1
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. ____ 
Introduced by CIBAC Party-List Representative 
HON. EDUARDO “BRO. EDDIE” C. VILLANUEVA 
AN ACT 
REQUIRING ALL FOREIGN NATIONALS WHO INTEND TO WORK IN 
THE PHILIPPINES TO PRESENT AN EMPLOYMENT PERMIT PRIOR 
TO THE ISSUANCE OF NON-IMMIGRANT VISA OR TEMPORARY 
ADMISSION TO THE PHILIPPINES, AMENDING FOR THE PURPOSE 
COMMONWEALTH ACT NO. 613, AS AMENDED, OTHERWISE 
KNOWN AS THE PHILIPPINE IMMIGRATION ACT OF 1940 
EXPLANATORY NOTE 
The Philippine Constitution provides that the State shall develop a 
self-reliant economy effectively controlled by Filipinos (Article 2, Section 
19).  It also provides that the State shall promote the preferential use of 
labor and adopt measures to help them become competitive (Article 12, 
Section 12).  
Consistent with these policies, Article 40 of the Philippine Labor 
Code requires any foreign worker seeking admission for purposes of 
employment in the Philippines to secure an alien employment permit 
(AEP) from the Department of Labor and Employment.  The AEP can only 
be issued after a determination that there are no Filipinos capable, able 
and willing to do the job for which the foreigner is being hired.  
Meanwhile, in order to expedite the issuance of permits to foreigners 
who intend to work in the Philippines for less than six months, the Bureau 
October 17, 2022
8:30 am
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of Immigration (Bureau or BI) issued AFFJr.-No.05-009 which exempted 
foreigners from getting an AEP if they will only work in the Philippines for 
a period less than six months. In this case, they shall only be required to 
secure a special working permit (SWP) from the Bureau. Compared to the 
issuance of AEP, the process of getting an SWP is less stringent.  
 
According to DOLE, it has issued 115,652 AEPs from 2015 to 2017,1 
while the BI has issued 185,099 SWPs in 2018 alone.2 Thus, it appears 
that there is a disproportionate number of SWPs issued by the BI 
compared to the number of AEPs issued by the DOLE.  
 
This is especially alarming considering that the Bureau’s authority 
to issue work permits appears questionable. Section 9(a), 3  Section 
42(a)(32), 4 and Section 42(a)(33) 5 of Commonwealth Act No. 613, as 
amended (Philippine Immigration Act or BI Charter), relied upon by the 
Bureau as legal basis for its authority, do not give the BI clear authority to 
issue a work permit.6 Section 9(a) merely authorizes the BI to issue visa 
to foreigners who will come to the country for “business or for pleasure or 
for reasons of health,” while Section 42 merely allows the BI to collect 
fees. 
 
This anomaly is even aggravated by the fact that in 2018, we 
discovered that the Bureau’s satellite office in SM Aura issues SWPs in 
one day, upon payment of an additional un-receipted fee Php5,000. In the 
meantime, during the deliberations of the proposed 2019 budget of the 
Bureau, when the BI was asked the process for the issuance of SWPs, it 
was unable to provide a clear answer. 
 
These questionable practices have resulted in the increasing 
number of foreign workers in the country, some of whom were found to be 
illegally working here. In 2018, BI arrested close to 800 foreign nationals 
and deported 611 foreign nationals illegally working in the country.7  
This bill seeks to amend the Philippine Immigration Act to clarify the 
authority of the Bureau to issue work-related visa, permits and other visa 
 
1 October 1, 2018. Response letter from the Department of Labor and Employment to the Office of Senator Joel Villanueva on the request for the 
official number of foreign nationals with AEP. 
2 December 11, 2018. Response letter from the Bureau of Immigration to the Office of Senator Joel Villanueva on SWPs issued to Foreign Nationals 
3 SECTION 9. Aliens departing from any place outside the Philippines, who are otherwise admissible and who qualify within one of the following 
categories, may be admitted as nonimmigrants: 
(a) A temporary visitor coming for business or for pleasure or for reasons of health; 
4 SECTION 42. (a) In addition to the documentary stamp required by existing law, there shall be collected and paid into the Philippine Treasury 
the following fees for services, as indicated, for aliens seeking to enter or remain in the Philippines under the provisions of this Act: 
(32) Waiver of objection of exclusion under Section 29(b) - 100.00 
5 (33) Petition for permit to work – 30.00 
6 BI Operation Order No. JHM-2018-011 cited Section 9 and Section 42(a)(32) as basis for BI’s authority to issue work permits, while the draft 
Clarificatory Joint Guidelines of DOLE and BI on the issuance of work permits cited Section 42(a)(33). 
7  February 5, 2019. :74% of foreigners arrested 
in 2018 from China 
— Immigration”. 
Philstar Global. Retrieved from: 
https://www.philstar.com/headlines/2019/02/05/1890978/74-foreigners-arrested-2018-china-immigration. (Date last accessed: 25 July 2019) 
 


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issued to temporary visitors coming for business or those temporarily 
admitted to the Philippines. Towards this end, it clarifies that: 
1) A temporary visitor admitted under Section 9(a) shall not be allowed
to engage in activities or render services whether in an employment
arrangement or otherwise, without an alien employment permit or a
certification from the DOLE that there is no other Filipino capable,
able and willing to do the job for which the foreigner is being hired,
after conducting the appropriate labor market test, as appropriate;
2) An applicant for a pre-arranged employment visa must provide an
AEP issued by the DOLE before such visa is issued by the Bureau;
3) All foreign nationals who intend to work in the Philippines,
regardless of the period of employment, must secure an AEP from
the DOLE or a certification that there is no other Filipino capable,
able and willing to do the job for which the foreigner is being hired
before he/she can be issued a non-quota immigration visa;
4) A foreigner applying for temporary admission under Section 29(b)
of the BI Charter, who desires to engage in gainful employment in
the Philippines must secure an AEP from the DOLE or a certification
that there is no other Filipino capable, able and willing to do the job
for which the foreigner is being hired before he/she can be
temporarily admitted in the country;
5) The “Petition for Permit to Work” referred to in Section 42(a)(33) of
the BI Charter is issued only in relation to an application for a pre-
arranged employment visa under Section 9(g) of the BI Charter; and
6) A foreign national who is working in the Philippines without a valid
work visa shall be punished with a fine ranging from Php500,000 to
Php5 Million, in addition to imprisonment of not more than two years
and deportation, if he is an alien.
The immediate passage of this bill is earnestly sought. 
HON. EDUARDO “BRO. EDDIE” C. VILLANUEVA 


4
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. ____ 
Introduced by CIBAC Party-List Representative 
HON. EDUARDO “BRO. EDDIE” C. VILLANUEVA 
AN ACT 
REQUIRING ALL FOREIGN NATIONALS WHO INTEND TO WORK IN 
THE PHILIPPINES TO PRESENT AN EMPLOYMENT PERMIT PRIOR 
TO THE ISSUANCE OF NON-IMMIGRANT VISA OR TEMPORARY 
ADMISSION TO THE PHILIPPINES, AMENDING FOR THE PURPOSE 
COMMONWEALTH ACT NO. 613, AS AMENDED, OTHERWISE 
KNOWN AS THE PHILIPPINE IMMIGRATION ACT OF 1940 
Be it enacted by the Senate and House of Representatives of the 
1 
Philippines in Congress assembled:
2 
3 
SECTION 1. Declaration of Policy. – The Philippine Constitution 
4 
provides that the State shall promote the preferential use of Filipino labor, 
5 
domestic materials and locally produced goods, and adopt measures that 
6 
help make them competitive. It also provides that the State shall develop 
7 
a self-reliant and independent national economy effectively controlled by 
8 
Filipinos.  
9 
10 
Pursuant to this, the State shall ensure that capable, able and willing 
11 
Filipino workers are not deprived of job opportunities in the Philippines 
12 
through efficient and transparent enforcement of regulations on the entry 
13 
and employment of foreign nationals in the country. 
14 
15 
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SEC. 2. Section 9(a) of Commonwealth Act No. 613, as amended, 
1 
otherwise known as the Philippine Immigration Act of 1940, is hereby 
2 
further amended to read as follows:  
3 
 
4 
Sec. 9. Aliens departing from any place outside the Philippines, 
5 
who are otherwise admissible and who qualify within one of the 
6 
following categories, may be admitted as nonimmigrants:  
7 
 
8 
(a) A temporary visitor coming for business or for pleasure or for 
9 
reasons of health; PROVIDED, THAT NO SUCH TEMPORARY 
10 
VISITOR SHALL BE ALLOWED TO ENGAGE IN ACTIVITIES OR 
11 
RENDER SERVICES WHETHER IN AN EMPLOYMENT 
12 
ARRANGEMENT OR OTHERWISE, WITHOUT AN ALIEN 
13 
EMPLOYMENT PERMIT OR A CERTIFICATION FROM THE 
14 
DEPARTMENT OF LABOR AND EMPLOYMENT THAT THERE 
15 
IS NO OTHER FILIPINO CAPABLE, ABLE AND WILLING TO DO 
16 
THE JOB FOR WHICH THE FOREIGNER IS BEING HIRED, 
17 
AFTER CONDUCTING THE APPROPRIATE LABOR MARKET 
18 
TEST, AS NECESSARY. 
19 
 
20 
SEC. 3. Section 20 of the Philippine Immigration Act of 1940, as 
21 
amended, is hereby further amended to read as follows:  
22 
 
23 
SEC. 20. In case of prearranged employment. 
24 
 
 
25 
A passport visa for nonimmigrant referred to in Section Nine (g) of 
26 
this Act who is coming to prearranged employment shall not be 
27 
issued by a consular officer until the consular officer shall have 
28 
received authorization for the issuance of the visa. Such 
29 
authorization shall be given only on petition filed with the 
30 
Commissioner of Immigration establishing that no person can be 
31 
found in the Philippines willing and competent to perform the labor 
32 
or service for which the nonimmigrant is desired AS 
33 
DETERMINED BY THE DEPARTMENT OF LABOR AND 
34 
EMPLOYMENT (DOLE) and that the nonimmigrant’s admission 
35 
would be beneficial to the public interest.  The petition shall be 
36 
made under oath, in the form and manner prescribed by 
37 
regulations, by the prospective employer or his representative.  
38 
 
39 
Filing of petition under oath. – The petition shall state fully the 
40 
nature of the labor or service for which the nonimmigrant is 
41 
desired, the probable length of time for which he/SHE is to be 
42 
engaged, the wages and other compensation which he/SHE is to 
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receive, the reasons why a person in the Philippines cannot be 
1 
engaged to perform the labor or service for which the 
2 
nonimmigrant is desired and why the nonimmigrant’s admission 
3 
would be beneficial to the public interest.  
4 
 
5 
Accompanying 
documents. 
– 
The 
petition 
shall 
be 
6 
accompanied by a certified copy of any written contract or 
7 
agreement entered into for the NON immigrant’s service and shall 
8 
contain such additional information as may be deemed material. 
9 
Substantiation of all the allegations made in the petition shall be 
10 
required and the allegations that no person can be found in the 
11 
Philippines willing and competent to perform the labor or service 
12 
for which the nonimmigrant is desired and that the nonimmigrant’s 
13 
admission would be beneficial to the public interest shall be 
14 
established beyond doubt by convincing and satisfactory 
15 
evidence, PROVIDED THAT, IN ALL CASES, THE PETITION 
16 
SHALL BE SUPPORTED BY AN ALIEN EMPLOYMENT PERMIT 
17 
ISSUED 
BY 
THE 
DEPARTMENT 
OF 
LABOR 
AND 
18 
EMPLOYMENT IN ACCORDANCE WITH THE REQUIREMENTS 
19 
OF PRESIDENTIAL DECREE NO. 442, AS AMENDED. The title 
20 
“Immigration Visas for Non-quota Immigrant” shall be understood 
21 
to refer only to section twenty-one of the same Act.  
22 
 
23 
x x x 
24 
 
 
 
25 
SEC. 4. A new Section 20-A shall be inserted as follows:  
26 
 
27 
SEC. 20-A. IN ALL CASES, THE COMMISIONER OR ANY OF 
28 
ITS AUTHORIZED REPRESENTATIVES SHALL REQUIRE 
29 
ANY FOREIGN NATIONAL WHO INTEND TO ENGAGE IN 
30 
GAINFUL 
EMPLOYMENT 
IN 
THE 
PHILIPPINES, 
31 
REGARDLESS OF THE DURATION OF EMPLOYMENT, TO 
32 
SECURE 
AN 
ALIEN 
EMPLOYMENT 
PERMIT 
OR 
A 
33 
CERTIFICATION FROM THE DEPARTMENT OF LABOR AND 
34 
EMPLOYMENT THAT THERE IS NO OTHER FILIPINO 
35 
CAPABLE, ABLE AND WILLING TO DO THE JOB FOR WHICH 
36 
THE FOREIGNER IS BEING HIRED BEFORE ISSUING A NON-
37 
QUOTA IMMIGRATION VISA IN ACCORDANCE WITH THIS 
38 
ACT.  
39 
 
40 
SEC. 5. Section 29 (b)(2) of the Philippine Immigration Act of 1940, 
41 
as amended, is hereby further amended to read as follows: 
42 
 
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7
Sec. 29.   
1 
 
2 
x x x 
3 
  
4 
(b) Notwithstanding the provisions of this Section, the 
5 
Commissioner of Immigration, in his discretion, may permit to 
6 
enter any alien properly documented, who is subject to exclusion 
7 
under this section, but who is:  
8 
 
9 
1. An alien lawfully resident in the Philippines who is returning from 
10 
a temporary visit abroad;  
11 
 
12 
2. An alien applying for temporary admission; PROVIDED, THAT 
13 
AN ALIEN APPLYING FOR TEMPORARY ADMISSION FOR 
14 
THE 
PURPOSES 
OF 
GAINFUL 
EMPLOYMENT 
SHALL 
15 
SECURE 
AN 
ALIEN 
EMPLOYMENT 
PERMIT 
OR 
A 
16 
CERTIFICATION FROM THE DEPARTMENT OF LABOR AND 
17 
EMPLOYMENT THAT THERE IS NO OTHER FILIPINO 
18 
CAPABLE, ABLE AND WILLING TO DO THE JOB FOR WHICH 
19 
THE FOREIGNER IS BEING HIRED AFTER CONDUCTING A 
20 
LABOR MARKET TEST, BEFORE THE ALIEN IS GRANTED 
21 
TEMPORARY ADMISSION BY THE COMMISSIONER OF 
22 
IMMIGRATION. 
23 
 
24 
 
SEC. 6. Section 42(a)(33) of the Philippine Immigration Act of 1940, 
25 
as amended, is hereby further amended to read as follows: 
26 
 
27 
Sec. 42. (a) In addition to the documentary stamp required by 
28 
existing law, there shall be collected and paid into the Philippine 
29 
Treasury the following fees for services, as indicated, for aliens 
30 
seeking to enter or remain in the Philippines under the provisions 
31 
of this Act: 
32 
x x x 
33 
33. Petition for permit to work IN RELATION TO AN APPLICATION 
34 
FOR A PRE-ARRANGED EMPLOYMENT VISA UNDER SECTION 
35 
9(G) OF THIS ACT - 30.00  
36 
 
37 
SEC. 7. Section 45 of the Philippine Immigration Act of 1940, as 
38 
amended, is hereby further amended to read as follows: 
39 
 
40 
Sec. 45. Any individual who:  
41 
 
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(a) When applying for an immigration document, impersonates 
1 
another individual, or falsely appears in the name of deceased 
2 
individual, or evades the immigration laws by appearing under an 
3 
assumed or fictitious name; or 
4 
 
5 
x x x 
6 
 
7 
(h) IS WORKING IN THE PHILIPPINES WITHOUT A VALID 
8 
WORK VISA AS REQUIRED UNDER THIS ACT;  
9 
 
10 
(I) Attempts or conspires with one another to commit any of the 
11 
foregoing acts, shall be guilty of an offense, and upon conviction 
12 
thereof, shall be fined [not more than one thousand pesos] IN AN 
13 
AMOUNT RANGING FROM FIVE HUNDRED THOUSAND 
14 
PESOS 
(Php500,000.00) 
TO 
FIVE 
MILLION 
PESOS 
15 
(Php5,000,000.00), and imprisoned for not more than two (2) 
16 
years, and deported if he is an alien.  
17 
 
18 
SEC. 8. Implementing Rules and Regulations. – Within ninety (90) 
19 
days from the effectivity of this Act, the Bureau of Immigration, in 
20 
coordination with the Department of Labor and Employment (DOLE), other 
21 
appropriate government agencies, and other relevant stakeholders, shall 
22 
formulate the necessary rules and regulations to implement the provisions 
23 
of this Act. All agencies that are authorized under existing laws to issue a 
24 
work permit or a license of similar import shall be coordinated with DOLE 
25 
for proper certification and recordkeeping.  
26 
 
27 
SEC. 9.  Separability Clause. – If any provision of this Act or any 
28 
part thereof shall be declared unconstitutional or invalid, the other 
29 
provisions, as far as they are separable, shall remain in force and effect. 
30 
 
31 
SEC. 10. Repealing Clause. – All laws, orders and issuances, rules 
32 
and regulations and/or parts thereof inconsistent with the provisions of this 
33 
Act are hereby repealed or modified accordingly.  
34 
 
35 
SEC. 11. Effectivity Clause. – This Act shall take effect after fifteen 
36 
(15) days from its publication in the Official Gazette or in at least two (2) 
37 
newspapers of general circulation.  
38 
 
39 
Approved, 
40