the initial authorized stay, apply for emigration clearance and pay the prescribed fees
38 
and charges therefor.
31


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34
CHAPTER 9
PRESIDENTIAL PREROGATIVES
SEC. 71. Presidential Prerogatives. - Any provision of this Act to the contrary 
notwithstanding, the President may:
(a) Deny the entry and admission into the Philippines of, or impose such restrictions 
as may be deemed appropriate on, any foreign national or a class of foreign 
nationals, whenever the President finds that such entry would be detrimental to 
the interest of the Philippines;
(b) Waive passport or documentary requirements for non-immigrants and 
immigrants under such terms and conditions as may be prescribed;
(c) Change the status of non-immigrants by allowing them to acquire permanent 
residence status without necessity of a visa;
(d) Deport any foreign national, subject to the requirement of due process;
(e) Admit non-immigrants not otherwise provided for in this Act for humanitarian 
considerations and when not detrimental to public Interest, under such terms 
and conditions as may be prescribed;
(f) Prohibit the departure from the Philippines of any person who is likely to disclose 
information affecting national security, or who Is likely to organize a rebellion 
abroad against the Philippines, or whose presence in the country is necessary to 
face, or be a witness in, criminal proceedings; and
(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. 72. Authority to Classify Ports. - The Commissioner shall classify and 
designate, from among the ports of entry established by law for immigration purposes, 
limited or unlimited ports of entry through which foreign nationals may be admitted 
into the Philippines. Only such classes of foreign nationals as provided under the rules 
and regulations prescribed by the Commissioner may be admitted at limited ports of 
entry. The Commissioner may, after due notice to the public, close designated ports 
of entry in the interest of national security or public safety.
32


1 
CHAPTER 2
2 
PROCEDURES ON ARRIVAL
3 
SEC. 73. Inspection by Immigration Personnei. - A foreign national seeking
4 
admission or readmission shall present a valid passport and visa, if required, to the
5 
Immigration Officer at the port of entry and shall be subject to primary inspection.
6 
The decision of the examining Immigration. Officer, if favorable to the admission of
7 
any foreigner, may be challenged by another Immigration Officer on any ground
8 
provided in this Act. The final determination on the admissibility of such foreign
9 
national shall be determined by the Commissioner within forty-eight (48) hours in case
10 
no resolution is reached between the Immigration Officers on the challenged
11 
admission. In case of admission, the Immigration Officer shall indicate in the passport
12 
the date, the port of entry and the Identity of the vessel boarded.
13 
SEC. 74. Detention or Quarantine for Examination. - For the purpose of
14 
determining whether a foreign national arriving at any port in the Philippines belongs
15 
to any of the classes excludable under this Act by reason of being afflicted with any
16 
of the contagious or communicable disease or mental disorder as set forth under
17 
Section 84(a) of this Act or whenever the Commissioner has received information
18 
showing that foreigners are coming from a country or a place where any of such
19 
diseases are prevalent or widespread, the foreigner shall be detained or quarantined
20 
for a reasonable period of time to enable the Immigration and medical officers to
21 
subject such person to observation and examination.
22 
SEC. 75. Medical Examination Requirement - Any arriving foreign national
23 
whom the examining Immigration Officer believes to belong under the class of
24 
excludable foreign nationals specified in Section 84(a) of this Act shall be referred to
25 
designated medical officers for physical and mental examination. Such medical officer
26 
shall certify the findings of the examination for the information of the Immigration
27 
Officer.
28 
SEC. 76. Arrival Notice Requirements of Vessel. - The Immigration authorities
29 
shall be given prior notice of the arrival of any civilian vessel before such vessel comes
30 
into any area in the Philippines from any place outside thereof. Such prior notice shall
31 
not be required in the case of vessels with sched uled arrivals filed with the Immigration
32 
Officer in charge at the international port of entry.
33 
If, upon arrival in any area other than the designated port and there is no
34 
available Immigration Officer therein, the master, pilot, captain, agent or consignee
35 
shall not allow the passengers and crew members to disembark or leave the primary
36 
inspection area until the Immigration Officer shall have conducted the primary
37 
inspection formalities.
33


] 
CHAPTER 3
2 
FOREIGN CREWMEMBER
3 
SEC. 77. Conditional Permit to Disembark. - A foreign crewmember of a vessel
4 
under Section 44(c) of this Act may be granted a conditional permit, in a form
5 
prescribed by regulations, to disembark temporarily from the vessel on which such
6 
crewmember arrived while the vessel remains in port under such terms and conditions
7 
as may be prescribed by the Commissioner.
8 
SEC. 78. Confiscation and Cancellation of Permit; Deportation from the
9 
Philippines. - Upon the determination that the foreign national is not a bona fide
10 
crewmember or does not intend to depart on the vessel that brought him, the
11 
Commissioner shall cancel and confiscate the conditional permit already issued, take
12 
such foreign national into custody, and require the owner, operator, captain, master,
13 
pilot, agent or consignee of the vessel on which the foreigner arrived to receive and
14 
detain the foreigner on board. The expenses for removal of the foreign national,
15 
including the cost of detention and other expenses incidental thereto, shall be borne
16 
by the owner, operator, captain, master, pilot, agent or consignee of such vessel.
17 
SEC. 79. Liability for Overstaying Foreign Crewmen. - A foreign crewmember
18 
who remains in the Philippines in excess of the period allowed in the conditional permit
19 
Issued shall be solidarily liable with the owner, operator, captain, master, pilot, agent
20 
or consignee of the vessel to pay the penalties prescribed In Section 125 of this Act.
21 
SEC. 80. Liability for Unauthorized Discharge of Foreign Crewmember. - It shall
22 
be unlawful for any person, including the owner, operator, captain, master, pilot,
23 
agent or consignee of any vessel to discharge any foreign crewmember employed by
24 
a vessel arriving in the Philippines and while in port, without first obtaining the prior
25 
permission of the Commissioner. Otherwise, such person or owner, operator, captain,
26 
master, pilot, agent or consignee of the vessel shall pay such fines as may be
27 
prescribed under this Act. No vessel shall be granted clearance from any port in the
28 
Philippines while such fines remain unpaid or while the validity thereof is being
29 
determined: Provided, That a clearance may be granted prior to such determination
30 
upon deposit of a sum or cash bond sufficient to cover such fines as approved by the
31 
Commissioner.
32 
SEC. 81. Duty to Report Desertion or Illegal Landing of Foreign Crewmember.
33 
- The owner, operator, captain, master, pilot, agent or consignee of any vessel shall
34 
immediately report, in writing, to the Immigration Officer all cases of desertion or
35 
illegal disembarkation in the Philippines from the vessel, together with a description
36 
of such foreign nationals and any information that shall result in their apprehension.
37 
SEC. 82. Requirement for Submission of List of Newly Employed, Discharged
38 
and Illegally Landed Foreign Crewmember. - Prior to the departure of any vessel from
39 
the last port In the Philippines destined to any place outside thereof, the owner.
34


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35
operator, captain, master, pilot, agent or consignee thereof shall deliver to the 
Immigration Officer at that port a list containing:
(a) The names of crewmembers who were not employed thereon at the time of the 
vessel's arrival on such port but will depart thereat on the same vessel;
(b) The names of those who have been discharged, if any;
(c) The names of those who have deserted or Illegally landed at that port, if any; 
and
(d) Such other additional information as the Commissioner deems necessary.
SEC. 83. Liability for Failure to Submit Complete, True and Correct Report. - 
The owner, operator, captain, master, pilot, agent, or consignee who fails to submit a 
true and complete list or report of foreign nationals or to report cases of desertion or 
illegal landing shall pay such sum as may be prescribed under Section 121 of this Act. 
No vessel shall be granted clearance from any port in the Philippines while such fines 
remain unpaid or while the validity thereof is being determined: Provided, that 
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. 84. Exclusion Grounds. -T\\e following classes of foreign national 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, unless excepted under existing laws, rules and 
regulations;
(2) Those who are found to be suffering from mental disorder or associated 
behavior that may pose a threat to persons or danger to property;
(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
35


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38
(1) Those coming to the Philippines to practice polygamy or who advocate the 
practice of polygamy unless the person's religion allows such practices;
(2) Those who are pedophiles, sexual perverts or those coming to the 
Philippines for immoral purposes;
(3) Those who are engaged or who seek to engage in prostitution or to procure 
or attempt to procure prostitutes, or who receives in whole or in part the 
proceeds of prostitution;
(4) Those who, at the time of primary inspection by the Immigration Officer, 
exhibit any contemptuous or disrespectful behavior towards the said officer 
or any government official or employee of the Bureau;
(d) Criminal and Security Grounds
(1) Those who have been convicted of a crime involving moral turpitude or 
who admit to the Immigration Officer having committed such crime, or who 
attempt and conspire to commit the crime;
(2) Those who have been convicted, or who admit having committed, or are 
committing acts which constitute the elements of a violation or conspiracy 
to violate any law or regulation of the Philippines or a foreign country 
relating to a controlled, regulated or prohibited substance, or who admit 
having attempted or conspired to commit the crime;
(3) Those that the Philippine Government knows or has reason to believe Is a 
trafficker of any controlled, regulated or prohibited substance or knows or 
has reason to believe is or has been an accomplice, accessory, abettor, or 
co-conspirator in the illicit trafficking of any controlled, regulated or 
prohibited substance;
(4) Those who are fugitives from justice;
(5) Those who seek to enter the Philippines to engage in:
(i) espionage or sabotage, or a violation or evasion of any laws 
prohibiting export of goods, technology or sensitive information;
(ii) any activity aimed to promote membership in an organization of 
syndicated criminal activities;
(ill) any activity, the purpose of which Is to overthrow the Philippine 
government by force, violence or other unlawful means; and 
(iv) any other unlawful activity;
(6) Those who are engaged or believed to be engaged or likely to engage in, 
aid, abet or finance any terrorist activity and members or representatives 
of a foreign terrorist organization;
(7) Those who have been identified by competent authorities, local or foreign, 
as having engaged or are engaging in human trafficking and smuggling;
36


1 
(8) Those who are under fifteen (15) years of age and unaccompanied by or
2 
not coming to a parent, except that they may be admitted at the discretion
3 
of the Commissioner, if otherwise admissible: Provided, That they present
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a written consent to travel from either parent citing the purpose thereof
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and affirmed by a Consular Officer; and
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(9) Those who have been identified by competent authorities, local and foreign,
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as having engaged or are engaging in importation of contrabands and other
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prohibited articles into the country.
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SEC. 85. Temporary Custody of Excludable Foreign Nationals. - For the purpose
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of ascertaining whether a foreign national arriving In the Philippines belongs to any of
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the excludable classes of foreign national provided in this Act or related laws, the
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Immigration Officer, for a period not exceeding seventy-two (72) hours, may
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temporarily take Into custody for investigation such foreign national either on board
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the vessel or at a place designated for the purpose at the expense of the master,
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captain, agent, owner or consignee of the carrying vessel.
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SEC. 86. Finality of Exclusion Order. - An order by the Immigration Officer to
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exclude a foreign national who is excludable under this Act is final and executory
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unless revoked by the Commissioner upon a timely appeal prior to the implementation
19 
of the exclusion order.
20 
SEC. 87. Authority to Waive Grounds for Exclusion. - Except for grounds of -
21 
exclusion under Section 84(d), subparagraphs 1 to 7 and 9, the Commissioner may
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waive any of the grounds for exclusion mentioned in Section 84 of this Act.
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SEC. 88. Procedure of Removal and Cost Thereof - Foreign nationals arriving
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in the Philippines who are ordered excluded shall be immediately removed in the same
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accommodation to the country where they boarded the vessel on which they arrived,
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unless the Commissioner determines that immediate removal Is not proper and
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practicable, in which case such excluded foreign nationals shall be ordered detained.
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The cost of detention and other expenses incidental thereto shall be borne by the
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owner, operator, master, pilot, captain, agent or consignee of the vessel on which
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such foreigners arrived.
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SEC. 89. Country Where Removal Is to be Directed. - If the government of the
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country designated In the preceding section will not accept the foreign national into
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its territory, the removal of the foreign national shall be directed, at the
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Commissioner's discretion to any of the following:
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(a) The country of which the excluded foreigner is a citizen or national;
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(b) The country of birth;
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(c) The country of the foreign national's habitual residence; or
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(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. 90. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or 
Consignee. - It shall be unlawful for an owner, operator, master, captain, pilot, agent, 
or consignee of a vessel to refuse or fail to:
(a) Board a foreign national ordered excluded and removed In the same vessel or 
another vessel owned or operated by the same company;
(b) Detain a foreign national on board any such vessel at the port of arrival when 
required by this Act or when so ordered by an Immigration Officer;
(c) Deliver a foreign national for medical or other examinations when so ordered by 
an Immigration Officer;
(d) Remove a foreign national from the Philippines to the country to which the 
Individual's removal has been directed; or
(e) Pay the cost of detention and other expenses incidental thereto incurred while 
the excluded foreign national is being detained as required by Section 98 of this 
Act or other costs necessary or incidental to his removal as provided in this Act.
SEC. 91. Penalty for Non-compliance of Obligation. - The owner, operator, 
master, captain, pilot, agent, or consignee of a vessel who violates Section 90 of this 
Act shall pay the fines prescribed In Section 122 of this Act. No vessel shall be granted 
clearance from any port in the Philippines while such fines remain unpaid or while the 
validity thereof is being determined: Provided, That clearance may be granted prior 
to such determination upon deposit of a sum or cash bond sufficient to cover such 
fines as approved by the Commissioner.
TITLE V 
DEPORTATION
CHAPTER 1
DEPORTABLE FOREIGN NATIONALS
SEC. 92. Classes of Deportabie Foreign Nationals. - The following foreign 
nationals shall be taken into custody upon the order of the Commissioner and deported 
upon recommendation by the BSI and approval by the Board:
(a) Those who entered the Philippines: (1) by means of misrepresentations or false 
or misleading statements or documents, or (2) without Inspection and admission 
by the immigration authorities;
(b) Those who were not lawfully admissible at the time of entry;
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(c) Those who abet or aid in the practice of prostitution, Including the owner or
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manager of a prostitution den, or who are pedophiles;
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(d) Those who, at any time after the date of entry, have become a public charge;
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(e) Those who remain in the Philippines In violation of any period of limitation or
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condition under which they were admitted;
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(f) Those who believe In, advise, advocate or teach the overthrowing by force and
7 
violence the Government of the Republic of the Philippines or any duly
8 
constituted authority, or those who do not believe in or are opposed to organized
9 
governments, or those who advise, advocate or teach the assault or
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assassination of public officials, or those who advise, advocate or teach the
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unlawful destruction of property, or those who are members of or affiliated with
12 
any organization entertaining, advocating or teaching such doctrines, or those
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who in any manner whatsoever extend assistance, financial or otherwise, in the
14 
dissemination of such doctrines;
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(g) Those who, at any time after entry, engage in, abet, aid or finance any terrorist
16 
activity;
17 
(h) Those who, at any time after entry, are charged of a crime involving acts or
18 
omissions punishable under Philippine penal laws cognizable by the Regional
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Trial Courts and the Sandiganbayan;
20 
(i) Those who, at any time after entry, are convicted by final judgment of a crime
21 
involving moral turpitude punishable under Philippine penal laws;
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(j) Those who were admitted as non-immigrants and who obtained an adjustment
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of their admission status for convenience, or through fraud, falsification of
24 
documents, misrepresentations or concealment of material facts;
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(k) Those who violated Philippine labor and taxation laws, rules and regulations;
26 
(I) Those who are found to be undesirable and whose further stay in the Philippines
27 
is inimical to public welfare and interest, or the dignity of the Filipinos, or the
28 
Republic of the Philippines as a sovereign nation;
29 
(m)Those who forge, counterfeit, alter or falsely make any document; or use,
30 
attempt to use, possess, obtain, accept or receive or provide any forged,
31 
counterfeit, altered or falsely made document; or use, attempt to use, provide,
32 
attempt to provide, accept or receive a genuine document, even of another
33 
person, without authority to do so for the purpose of satisfying or complying with
34 
the requirements of the Bureau;
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(n) Those whose presence or activities in the country may result In adverse
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consequences to Philippine foreign policies as determined by the Secretary of
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Foreign Affairs;
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(o) Those who misrepresented themselves as Filipino citizens in all immigration 
matters; and,
(p) Those who commit any violation of the provisions of this Act, independent of any 
criminal action which may be brought against them: Provided, That in case of a 
foreign national who, for any reason, is convicted and sentenced to suffer both 
imprisonment and deportation, said foreign national shall first serve the entire 
period of the sentence before being deported.
SEC. 93. Non-Prescription of Deportation Cases. - The right of the State to 16 
initiate deportation proceedings shall not prescribe.
SEC. 94. Nature of Deportation Proceedings. - Deportation proceedings shall be 
independent of any action that may be instituted against a foreign national: Provided, 
That no deportation orders shall be issued against foreign nationals facing preliminary 
investigation, prosecution and trial before competent authorities.
CHAPTER 2
DEPORTATION OF FOREIGN NATIONALS
SEC. 95. Formai Charge of Deportation. - A formal charge for deportation shall 
be issued upon determination of the existence of a prima facie case against the foreign 
national.
SEC. 96. Baii. - Pending final determination of the foreign national's deportation 
case, the foreign national shall, upon the discretion of the Commissioner, remain under 
detention or be released on bail or recognizance. The bail may be revoked and 
confiscated in favor of the government if there is sufficient evidence that the foreign 
national is evading the proceedings or is attempting to abscond. In which case such 
foreign national shall be taken into custody and placed under detention by order of 
the Commissioner.
SEC. 97. Custody of a Foreign Nationai Convicted of a Feiony or an Cffense. - 
After service of the sentence or compliance with the conditions of parole or probation, 
as the case may be, the foreign national shall be taken into custody for immediate 
deportation by order of the Board.
SEC. 98. Voiuntary Deportation, When Authorized. - The Commissioner may 
waive the deportation proceedings and order the departure of the foreign national 
within the period specified in the voluntary deportation order if the foreign national 
does not contest the formal charge and opts to voluntarily leave the country and pays 
for all expenses: Provided, That the foreign national has not committed any criminal 
offense or has no pending criminal investigation: Provided, further. That the said 
foreign national so deported shall be barred from re-entering the country without prior 
written authorization from the Commissioner.
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SEC. 99. Period to Enforce Order of Deportation. - The order of deportation 
shall be enforced immediately but in no case shall exceed three (3) months from the 
date it has become final and executory. If deportation is not enforced within the 
prescribed period, the foreign national may be released on bail or recognizance.
SEC. 100. Suspension of Deportation Order. - The Commissioner may suspend 
the implementation of the deportation order and order the release of the foreign 
national on bail or recognizance, taking into account the following factors:
(a) Age, health, family or conduct;
(b) Period of detention;
(c) Impact on national security and public welfare;
(d) Unavailability of travel documents;
(e) Existence of an application for refugee or statelessness status; or
(f) Other humanitarian considerations.
SEC. 101. Reinstatement of a Deportation Order. - A deportation order 
previously implemented against a foreign national who unlawfully re-entered the 
Philippines shall be deemed automatically reinstated and shall be implemented In 
accordance with this Act. This provision shall also apply to a foreign national who 
departed voluntarily under Section 98 of this Act and re-entered the Philippines 
unlawfully or without prior written authorization from the Commissioner.
SEC. 102. Country of Destination of a Deportee. - Except as provided for under 
an existing treaty or international agreement, a foreign national shall be deported to 
the country of which the person is a citizen or national, or foreign national's country 
of birth, or the country of which the individual is a resident, or the country from which 
the individual embarked for the Philippines, subject to the acceptance by the receiving 
country.
SEC. 103. 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 under Section 92 of this Act. In all other cases, 
the cost of deportation shall be borne either by the deportee, by the concerned 
consular office, nongovernment organizations or people's organizations with which the 
Bureau has an agreement on this matter, or from the appropriations for the 
enforcement of this Act.
SEC. 104. Liabiiity of Owner, Operator, Captain, Master, Piiot, Agent or 
Consignee of a Vessei. - Failure or refusal on the part of the owner, operator, captain, 
master, pilot, agent or consignee of a vessel to take on board, guard safely and 
transport the deportee to the foreign national's country of destination, or to shoulder 
the cost of deportation of the foreign crew member as provided in the preceding
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Section, shall be subject to the administrative fines prescribed under Section 122 of
2 
this Act.
3 
SEC. 105. Expenses of Accompanying Person. - The Commissioner may, for
4 
security reason or by reason of the mental or physical condition of the deportee, direct
5 
an employee of the Bureau to accompany such deportee to the country of the
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deportee's destination, subject to the provisions of Section 103 of this Act.
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CHAPTER 3
INDIGENT FOREIGN NATIONAL
SEC. 106. Removal of Indigent Foreign National - At any time after entry, the 
Commissioner may remove indigent foreign nationals from the Philippines to the 
country of which they are citizens or nationals, their country of birth, or their country 
of residence, as the case may be. The cost of deportation may be charged against the 
available funds of the Bureau. Any foreign national removed under this section shall 
be barred re-admission except upon written authorization of the Board.
This provision shall not apply to a foreign national declared as an indigent by any 
Philippine court for purposes of filing a case or to pursue an action which resulted in 
the individual's indigency until such case or action is resolved with finality: Provided, 
That no other grounds for deportation exist during the pendency of such case or 
action.
TITLE VI
MISCELLANEOUS PROVISIONS 
CHAPTER 1
REGISTRATION OF FOREIGN NATIONALS
SEC. 107. Requirement of Registration. - All foreign nationals, regardless of any 
exemption provided by law, shall register with the Bureau or any Immigration Office 
nearest to their place of residence on or before the sixtieth (60th) day of their latest 
arrival in the Philippines.
SEC. 108. Registration Form and Oath. - Applications for registration shall be 
under oath and in such form as prescribed by the Bureau. Upon registration, a 
certificate of registration shall be issued to the registrant. In case of loss or destruction 
of the certificate, a replacement certificate may be issued by the Bureau upon proper 
application and payment of prescribed fees.
SEC. 109. Amendment of Registration. - Registered foreign nationals shall 
notify 4 the Bureau in writing of any change of information in their registration 
documents not later 5 than seven (7) days from such change.
SEC. 110. Presentation of Certificate of Registration. - Every foreign national 
required to register under this Act or the parent or guardian of such foreign national
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shall, upon demand by any personnel authorized by the Commissioner, present a 
certificate of registration of such individual, and failure to do so without justifiable 
cause shall be dealt with in accordance with the provisions of this Act.
SEC. 111. Reportoria!Requirements. - Every foreign national registered under 
this Act shall, within the first sixty (60) days of every calendar year, report in person 
to the Bureau. The Commissioner may exempt personal appearance of foreign 
nationals registered under this Act subject to certain requirements and conditions as 
may be prescribed in the rules and regulations issued for the purpose.
SEC. 112. Failure to Comply with Requirements. - A foreign national, or the 
parent or guardian of the foreign national, who, without justifiable reason, fails to 
comply with all the requirements under this Act, or who files an application for 
registration containing statements known by the individual to be false, or who utilizes 
registration documents other than that of the individual, shall be dealt with in 
accordance with the provisions of this Act and other existing laws.
SEC. 113. Cancellation of Registration of Foreign National. - In case of death 
of a foreign national registered under the provisions of this Act, the legal heir, 
representative or administrator of the foreign national must inform the Bureau within 
sixty (60) days from such death, and the Bureau shall cancel the registration of the 
deceased foreign national. The Local Civil Registrar or other civil registry officer of the 
locality where said foreign national died shall furnish the Bureau with a copy of the 
Certificate of Death within thirty (30) days from issuance thereof. Failure on the part 
of the persons concerned to comply with the requirements specified in this Section 
shall be dealt with pursuant to the provisions of existing laws.
CHAPTER 2
BOMDS AMD DEPOSITS
SEC. 114. Bonds, When Required. - The Bureau shall have the authority to 
require cash bonds in such amounts and under such conditions as it may prescribe in 
order to:
(a) control and regulate the admission into, and departure from, the Philippines of 
foreign nationals applying for temporary admission;
(b) Insure against foreign passengers liable to be excluded as likely to become 
public charges; and ensure the appearance of foreign nationals released from 
custody during the course of deportation proceedings instituted against them.
SEC. 115. Requirement of Cash Deposits for Services Rendered. - The Bureau 
shall likewise have the authority to require cash deposits in such amounts as may be 
necessary from a vessel's owner, operator, captain, master, pilot, agent, or consignee
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or other persons served for services rendered as established by the implementing 
rules and regulations.
SEC. 116. Cancellation and Forfeiture of Bonds. - When the conditions of the 
bond are fulfilled, or in case the Commissioner determines that the likelihood that a 
foreign national shall become a public charge no longer exists, or in case of death of 
the foreign national in whose behalf the bond is posted, the bond shall be cancelled 
and released to the depositor or the legal representative of the foreign national. In 
case of violation of the conditions of the bond, the same shall be forfeited and 
deposited in a trust fund account which may be utilized for the purchase of passage 
tickets for the removal of indigent foreign nationals and to cover the costs of 
operations in locating deportees who jump bail.
CHAPTER 3 
RECOGNIZANCE
SEC. 117. Petitions for Recognizance, Sanction for Breach of Conditions - The 
Commissioner may order the release of a foreign national upon recognizance of the 
foreigner's lawyer or a person who is of good standing in the community, under such 
terms and conditions as the Board may prescribe. Failure to comply with the terms 
and conditions of the recognizance shall subject said lawyer or person to a fine of not 
less than Fifty thousand pesos (PhP50,000.00) but not more than One hundred 
thousand pesos (PhP100,000.00), without prejudice to other administrative sanctions 
or proceedings against the erring party.
CHAPTER 4
COOPERATION AND COORDINATION WITH OTHER OFFICES
SEC. 118. Working Cooperation with the Department of Foreign Affairs - For 
purposes of efficient Implementation and administration of this Act, the Bureau shall 
maintain a working cooperation with the DFA.
SEC. 119. Working Cooperation with the Commission on Higher Education 
(CHED). - The Bureau shall maintain a working cooperation with the CHED with 
respect to the accreditation of schools and learning centers for enrollment of foreign 
students as authorized under this Act.
SEC. 120. Working Cooperation with the Civil Aviation Authority of the 
Philippines (CAAP). - The Bureau shall maintain a working cooperation with the CAAP 
with respect to accreditation of flying schools for the enrollment of foreign students.
SEC. 121. Coordination with Law Enforcement, Security and Other Offices. - 
The Bureau shall have the authority to maintain coordination with the National Security
44


Council, the Philippine National Police (PNP), and other law enforcement agencies of 
the government.
CHAPTER 5 
FEES AND CHARGES
SEC. 122. Authority of the Board to Prescribe, Impose and Coiiect Fees and 
Charges. - The Board is authorized to prescribe, impose and collect fees and charges 
for services rendered, pursuant to the provisions of this Act
,0 
CHAPTER 6
I, 
ADMINISTRATIVE FINES
12 
SEC. 123. Fine for Faiiing to Submit Crew List or Passenger Manifest, or Faiiure
13 
to Account Every Passenger and Crew. - Any owner, operator, master, captain, pilot,
14 
agent, or consignee of a vessel arriving at any port in the Philippines from a place
15 
outside thereof who fails to submit to the immigration authorities a complete and
16 
accurate crew list or passenger manifest, or fails to produce or account every
17 
crewmember or passenger whose name appears in said list or manifest shall be
18 
subject to fines of One hundred thousand pesos (PhP100,000.00) and Fifty thousand
19 
pesos (PhP50,000.00) for each unaccounted person, respectively.
20 
SEC. 124. Fine for Vioiation of Obiigation on the Landing or Removai of Foreign
21 
Nationais. - Any owner, operator, master, captain, pilot, agent, or consignee of any
22 
vessel arriving at a port of the Philippines from a place outside thereof having a foreign
23 
national on board in violation of this Act shall be fined not less than Fifty Thousand
24 
pesos (PhP50,000.00) but not more than Two hundred thousand pesos
25 
(PhP200,000.00) for each act or violation consisting of:
26 
(a) Failure to prevent the landing of such foreign national in the Philippines at any
27 
time or place other than as designated by the Immigration Officer;
28 
(b) Refusal or failure to detain a foreign national on board any such vessel at the
29 
port of arrival when required by this Act or so ordered by an Immigration Officer;
30 
(c) Refusal or failure to deliver a foreign national for medical or other examinations
31 
when so ordered by an Immigration Personnel;
32 
(d) Refusal or failure to pay the cost of maintenance and other costs, as required by
33 
this Act, of such foreign national when temporarily removed from the vessels for
34 
examination by order of the Immigration Officer;
35 
(e) Refusal to receive such foreign national on board for removal from the Philippines
36 
if the foreign national is excluded, or to pay the cost of removal as required
37 
under Sections 90 and 104 of this Act;
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(f) Refusal or failure to take on board, guard safely and transport the deportee to 
the foreign national's country of destination, or to shoulder the cost of 
deportation of the foreign crew member;
(g) Making any charge against such foreign national for the cost referred to in (d) 
above, or for the cost of the removal of the foreign national from the Philippines 
if the latter is excluded, or taking any security from the foreign national for the 
payment of any such costs.
SEC. 125. Fine for Bringing Undocumented Foreign Nationai, or Foreign Nationai 
Affiicted with Communicabie or Contagious Diseasef or Suffering from Mentai 
Disorder. - The owner, operator, master, captain, pilot, agent, or consignee of the 
vessel arriving at a port in the Philippines from a place outside thereof bringing on 
board an undocumented foreign nationai shall be fined One hundred thousand pesos 
(PhP100,000.00) for each foreign national. If the foreign national 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 (PhP200,000.00) but not more 
than Three hundred thousand pesos (PhP300,000.00) for each foreign national.
SEC. 126. Fine for Bringing a Foreign Nationai to Assist His liiegai Entry or 
Misrepresenting a Foreign National as a Member of the Crew. - The owner, operator, 
master, captain, pilot, agent, or consignee of the vessel arriving at any port in the 
Philippines from a place outside thereof bringing on board a foreign national bound 
for the Philippines to assist the illegal entry of the foreign nationai, or misrepresenting 
the foreign national to the Immigration Officer at the port of arrival as a bona fide 
member of the crew, shall be fined not less than One hundred thousand pesos 
(PhP100,000.00) but not more than Two hundred thousand pesos (PhP200,000.00) 
for each foreign national.
SEC. 127. Fine for an Overstaying Crewmember. - Any foreign crewmember 
who willfully remains in the Philippines beyond the period allowed for temporary 
landing shall be fined not less than Fifty thousand pesos (PhP50,000.00) but not more 
than One hundred thousand pesos (PhP100,000.00). The owner, operator, master, 
captain, pilot, agent, or consignee of the vessel shall be solidarily liable for the fine 
imposed on such overstaying crewmember.
SEC. 128. Fine for Assaulting an Immigration Personnel. - Any form of assault 
directed to any personnel of the Bureau is an act of disrespect. In case the assault is 
committed by a foreign national at the ports of entry and exit, such foreign national 
shall be excluded or deported, as the case may be, and shall be fined Two Hundred 
Thousand Pesos (PhP200,000.00) without prejudice to the right of the aggrieved 
Immigration Personnel to file appropriate criminal, civil or administrative cases against 
such person.
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For purposes of this Act, an Immigration Officer shall be considered a person In
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authority while in the performance of official duty.
3 
SEC. 129. Fine for Violation of Other Provisions of this Act - The owner,
4 
operator, master, captain, pilot, agent, or consignee of any vessel arriving at any port
5 
of the Philippines from a place outside thereof who violates any other provision of this
6 
Act not specifically provided in this Chapter shall be fined not less than Fifty thousand
7 
pesos (PhP50,000.00) but not more than Two hundred thousand pesos
8 
(PhP200,000.00) for each violation.
10 
CHAPTER 7
1, 
PE^AL PROVISIONS
12 
SEC. 130. Prohibited Acts and Penalties. - Any person who shall commit any of
13 
the acts specified hereunder shall, upon conviction, suffer the penalty of Imprisonment
14 
for not less than five (5) years but not more than ten (10) years, or a fine of not less
15 
than One hundred thousand pesos (PhP100,000.00) but not more than Five hundred
16 
thousand pesos (PhP500,000.00), or both Imprisonment and fine, at the discretion of
17 
the court:
18 
(a) Impersonating another individual, or falsely appearing in the name of a
19 
deceased individual, or evading Immigration laws by using an assumed or
20 
fictitious name when applying for an immigration document;
21 
(b) Issuing or otherwise delivering an immigration document or an immigration
22 
accountable form to any person not authorized by law to receive such
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documents;
24 
(c) Obtaining, manufacturing, printing, accepting or using any immigration or
25 
travel document knowing It to be false, or using an immigration accountable
26 
form that is not legally issued;
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(d) Entering or leaving the Philippines without inspection and admission by the
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immigration authorities, or obtaining entry into or departure clearance from the
29 
Philippines through fraud, misrepresentation, or concealment of material facts;
30 
(e) Misrepresenting oneself to be a citizen of the Philippines;
31 
(f) Knowingly making any false statement under oath regarding any immigration
32 
matter; or
33 
(g) Bringing into, or landing in the Philippines, or concealing, harboring, employing,
34 
or giving comfort to, any person not duly admitted by an Immigration Personnel
35 
or not lawfully entitled to enter into or reside within the Philippines, or
36 
attempting, conspiring with, or aiding another to commit any such acts.
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Where the offender of any acts specified in paragraph (g) of this section is a
2 
corporation, partnership or other juridical entity, the president, general manager,
3 
managing partner, or chief executive officer thereof shall be held liable. Dismissal of
4 
the employee by the employer before or after apprehension shall not relieve such
5 
employer from any liability arising from the offense: Provided, That if the offender is
6 
the owner, operator, master, captain, pilot, agent, or consignee, or other person in
7 
charge of the vessel that brought the foreign national into the Philippines from any
8 
place outside thereof, the fine imposed under this section shall constitute a lien against
9 
the vessel which may be enforced in the same manner as fines are collected and
10 
enforced under existing laws. Such vessel shall not oe allowed to depart without prior
11 
clearance issued by the Bureau. Where forfeiture is justified under the particular
12 
circumstances of the case, the forfeiture of the vessel in favor of the government in
13 
lieu of the fine shall be decreed.
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Conviction by final judgment of any offense punishable under this Act or other
15 
related laws shall result in the automatic revocation or cancellation of any immigration
16 
document issued to the offender, including that of the foreign national's spouse and
17 
unmarried children, if applicable.
18 
SEC. 131. Penalty for Aiding the Escape of Detained Foreign National, - Any
19 
person who shall be found to have helped, assisted, supported, caused or ministered
20 
the escape, including harboring and concealing, of a foreign national shall, upon
21 
conviction, be imprisoned for not less than five (5) years but not more than ten (10)
22 
years and a fine of not less than Two hundred thousand pesos (PhP200,000.00):
23 
Provided, That if the person liable is a foreign national, such person shall be deported
24 
after service of sentence: Provided,, further. That any tools, equipment, implements
25 
or vehicles used in the escape of a detained foreign national shall be destroyed or
26 
forfeited in favor of the government.
27 
SEC. 132. Penalty for Non-compiianee of Subpoena. - Any person who, having
28 
been duly served with a subpoena, fails to comply without valid and justifiable reasons
29 
shall suffer the penalty of imprisonment of not more than fifteen (15) days or a fine
30 
of not more than One thousand pesos (PhPl,000.00), or both, at the discretion of the
31 
court.
32 
SEC 133. Imposition of Maximum Penalty, When Applicable. - A person
33 
convicted under Republic Act No. 3019, as amended, otherwise Known as the 'Anti-
34 
Graft and Corrupt Practices Act", or other laws against corruption and bribery in
35 
relation to any violation or circumvention of any provision of this Act shall suffer the
36 
maximum penalty under the said Republic Act or other laws against corruption and
37 
bribery, as the case may be.
48


CHAPTER 8
UPGRADING OF POSITIONS, COMPENSATION AND BENEFITS
SEC. 134. Creation of New Positions, Reclassification of Existing Positions and 
Upgrading of Salary Levels. - The following positions in the Bureau are hereby created, 
and the existing positions reclassified or upgraded, with the corresponding salary 
grade levels:
EXISTING POSITION
RECLASSIFIED POSITION/ 
NEWLY CREATED 
POSITION
SALARY
GRADE
From
To
Commissioner
Commissioner III
30
30
Deputy Commissioner
Deputy Commissioner III
29
29
Director II,
Internal Affairs Service
26
Attorney V
(Board of Special Inquiry)
Attorney V,
Board of Special Inquiry
25
25
Attorney IV
(Board of Special Inquiry)
Attorney IV,
Board of Special Inquiry
23
23
Attorney III,
Board of Special Inquiry
Attorney III,
Board of Special Inquiry
21
21
Attorney V (Legal Division)
Chief Legal Affairs Officer
25
25
Attorney IV (Legal Division)
Attorney IV, Legal Division
23
23
Attorney III (Legal Division)
Attorney III, Legal Division
21
21
Chief Administrative Officer 
(Administrative Division)
Chief Administrative Officer
24
24
Supervising Administrative Officer 
(Administrative Division)
Supervising Administrative 
Officer, Administrative Division
22
22
Chief Immigration Officer 
(Allen Registration Division)
Chief Alien Registration Officer
24
24
Intelligence Officer V 
(Intelligence Division)
Chief Immigration 
Intelligence Officer
24
24
Chief Immigration Law 
Enforcement Officer
24
Chief Immigration Officer 
(Port Operations Division)
Chief Immigration 
Operations Officer
24
24
Chief Immigration Officer 
(Immigration Regulation Division)
Chief Immigration 
Regulation Officer
24
24
49


EXISTING POSITION
RECLASSIFIED POSITION/ 
NEWLY CREATED 
r’OSITION
SALARY
GRADE
From
To
Chief Fluman Resource 
Management Officer 
(Chief Personnel Specialist)
24
Supervising Fluman Resource 
Management Officer
22
Chief Administrative Officer 
(Finance & Management Division)
Chief Finance and 
Logistics Officer
24
24
Supervising Administrative Officer 
(Finance & Management Division)
Supervising Administrative 
Officer, Finance and 
Logistics Division
22
22
Planning Officer V 
(Planning and Policy Division)
Chief Planning and 
Research Officer
24
24
Planning Officer IV (PPD)
Planning and Research 
Officer IV
22
22
Planning Officer III (PPD)
Planning and Research 
Officer III
18
18
Planning Officer II (PPD)
Planning and Research 
Officer II
15
15
Planning Officer I (PPD)
Planning and Research 
Officer I
11
11
Information Technology 
Officer III (Management 
Information System DIv)
Chief Information 
and Communications 
Technology Officer
24
24
Information Technology Officer
Information Technology Officer
19
19
Information System Analyst II
Information System Analyst II
16
16
Supervising Immigration Officer 
(IRD, ARD, POD)
Supervising Immigration 
Officer
22
22
Intelligence Officer IV
Senior Immigration Officer
Senior Immigration Officer
19
20
Immigration Officer
Immigration Officer III
16
18
Intelligence Officer
Immigration Officer
Immigration Officer II
13
15
Intelligence Officer
Special Investigator II
Immigration Officer
Immigration Officer I
11
13
Intelligence Officer
50


EXISTING POSITION
RECLASSIFIED POSITION/ 
NEWLY CREATED 
POSITION
SALARY
GRADE
From
To
Special Investigator II
Immigration Officer I
11
13
Intelligence Agent II
Immigration Assistant
Administrative Officer V 
(Administrative Officer III)
Administrative Officer V
18
18
Administrative Officer V 
(Cashier III)
Administrative Officer V 
(HRMO III)
Administrative Officer V 
(Records Officer III)
Administrative Officer V 
(Supply Officer III)
Administrative Officer V 
(Procurement)
Administrative Officer V 
(Management and Audit 
Analyst III)
Administrative Officer V 
(Budget Officer III)
Medical Officer III
Medical Officer III
21
21
Computer Programmer II
Information Technology 
Officer I
15
19
Computer Maintenance 
Technologist II
Dentist II
Dentist II
17
17
Fingerprint Examiner IV
Fingerprint Examiner IV
15
15
Accountant III
Accountant III
19
19
Accountant II
Accountant II
16
16
Accountant I
Accountant I
12
12
Board Secretary V
24
Regional Programs Coordinator
22
Training Specialist III
18
Psychologist III
18
Document Examiner III
18
Training Specialist II
15
51


EXISTING POSITION
RECLASSIFIED POSITION/ 
NEVfLY CREATED 
POSITION
SALARY
GRADE
From
To
Project Development Officer II
15
Psychologist II
15
Security Officer II
15
Computer Programmer I
11
2 
Upon the recommendation of the Commissioner, the Secretary of the DOJ shall
3 
reorganize, upgrade, or otherwise make adjustments in the offices of the Bureau as
4 
required by the implementation of this Act: Provided, That to the extent possible, the
5 
incumbent chiefs of sections and divisions whose offices are hereby affected may be
6 
upgraded to positions of comparable rank in the reorganization: Provided, further,
I 
That for the new positions created under this Act, the Board shall designate the
8 
personnel thereof.
9 
SEC. 135. Additionai Grant of Benefits. - The Bureau shall provide its employees
10 
with the following benefits:
II 
(1) Health care services through an accredited Health Maintenance Organization for
12 
its regular employees;
13 
(2) Accident Insurance policies for all employees;
14 
(3) Night Shift differential and overtime pay for actual work rendered, in accordance
15 
with existing guidelines;
16 
(4) Longevity pay, subject to guidelines that shall be issued by the Board in
17 
accordance with existing laws and regulations and subject to the approval of the
18 
Secretary of the DBM;
19 
(5) Transportation benefits;
20 
(6) Quarters allowance; and,
21 
(7) Hazard pay amounting to twenty percent (20%) of basic salary to qualified
22 
employees as may be determined by the Board.
23 
SEC. 136. Retention and Use of Immigration Fees, Fines and Other Income;
24 
Immigration Trust Fund. - The Board is hereby authorized to retain and use every
25 
year thirty per cent (30%) of its collections from immigration fees, fines and penalties,
26 
and other Oncome that may be collected by the Bureau for the effective
27 
implementation of this Act; Provided, That the amount so retained and used by the
28 
Board shall not exceed One billion two hundred million pesos (PhPl.2 Billion) every
29 
year; Provided, further, that the Board shall review every three (3) years the maximum
30 
allowable retained collections based on the needs of the Bureau under this Section,
52


9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
subject to the approval by the DBM; Provided, finally, that any excess in the collections 
under this paragraph shall accrue to the general fund of the national government.
There is hereby created an Immigration Trust Fund (ITF) sourced from the 
collections mentioned in this section. The ITF shall be administered by the Board in 
accordance with existing government auditing rules and regulations, and shall be used 
exclusively as follows:
(a) 50% for the modernization of equipment, facilities and offices used by employees 
of the Bureau, including capital outlay for the establishment of new buildings and 
field offices for the effective implementation of this Act;
(b) 30% for the payment of employee benefits provided in this Act, and as may be 
hereafter provided by the Board with the approval of the Secretary of the DOJ; 
and
(c) 20% for the further professionalization of the employees of the Bureau including 
trainings, seminars and other career advancement programs.
All Interest Income, dividends and earnings accrued from the ITF shall also form 
part of the Fund. No portion of the ITF shall revert to the general fund ofthe National 
Government, except when the ITF is no longer necessary for the purposes for which 
it was established.
Collections from express lane fees under Section ll(o) of this Act shall not form 
part ofthe ITF, and shall be used strictly in accordance with the said provision.
CHAPTER 9
TRANSITORY PROVISIONS
SEC. 137. Interim Period. — The incumbent Commissioner and the two Deputy 
5 Commissioners, if qualified under this Act, shall continue to discharge the functions 
of their 6 position unless otherwise removed by the President. Ail personnel of the 
present Bureau of Immigration shall continue to discharge the functions of their 
positions pending the reorganization as provided in this Act.
SEC. 138. Reorganization of the Bureau. - Upon approval of this Act, all 10 
employees of the Bureau of Immigration covered by civil service rules and regulations 
shall continue to hold their present positions pending the reorganization of the Bureau 
in accordance with the new staffing pattern: Provided, That the salaries, wages, 
allowances and other benefits of incumbent officers and employees of the Bureau shall 
not be subject to diminution: Provided, further. That employees who have been 
dismissed for cause shall no longer qualify for any position in the Bureau.
SEC. 139. Inventory and Transfer of Properties, Accounts, Assets, Liabilities and 
Obligations to the Commission. - All buildings, properties, equipment, facilities.
53


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
accounts, other assets, liabilities and other obligations as well as records of the Bureau 
of Immigration shall be properly inventoried and transferred to the Bureau.
SEC. 140. Treaty or Agreement - Any treaty or agreement entered Into 
between the Philippines and any foreign state before the effectivlty of this Act shall 
remain in force and effect.
SEC. 141. Pending Cases. - Any prosecution, suit, action, proceeding, or any 
act or matter, civil or criminal, pending at the time of the effectivity of this Act shall 
not be affected by any of the provisions of this Act unless otherwise explicitly stated 
herein.
CHAPTER 10
ADMINISTRATION AND IMPLEMENTATION
SEC. 142. Administration and Implementation Abroad. - The administration and 
implementation of this Act abroad, including the rules and regulations, and specific 
visa policies or guidelines, shall be the responsibility of the DFA, with due notice to 
the Bureau and other concerned agencies and offices.
SEC. 143. Implementing Rules and Regulations. - Within sixty (60) days from 
the effectivlty of this Act, the Bureau shall. In coordination with the Secretaries of the 
DBM, the DOJ and the DFA, promulgate the rules and regulations for its effective 
implementation.
SEC. 144. Appropriations. - The amount necessary to cover the Initial 
implementation of this Act shall be charged against the following:
(a) Current year's appropriation of the Bureau of Immigration; and
(b) Immigration fees, fines and other income authorized under Section 134 of this 
Act.
Thereafter, such sums as may be needed for its continued implementation shall 
be Included in the annual General Appropriations Act or sourced from the Immigration 
Trust Fund pursuant to Section 134 of this Act.
CHAPTER 11 
FINAL PROVISIONS
SEC. 145. Separability Clause. - If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provision not affected thereby shall 
remain in force and effect.
54


SEC. 146. Repealing Clause. - Commonwealth Act No. 613, otherwise known 
as the "Philippines Immigration Act of1940", as amended, and the Republic Act No. 
750, are hereby repealed.
All provisions of existing laws, orders, rules and regulations or parts thereof 
which are in conflict or inconsistent with the provisions of this Act are hereby repealed, 
amended or modified accordingly.
SEC. 147. Effectivity. - This Act shall take effect after fifteen (15) days following 
the completion of Its publication either in the Official Gazette or in a newspaper of 
general circulation in the Philippines.
Approved,
55