REPRESENTATIVES
RECEIVED

Hous.

pare: 30 dll nig
Republie of the Philippines es
HOUSE OF REPRESENTATIVES| Tes
Quezon City By

SEVENTEENTH CONGRE:
First Regular Session

Re eSTPATION UNIT
AND NRL SERVIC

HOUSE BILL NO, 162

Introduced by REP. FELICIANO BELMONTE, JR.

PLANATORY NOT

‘This bill seeks to introduce structural and institutional reforms in our present immigration
system, which is governed by Commonwealth Act No. 613, otherwise known as the Philippine
Immigration Act of 1940. For 72 years, despite the countless developments in international
migration brought about by political, social, and economic changes, our immigration law has
largely remained untouched.

Commonwealth Act No. 613 was anchored on the principle that the entry and admission
of foreigners into the Philippines is matter of privilege, a priniple consistent with the exercise
of a state's fundamental right as a self-governing nation ~ the right to protect and defend its
territory against any form of attack, It is in this light that the present Bureau of Immigration
funetions as a gatekeeper, performing duties and exercising powers that will uphold the principle
of sovereignty.

Globalization has brought about mass human migration and ushered in the

rth of
international criminal syndicates engaged in human trafficking, drug trafficking, and terrorism.
‘These criminal activities have become more complex, threatening the integrity of our borders,
national security, national sovereignty and the rule of law. Fighting these crimes in the 21"
century is the agenda of virtually every nation in the world, including the Philippines. With the
advent of dramatically improved, more efficient and easily accessible transport and
communications facilities, the international dimension of criminal law enforcement has emerged.

Aside from law enforcement, the impact of globalization on immigration can be felt in
our economy, as evidenced by the influx of foreigners coming to the Philippines for business,
pleasure, or employment. The country has embarked on numerous programs to boost tourist and
foreign investor arrivals, and these efforts should be coupled with a more responsive immigration
law that will create an environment conducive to travelers. The Bureau of Immigration should be
clothed with a renewed mandate to deliver world-class immigration services that will promote
the country’s image in the international community as a safe tourist destination and a potential
investment site.



There is a need to equip the Bureau of Immigration with the necessary legal and
administrative tools to effectively carry out these gargantuan tasks, This bill seeks to reorganize
the Bureau of Immigration, converting it into a Commission with expanded jurisdiction and
streamlined powers and functions to eliminate red tape and enhance efficiency and efficacy in
the bureaucracy, taking into account the principles of national sovereignty, territorial integrity,
national security, and the right to self-determination,

In view of the foregoing, the passage of this bill is earnestly sought.

FELICIANO BELMONTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House BILL No. 162 _

Introduced by Representative Feliciano Belmonte, Jr.

AN ACT CREATING THE COMMISSION ON 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 Philippines in

Congress assembled:

TITLED
GENERAL PROVISIONS
SECTION 1. Short Title. — This Act shall be known as the "Philippine

Immigration and Registration of Foreign Nationals Act",

SEC. 2. Declaration of Policy. — In the conduct of its relation with other
States, the Philippines shall give paramount consideration to national sovereignty,
territorial integrity, national security, national interest, the right to  self-
determination, enhancement of economic diplomacy as well as the protection of
overseas Filipinos in destination countries, as it adheres to the policy of peace,
cooperation and amity with all nations. Toward this end, Philippine immigration
policies, rules and regulations under this Act shall be applied and administered as
instruments for the promotion of domestic and 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 capital investments, trade and commerce, cultural exchanges and other
forms of friendly relations and cooperation;

(b) The need to support the country’s technological and_ scientific
development;

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

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

(c) Promotion of international order and justice by preventing and
denying the use of Philippine territory to persons who are engaged or likely to

engage in terrorism, human smuggling and trafficking, criminal and other nefarious

activities;

() 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

(2) Professionalization of the immigration service by instituting a rigid
system of screening and selection of immigration officials and employees and

promoting their development.

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

defined as follows:

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

(b) "Board" refers to the Board of Commissioners;

(©) “Border Control Officer" refers to any person tasked to man the Border

Control Station as provided under Section 28 of this Act;
(d) "Captain" refers to the master of a vessel or pilot of an aircraft;

(e) "Child" refers to a person below eighteen (18) years of age;


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() — “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;

(g)  “Commission" refers to the Commission on Immigration;

(h) “Commissioner” and “Deputy Commissioner” refer to the
Commissioner of Immigration and the Deputy Commissioner of Immigration,
respectively;

(i) “Commitment Order” refers to an order issued by the Commissioner
under Section 7(c)(2) of this Act that directs the taking into custody of a foreign
national after it has been determined that a probable cause exists that the foreign
national committed acts and/or omissions in violation of Philippine immigration

laws, rules and regulations, or during the pendency of deportation case against such

foreign national: Provided, That such custody shall not exceed three (3) months,
unless there exists other legal grounds for continued custody;

() “Consular Officer" refers to any consular, diplomatic, or other officer of

the Department of Foreign Affairs who has been duly granted a consu

commi:

on for the purpose of issuing visas under this Act;
(k) “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;

(2) “Hold Departure Order” refers to a directive from the
Commissioner preventing a foreign national from leaving the territorial
jurisdiction of the Philippines in cases of grant of bail and recognizance
pending implementation of Summary Deportation Order, or an order
implementing a directive from the Regional Trial Courts, Sandiganbayan, and
appellate courts to prevent a person from leaving the Philippines to any place
outside thereof; and

(3) “Watchlist Order” refers to an order issued by the Commissioner
under this Act that requires immigration personnel to monitor the travel of
any person for a period of sixty (60) days, extendible for another sixty (60)

days and to notify the concerned government agencies of the Philippines.


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

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

(n) “Foreign National” refers to any person not a citizen of the Philippines;

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

(p) “Immigration laws" refers to this Act and any other law presently
existing or which may hereafter be enacted relating to movement of natural persons
to and from the Philippines;

(q) "Immigration Officer" refers to any person appointed under Section 24
of this Act or any employee of the Commission designated by the Commissioner to
perform the powers, duties and functions of an Immigration Officer as specified
under this Act;

(t) “Interception” refers to the act of Immigration Officers denying
departure clearance to any person leaving the country on grounds provided for in
this Act;

(s) "Non-immigrant" refers to any foreign national departing from any

place outside the Philippines who is allowed entry and admission into the

Philippines for a temporary or limited period of stay;

(t)  “Non-refoulement” refers to a principle of international law which
prohibits the forced return of a refugee to the state or territory where one’s life or
liberty would be threatened;

(u) "Passport" refers to a document issued by the Philippine government
to its citizens pursuant to Republic Act No. 8239, otherwise known as “The Philippine

Passport Act of 1996”;


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(v) "Person" refers to a natural or juridical person such as but not limited
to partnerships, corporations, companies, and associations;

(w) “Port of entry" refers to any port designated by the Commissioner
through which a foreign national may enter or exit the Philippines;

(x) _ "President" refers to the President of the Republic of the Philippines;

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

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

(aa) "Secretary" refers to the Secretary of the Department of Justice;

(bb) “Stateless Person” refers to a person who is not considered a national
by any State under its laws;

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

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

(ce) "Visa" refers to an endorsement on a passport or any travel document

issued by a Consular Officer abroad authorizing the holder thereof to proceed to a
designated port of entry in the Philippines and there to apply for entry and
admission under the status specified therein; or immigration status granted and/or

issued to foreign nationals by the Commissioner or the Board under this Act;


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TITLE I
COMMISSION ON IMMIGRATION

CHAPTER 1
THE COMMISSION

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

the Philippines of all persons.

SEC. 5. Composition and Qualification. — The Commission shall be
administered by the Board of Commissioners headed by the Commissioner as
Chairperson, and four (4) Deputy Commissioners as members, all of whom shall be
natural-born citizens of the Philippines and, at the time of their appointment, at least

thirty-five (35) years of age, holders of a college degree and with proven capacity for

administration: Provided, That the majority or three (3) members including, the
Chairperson of the Commission shall be members of the Philippine Bar in good

standing for at least five (6) yea

CHAPTER 2
THE COMMISSIONER

SEC. 6. Appointment and Rank of the Commissioner. — The Commissioner
shall be appointed by the President and shall have the same rank, salary, and

privileges of an Undersecretary of a Department.

SEC. 7. Powers and Functions of the Commissioner. - In addition to the
duties as Chairperson of the Board of Commissioners, the Commissioner shall
exercise the following powers and functions:

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

(b) Exercise control and supervision over the officers and personnel of the
Commission, including but not limited to appointments, promotions, reassignments
and other personnel movements, subject to existing civil service laws, rules and
regulations;

(©) Issue, (1) letter orders after determination of the existence of probable
cause for the purpose of deportation; (2) commitment or release orders; (3) warrant

of deportation; (4) order to inspect the documents, premises and records of perso

covered by this Act and (5) derogatory information orders as defined in Section 3(k)
of this Act;
(d) Delegate authority to subordinate officers and employees of the

Commission, except with regard to powers and functions enumerated in the

immediately preceding paragraph, which may be delegated only to the Deputy

Commissioners;

(e) Act on applications for issuance and extension or on petitions for
conversion, adjustment and amendment of visas;

(f) Act on petitions for declaration of indigency;

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

(h) Increase, reduce or waive immigration fees, fines, penalties and pther
charges;

(i) Act on applications for retention or reacquisition of citizenship in
accordance with Republic Act No. 9225 otherwise known as “Citizenship Retention
and Re-acquisition Act of 2003, based on the recommendations of the concerned office
of the Commission in consultation with the Department of Foreign Affairs’;

()) Issue Certificate of Identification to foreign nationals who have
obtained Filipino citizenship;

(k)  Deputize any official or employee of the national government and local
government units, including uniformed personnel of the Armed Forces of the
Philippines, the Philippine National Police and the Philippine Coast Guard to assist

immigration personnel in the performance of their duties and functions subject to

a


the concurrence of the Board;

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

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

(n) Provide an express lane for the rendition of services upon payment of
prescribed fees by persons served and to deposit in a government authorized
depository bank all such fees received under a trust fund that may be made available

for the payment of allowances to employees of the Commi

ion, subject to existing
auditing and accounting rules and regulations;

(0) Accept donation of materials, equipment or technical services from any
foreign government, international or domestic organization, to upgrade the

efficiency and operations of the Commission;


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(p) Submit to the President and Congress, annually or as may be directed,
a report on the: (1) 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)
estimated number of illegal foreign nationals in the Philippines in each calendar year

and actions taken to arrest them, by nationality grouping, for each region in the

Philippines; and (5) such other transactions of the Commission;

(q) Assign immigration employees to do overtime work or services
pursuant to rules and regulations to be prescribed and at the rates fixed by the
Commissioner when the work or service to be rendered is to be paid by shipping

companies and airlines or other persons served;

(®) Determine the manning levels of immigration officers of the
Commission nationwide in accordance with the number of arrivals in each port of
entry as determined by the Board: Provided, That the number of employees, as
provided in the staffing pattern in accordance with Section 120 of the Act, shall not
be decreased;

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

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

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

(v) Perform such other functions inherent to the Commission,

CHAPTER 3
‘THE DEPUTY COMMISSIONERS
SEC. 8. Appointment and Rank of Deputy Commissioners. — There shall be

four (4) Deputy Commi

sioners who shall be appointed by the President. They shall

have the same rank, salary and privileges of an Assistant Secretary of a Department


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SEC. 9. Duties of Deputy Commissioners. — In addition to their duties as
members of the Board, the Deputy Commissioners may be assigned by the
Commissioner to supervise relative to the operations of the different divisions of the
Commission clustered as follows: (a) regulatory; (b) border control; (c) enforcement;

and (4) management support.

CHAPTER 4
THE BOARD OF COMMISSIONERS,

SEC. 10. Powers and Functions of the Board. - The Board shall have the
following powers and functions:
(a) Decide on applications and/or cases relative to:
(1) Deportation;
(2) Revocation of immigration status;
(3) Recognition of Philippine citizenship by reason of birth or
marriage;
(4) Issuance and revocation of all visas;
(6) Declaration of indigency; and
(6) Legalization of residence in accordance with law;
(b) Prescribe and promulgate rules of proceedings before it;
(©) Cite and punish for contempt in relation to the discharge of its quasi-

judicial functions in accordance with the Rules of Court;

(a) Prepare and publish operations manual and rules of procedur
including schedule of fees, for all transactions entered into by the Commission with
the public;

(c) Formulate policies, directives, programs and projects of the
Commission; and

(Perform such other powers and functions as provided by existing Jaws,

rules and regulations not inconsistent with any of the provisions of this Act.

SEC, 11. Decisions of the Board. - In all cases or proceedings before the

Board, the decision of the majority shall prevail. Decisions of the Board shall become
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final and executory fifteen (15) days from receipt thereof. Only one (1) motion for
reconsideration shall be filed with the Board.

Decisions in deportation cases may be appealed to the Secretary within fifteen
(15) days from receipt thereof, whose decision shall be final and executory unless
stayed by an order of the Court of Appeals.

SEC. 12. Period for Decision by the Board. ~ The Board of Commissioners
shall decide deportation cases within thirty (30) days from the date they are

submitted for decision or resolution.

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

Chairperson and two (2) members shall constitute a quorum.

CHAPTER 5.
‘THE EXECUTIVE DIRECTOR

SEC. 14. Appointment and Tenure. - There shall be an Executive Director of
the Commission who shall be appointed by the President upon the recommendation
of the Commissioner and endorsement by the Secretary. The Executive Director
must be a natural-born citizen of the Philippines, at least thirty (30) years of age,

Career Executive Service (CES) eligible and a member of the Philippine Bar in good

standing for at least five (5) years pr

1 to the appointment.

SEC. 15. Powers and Duties. - The Executive Director shall:

(a) Actas the Board Secretary in the meetings of the Board;

(b) Advise and assist the Commissioner in the formulation and
implementation of the objectives, policies, plans and programs of the Commission;

(©) Supervise all the operational activities of the Commission;

(@) Coordinate the programs and projects of the Commission and be
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responsible for its economical, efficient and effective administration;
(e) Administer oaths in connection with all matters relating to the business
of the Commission; and

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

CHAPTER 6
THE BOARD OF SPECIAL INQUIRY

SEC. 16. Constitution of Boards of Special Inquiry. - There shall be
constituted as many Boards of Special Inquiry (BSI) as required in the exigency of
service but not more than twelve (12). Each Board shall be composed of a
Chairperson and two (2) members. The Overall Chairman of the BSI shall sit as the
Chairperson of the First Board of the BSI. The BSI shall be designated according, to
their areas of specialization to be determined by the Board.

SEC. 17. Appointment and Qualification 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. 18. Powers and Functions of the BSI. - The BSI shall:
(a) Recommend to the Board for final resolution cases and/or applications
relative to:
(1) Deportation;
(2) Revocation of immigration status;
(8) Recognition of Philippine citizenship by reason of birth or
marriage;
(4) Legalization of residence in accordance with law; and
(5) Issuance of visa for stateless person;

(b) Issue subpoena in cases being heard by the BSI;


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(©) Cite and punish for contempt in the exercise of their quasi-judicial
functions and in accordance with the Rules of Court;

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

(e) Administer oaths;

()  Promulgate rules and regulations governing matters within its

assigned mandate subject to the approval of the Board; and
(9) Perform such other duties and functions as may be directed by the

Commissioner and the Board.

SEC. 19. Proceedings Before the BSI. ~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 shall appear for and in behalf of any
party before the BSI.

SEC. 20. Resolutions of the BSI. - Cases before the BS! shall be resolved
within five (5) working days from the date the same are submitted for resolution.

Said resolution shall be submitted immediately to the Board for action.

CHAPTER 7
DIVISIONS OF THE COMMISSION

SEC. 21. Divisions and Other Operating Offices of the Commission, — The
Commission shall have the following divisions and other operating offices, namely:

(1) Administration;

(2) Finance;

(3) Information and Communications Technology;

(4) Planning and Research;

(6) __ International Policies and Cooperation;

(6) Social Integration;

(7) Intelligence;

(8) Law Enforcement;


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(0) Fraud Prevention;

(10) Legal;

(11) Immigration Regulation;

(12) Registration;

(13) Visa and Special Permit;

(14) Complaint and Prosecution;

(15) _ Internal Audit Office;

(16) National Operations Center; and

(17) Immigration Academy of the Philippines.

SEC. 22. Heads of the Divisions and Other Operating Offices. — Each
Division and other operating offices shall be headed by a Director to be appointed by
the Secretary, upon recommendation of the Commissioner: Provided, however, That
Directors for the Division for Legal and the Division for Complaint and Prosecution
shall be members of the Philippine Bar in good standing, and must have been
engaged in the practice of law for at least three (3) years. The Director for Finance
Division shall be a Certified Public Accountant in good standing for at least three (3)

years.

SEC. 23. Duties and Functions of the Divisions and Other Operating Offices.
~ The different divisions and other operating offices of the Commission shall have
such number of officers and employees to carry out their respective duties and
functions as may be defined by the Commissioner in the implementing rules and

regulations.

SEC. 24. Immigration Officers. - No person shall be appointed to the
position of Immigration Officer unless he or she is a holder of a bachelor’s degree
and a first grade civil service eligible. The Immigration Officers shall perform the

following duties:


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(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 performance of their duties;

(d) Se

rch 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 ones presence or view is entering or is
about to enter the Philippines in violation of immigration and related laws, rules and
regulations;

(c) Act as control officer with authority to prevent the departure of
passengers not complying with departure requirements; and

(f) Perform such other functions as may be assigned by the Commissjoner

from time to time.

SEC. 25. Deployment of Immigration Personnel Abroad. - Within ninety (90)
days from the effectivity of this Act, the Department of Foreign Affairs and the
Commission shall promulgate the implementing rules and regulations on the
assignment and deployment of immigration personnel 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 8
OTHER OFFICES

SEC. 26. Field Offices of the Commission. — The Commission shall operate
and maintain a field office in each of the administrative regions including the

National Capital Region.

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The field offices of the Commission shall each be headed by at least an

Immigration Officer II, all of whom shall be designated by the Commissioner.

SEC. 27. Changes in the Composition, Distribution of Assignment of Field
Offices. - The Commissioner may make changes in the composition, distribution
and assignment of field offices, as well as its personnel, based on the demographics
of the foreign nationals and as the exigency of the service requires.

SEC. 28. Border Control Stations. - There shall be established Border Control
Stations which shall be manned by Border Control Officers appointed by the
Commissioner. The Border Control Stations shall be placed in specific areas in the

Philippines which shall be determined by the Board.

TITLE TL
IMMIGRATION

CHAPTER 1
NON-IMMIGRANTS

SEC. 29. 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;


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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;

(©) 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 Vis izens and

their family members from a country that has a trade treaty with the Philippines and
coming to work in the Philippines for either a company they own or one that is at
least fifty percent (50%) owned by nationals of their home country and which
company is engaged in substantial trade between the Philippines and their home
country shall be granted a D-1 visa.

Citizens of a country that has an investor treaty with the Philippines, and
their family members, and coming to work in the Philippines for a business they
own or one that is at least fifty percent (50%) owned by nationals of their home
country and which business is supported by a substantial investment from nationals
of their home country shall be granted a D-2 visa;

(e) Accredited Foreign Government Officials, Their Families and
Household Member (E Visas): Foreign government officials, their families and
household members coming to the country for official purpose, pursuant to
international conventions and bilateral agreements, shall be granted E Visas divided
into four (4) types, namely:

(1) Persons eligible for F-1 Visa: The E-1 Visa shall be issued to the
following classes of forcign nationals:
i. Heads of State and/or Heads of Government and their personal

representatives;


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viii.

. Members of reigning royal families from countries recognized

by the Philippine Government;
Governors-General, Governors, and High Commissioners of

dependent territories and their personal representatives;

. Cabinet ministers and their deputies, and officials with cabinet

rank of ministers;

. Presiding officers of national legislative bodies;
|. Justices or judges of the highest national judicial bodies;

. Diplomats and career consular officials on foreign assignment in

the Philippines;

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

Accompanying spouses and unmarried dependents of

foreigners within the abovementioned categories;

2) Persons eligible for E-2 Visa: The E-2 visa shall be issued to an official

of a foreign government recognized by the Philippines, is a national of

the country whose government he represents, and is proceeding to the

Philippines on a long-term basis in connection with official business

for his/her government.

This category includes, inter alia, the following classes of

foreign nationals:

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iii.

Administrative and technical members of the staff of a
diplomatic or consular mission;

Official participating in programs under the auspices of the
Philippine Government or recognized international institutions;
and

Accompanying spouses and unmarried dependents of

foreigners within the abovementioned categories;

(3) Persons eligible for E-3 Visa: The E-3 visa shall be issued to an official

of a foreign government recognized by the Philippines, is a national of

the country whose government he represents, and is proceeding to the

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Philippines on a short-term basis in connection with official business
for his/her government.
This category includes, inter alia, the following, classes of
foreign nationals:
i. Diplomatic couriers regularly and professionally employed as
such;
ii, All members of official special missions of a diplomatic

character;

iii, Members of delegations proceeding to or from an international
conference of a diplomatic or official nature; and
iv. Such other officials going, to the Philippines on diplomatic or
official missions;
(4) Persons eligible for E-4 Visa: The E-4 Visa shall be issued to the

private employees and household members of persons to whom

and E-2 vis

have been granted, as well as their immediate
dependents;

All visas under Section 29(e) of this Act shalll be exclusively issued and
renewed by the Department of Foreign Affairs, which shall also determine the
type of E-Visa of Foreign Government Officials not identified in the foregoing
lists, The grant of immunities and privileges shall be subject to applicable
domestic and international law and international agreements to which the
Philippines is a party, as well as in consideration of the principle of
reciprocity.

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

students in the Philippines;

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(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 International Organizations and Government
Agencies (I Visa): For purposes of this Act, the term “accredited international
organization”, includes any public international organization in the activities of
which the Philippines participates pursuant to any treaty or under the authority of
any act of the Congress of the Philippines authorizing such participation or making
an appropriation for such participation and such other international organizations,
institutions, agencies, programs, foundations and entities which are recognized by
the government of the Republic of the Philippines, including those existing and
already recognized as such at the time of the effectivity of this Act.

Poreign 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-1 Visa: The I-1 Visa shall be issued to the principal
officials of international organizations, as well as their accompanying
wives and dependents.

(2)Persons eligible for 1-2 Visa: The 1-2 visa shall be issued to the other

officials and staff of international organizations, as well as_ their

accompanying, wives and dependents.


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(3)Persons eligible for 1-3 Visa: The 1-3 visa shall be issued to offi

als and
staff of international organizations who will perform short-term official
work with the international organization upon its invitation.

(4) Persons eligible for I-4 Visa: The [-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.

All visas under Section 29(j) of this Act

shall be exclusively issued and
renewed by the Department of Foreign Affairs, which shall also determine the type

of I-Visa of officials and staff of International Organizations who are not identified in

the foregoing, lists. 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
8!

, radio, satellite, television, film, or other

representatives of a foreign pre

information me

lia, and are coming to the Philippines solely to engage in gathering

information principally for d

mination 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 Government;

() Refugees (L-1 Visa) and Stateless Persons (L-2 Vi

Refugees as
defined in Section 3 (z) hereof shall be issued L-1 Visa. Stateless persons, whose
admission for humanitarian reasons and not inimical to public interest has been
approved by the Commissioner or the President in such cases and under such
conditions as he may prescribe, shall be issued L-2 Visa;

(m) Bridging Visa (M Visa): A temporary visa which allows a foreign
national to stay in the Philippines after his/her current visa, other than temporary
visitor visa under Section 29(a), expires and while his/her application for adjustment

of status is being processed

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(n) Special Non-Immigrants (N Visas): Such other foreign nationals
including their family members who may be admitted as non-immigrants under
special laws or foreign nationals not otherwise provided for by this Act who are
coming for temporary periods only, and whose admission is authorized by the
Commissioner or the President in the interest of the public or for humanitarian

considerations and under such conditions as he may prescribe.

CHAPTER 2
IMMIGRANTS

SEC. 30. Quota Immigrants. — Subject to conditions set forth in this Act,
there may be admitted into the Philippines, immigrants, otherwise known as “quota
immigrants”, not to exceed two hundred (200) of any one nationality based on
immigration reciprocity for any one calendar year and upon allotment by the
Commissioner of the corresponding quota number. In the allotment of quota
numbers, the following order of preference shall be observed:

(a) First Preference:

‘Those whose service and qualifications show high
educational attainment, technical training, specialized experience, or exceptional
ability in the sciences, arts, professions, or business as would reasonably enhance
and contribute substantial benefits prospectively to the national economy, or cultural
or educational interests or welfare of the Philippines, including their family
members, accompanying or following, to join them, who shall likewise be allotted

individual quota numbers;

(b) Second Preference: Parents of a naturalized Philippine citizen;

(©) Third Preference: Spouses or minor children of foreign nationals who
are lawful permanent residents of the Philippines; and
(a) Fourth Preference: Parents of foreign nationals who are lawful

permanent residents of the Philippines.

SEC 31. Allotment of Quota, — The Commissioner shall, with respect to the
first preference, allot not more than fifty percent (50%) of the annual quota allotment

up to the end of June each year: Provided, however, That if the fifty percent (50%) is
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not utilized by the first preference, the balance thereof shall be given to the second,
third, and fourth preferences in accordance with Section 30 of this Act. Any unused
quota allotment for a calendar year cannot be carried over and utilized for the

ensuing calendar year.

SEC. 32. Basis in Determination of Quota Allotment, — The nationality of an
immigrant whose admission is subject to the numerical limitation imposed by
Section 30 of this Act shall be that of the country of which the immigrant is a national
or a citizen. The nationality of an immigrant possessing dual nationality may be that
of either of the two countries regarding him/her as a national or citizen if he/she
applies for a visa in a third country. If he/she applies for a visa within one of the two
countries regarding him/her as a national or citizen, his/her nationality shall be that
of the country in which he/she files his/her application for a visa to enter the

Philippines.

SEC. 33. Non-Quota Immigrants. — The following immigrants, known as
“non-quota immigrants”, may be admitted without regard to numerical limitation and
immigration reciprocity:

(a) The spouse of a Philippine citizen: Provided, however, That the
abandonment and failure to give support by the foreign spouse to his/her Filipino
spouse and family, legal separation, or termination of the marital status by
annulment, declaration of nullity of marriage or divorce where the cause is
attributable to the foreign spouse, shall constitute grounds for cancellation of the
immigrant visa issued to the foreign spouse;

(b) A person of Filipino descent regardless of generation;

(©) A child born to a foreign mother during her temporary visit abroad,
the mother being a lawful permanent resident of the Philippines, if accompanied by
or coming to join the mother who applies for admission within five (5) years from
the birth of the child;

(d) A child born subsequent to the issuance of an immigrant visa to the

accompanying parent, the visa not having expired or revoked;

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

(8 A natural-born citizen who becomes a naturalized citizen of a foreign
country and is returning to the Philippines for permanent residence therein,
including his/her spouse and minor children accompanying, or following, to join
him/her; and

(g) Spouse, parent, children, legitimate siblings of a foreign national who
is gainfully employed and holder of a permanent resident status for a period of

seven (7) years.

CHAPTER 3
NATIVE-BORN FOREIGN NATIONAL

SEC. 34. Status of Children Born to Immigrants. — A child born in the
Philippines to parents who are forcign nationals and lawful residents of the
Philippines shall be deemed a native-born permanent resident.

SEC. 35. Status of Children Born to Non-immigrants. - A child born to

parents who are both non-immigrants shall be deemed a native-born non-immigrant
or temporary resident and may remain in the Philippines only during the peripd of
authorized stay of the parents, unless he/she reaches the age of eighteen (18) years

while continuously re

iding, in the Philippines, in which

se he/she may apply for

naturalization under existing laws or for an appropriate visa.

CHAPTER 4
ADJUSTMENT OF STATUS

SEC. 36. Conditions for Adjustment of Status of Foreign Nationals. — The
status of a foreign national admitted into the Philippines as non-immigrant may be
adjusted by the Board to that of a foreigner lawfully admitted as a permanent

resident if: (a) the foreigner makes an application for such adjustment; (b) the
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foreigner is eligible to receive a quota or non-quota immigrant visa and is admissible
to the Philippines as a permanent resident: and (c) a quota immigrant visa, if such is
the case, is immediately available to him/her at the time of his/her application,
without the need of first departing, from the Philippines. In all such cases, the
personal appearance of the foreigner shall be required during the consideration of

his/her application.

SEC. 37. Effect of Approval on Application for Adjustment. — Upon the
approval of an application for adjustment of status under the preceding section, the

Commi:

ioner shall record the foreign national’s lawful admission as a permanent
resident as of the date of the approval of the application and shall be included as

part of the quota for the calendar year in accordance with Section 30 of this Act.

SEC. 38. Adjustment of Status, When Not Allowed. — Adjustment of status

under Section 36 of this Act shall not be applicable to a foreign national: (a) who has

violated or is in violation of immigration laws, rules and regulations unless the
violation is without the fault of the foreign national or for purely technical reasons;

and (b) transients,

SEC 39. 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 loss his status. Otherwise, such foreign national shall apply for an
extension of the period within which to return prior to its expiration and pay the

pr

cribed fees and charges therefor in order to maintain ones visa category

CHAPTER 5
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS

SEC. 40. Documentary Requirements of Non-immigrants. - Non-immigrants
must present for admission into the Philippines valid passports issued by the
governments of the countries to which they owe allegiance or other travel

documents showing their nationality and identity as prescribed by regulations, a
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valid visa granted by the Philippine Consular Officer, if required, and such other
relevant documents as may be required under existing, laws, rules, regulations, or

multilateral or bilateral agreements.

SEC. 41, Conditions and Period of Authorized Stay of Temporary Visitors. —
‘The initial period of authorized stay of a foreign national admitted as a temporary
visitor under Section 29(a) of this Act shall not exceed fifty-nine (59) calendar days
from the date of arrival, subject to bilateral, regional and multilateral visa
agreements entered into by the Philippines; Provided, That the conditions for
extensions and total period of authorized stay shall be prescribed by the

Commissioner: Provided further, That during the foreign national’s authorized stay:

(a) he/she shall not take any employment, whether paid or unpaid; (b) he/she shall

not establish or join in any business; or (c) he/she shall not enroll and become
student at a school, college, university, academy, or other educational institytion,
unless he/she is granted, upon proper application, a conversion to another

immigration status provided under this Act.

sl

. 42, Conditions for Issuance of Pre-arranged Employment Visas. — A
foreign national who is coming to the Philippines for prearranged employment shall
not be issued a non-immigrant visa referred to in Section 29(g) until the Consular
Officer shall have received authorization for the issuance of the same, Such
authorization shall be given only upon the filing of a petition with the Board
establishing, among others, that no person can be found in the Philippines willing
and competent to perform the work or service for which the foreigner is desired and
that the admission would be beneficial to the public interest. The petition shall be
under oath by the prospective employer or the latter’s representative in the form and
manner prescribed by the Board.

If the Board finds that the petition complies with the requirements of the
preceding paragraph and of other regulations, it shall grant the petition and shall

promptly transmit the authorization to the Department of Foreign Affairs.

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SEC. 43. Submission of Crew List and Passenger Manifest to the
Commission. - Simultaneous to the vessel’s departure from the port of origin, the
master, captain, agent, owner or consignee of any commercial vessel arriving to the
Philippines shall submit to the Commission, within a reasonable time prior to such
arrival, the crew lists, passenger manifests and such other information concerning
the persons arriving on such a vessel. In the same manner and condition, the master,
captain, agent, owner or consignee of any commercial vessel departing from any
port in the Philippines shall submit to the Commission, within a reasonable time

prior to such departure, the crew list, passenger manifest and such 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. 44, Inspection of Crewmembers, ~ It shall be the duty of the master,

captain, agent, owner or consignee of any vessel arriving in the Philippines to have

available on board, for inspection by the Immigration Officer, any for

crewmember employed on such vessel and to detain such crewmember on board
after inspection and to remove such crewmember when required by the immigration
authorities. No crewmember on board such vessel shall be discharged while the

vessel is in port without the permission of the Commissioner.

SEC. 45. Permission for Temporary Landing of a Foreign Crewmember. — A
foreign crewmember on a vessel arriving in the Philippines may be permitted to
land temporarily under such conditions as may be prescribed by the Commissioner.
All expenses incurred by the Commission while the crewmember is on land shall be
borne by the master, captain, agent, owner or consignee of the carrying, vessel.
CHAPTER 6
DOCUMENTATION AND ADMISSION OF IMMIGRANTS

SEC. 46. 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
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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 reentry permit,
if the child is accompanied by either parent within five (5) years from the date of the
child’s birth; and

(6) A foreign national who is returning to an unrelinquished lawful
permanent residence in the Philippines after a temporary residence abroad and

presents for admission a valid reentry permit.

CHAPTER 7
‘VISA ISSUANCE

SEC. 47. Nature of Visa. ~ Nothing in this Act shall be construed to

automatically entitle any foreign national to whom a visa or other travel document
has been issued to enter the Philippines if, upon arrival at a port of entry, he/she is

found to be inadmissible under this Act or any other law.

SEC 48. Visa Policy. - The policies governing the issuance, extension, renewal
and conversion of visas referred to in Sections 29 and 33 hereof shall be jointly
formulated by the Commission and the Department of Foreign Affairs and, when

appropriate, in consultation with concerned government agencies and offices.

SEC. 49. Visa Issuance Abroad. - All visa

s issued abroad shall be done by
Consular Officers assigned at Philippine Foreign Service posts in the following
manner:

(a) Upon approval by the Commissioner and recommendation of a Consular
Officer, a quota immigrant visa may only be issued to a foreign national who has
made a proper application therefor, which shall specify the foreign country, if any, to

which the quota the number is assigned, the immigrant's particular status in such
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country, the preference to which the foreign national is classified, the date on which

the validity of the visa shall expire, and such additional information

s may be
required; and

(b) The Department of Foreign Affairs, through its Consular Office abroad

and/or the Office of the Visa Director, shall approve the issuance of non-quota
immigrant and non-immigrant visas to a foreign national who has made a proper
application therefor.

‘The issuance of special non-immigrant visas falling under the jurisdiction of a
particular government office or agency can only be done in coordination with and

upon recommendation of the government agency or office concerned.

SEC. 50. Requirements for Physical and/or Mental Examination Prior to
Issuance of Immigrant Visa. - Prior to the issuance of an immigrant visa to any
foreign national, the Consular Officer shall require such person to submit to a
physical and mental examination in accordance with such regulations as may be

prescribed by the Commissioner.

SEC. 51. Visa Validity Period. — A single-entry non-immigrant or immigrant
visa issued by a Consular Officer abroad pursuant to Section 49 of this Act shall be
valid for a period not exceeding, three (3) months: Provided: That in prescribing the
validity period of a single-entry non-immigrant visa, the Consular Officer may,
insofar as practicable, allow a longer validity period based on reciprocity as
accorded by the foreign country to citizens of the Philippines who are within a
similar class.

An immigrant visa may be replaced under the original number during, the
calendar year in which the original visa was issued for a foreign national who
establishes to the satisfaction of the Consular Officer that he/she was unable to use
the original immigrant visa during the period of its validity for reasons beyond
his/her control: Provided, That the foreign national is found by the Consular Officer

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SEC. 52. Denial of Visa, Grounds Thereof. — The Consular Officer may deny
the application for visa (a) if it appears from the statements in the application or in
the documents submitted the applicant is not eligible for a visa under this Act; or (b)

if he/she fails to comply with the requirements of the provisions of this Act.

SEC. 53. Revocation of Visa Issued by Consular Officer. ~ The

Commissioner may, for valid cause and upon confirmation by the Department of

Foreign Affairs, revoke the visa issued by any Consular Officer. If the notice of

revocation is not received and the visa holder applies for admission into the

Philippines, his/her admission or entry shall be determined by the Immigration

Officer upon his/her arrival at the port of entry.

CHAPTER 8
RE-ENTRY AND EMIGRATION CLEARANCE

SEC. 54, Re-entry. — Every time a registered foreign national, except a

temporary visitor, departs or is about to depart temporarily from the Philippines
with the intention to return within one (1) year from departure, the foreign national
must secure from the Commission a re-entry permit or if his/her authorized stay is
less than one (1) year, a Special Return Certificate and pay the corresponding fees

and charges therefor.

SEC. 55. Emigration Clearance. ~ A registered foreign national who departs

permanently from the Philippin

shall surrender all Philippine immigration
documents to the Commission and apply for and be issued an Emigration Clearance
Certificate, subject to the following conditions:

(a) The immigrant has no pending obligation with the government or any of
its agencies or instrumentalities;

(b) The immigrant has no pending criminal, civil, or administrative
proceeding which requires continued presence in the country; and

(c) There is no ongoing legislative inquiry where the immigrant is called ypon

to testify as a witness.
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‘A temporary visitor departing from the Philippines shall, after the expiration
of initial authorized stay, apply for emigration clearance with the Commission and

pay the prescribed fees and charges therefor.

CHAPTER 9
PRESIDENTIAL PREROGATIVES

SEC. 56. Presidential Prerogatives. — Any provision of this Act to the
contrary notwithstanding, the President may:
(a) Deny the entry and admission into the Philippines of any foreign

national or a class of foreign nationals whenever the Pr

sident finds that the entry
would be detrimental to the interest of the Philippines or impose such restrictions as
he/she may deem appropriate;

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

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

(a) 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 he/she may prescribe;

(8) Prohibit the departure from the Philippines of any person who is likely
to disclose national security information, or who is likely to organize a rebellion
abroad against the Philippines, or whose presence in the country is necessary to face,
or be a witness in, criminal proceedings; and

(g) Exercise, with respect to foreign nationals in the Philippines, such

powers as are recognized by the generally accepted principles of international law.

‘TITLE IV
PROVISIONS RELATING TO ENTRY

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CHAPTER 1
CLASSIFICATION OF PORTS OF ENTRY

SEC. 57, 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 class

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.

CHAPTER 2
PROCEDURES ON ARRIVAL

SEC. 58. Inspection by Immigration Officer. — A foreign national seeking

admission or readmis

ion shall present ones valid passport and visa, if required, to
the immigration officer at the port of entry and shall be subject to primary
inspection. The decision of the examining Immigration Officer, if favorable to the
admission of any foreigner, may be challenged by another Immigration Officer. The

final determination of admissibility of such foreign national shall be determined by

the Commissioner in case no resolution is reached between the Immigration Officers
on the challenged admission. In case of admission, the Immigration Officer shall
indicate in the passport the date, the port of entry and the identity of the vessel

boarded,

SEC. 59. Detention or Quarantine for Examination. — For the purpose of
determining whether a foreign national arriving at any port in the Philippines
belongs to any of the classes excludable under this Act by reason of being afflicted
with any of the contagious or communicable disease or mental disorder set forth
under Section 70(a) of this Act or whenever the Commissioner has received
information showing that foreigners are coming from a country or a place where any

of such diseases are prevalent or widespread, the foreigner shall be detained or
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quarantined for a reasonable period of time to enable the immigration and medical

officers to subject such person to observation and examination.

SEC. 60. Medical Examination Requirement, ~ Any arriving foreign national

whom the examining Immigration Officer believes to belong under the cl. of

excludable foreign nationals specified in Section 70(a) herein shall be referred to
designated medical officers for physical and mental examination. Such medical

officer shall certify his/her findings for the information of the Immigration Officer.

SEC. 61. Arrival Notice Requirements of Vessel. - The immigration
authorities shall be given prior notice of the arrival of any civilian vessel before such

uch

vessel comes into any area in the Philippines from any place outside thereof.

prior notice shall not be required in the case of vessels with scheduled arrivals filed
with the Immigration Officer in charge at the international port of entry.

If, upon arrival in any area other than the designated port and there is no

available Immigration Officer therein, the master, pilot, captain, agent or consigne
shall not allow the passengers and crew members to disembark or leave the primary
inspection area until the immigration officer shall have conducted the primary

inspection formalities.

SEC. 62. Contents of Notice of Arrival. — The advance notice of arrival
required in the preceding section shall specify the following:

(a) Type of vessel and registration marks;

(b) — Visaed crewlist;

(0) Passenger manifest;

(d) Port of last departure;

(€) _ International port of intended destination, or other place authorized by
the Commissioner;

(9 Estimated time of arrival; and

(g) Authorized agent or representative at the place of arrival.

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CHAPTER 3
FOREIGN CREWMEMBER

SEC. 63. Conditional Permit to Disembark. — A foreign crewmember of a
vessel under Section 29(c) of this Act may be granted a conditional permit, in a form
prescribed by regulations, to disembark temporarily from the vessel on which
he/she arrived while such vessel remains in port under such terms and conditions

as may be prescribed by the Commissioner.

SEC. 64. Confiscation and Cancellation of Permit; Deportation from the
Philippines, — Upon the determination that the foreign national is not a bona fide
crewmember or does not intend to depart on the vessel that brought him, the

Commi:

ioner shall cancel and confiscate the conditional permit already issued, take
such foreign national into custody, and require the owner, operator, captain, master,
pilot, agent or consignee of the vessel on which the foreigner arrived to receive and

detain him/her on board. The expenses for removal of the foreign national,

including the cost of detention and other expenses incidental thereto, shall be borne

by the owner, operator, captain, master, pilot, agent or consignee of such vessel.

SEC. 65. Liability for Overstaying Foreign Crewmen. — A. foreign
crewmember who remains in the Philippines in excess of the period allowed in the
conditional permit issued to him shall be solidarily liable with the owner, operator,
captain, master, pilot, agent or consignee of the vessel to pay the penalties prescribed

in Section 115 of this Act.

SEC. 66. Liability for Unauthorized Discharge of Foreign Crewmember. — It
shall be unlawful for any person, including the owner, operator, captain, master,
pilot, agent or consignee of any vessel to discharge any foreign crewmember
employed by a vessel arriving in the Philippines and whilst in port, without first
obtaining the prior permission of the Commissioner. Otherwise, such person or
owner, operator, captain, master, pilot, agent or consignee of the vessel shall pay the

Commission such fines as may be prescribed under this Act. No such vessel shall be
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granted clearance from any port in the Philippines while such fines remain unpaid
or while the validity thereof is being determined: Provided, That a clearance may be
granted prior to such determination upon deposit of a sum or cash bond sufficient to

cover such fines as approved by the Commissioner.

SEC. 67. Duty to Report Desertion or Illegal Landing of Foreign
Crewmember. —‘The owner, operator, captain, master, pilot, agent or consignee of
any vessel shall immediately report, in writing, to the Immigration Officer all cases
of desertion or illegal disembarkation in the Philippines from the vessel, together
with a description of such foreign nationals and any information that shall result in

their apprehension.

SEC. 68. Requirement for Submission of List of Newly Employed, Discharged
and Illegally Landed Foreign Crewmember. — Prior to the departure of any vessel
from the last port in the Philippines destined to any place outside thereof, the owner,

operator, captain, master, pilot, agent or consignee thereof shall deliver to the

Immigration Officer at that port a list containing:

(a) ‘The names of crewmembers who were not employed thereon at the
time of the vessel's arrival on such port but will depart thereat on the same vessel;

(b) the names of those, if any, who have been discharged;

(c) _ the name of those who have deserted or illegally landed at that port, if
any; and

(4) such other additional information as the Commissioner deems

necessary.

)

. 69. 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 to the Commission such sum as may be
prescribed under this Act. No such vessel shalll be granted clearance from any port in

the Philippines while such fines remain unpaid or while the validity thereof is being

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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.

SEC. 70. Exclusion Grounds. - The following cl

CHAPTER 4
EXCLUSIONS

s of foreign national shall

not be allowed entry and shall be excluded from the Philippines:

(a)

(b)

©

Health Related Grounds

1. Those who are found to be suffering from a communicable,

dangerous or contagious dis excepted under existing
laws, rules and regulations;

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

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

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;

Moral Grounds

1. Those coming to the Philippines to practice polygamy or who
advocate the practice of polygamy unless the person's religion

allows such practic

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;

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

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:

a. Bspionage or sabotage, or a violation or evasion of any laws
prohibiting export of goods, technology or sensitive
information;

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

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

d. Any other unlawful activity.

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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;

8. Those who are under fifteen (15) years of age and unaccompanied
by or not coming to a parent, except that they may be admitted in

the discretion of the Commissioner, if otherwise admissible:

Provided, that they present a written consent to travel from either

parent citing the purpose thereof and affirmed by a Consular

Officer; and
9. ‘Those who have been identified by competent authorities, local and
foreign, as having engaged or are engaging in importation of

contrabands and other prohibited articles into the country

SEC. 71. Temporary Custody of Excludable Foreign Nationals, — For the

purpose of as

ining whether a foreign national arriving in the Philippines
belongs to any of the excludable classes of foreign national provided for in this Act
or related laws, the Immigration Officer, for a period not exceeding seventy-two (72)
hours, may temporarily take into custody for investigation such foreign national
either on board the vessel or at a place designated for the purpose at the expense of

the master, captain, agent, owner or consignee of the carrying vessel.

SEC. 72. Finality of Exclusion Order. — An order by the Immigration Officer
to exclude a foreign national who is excludable under Section 70 hereof is final and
executory unless revoked by the Commissioner upon a timely appeal prior to the

implementation of the exclusion order.

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SEC. 73. Authority to Waive Grounds for Exclusion. — Except for grounds of
exclusion under Section 70(d), subparagraphs 1 to 7 and 9, the Commissioner may

waive any of the grounds for exclusion mentioned therein.

SEC. 74. Procedure of Removal and Cost Thereof. - Any foreign national
arriving in the Philippines who is ordered excluded shall be immediately removed

in the same accommodation to the country where he/she boarded the vessel on

which he/she arrived, unless the Commissioner determines that immediate removal
is not proper and practicable. ‘The cost of detention and other expenses incidental

thereto shall be borne by the owner, operator, master, pilot, captain, agent or

consignee of the vessel on which he/she arrived.
SEC. 75. Country Where Removal is to be Directed. — If the government of
the country designated in the preceding section will not accept the foreign national

into its territory, the removal of the foreign national shall be directed by the

Commissioner's discretion and without necessarily giving preference, either to:

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

(b) ‘The country of birth;

(©) The country of the foreign national’s habitual residence; or

(d) The country willing to accept the foreign national into its territory, if

removal to any of the foregoing countries is impractical or impossible.

SEC. 76. 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 under Section
70 hereof in the same vessel or another vessel owned or operated by the same
company;

(b) Detain a foreign national on board any such vessel at the port of arrival

when required by this Act or when so ordered by an Immigration Officer;

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(©) Deliver a foreign national for medical or other examinations when so
ordered by such officer;

(a) Remove a foreign national from the Philippines to the country to which
the individual's removal has been directed; or

(ec) Pay the cost of detention and other expenses incidental thereto of a
foreign national incurred while being detained as required by Section 74 of this Act

or other costs necessary or incidental to his removal as provided in this Act.

SEC. 77. Penalty for Non-compliance of Obligation. — The owner, operator,
master, captain, pilot, agent, or consignee of a vessel who violated Section 76 hereof
shall pay the fines prescribed under this Act. No such vessel shall be granted
clearance from any port in the Philippines while such fines remain unpaid or while
the validity thereof is being determined: Provided, That clearance may be granted
prior to such determination upon deposit of a sum or cash bond sufficient to cover
such fines as approved by the Commissioner.

TITLE V
DEPORTATION

CHAPTER1
DEPORTABLE FOREIGN NATIONALS

SEC. 78. Classes of Deportable Foreign Nationals, - The following foreign
nationals shall be taken into custody upon the order of the Commissioner and
deported upon recommendation by the Board of Special Inquiry and approval by the
Board:

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

(b) Those who entered the Philippines who were not lawfully admissible at
the time of entry;

(c) Those who abet or aid in the practice of prostitution, including the

owner or manager of a prostitution den, or are pedophiles;
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(d) Those who, at any time after the date of entry, have become a public
charge;

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

(8 Those who believe in, advise, advocate or teach the overthrowing by
force and violence of the Government of the Republic of the Philippines, or duly
constituted authority, or those who do not believe in or are opposed to organized

governments, or those who advise, advocate or teach the assault or assassination of

public officials by reason of their office, or those who advise, advocate or teach the
unlawful destruction of property, or those who are members of or affiliated with any
organization entertaining, advocating, or teaching such doctrines, or those who in
any manner whatsoever extend assistance, financial or otherwise, in the
dissemination of such doctrines;

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

(h) ‘Those who, at any time after entry, are charged of a crime involving acts

or omissions punishable under Philippine penal laws cognizable by the Regional

‘Trial Courts and the Sandiganbayan;

(i) ‘Those who, at any time after entry, are convicted by final judgment of a
crime involving moral turpitude which is punishable under Philippine penal laws
and cognizable by the first level courts;

() Those who were admitted as non-immigrants and who obtained an
adjustment of their admission status for convenience, or through fraud, falsification
of documents, misrepresentations or concealment of material facts;

(k) Those who violated Philippine labor and taxation laws, rules and
regulations;

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

(m) Those who forge, counterfeit, alter or falsely make any document; or use,

attempt to use, possess, obtain, accept or receive or provide any forged, counterfeit,

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altered or falsely made document; or use, attempt to use, provide, attempt to
provide, accept or receive a genuine document, even of another person, without
authority to do so for the purpose of satisfying or complying with the requirements

of the Commission;

(n)_ Those whose presence or activities in the country may result in adverse
consequences to Philippine foreign policies as determined by the Secretary of
Foreign Affairs;

(0) Those who misrepresented themselves as Filipino citizens in all
immigration matter; 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,
however, That in the 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. 79. Non-Prescription of Deportation Cases. ~ The right of the State to
initiate at any time deportation proceedings shall not prescribe.

SEC. 80. 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. 81. Formal 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 82. Bail. - Pending final determination of the foreign natiqnal’s

deportation case, the foreign national shall, upon the discretion of the
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Commissioner: (a) remain under detention; or (b) be released on bail or
recognizance. ‘The bail may be revoked and confiscated in favor of the government
if there is sufficient evidence that the foreign national is evading, the proceedings or
is attempting to abscond, in which case he/she shall be taken into custody and

placed under detention by order of the Commissioner.

SEC. 83. Custody of a Foreign National Convicted of a Felony or an Offer

~ 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. 84. Voluntary Deportation, When Authorized. — In case the foreign
national does not contest the formal charge against and opts to voluntarily leave the
country at the own expense of the foreign national, the Commissioner may waive the
deportation proceedings and order the departure within the period specified in the
voluntary deportation order: 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.

SEC. 85. 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. 86. 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;

(©) Impact on national security and public welfare;

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(d) Unavailability of travel documents;

(e) Existence of an application for refugee or statelessnes

(f) Other humanitarian considerations.

SEC. 87. 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 84 hereof.

SEC. 88. Country of Destination of a Deporte. ~ Except as provided for
under existing treaty or international agreement, a foreign national shall be deported
to the country of which the person is a citizen or national, or to the country of birth
of the individual, or to the country of which the individual is a resident, or to the
country from which the individual embarked for the Philippines, subject to the

acceptance by the receiving country.

SEC. 89. Cost of Deportation. - The cost of deportation shall be borne by the
owner, operator, captain, master, pilot, agent or consignee of a vessel in case its
foreign crewmember is to be deported for violation of Section 90 of this Act. |n all
other cases, the cost of deportation shall be borne by the deportee himself/herself,
the concerned consular office, nongovernment organizations or people's
organizations with which the Commission has an agreement on this matter, or from

the appropriations for the enforcement of this Act.

SEC. 90. Liability of Owner, Operator, Captain, Master, Pilot, Agent or
Consignee of a Vessel. ~ Failure or refusal on the part of the owner, operator, captain,
master, pilot, agent or consignee of a vessel to take on board, guard safely and
transport the deportee to the foreign national’s country of destination, or to shoulder
the cost of deportation of the foreign crew member as provided in Section 89 hereof,

shall be punished by an administrative penalty prescribed under this Act.

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SEC. 91. Expenses of Accompanying Person. - The Commissioner may, for
security reason or by reason of the mental or physical condition of the deportee,
direct an employee of the Commission to accompany such deporte to the country of
the person's destination, subject to the provisions of the immediately preceding

sections.

CHAPTER 3
INDIGENT FOREIGN NATIONAL

SEC. 92. 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, or country of birth, or country of

residence, as the case may be. The cost of deportation may be charged against the

available funds of the Commission. Any foreign national removed under this section

shall be barred re-admission except upon written authorization of the Board of

Commissioners.

‘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 a cause of action
which resulted in the individual’s indigency until such action is resolved with
finality: Provided, That no other grounds for deportation exist during the pendency

of the same.

TITLE VI
MISCELLANEOUS PROVISIONS
CHAPTER1
REGISTRATION OF FOREIGN NATIONALS

SEC. 93. Requirement of Registration, — All foreign nationals shall register
with the Commission or any Immigration Office nearest to the place of residence on

or before the sixtieth (60%) day of his/her latest arrival in the Philippines.

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SEC. 94. Registration Form and Oath. — Applications for registration shall be
under oath and in such form as prescribed by the Commission. Upon registration, a
certificate of registration shall be issued by the Commission to the registrant. In case
of loss or destruction of the certificate, a replacement thereof may be issued by the

Commission upon proper application and payment of prescribed fees.

SEC. 95. Amendment of Registration. — A registered foreign national shall
notify the Commission in writing of any change of information in the person’s

registration documents not later than seven (7) days thereof.

SEC. 96. Presentation of Certificate of Registration. — Every foreign national
required to register under this Act or the parent or guardian of such foreign national

shall, upon demand of any personne! authorized by the Commis

ioner, present a
certificate of registration of the individual, and failure to do so without justifiable

cause shall be dealt with in accordance with the provisions of this Act.

SEC. 97. Reportorial Requirements. — Every foreign national registered
under this Act shall, within the first sixty (60) days of every calendar year, report in
person to the Commission, 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. 98. Failure to Comply with Requirements. — A foreign national, or the
parent or guardian of the foreign national, as the case may be, who, without
justifiable reason, fails to comply with all the requirements under this Act, or who
files an application for registration containing statements known by 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

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SEC. 99. 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 Commission
within sixty (60) days from death and the Commission shall cancel such registration.
‘The Local Civil Registrar or other civil registry officer of the locality where said
foreign national died shall furnish the Commission with a copy of the Certificate of
Death within thirty (30) days from issuance thereof. Failure on the part of the
persons concerned to comply with the requirements of this section shall be dealt

with pursuant to the provisions of existing laws.

CHAPTER 2
BONDS AND DEPOSITS

SEC. 100. Bonds, When Required. — The Commission shall have the authority
to require cash bonds in such amounts and under such conditions as it may
prescribe:

(a) To control and regulate the admission into, and departure from, the

Philippines of foreign nationals applying for temporary admission;
(b) To insure against foreign passengers liable to be excluded as likely to
become public charges; and
() To insure the appearance of foreign nationals released from custody

during the course of deportation proceedings instituted against them.

SEC. 101. Requirement of Cash Deposits for Overtime Services, ~ The

Commis sh deposits in such

ion shall likewise have the authority to require

amounts as may be necessary from vessel’s owner, operator, captain, master, pilot,
agent, ot consignee or other persons served to cover payments for overtime services

to be performed by officers and employees of the Commission.

SEC. 102. Cancellation and Forfeiture of Bonds. - When the conditions of the
bond are fulfilled, or in case of a bond posted to insure against a foreign national

becoming a public charge, when the Commissioner decides that the likelihood no
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longer exists, or 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 removal of indigent foreign nationals and to cover

the costs of operations in locating, deportees who jump bail.

CHAPTER 3
RECOGNIZANCE

SEC. 103. Petitions for Recognizance, Sanction for Breach of Conditions.
— The Commissioner may order the release of a foreign national upon recognizance
of the individual's lawyer or a person who is of good standing in the community,

under such terms and conditions as he/she may pre:

ibe, 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 (P50,000,00) but not more than One
hundred thousand pesos (P100,000.00), without prejudice to other administrative

sanctions and/or proceedings against the erring party.

CHAPTER 4
COOPERATION AND COORDINATION WITH OTHER OFFICES

SEC. 104. Working Cooperation with the Department of Foreign Affairs. ~ For

purposes of efficient implementation and administration of this Act, the Commission

shall maintain a working cooperation with the Department of Foreign Affairs.

SEC. 105. Working Cooperation with the Commission on Higher Education.
- The Commission shall maintain a working cooperation with the Commission on
Higher Education with respect to accreditation of schools and learning centers for

enrolment of foreign students as authorized under this Act.

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SEC. 106. Coordination with Law Enforcement, Security and Other Offices.
— The Commissioner shall have authority to maintain coordination with the
National Security Council, the Philippine National Police, and other law
enforcement agencies of the government.
CHAPTER 5
FEES AND CHARGES

SEC, 107. Authority of the Commissioner to Prescribe, Impose and Collect
Fees and Charges. — The Commissioner is authorized to prescribe, impose and

collect fees and charges for services rendered pursuant to the provisions of this Act.

CHAPTER 6
ADMINISTRATIVE FINES AGAINST VESSELS

SEC. 108. Fine for Failure to Submit Crew List or Passenger Manifest, or
Failure to Account Every Passenger and Crew. — Any pilot, master, agent, owner or
consignee of a vessel arriving at any port in the Philippines from a place outside
thereof who fails to submit to the immigration authorities a complete and accurate
crew list or passenger manifest, or fails to produce or account every crewmember or
passenger whose name appears in said list or manifest shall be subject to fines of
One hundred thousand pesos (P100,000.00) and Fifty thousand pesos (P50,000.00) for

each unaccounted person, respectively.

SEC. 109. Fine for Violation of Obligation on the Landing or Removal of
Foreign Nationals. — A pilot, master, agent, owner or consignee of any vessel
arriving at a port of the Philippines from a place outside thereof for having a foreign
national on board in violation of this Act shall be fined not less than Fifty thousand
pesos (P50,000.00) but not more than Two hundred thousand pesos (P200,000.00) for
each act of violation consisting of:

(a) Failure to prevent the landing of such foreign national in the Philippines

at any time or place other than as designated by the immigration officer;

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(b) Refusal or failure to pay the cost of maintenance and other costs, as
required by Section 71 of this Act, of such foreign national when temporarily
removed from the vessels for examination by order of the immigration officer;

(©) Refusal to receive such foreign national on board for removal from the
Philippines if the foreign national is excluded, or to pay the cost of removal, if by
another vessel as required under Section 76 of this Act;

(a) Making any charge against such foreign national for the cost referred to
in (b) 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. 110. Fine for Bringing Undocumented Foreign National, or Foreign
National Afflicted with Communicable or Contagious Disease, or Suffering from
Mental Disorder, — ‘The pilot, master, agent, owner or consignee of the vessel
arriving at a port in the Philippines from a place outside thereof bringing on board
an undocumented foreign national shall be fined One hundred thousand pesos
(P100,000.00) 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 (P200,000.00) but not more than

‘Three hundred thousand pes:

's (P300,000.00) for each foreign national.

SEC. 111. Fine for Bringing a Foreign National to Assist His [egal Entry or
Misrepresenting a Foreign National as a Member of the Crew. ~ ‘The pilot, master,
agent, owner or consignee of the vessel arriving, at any port in the Philippines from a
place outside thereof bringing on board a foreign national bound for the Philippines
to assist the illegal entry of the foreign national, 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 (P100,000.00) but not

more than Two hundred thousand pesos (P200,000.00) for each foreign national.


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SEC. 112. Fine for Violation of Other Provisions of this Act. — The pilot,
master, agent, owner or consignee of any vessel arriving at any port of the
Philippines from a place outside thereof who violates any other provision of this Act
not specifically provided in this Chapter shalll be fined not less than Fifty thousand
pesos (P50,000.00) but not more than Two hundred thousand pesos (P200,000.00) for

each violation,

CHAPTER 7
OTHER PENAL PROVISIONS

SEC. 113. Other Prohibited Acts and Penalties Thereof. - Any person who
shall commit any of the acts specified hereunder shall, upon conviction, suffer the
penalty of prision correccional in its maximum period to prision mayor in its minimum
period or a fine of not less than One hundred thousand pesos (P100,000.00) but not
more than Five hundred thousand pesos (500,000.00) or both, at the discretion of
the court:

(a) Impersonates another individual, or falsely appears in the name of a
deceased individual, or evades the immigration laws by using an assumed or
fictitious name when applying for an immigration document;

(b) Issues or otherwise disposes of an immigration document or an
immigration accountable form, to any person not authorized by law to receive such
documents;

(©) Obtains, manufactures, prints, accepts or uses any immigration or travel
document knowing it to be false or uses immigration accountable form that is not
legally issued;

(d) Enters the Philippines without inspection and admission by the
immigration authorities, or obtains entry into the Philippines by fraud,
misrepresentation, or concealment of material facts;

(ce) Misrepresents himself/herself to be a Philippine citizen;

(f). Knowingly makes under oath any false statement regarding any

immigration matter; or

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(g) Brings into, or lands in the Philippines, or conceals, harbors, employs, or
gives comfort to any person not duly admitted by any Immigration Officer or not
lawfully entitled to enter into or resides within the Philippines, or attempts,
conspires with, or aids another to commit any such acts.

ection is a

Where the offender of any acts specified in paragraph (g) of this
corporation, company, partnership or other juridical entity, the president, general
manager, managing, partner, or chief executive officer thereof shall be held liable.
Dismissal of the employee by the employer before or after apprehension shall not
relieve such employer from any liability arising from the offense: Provided, That if

the offender

is the pilot, master, agent, owner, consignee, or other person in charge
of the vessel which brought the foreign national into the Philippines from any place
outside thereof, the fine imposed under this section shall constitute a lien against the
vessel which may be enforced in the same manner as fines are collected and enforced
under existing laws. Such vessel shall not be allowed to depart without prior
clearance issued by the Commission. Where forfeiture is justified under the
particular circumstances of the case, the forfeiture of the vessel in favor of the
government in lieu of the fine shall be decreed.

Conviction by final judgment of any offense punishable under this Act or

other related la’

all result in the automatic revocation or cancellation of any

immigration document issued to the offender, including that of the foreign

national’s spouse and unmarried children, if applicable.

SEC. 114. Penalty for Non-compliance of Subpoena. — Any person who,
having been duly served with a subpoena, fails to comply without valid and
justifiable reasons shall, upon conviction, suffer the penalty of imprisonment of not
more than fifteen (15) days or a fine of not more than One thousand pesos

(P1,000.00), or both, at the discretion of the court.

SEC. 115. Penalty for an Overstaying Crewmember. — Any foreign
crewmember who wilfully remains in the Philippines beyond the period allowed for

temporary landing shall, upon conviction, suffer the penalty of imprisonment of six

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(6) months or fine of not less than Fifty thousand pesos (P50,000.00) but not more
than One hundred thousand pesos (P100,000.00), or both, at the discretion af the

court.

SEC. 116. Imposition of Maximum Penalty, When Applicable. - A person
convicted under Republic Act No. 3019, as amended, otherwise known as the “Anti-
Graft and Corrupt Practices Act”, or other laws against corruption and bribery who
shall violate or circumvent any provisions of this Act shall, upon conviction, suffer

the maximum penalty for such offense as provided under this Act.

CHAPTER 8
UPGRADING OF COMPENSATION AND BENEFITS

SEC. 117. Creation and Upgrading of Compensation. - ‘The basic monthly

compensation of the following officials and employees of the Commission shall be as

follows:
Position Salary Grade

From To
Commissioner Il 30 30
Deputy Commissioner III 29 29
Executive Director - 28
Attorney V 25 28
Deputy Executive Director I oy 27
Chief Administrative Officer 24 27
Chief Immigration Officer 24 a7
Intelligence Office V 24 27

Information Technology Officer III 24 ea

Attorney IV B Pa
Attorney IIL 2 26
Attorney II 18 25
Intelligence Office [V 2 oe

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23

24

25

26

2

29

30

31

Supervising Immigration Officer 2 25

Supervising Administrative Officer 2 25
Accountant III 19 25
Attorney I 16 24
Senior Immigration Officer 19 23
Administrative Officer V 18 23
Border Control Officer - 22
Intelligence Officer III 18 21
Immigration Officer IL 16 21
Intelligence Officer I 15 19
Immigration Officer Il 13 19
Immigration Office | " 7
Intelligence Officer 1 n 7

On the recommendation on the Commissioner, the Board shall have the

authority to reorganize, upgrade, or otherwise make adjustments in, the offices of
the Commission as required by the implementation of this Act: Provided, That to the
extent possible, the incumbent chiefs of sections or divisions whose offices are thus
affected may be upgraded to positions of comparable rank in the reorganization; for
the new division created under this Act, the Commissioner shall designate the chiefs

thereof.

CHAPTER 9
TRANSITORY PROVISIONS

SEC. 118. Interim Period. — The incumbent Commissioner and two Deputy
Commissioners, if qualified under this Act, shall continue to discharge the functions
of their position unless otherwise removed by the President. All personnel of the

Bureau of Immigration shall continue to discharge the functions of their position.

SEC. 119. Staffing Pattern and Salary Schedule. - To carry out the provisions

of this Act, the Commissioner shall submit a new staffing pattern and salary

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schedule for personnel services to the Secretary of the Department of Budget and
Management in accordance with Section 118 taking into account the Salary
Standardization Law and other applicable laws under the National Compensation

and Class

ication Plan.

SEC. 120. Reorganization of the Commission. — Upon approval of this Act,
all employees of the Bureau of Immigration covered by the civil service law and
regulations shall continue to hold their present positions pending the
reorganization of the Commission in accordance with the new staffing pattern:

Provided, That the salaries, wages, allowances and other benefits of incumbent

officers and employees of the Commission shall not be subject to diminution
Provided, further, That in the event that the positions are abolished in accordance
with the reorganization, the affected employees shall be retained. Provided, finally,
‘That employees who have been dismissed for cause shall no longer qualify for any

position in the Commission.

SEC. 121. Inventory and Transfer of Properties, Accounts, Assets, Liabilities
and Obligations to the Commission, — All buildings, properties, equipment,
facilities, accounts, other assets, liabilities and other obligations as well as records of
the Bureau of Immigration shall be properly inventoried and transferred to the

Commission,

SEC. 122. Treaty or Agreement. - Any treaty or agreement entered into
between the Philippines and any foreign state before the effectivity of this Act shall

remain in force and effect.
SEC. 123. 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 the provision of this Act unless otherwise applicable.

CHAPTER 10


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ADMINISTRATION AND IMPLEMENTATION

SEC, 124. Administration and Implementation Abroad. ~ The administration
and implementation of this Act abroad, including, the rules and regulations as well
as specific visa policies or guidelines, shall be the responsibility of the Department of
Foreign Affairs, with due notice to the Commission and other concerned agencies

and/or offices

SEC, 125. Implementing Rules and Regulations

— The Commission, ypon
consultation with the Department of Foreign Affairs and other concerned agencies or
offices and subject to the approval of the Secretary, shall promulgate the rules and
regulations for the implementation of this Act within sixty (60) days from its

effectivity.

CHAPTER 11
FINAL PROVISIONS

SEC. 126. Separability Clause. — If any of the provisions of this Act is held
invalid or unconstitutional the other provisions not affected thereby shall continue to

be in force and effect.

SEC. 127. Repealing Clauses. - (a) Commonwealth Act No. 613, otherwise
known as the “Philippine Immigration Act of 1940", as amended, and Republic Act
No. 750, are hereby repealed; (b) All laws, presidential decrees, executive orders,
proclamations, memorandum orders, instructions, rules and regulations or parts

thereof inconsistent with this Act are hereby amended or modified accordingly.
SEC. 128. Effectivity Clause. — This Act shall take effect fifteen (15) days
after its complete publication in the Official Gazette or in two (2) newspapers of

general circulation.

Approved.