Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session

House Bill nohO69

Introduced by REPRESENTATIVE MARCELINO C. LIBANAN

EXPLANATORY NOTE

‘This bill seeks to reorganize and modernize the Bureau of Immigration which remains to
be governed by Commonwealth Act No. 613 or otherwise known as the Philippine Immigration
‘Act 1940 ~a cighty-decade old legislation which has been outdated by the constant evolution of
international migration, As the government agency in charge of controlling the entry and
admissions of foreigners and migrants into our borders. it is crucial that the Bureau is in tune with
the modem times in the interest of our national security and economic development.

In the recent years, the Bureau has been under fire due to unlawful entry of aliens, human-
trafficking and alleged corruption within its ranks. Thus, the structural and institutional reforms
being introduced in this bill will professionalize the Bureau through upgrading of positions and
compensation und ensuring benefits to its personnel aimed at enhancing the efficiency and efficacy
of implementing our immigration law, anti-human trafficking laws, and other related laws and
regulations.

As a former Commissioner of the Bureau of Immigration, 1 have managed to introduce
several reforms in the Bureau despite being limited by the current law, C.A. No. 613. Iam certain
too that the Commissioners that followed have also managed to introduce reforms to modernize
the Bureau, especially during the start of the outbreak of COVID-19. But these reforms alone are
not sufficient as our immigration law continue to be outdated and unrealistic, paving the way for
circumvention of our laws.

Further, this bill is an iteration of House Bill No. 8850 which was approved on Third
Reading during the Third Regular Session of the Eighteenth Congress, The same was transmitted
to the Senate on August 24, 2021 and was pending on Second Reading.

{n view of the foregoing, the early his bill is earnestly requested

MARCELINOENLIBANAN
Representative, 4Ps Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

INETEENTH CONGRESS
First Regular Session

House Bill vol 069

Introduced by REPRESENTATIVE MARCELINO C, LIBANAN

AN ACT
MODERNIZING THE BUREAU OF IMMIGRATION BY DEFINING ITS POWERS
AND FUNCTIONS, FURHTER 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:

TITLE I
GENERAL PROVISIONS

SEC. 1, Short Title. - This Act shall be known as the “Bureau of Immigration
Modernization Act”

‘SEC. 2. Declaration of Policy. ~ in the conduct of its relations with other States
the Philippines shall give paramount consideration to national sovereign:
territorial integrity, national security, national interest, the right to self-
determination, the enhancement of economic diplomacy, and the Protection of
overseas Filipinos in destination countries as it adheres to the policy of peace,
cooperation, and amity with all nations.

To 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:

(a) _ the necessity for encouraging and enhancing capital investments, trade and
commerce, cultural exchanges and other forms of friendly relations and
cooperation;

(b) the need to support technological and scientific development in the country;
(c) __ the goal to promote the conditions for social welfare and economic security of
the people;

{d) the fulfillment of obligations and compliance with standards set by
international law in the admission or exclusion of foreign nationals;

(e) the, ,jmodemnization 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; an

CD .__, the professionalization of the immigration service by instituting a rigid system
of screening and selection of immigration officials and employees and promoting
their development.

SEC. 3. Definition of Terms. — As used in this Act:

(2) Admission refers to the process by which a foreign national arriving at a port
Of entry in the Philippines is allowed into the country whereby a status or entry
category is granted by the immigration authorities;


©) cbider, Control Officer refers to any person authorized to man the Border
control Checkpoints as provided in this Act;

(c) Captain refers to the master of a vessel or pilot of an aircraft;

(3) Child or children refers to a person or persons below eighteen (18) years of
age;

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

(f) Commissioner refers to the Commissioner of the Bureau of Immigration;

@ Commitment Order refers to an order issued by the Commissioner under this
ct that directs the taking into custody of a foreign national after it has been
determined that probable cause exists that the foreign national committed acts
or omissions in violation of Philippine immigration laws, rules and regulations,
‘or during the pendency of deportation proceedings against such foreign national:
Provided, That such custody shall not exceed three (3) months, unless there
exists other legal grounds for continued custody;

P), Consular Officer refers to any consular, diplomatic, or other officer of the
epartment of Foreign Affairs (DFA) who has been duly granted a consular
commission for the purpose of issuing visas under this Act;

())__ Derogatory Information refers to details about persons and travel documents
relating to immigration consisting of the following:

(1) _ Blacklist Order refers to an order issued by the Commissioner that
Prevents a foreign national from entering the territorial jurisdiction of the
ilippines;

(2) Hold pipeere Order refers to an order issued by the Commissioner
venting a foreign national from leaving the territorial jurisdiction of the
ilippines_in cases where bail or recognizance is ‘granted pending
implementation of a Deportation Order, or a directive implementing an order
issued by the appropriate court preventing a person from leaving the territorial
jurisdiction of the Philippines; and

(3) Monitor 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 thirty (30) days, and to notify the concerned government
agencies of the Philippines;

()__ Entry refers to the arrival of a foreign national into any designated port of
entry in the Philippines from a place outside the Philippine territorial jurisdiction.
A foreign national having a lawful permanent residence in the Philippines shali
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 any other legal process;

k) Exclusion refers to the act of Immigration Officers denying admission of a
foreign national into the country on grounds provided in this Act;

192 Foreign national or alien refers to any person who is not a citizen of the
ilippines;

(m) Immigrant refers to ay, foreign national, other than a non-immigrant,
ranted resident status in the Philippines under the provisions of this Act and other
jaws granting immigrant status;

(n) _ Immigration laws refer to this Act and other laws presently existing or which
Mey hereafter be enacted relating to the movement of natural persons to and from
the Philippines;

{0} Immigration Officer refers to any person appointed under Title II, Chapter of
this Act or any erbloyes. designated ine Commissioner to perform the powers,
duties and functions of an Immigration Officer as specified under this Act;



(p)___ Non-immigrant refers to any foreign national who is allowed entry and
admission into the Philippines for a temporary or limited period of stay;

(9) Non-refoulement refers to a principle of international law which prohibits the
forced or involuntary return of refugees or those seeking asylum in the
Philippines to a state or territory where there are valid reasons to believe that the
life or freedom of such refugee or asylum seeker would be threatened on account of
ae religion, nationality, membership in a particular social group, or political
opinion;

(r) _ Passport refers to a document issued by a government to its citizens
requesting other governments to allow such citizens to pass through or enter into a
territory of other states safely and freely, subject to pertinent rules and regulations;

(s)__ Person refers to a natural person or a juridical person such as partnerships,
Corporations, companies, and associations;

(9. Port of entry refers to any port designated by the Commissioner through
which a foreign national may enter or exit the Philippines;

(u) Refugee refers to a person who, owing to a well-founded fear of being
persecuted for reasons of race, religion, nationality, membership in a particular
Social group, or political opinion, ‘is outside such person's country of nationality, and
Is unable or, owing to such fear, unwilling to avail of the protection of that
country; or ‘a person who, not having a nationality and being outside such
person’s country of former ‘habitual residence, is unable or, owing to such fear,
Unwilling to return to it;

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

(w) Stateless person refers to a person who is not considered a national by any
state under the operation of its laws;

(x) _ Travel document refers to a certification or identifying document containing
the description and other personal circumstances of its bearer issued by a
government to individuals for travel purposes;

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

(z) _ Visa refers to an endorsement on a passport or any travel document issued
by a Consular Officer abroad authorizing the holder thereof to ‘eee to a
designated port of entry in the Philippines and there, to apply for entry and
admission under the status specified therein; or an endorsement on a passport
or any travel document granted by the Commissioner or the Board under this Act,
or by any other person authorized by existing laws.

TITLE It
THE BUREAU OF IMMIGRATION
CHAPTER 1
THE BUREAU

SEC. 4, Overview. - The Bureau of Immigration, hereinafter referred to as
the’Bureau”, shall be under the control and supervision of the Department of
Justice {000}. The Bureau shall be pecely responsible for the administration
and enforcement. of this Act, and the implementation of all laws, rules and
regulations, or orders of any competent authority concerning the entry and admission
into, stay in and the departure from the Philippines of ali persons. The Bureau may
seek the assistance of other government entities in the enforcement of laws, rules
and regulations relating to immigration, border control, and anti-trafficking in
ersons.

CHAPTER 2
THE BOARD OF COMMISSIONERS


SEC. 5. Composition and Qualifications. — The Bureau shall be administered by
the Board Commissioners, hereinafter referred to_as the Board, headed by
the Commissioner as Chairperson, and two (2) Deputy Commissioners as members,
all of whom shall be natural-born citizens of the a ens holders of a college
degree, with proven capacity for administration and, at the time of their
appointment, at least thirty-five (35) years of age: Provided, That at least one of
the members shall be a member of the Philippine Bar in good standing for at least
five (5) years prior to the appointment: Provided, further, That at feast one (1)
member of the Board shall come from the ranks of the Bureau.

yp Powers and Functions. - The Board shall have the following powers and
unctions:

(a) Decide on applications or cases relative to:
(1) Deportation;
(2) Revocation of immigration status;

@ Reacquisition and retention of Philippine citizenship under Republic Act
i. 9225, otherwise known as the “Citizenship Retention and Reacquisition
Act of 2003" and such laws as may hereafter be enacted on the subject;

(4) _ Issuance and revocation of all visas and permits;
(5) Declaration of indigence; and
(6) Legalization of residence in accordance with law;

5) Cite and punish for contempt in relation to the discharge of its quasi-judicial
inctions, in accordance with the Rules of Court;

(c) Prescribe and promulgate rules of procedure for proceedings before it;

(d) Prepare and publish operations manuals, including schedules of fees for all
transactions entered into by the Bureau with the publi

{e) Formulate policies, directives, programs and projects of the Bureau; and

{f) Such other powers and functions as provided in this Act and other existing
laws, rules and regulations not inconsistent with any of the provisions of this Act.

SEC. 7. Decisions. - All cases or proceedings before the Board shail be decided
with the concurrence of the majority of the members of the Board. Decisions of
the Board shall become final and executory fifteen (15) days from receipt thereof
by the concerned parties. Only one (1) motion for reconsideration shall be allowed

SEC. 8. Period for Decision. —- The Board shall decide deportation cases within
sixty (60) days from the date they are submitted for resolution. Decisions in
deportation cases may be appealed to the Secretary of Justice within fifteen (15)
days from receipt thereof by the concerned party. The decision of the Secretary
of Justice may be appealed to the Office of the President within fifteen (15) days
from receipt of judgment. The decision of the Board shall become executory after
thirty (30) days from promulgation, unless within such period the President shall
order the contrary.

SEC, 9. Meetings. - In all cases, the Board of Commissioners shall convene and
act as a collegial body in ali matters referred to in Section 6 of this Act. The
Board shail meet at least once a week or, if necessary, twice a week. Members of
the Board shall be notified accordingly and the presence of the Chairperson and
one (1) member shall constitute a quorum.

CHAPTER 3
THE COMMISSIONER AND THE DEPUTY COMMISSIONERS
SEC. 10. Appointment of the Commissioner. - The Commissioner shall be

appointed by the President and shall have the same rank, salary, and privileges
of an Undersecretary of a Department.


SEC. 11. Powers and Duties of the Commissioner. — In addition to the duties
@s Chairperson of the Board of Commissioners, the Commissioner shall also

undertake the following:
(a) Supervise, direct and coordinate the overall operations of the Bureau;

(b) Exercise control and supervision over the officers and personnel of the Bureau,
incusing the power to appoint, promote, and reassign personnel, subject to civil
service laws, rules and regulations: Provided, That promotions and appointments
to positions of Division Chiefs and above shall be made by the Secretary of Justice
upon the recommendation of the Commissioner;

(c) Issue the following:

{2) Mission Orders, after determination of the existence of probable cause
r the purpose of deportation;

(2) Commitment or Release Orders;
(3) Warrants of Deportation;

) Orders to inspect the documents, premises, and records of persons covered
yy this Act; and

(5) Derogatory information orders defined in Section 3(i) of this Act;

{d) Delegate authority to subordinate immigration personnel and employees of the
jureau, except the powers and functions enumerated in paragraph (c) of this
section, which may be delegated only to a Deputy Commissioner;

(e) Act on applications for extension of visas with the concurrence of the Board;
(f) Act on applications for study and work permits;

|) Control the opening and closure of posts, landing places, airports or ports
BsRed es points of entry or exit, whether limited or unlimited:

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

() Issue Certificates of Naturalization to foreign nationals who have been granted
ilippine citizenship;

(j) Promulgate rules and foaulerion. as may be Uv gregh BE proper for the

4 ive discharge of the duties and responsibilities of the officials and personnel

mf the Bureau, and for the effective exercise of the powers and functions of the
jureau;

(k) Deputize, subject to the concurrence of the Board, any official or employee of
the ‘national government and local government units, including uniformed
personnel of the Armed Forces of the Philippines, the Philippine National Police, and
the Philippine Coast Guard to assist immigration personnel in the performance
of their duties and functions;

(I) Seek the assistance of relevant government agencies for intelligence data
Gathering and sharing;

(m) Authorize and prescribe, with the concurrence of the Board, the form and the
amount of cash bonds for the provisional release of respondents in deportation
proceedings;

(n) Impose reasonable fines and penalties for violations of immigration and alien
Eanretion laws in accordance with this Act and the guidelines adopted by the
joard;

{o) Accept donations of materials, equipment or technical services from any foreign
government, international or domestic organization, to upgrade the efficiency and
Operations of the Bureau;

(2) Provide an, express lane system for the rendition of services performed for
individuals and entities upon payment of fees that may be prescribed, and
deposit in an authorized government depository bank such fees received under a
trust fund subject to auditing and accounting rules, fifty percent (50%) of which
shall be made available for the augmentat in. of the salaries of the employees
of the Bureau, and fifty percent (50%) of which shall be remitted to the national

treasury;



(q) Submit to the President and to Congress, annually or as may be directed, a
Feport on:

(1) the number and status of foreign nationals in the Philippines;

(2) foreign nationals admitted or granted change of status as permanent
residents;

3) foreign nationals who have been excluded or deported from the
hilippines;

(4). the estimated number of illegal foreign nationals in the Philippines in
each calendar year and actions taken to arrest them, grouped by
nationality, for each region in the Philippines; and

(5) such other transactions of the Bureau;

(r) Determine the manning levels of Immigration Officers of the Bureau nationwide
ip accordance with the number of arrivals in each port of entry as determined by

the Board: Provided, That for every three hundred (300) passengers, there shall
be one (1) Immigration Officer in an eight-hour shift;

(s) Exercise disciplinary authority over personnel of the Bureau charged with less
Grave and light administrative offenses, in accordance with the Revised Rules on
drninistrative Cases in the Civil Service (RRACS): Provided, That the discipling
authority over those charged with grave administrative offenses under RRAC:

shall belong to the Secretary of Justice;

(2) Prepare and submit a supplemental budget, if necessary, for the consideration
of the Department of Budget and Management (DBM) and Congress;

(u) Prescribe, with the concurrence of the Board, the appropriate forms, bonds,
reports, entries and other papers in accordance with this Act;

(v) Require all vessel operators to submit advance passenger information in the
form prescribed by the Board, and prescribe penaity for the violation hereof;

(ww) Engage foreign counterparts pertaining to border control; and
(x) Perform such other functions inherent to the Bureau.

SEC. 12. Appointment and Rank or Darnely Commissioners. — There shall be
two ic) Deputy Commissioners who shall be appointed by the President. They
shall have the rank, salary and privileges of an Assistant Secretary of a Department.

SEC. 13. Duties of Commissioners. ~ In addition to their duties as
members of the Board, the Deputy Commissioners shall supervise a minimum of
{wo (2) Divisions and ‘one (1) regional office each as may be determined by
the Commissioner.

CHAPTER 4
THE INTERNAL AFFAIRS SERVICE

SEC. 14. Qualifications of the Director, Internal Affairs Service (TAS). =
An Internal Affairs Service (IAS) of the Bureau is hereby created which shall be
headed by @ Director who must be a natural-born citizen of the Philippines, at least
thirty (30) years of age and a member of the Philippine Bar in good standing for
at least five (5) years prior to the appointment.

SEC. 15. Powers and Functions, The IAS shall have the following powers and
functions:

(a) Conduct inspections and audit over personnel and units of the Bureau;

(b) Receive administrative Som paints against all Bureau personnel, and indorse to
the Office of the Secretary of Justice complaints filed against personnel who are
subject to the disciplining authority of the Secretary;

{c), Conduct summary hearings of administrative cases against personnel appointed
and promoted by the Commissioner;


(d) Investigate complaints and gather evidence in support of an investigation;

(e) File appropriate criminal cases against Bureau personnel before the court as
evidence warrants and assist in the prosecution of such cases; and

(f) Provide assistance to the Office of the Ombudsman in cases involving the
personnel of the Bureau.

CHAPTER 5
THE BOARD SECRETARY

SEC. 16. Qualifications, - There shall be a Board Secretary of the Board of
Commissioners who must be a natural-born citizen of the Philippines, at least
Rhirty (0) years of age and,a member of the Philippine Bar in good standing for at
least five (5) years prior to the appointment.
SEC. 17. Powers and Duties. - The Board Secretary shall:
(a) Attend and take the minutes of all meetings of the Board;
(b) Prepare the agenda for the deliberation of the Board on visa applications;

(c) Prepare the agenda for the deliberation of the Board on deportation cases as
endorsed by a member of the Board after initial review;

(d) Implement the decision of the Board approving visa applications, including
revalidation;

(e) Keep and manage all records of the deliberations of the Board;

(f) Advise the members of the Board on all matters relative to compliance with
relevant laws and requirements of regulatory authorities; and

(g) All other functions as may be directed by the Board.

CHAPTER 6

THE BOARDS OF SPECIAL INQUIRY
SEC. 18. Creation of the Boards eel yr Inquiry. — There shall be created up
to five (5) Boards of Special Inquiry mi SI) as required in the exigency of service
as determined by the id. Each BSI shall be composed of a Chairperson and
two (2) members. The BSI shall be designated according to their areas of
specialization to be determined by the Board.
SEC. bag ngage orgy and Qualifications of the Cl rsons and Members
of the The Chairpersons and members of the BSI shall be appointed by
the Commissioner, shall be naturai-born citizens of the Philippines and, at the time
of their appointment, at least thirty (30) years of age, members of the bie nd
Bar in good standing and have been engaged in the practice of law for at least three
(3) years prior to appointment.
SEC. 20. Powers and Functions. - The BSI shall:

(a) Recommend to the Board of Commissioners for final resolution cases and
applications relative to:

(1) Deportation;
(2) Revocation of immigration status; and
(3) Legalization of residence in accordance with law;

(b) Recommend to the Commissioner for appropriate action cases and applications
Felative to:

(1) Cancellation of alien certificates of registration by marriage; and
(2) Issuance of alien certificates of registration to refugees;


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

(d) In the exercise of its quasi-judicial power, cite and punish persons for contempt
in accordance with the Rules of Court;

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

(f), Administer oaths in connection with the performance of their duties, as may be
authorized by the Board;

(g) Promuigate rules and regulations vernir matters within its assigned
mandate, subject to the approval of the Board; and

1) Perform such other duties and functions as may be directed by the
jommissioner or the Board of Commissioners.

SEC. 21. Proceedings. ~ The proceedings before the BSI shall be public and

recorded. In all cases, the BSI shall meet and act as a hae. body. Only members

jada Ehaipeine Bar in good standing may appear for and in behalf of any party
re the BSI,

SEC. 22. Resolution of Cases. - Cases before the BSI shall be resolved within
five (5) warkibg tad from the date the cases are submitted for resolution.
The resolution of the BSI shall be submitted immediately to the Board for action.

SEC. 23. Creation of Positions. - The positions created under the BSI shall have
the following classification and salary grades:

DESIGNATION | POSITION SALARY GRADE
Chairperson Attorney V 25 |
Members i Attorney IV 23
CHAPTER 7

DIVISIONS AND OTHER OPERATING OFFICES OF THE BUREAU

SEC. 24. Divisions and Other Operating Offices of the Bureau. - The Bureau
shall have the following Divisions and other operating offices, namely:

A. DIVISIONS:
(1) Administrative;
(2) Alien Registration;
(3) Finance and Logistics;
(4) Human Resource Management and Development;
(5) Immigration Regulation;
(6) Information and Communications Technology;
(7) Immigration Intelligence;
(8) Immigration Law Enforcement;
(9) Legal Affairs;
(10) Immigration Operations; and
(11) Planning and Research

B. REGIONAL OFFICES that shall be created by the Board according to political or
administrative regions.

C. DISTRICT AND FIELD OFFICES

SEC. 25. Heads of the Divisions and Other Leoytong: J Units. — Each Division
shall be headed by a Division Chief: Provided, That the Chief for Legal Affairs shall


be a member of the Philippine Bar in good standing and must have been engaged
in ine prechce of law for at least three i) years prior to appointment, and that
Chief for Finance and Logistics must ‘a Certified Public Accountant in good
standing for at least three (3) years prior to appointment.

The Regional Offices shall be headed by a Supervising Immigration Officer, while
the District and Fieid Offices shail be headed by a Senior Immigration Officer.

No person shall be by yrs as Chief of any of the Divisions enumerated in
pase yt of this Act unless such person meets the qualification standards
set by the Bureau and approved by the Civil Service Commission (CSC).

SEC. 26. izational Structure, Duties and Functions of the Divisions,
Regional, Field and Other Operating Offices. — Subject to the approval
by the DBM, the Board shall determine the organizational structure of the
different Divisions, Regional, District and Field Offices, and other operating offices
of the Bureau to ensure the effective performance of their respectives mandatt

SEC. 27. Chief Administrative Officer. - The Bureau shall have a Chief
Administrative Officer who shall perform the following duties:

(2) Develop and implement an administrative support strategy for the Bureau;
(b) Coordinate all administrative functions of the Bureau;

(c)___ Monitor and evaluate all policies and programs of the Bureau, and
recommend to the Board such policies, programs and measures for the effective
and efficient administration of the Bureau; and

(d) Perform such other tasks as may be directed by the Commissioner.

SEC. 28. Chief Alien Registration Officer. - The Bureau shall have a Chief Alien
Registration Officer who shall perform the following duties:

(2) formulate plans and policies for the implementation of the Alien
‘egistration Program;

(b)_ Establish and implement measures for the effective registration,
Monitoring and accounting of aliens, including the collection and safekeepin
of Biometric data of all aliens pursuant to this Act and other laws, rules an
regulations;

(c)._ Monitor and evaluate all policies, Programs and measures relative to alien
registration, and recommend to the Board such measures to improve the system of
alien registration; and

(d) Perform such other tasks as may be directed by the Commissioner.

SEC. 29. Chief Finance and Logistics Officer. - The Bureau shall have a Chief
Finance and Logistics Officer who shall perform the following duties:

{a) Formulate and supervise the implementation of policies pertaining to
procurement, fiscal management, auditing and accounting in support of the overall
plan and strategic direction of the Bureau;

(b) Direct and manage all the procurement activities of the Bureau;

(c) Implement sound fiscal policy;

(d) Supervise the preparation of the Annual Procurement Plan;

(e) Initiate projects in the furtherance of the improvement of the Bureau;

() Set performance targets for the Bureau in order to meet its objectives,
plans and programs; and

(g) Perform such other tasks as may be directed by the Commissioner.

SEC. 30. Chief Human Resource Management and Development Officer. —
The Bureau shall have @ Chief Human Resource Management Officer who shall
perform the following duties:

(a) Develop and execute human resource strategies in support of the overall
Rn and strategic direction of the Bureau especially in the areas of selection,
iring and promotion;


{b) Design employee training modules;

{o) Develop comprehensive strategic recruitment and retention plans to meet
juman capital strategy goals;

{d) Set qualification standards and implement competency-based hiring and
promotion policies;
fe) _,,oversee the recruitment, selection and promotion of employees of the

reau;

(f Set performance standards for the employees of the Bureau in order to
meet its objectives, plans and programs;

(9) Prepare and implement schemes to strengthen the relationship between
management and employees; and

(h) Perform such other tasks as may be directed by the Commissioner.

SEC, 31. Chief Immigration Regulation Officer. ~ The Bureau, shall have a
Chief immigration Reguation Officer who shall perforin the following duties:

(2) geormulate plans and programs for the effective | enforcement of
immigration laws relating to the admission, sojourn, and exit of aliens;

(b) —_ Establish ies for the effective monitoring of all commercial vessels
while in Philippine territory;

(c) _ Oversee and supervise all regional, district, and field offices, and border
Crossing checkpoints;

(d) Maintain administrative control over aliens admitted for limited periods;

1] Represent the Bureau In the enforcement of the RP-Indonesian Agreement the
“Malaysian Anti-Smuggling Agreement, and other subsequent similar

agreements; and

(Ff) Perform such other tasks as may be directed by the Commissioner.

SEC. 32. Chief Information and Communications Te y Officer. ~ The

Bureau shall have a Chief Information and Communications Technology Officer

who shail perform the following duties:

(a) Formulate policies, plans and programs on management information
systems, network, cybersecurity, and information and communications technology
(ICT) resources of the Bureau;

(b) Supervise the implementation of all the information and communications
technology projects of the Bureau;

{c) Review, evaluate, and recommend for approval by the Commissioner the
integration of all existing ICT systems of the Bureau;

(d) Initiate the conduct of ICT research, development, and standardization; and
(e) Perform such other tasks as may be directed by the Commissioner.

SEC, 33. Chief Immigration Intelligence Officer. — The Bureau shall have a
Chief Immigration Intelligence Officer who shall perform the following duties:

(2) ace Develop plans and programs for the gathering and coliating of intelligence
objectives through effective management of all intelligence and counter-
intelligence activities of the Bureau;

b) Manage the conduct of intelligence and counter-intelligence activities of the
ureau;

c)__ Serve as the linkage between foreign counterparts or embassies and the
jureau;

(d) Initiate development of intelligence training modules; and
(e) Perform such other tasks as may be directed by the Commissioner.


SEC. 34. Chief Immigration Law Enforcement Officer. — The Bureau shal! have
a Chief Immigration Law Enforcement Officer who shall perform the following duties:

(2) ig OCveIOR Plans and programs for effective law enforcement actions against
foreign nationals who violate immigration laws, rules and regulations;

(6) _ Exercise command, control, direction, coordination, and supervision of all law
enforcement activities of the Bureau, such as the deployment Slee:
Subject to the power of the Commissioner under Section 11(b) of this Act;

(c) Initiate the development of law enforcement training modules;

(d) Establish an effective monitoring tool for fugitives and undesirable foreign
nationals; and

(e) Perform such other tasks as may be directed by the Commissioner.

SEC. 35. Chief Li Affairs Officer, ~ The Bureau shall have a Chief Legal
Affairs Officer who shall perform the following duties:

&) Serve as the legal counsel of the Bureau, in coordination with the Office of the
icitor General;

'b) Develop guidelines for the summary deportation of foreign nationals who are
gitives, overstaying, undocumented, or convicted of crimes involving moral
turpitude or crimes where the penalty of deportation is imposed;
(c) Assign prosecutors for regular deportation proceedings;
(¢) Implement deportation orders;

2. Study contracts affecting the Bureau and submit recommendations to the
joard relative thereto;

() Render legal opinions on matters arising from the administration and
Speration of the Bureau; and

(9) Perform such other tasks as may be directed by the Commissioner.

SEC. 36. Chief Immigration Operations Officer, - The Bureau shall have a Chief
Immigration Operations Officer who shall perform the following duties:

(a) Formulate plans and programs for the effective and efficient immigration
‘operations in all international airports and seaports;

{b) Oversee and supervise the immigration operations in all international
airports and international seaports, including the conduct of arrivaland departure
formalities consistent with this Act and other applicable laws, rules and regulations;
3) Implement Blacklist Orders, Hold Departure Orders, Monitor Orders, Travel

‘estriction Orders, Orders to Leave, Exclusion Orders,’ and other such orders
issued by the Board or by the Commissioner;

4) Ensure the compliance of all immigration personnel under the Operations
ivision with the Bureau's Quality Management System (QMS);

(e) Monitor admitted foreign temporary visitors who were referred for
secondary or tertiary inspection;

(f) Initiate the development of immigration operations training modules; and
(9) Perform such other tasks as may be directed by the Commissioner.

SEC. 37. Chief Planning and Research Officer. - The Bureau shall have a
Chief Planning and Research Officer who shail perform the following duties:

(a) __ Formulate and implement the Bureau's programs, projects and processes for
planning and research;

(b) — Facilitate and organize strategic planning sessions for the entire Bureau;
(c) Conduct workload assessment and forecasting;

{d) Provide assistance to the Board in the implementation and establishment of
a risk management process;


(e) Implement a monitoring feedback measurement and evaluation system for
the implementation of all Bureau policies, projects, and programs;

(f)__ Represent the Board in meetings relating to planning and research; and
(9) Perform such other tasks as may be directed by the Commissioner.

CHAPTER 8
IMMIGRATION OFFICERS

SEC. 38. Immigration Officers. - The Bureau shall employ an elite group of
Immigration cers who shall be assisted Immigration Inspectors and
Immigration Agents in the performance of their duties and functions. No person
shall ‘Se appoisted to the position of Immigration Officer, Immigration Inspector
or Immigration Be gat unless such person meets the qualification standards set
by the Bureau and approved by the CSC.

The following determinative factors shall be included in setting the qualification
standards for each position:

(a) Educational Attainment
(b) Civil Service Eligibility

(c) Relevant Experience

(d) Training (Basic, Advanced or Executive)

(e) Agility

. 39. Powers and Duties. - The Immigration Officers shall have the following
powers and functions:

(a) Examine, with the assistance and advice of medical authorities in appropriate
Cases, foreign nationals at the port of entry concerning their admissibility to enter
and their qualifications to remain in the Philippines;

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

2 Administer oaths in connection with the performance of their duties, as may
authorized by the Board;

(2), Search for foreign nationals on. any vessel believed to be used to illegally
ing foreign nationals into the Philippines, and to take into custody without warrant
any foreign national who, in the presence or view of the Immigration Officer, is
entering or is about to enter the Philippines in violation of immigration ‘and
related laws, rules and regulations;

(e) Act as control personne! with authority to prevent the departure of
passengers who do not comply with duly published departure requirements;

(A), Detect and report violations of the immigration and alien registration laws
and, in appropriate cases, take necessary actions upon the instructions of the
Commissioner, including follow-up on the stay of non-immigrants to prevent
overstaying;

(9) Detect and report subversive activities of aliens in the interest of national
security;

(h) Investigate any case at the Instance of the Commissioner and submit the
required reports;

(i) Report on the activities of aliens inimical to national interest with a view to
taking appropriate action in accordance with law;

(J) Locate and conduct surveillance against foreign nationals in violation of
immigration laws, rules and regulations;

(k)_ Provide actionable operational, tactical and strategic intelligence to the
Operating units;


(I) Conduct case build up, analysis and other in-depth research, as well as
provide analytical reports on foreign nationals who violate or are in violation of
immigration laws, rules and regulations;

(m) Coordinate with other local and international law enforcement agencies in the
gathering of intelligence information related to immigration law violations;

(n) Conduct counter-intelligence operations;

(9) Enforce lawful orders relating to the exclusion, deportation and repatriation of
aliens;

{p) Take charge of the physical detention of aliens pending their exclusion,
leportation or repatriation;

(q) Attend to the deportation of aliens;

(rf) Monitor all arriving and departing suspected terrorists, drug couriers or
members of crime syndicates;

(s}_ Assist and escort deportees, excluded passengers and transiting restricted
passengers until finally boarded;

(8), dnvestigate and escort from ports of entry intercepted passengers who are
found In possession of spurious travel documents;

(uy) Implement Warrants of Deportation and Mission Orders involving foreign
nationals who violate or are in violation of immigration iaws, rules and
regulations; and

(v)_ Perform such other functions as may be assigned by the Commissioner from
time to time,

Qualified Immigration Officers, Immigration Inspectors and Immigration Agents
with the requisite aging. and experience may be assigned to the Intelligence,
Law Enforcement, Alien Registration, Immigration Regulation, and Operations
Divisions depending on the exigencies of the Bureau, The Board may, in the
exigencies of service, designate certain duties and responsibilities listed in this
ion to other officers and employees In the Intelligence or Law Enforcement
Divisions in an acting capacity: Provided, That such designation shail not exceed a
period of one (1) year.

SEC. 40. Deployment of Immigration Personnel Abroad. - Within ninety (90)
days from the effectivity of this Act, the DFA and the Bureau shall muigate
the implementing rules and regulations on the assignment and deployment of
Immigration Officers to select consular posts abroad who shail, subject to the
pertinent provisions of Republic Act No. 7157 or the “Philippine Foreign Service
Act of 1991", perform Immigration duties, except diplomatic and consular functions.

CHAPTER 9
CAREER DEVELOPMENT PATTERN
SEC. 41. Career Development. - The Bureau shall:

(a) Establish and strengthen the polippine Immigration Academy which shall be
under the control and supervision of the Commissioner;

(b) Create a continuing program to enhance the knowledge, skills and
competence of all personnel through a career advancement training and
education prior to their promotion; and

(c) Formulate training requirements to implement the provisions in this Title.

CHAPTER 10
OTHER OFFICES
SEC. 42. Changes in the Composition, Distribution and Assignment of
Regional, District and Field Offices. — THe Commissioner may Aseament. in

the composition, distribution and assignment of regional, district and field offices as


well 25 its personnel, based. on the demographics of foreign nationals and as the
exigency of the service requires, subject to clvil service rules and regulations.

SEC. 43. Border Control Checkpoints. ~ In addition to international airports ané
international seaports, there shall be established Border Control Checkpoints
which shall be manned by Immigration Officers appointed as Border Control Officers
by the Commissioner. The Border Control Checkpoints shall be placed in specific
areas in the Philippines which shall be determined by the Board. Border Control
Officers shall perform the following duties:

(a) Conduct immigration formalities to foreign nationals passing through their
areas of responsibility;

(b) Enforce immigration laws, rules and regulations;

(c)_ Coordinate with other law enforcement agencies in the enforcement of
immigration laws, rules, and regulations;

(d) Apprehend and take into custody illegal entrants; and
(e) Perform such other functions as may be directed by the Commissioner.

TITLE IIT
IMMIGRATION

CHAPTER 1
NON-IMMIGRANTS

SEC, 44. Categories of Non-immigrants and Types of Visa Issued. -
Foreign nationals departing from any place outside the Philippines who are

nd who qualify under any one of the following categories may
‘immigrants:

be admitted as nor
{a) Temporary visitors (A Visas): Visitors coming to the Philippines for a
ie

temporary period for reasons of business, pleasure or health:

(1) Business (A-1 Visa): Temporary visitors engaged in activities of a
commercial or professional nature for a foreign employer or for themselves
that will not result in gainful employment in the Philippines.

As used herein, the term “business” refers to conventions, conferences,
consultations and other legitimate activities of a commercial or a
Professional nature, but does not include local employment or labor for hire;

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

3) Health (A-3 Visa): Temporary visitors who stay in the Philippines to
POO Le co tromtsnents cea "

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

(c) Crewmembers (C Visa): Persons required for the normal operation and
Servicing of vessels that come to the Phi ippines ‘on a temporary basis, either
arriving with a vessel or intending to depart the Philippines on the same vessel
or any other vessel;

(@) Treaty Traders (D-1 Visa) and Treaty Investors (D-2 Visa): Citizens. of a
Country that has a trade treaty with the Philippines, including their family
members, and who come to work in the Philippines for either a cpeineny ie 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 from a country that has an investor treaty with the Philippines, including
their family members, and who come 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, which business is supported by a substantial investment from nationals of
their home country, shall be granted a D-2 visa;

(9) Accredited Foreign Government Officials, Their Families and Household
jember (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, in accordance
with the following categories:

(1), Persons eligible for E-1 Visa: The E-1 Visa shall be issued to the
‘ollowing classes of foreign nationals:

i. Heads of State and Heads of Government and their personal
representatives;

i, Members of reigning royal families from countries recognized by the
Philippine Government;
i Governors-General, Governors, and High Commissioners of
dependent territories and their personal representatives;

iv. Cabinet ministers and their deputies, and officials with cabinet rank
of ministers;

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

vi Diplomats and career consular officials on foreign assignment in the
Philippines;

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

x Accompanying spouses and unmarried dependents of foreign
nationals within the abovementioned categories;

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

OF 2 foreign government’ recognized by the Philippines and who Is 2

national of the country whose government he represents, and is

proceeding to the Philippines on a long-term basis in connection with official
usiness for such foreign official’s government,

This category includes, inter alia, the following classes of foreign nationals:

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

li, Officials participating in programs under the auspices of the
Philippine oemment’ or recognized international institutions; and

ji. Accompanying spouses and unmarried dependents of foreign
nationals within the abovementioned categories;

(3)_ Persons eligible for E-3 Visa: The E-3 visa shall be issued to an official
ofa Prag government recognized by the Philippines, is a national of the
country whose government he represents, and is proceeding to the Philippines
on a short-term basis in connection with official business for such foreign
official's 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;

ii, Members of delegations Proceeding to or from an international
conference of a diplomatic or official nature; and

v. Such other officials going to the Philippines on diplomatic or
official missions;


and

) Persons eligible for E-4 Visa: The E-4 Visa shall be issued to the
e ivate employees and household members of persons to whom E-1 and
"2 visas have been granted, as well as their immediate dependents.

All visas in Section 44(e) of this Act shall be exclusively issued and renewed by
the DFA, which shall also determine the of E-Visa of Foreign Government
Officials not identified in the foregoing fists. The grant of immunities and privileges
shail be viet to applicable domestic and international law and international
agreements to which Philippines is a party, as well as in consideration of
the principle of reciprocity;

N,, Students (F Visa): Foreign students having means sufficient for their support

and education In the Philippines who seek to enter the Philippines temporarily for

the sole purpose of taking up @ course of study higher than high school at a

university, seminary, lemy or college accredited to admit such foreign

students ‘by the Commission on Higher Education (CHED) in coordination with the
jureau;

(9) Prearranged Employment (G Visa): Foreign nationals coming to the
iippines | on prearranged. employment, including their family “members
accompanying or following to join them within the period of their employment. This
eegory 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
Feligious ministers, including members of their family, coming to the Philippines to
Join 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;

Representatives of Accredited International Organizations and Government
encies (I Visa): Foreign officials and staff of accredited international
organizations, including their dependent family members, staff, and household
members shall be granted I Visas in accordance with the following categories:

1] Persons eligible for I-1 Visa: The I-1 Visa shall be issued to the principal
Officials of accredited international organizations, as well as their
accompanying spouses and dependents;

(2) Persons pei ped for I-2 Visa: The I-2 visa shall be issued to the other
officials and staff of accredited international organizations, as well as their
accompanying spouses and dependents;

(3), Persons eligible for I-3 Vi; The I-3 visa shall be issued to officials
and staff of international organizations who will perform short-term official
work with the international organization upon its invitation; and

(4) Persons eligible for I-4 Visa: The I-4 Visa shall be issued to the private
employees and household members of persons to whom I-1 and I-2 visas
have been grented, as weil as their immediate dependents.

Accredited international organization includes any public _ international
organization pra haee in activities of which the Philippines participates pursuant to
any treaty or under the authority of any act of the Congress of the Philippines
authorizing such participation or making an Ga tical for such participation
and such other international organizations, institutions, agencies, programs,
foundations and entities which are recognized by the government of the Republic
of the Philippines, including those existing and already recognized as such at the
time of the effectivity of this Act.

All types of visas under Section 44(i) of this Act shall be exclusively issued and
renewed by the DFA, which shall also determine the type of I Visa of officials and
staff of international ‘organizations that are not identified in the foregoing list. The
rant of immunities and eo shall be subject to applicable domestic and
international law, relevant Headquarters Agreements, and __ international
agreements to which the Philippines is a party;

(3) Media Workers (J Visa): Foreign media personnel or correspondents, duly
accredited by the government agency concerned, who are bona fide representatives



of 2 foreign pes, radio, satellite, television, film, or other information media,
and are coming to the Philippines solely to engage in gathering information
principally for dissemination abroad, cor their family members
accompanying them or subsequently joining 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;

(1) Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined in
this _Act and in the 1951 Convention Relating to the Status Refugees and its
1967 Protocol shall be issued L-1 Visas. Stateless persons as described in this Act
shall be issued L-2 Visas. The President or the Secretary of Justice, for
humanitarian reasons not inimical to public Interest, shall have the exclusive
authority to admit refugees and stateless persons in such classes of cases and
under such conditions as they may prescribe. The President or the Secretary of
Justice shall likewise have the exclusive authority to cancel, revoke, or cease the
refugee or stateless status of an individual;

(m) Brcging Visa (M bg A temporary visa which allows @ foreign national to
Stay in the Philippines after the expiration of the current visa, other than
penperey visitor visa under Section 44(a), and while an application for adjustment
of status Is being processed;

(n) Startup Visa (N visa): Visa issued by the DFA pursuant to Sec. 13, Chapter 3

of Republic Act No, 11337, otherwise known as the “Innovative Startup Act”
which includes the Startup Owner Visa (Nel Visa), Startup Employee Visa (N-2
Visa) and Startup Investor Visa (N-3 Visa); and

{0) Special Non-Immigrant Visa (O Visas): Such other foreign nationals
Including their family members who may be admitted as non-immigrants under
special faws, or foreign nationals not otherwise described in this who are
coming for temporary periods only, and whose admission is authorized by the
Board’ or the President in the Interest of the public or for humanitarian
considerations and under such conditions as they may prescribe. All other agencies
and offices other than the DFA authorized to issue visas in accordance with
existing laws shall be subject to reportorial requirements as prescribed by the Board.
The Board shall likewise prescribe penaities for violations thereof.

CHAPTER 2
IMMIGRANTS

SEC. 45. Quota Immigrants. - Subject to the conditions set forth in this Act,
there may be admitted into the Philippines, based upon immigration reciprocity
and upon allotment by the Commissioner, “quota immigrants”, not to exceed two
hundred (200) of any one nationality for any one calendar year. The following
order of preference shall be observed in the allotment of quota immigrants:

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

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

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

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

SEC. 46. 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 of each year: Provi at if the fifty percent
50%) allotment for the first preference by bt) nationality is not utilized, the

lance thereof shall be given to the second, third, and fourth preferences for



the same nationality in accordance with Section 45 of this Act. Any unused quota
allotment for a calendar year shall not be carried over and utilized for the ensuing
calendar year.

SEC. 47. Basis in Determination of ta Allotment. - The numerical
limitation imposed by Section 45 of this Act shall be on the country of which
the immigrant is @ national or a citizen. For purposes of the quota allocation
the nationality of immigrants possessing dual citizenship may be that of either of
the two 2} ‘countries regarding them as a national or citizen if they apply for a
visa in a third country. If such immigrants apply for a visa within one of the
two (2) countries regarding them as a national or citizen, their nationality shall be
that or the country in which they filed their application for a visa to enter the
ilippines.

SEC. 48. Non-Quota Immigrants. - The following immigrants, known as
“non-quota immigrants", may be admitted without regard to numerical limitation
and immigration reciprocity:

(2) The spouse of a Philippine citizen: Provided, That abandonment by the foreign
spouse, the failure to give support by the foreign spouse to the Fillpino spouse
and family, and the 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;

{2 A child born to a mother during her temporary visit abroad, the mother cen a
foreign national and 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 fhe child;

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

{2),A foreign national who had been previously lawfully admitted into the
hilippines for permanent residence who is returning from @ temporary visit abroad
to an unrelinquished residence in the Philippines;

(f) A naturai-born citizen who becomes a naturalized citizen of a foreign country
and is returning to the Philippines for permanent residence therein, including
the spouse and minor children accompanying or following to join such person; and

(9) 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
years.

CHAPTER 3
NATIVE-BORN FOREIGN NATIONAL

SEC. 49. Status of Children Born to Immigrants. - A child born in the
Philippines to parents who are foreign nationals and lawful residents of the
Philippines shall be deemed a native-born permanent resident.

SEC. 50. 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 period
of authorized stay of the parents, unless the child reaches the age of eighteen (18)
years while continuously residing in the Prepeines; in which case such child may
apply for naturalization under existing laws or for an appropriate visa.

CHAPTER 4
ADJUSTMENT OF STATUS

SEC. 51. 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 foreign national lawfully admitted as a
permanent resident if:

(a) the foreign national makes an application for such adjustment;

(b) the foreign national is eligible to receive a quota or non-quota immigrant visa
and is admissible to the Philippines as a permanent resident; and

{€) ,a,guota, immigrant visa is immediately available to the foreign national at the
time of application, without the need of first departing from the Philippines. In all
such cases, the personal appearance of the foreign national shall be required during
the consideration of the application.

SEC. 52. Effect of Approval on Application for Adjustment. - Upon the

approval of an application for Salistment of status under the prec sectior

the Commissioner shall record the foreign national’s lawful admission as a

permanent resident as of the date of the approval of the application and shall be

included as part of the quota for the calendar year in accordance with Section 45 of
is Act.

in,

SEC, 53. Adjustment of Status, When Not Allowed. ~ Adjustment of status
under this Act shall not be applicable to:

(a) _@ foreign national 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. 54. Loss of Status. - A registered foreign ageagioes tog g a@ temporary
visitor, who fails to return to the Philippines within a period of one (1) year
from departure shall lose the status granted under this Act. Such foreign national
miey, apply for an extension of the period within which to return prior to its expiration
and pay oe prescribed fees and charges in order to maintain the status or type of
visa granted.

CHAPTER 5
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS

SEC, 55. Documentary Requirements of Non-immigrants. ~ Non-immigrants
ust 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
valid visa granted by the Consular Officer, if required, and such other relevant
documents as may be required under éxisting laws, rules, regulations, or
multilateral or bilateral agreements.

SEC, 56. Conditions and Period of Authorized Stay of Temporary Visitors.
~ The initial period of authorized ray of a foreign national admitted as_a
temporary visitor under Section 44(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, such foreign national: (a) shall not take any employment, whether paid or
unpaid; (b) shall not establish or join in any business; and (c) ‘shall not enroll or
become a Student at a school, college, peta academy, or other educational
institution, unless granted, upon proper appilcation, a conversion to another
immigration status provided under this Act.

SEC. 57. Conditions for Issuance of Pre-Arranged Employment Visas. -
A foreign national who is seeking admission Into the Philippines for a pre-
arranged emy foyer shall not be issued a non-immigrant visa referred to in
Section 44(g) 0 this Act until the Consular Officer shall have received authorization
for the issuance of the same. Such authorization shall be given only upon the filing
of B petition with the Board establishing, among others, that no person can be
found in the Philippines willing and competent fo perform the work or service for
which the foreign national 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 OFA.

SEC. 58. Submission of Crew List and Passenger Manifest. ~ Simultaneous
to the vessel's departure from the port of origin, the master, captain, agent, owner
or consignee of any commercial vessel arriving in the Philippines shall submit
to the Bureau, within a reasonable time prior to such arrival, the crew a
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 Phili pines shall submit
to the Bureau, within a reasonable time prior to such departure, the crew list,
passenger manifest and such other information concerning the persons departing
on such vessel. The crew list of an incoming sea craft shall contain the appropriate
visa granted by the Consular Officer.

SEC. 59. Inspection of Crewmembers. ~ It shall be the duty of the master,
captain, agent, owner or consignee of any vessel arriving in the Philippines to
have available’ on board, for inspection by Immigration Officers, any foreign
crewmember employed on such vessel and, when required by the immigration
authorities, to detain such crewmember on board after inspection or to remove
Such crewmember. No crewmember on board such vessel shall be discharged
while the vessel is in port without the permission of the Commissioner.

SEC. 60. Permission for Temporary Landing of a Foreign Crewmember. -
A foreign crewmember on a vessel arriving in the Philippines may be permitted to
land temporarily. under such conditions as may be prescribed by the
Commissioner. All expenses incurred by the Bureau while the crewmember is on
land shall be borne by the master, captain, agent, owner or consignee of the carrying
ve

CHAPTER 6
DOCUMENTATION AND ADMISSION OF IMMIGRANTS

SEC. 61. Documentary, Requirements of Immigrants; Instances When
Not Required. — Immigrants must present for admission into the Philippines
valid passports or travel documents issued by the government of the country to
which they owe allegiance, showing their nationality and identity and valid
immigrant’ visas indicating’ the date of issue and the period of validity thereof.
Immigrant visas shail not be required of the following:

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

(b) A child born during the temporary visit abroad of the mother who is a lawful
Permanent resident of the Philippines and a holder of a valid re-entry permit, if the
child is accompanied by either parent within five (5) years from the date ‘of the
child's birth; an

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

‘CHAPTER 7
VISA ISSUANCE

SEC. 62. Nature of Visa. - Nothing in this Act shali 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, such
foreign national is found to be inadmissible under this Act or any other law.

SEC. 63. Visa Policy. - The policies governing the issuance, extension, renewal
and conversion of visas referred to in this Act shall be formulated by the Bureau
and the DFA when appropriate, in consultation with concerned government
agencies and offices.


SEC. 64. Visa Issuance Abroad. - A\| visa issuances abroad shall be done by
Consular Officers assigned at Philippine Foreign Service posts in the following
manner:

(2), upon approval by the Commissioner and recommendation by 2 Consular
icer, @ quota immigrant visa may only be issued to a foreign national who has
made a proper application therefor, which shall specify the nationality to which the
quota number is assigned, the immigrant’s particular status in such country, the
preference to which the foreign national is classified, the date on which the validity
of he visa shall expire, and such additional information as may be required;
an

{b) The DFA, through its Consular Offices abroad or the Office of the Visa
irector, shall approve the issuance of non-quota immigrant and non-immigrant
visas to 2 foreign national who has made & 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. 65. rements for Physical and Mental Examination Prior to
Issuance of 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. 66. Visa Validity Period. — A single-entry non-immigrant, or. immigrant
yisa issued by a Consular Officer abroad pursuant to Section 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
aliow 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 if the concerned foreign
national establishes to the satisfaction of the Consular Officer that the original
immigrant visa was not used during the period of its validity for reasons beyond
the visa holder's control: Provided, That the foreign national is found by the
ister Officer to be eligible for another immigrant visa and has paid all the
required fees.

SEC. 67. Denial of Visa; Grounds, - The Consular Officer may deny the

application for visa if it appears from the statements in the application or in

the documents submitted that the applicant is not eligible for a visa under this Act,

or if fhe ‘applicant fails to comply with the requirements of any of the provisions of
is Act.

SEC. 68, Revocation of Visa Issued by Consular Officer. - The

Commissioner may, for valid cause and upon confirmation by the DFA, revoke 2

visa issued by any Consular Officer, If the notice of revocation is not received and

the visa holder applies for admission into the Philippines, the admission or entry of

the foreign national shall be determined by the Immigration Officer pursuant to Title
of iS .

CHAPTER 8
RE-ENTRY AND EMIGRATION CLEARANCE

SEC. 69. Re-entry. - In all instances when a registered foreign national, except
a temporary visitor, departs or is about to depart temporarily from the Pritippines
with the intention to return within one (1) year from departure, the foreign national
must secure a re-entry permit or, if the authorized stay is less than one (1) year,
@ Special Return Certificate, and pay the corresponding fees and charges therefor.

SEC. 70. Emigration Clearance. - A registered foreign, national who departs
permanently from the Philippines shall surrender alf Philippine immigration
documents and appl 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 upon to
testify as a witness,

A temporary visitor departing from the Philippines shall, after the expiration of the
Initial authorized stay, apply for emigration clearance and pay the prescribed fees
and charges therefor.

CHAPTER 9
PRESIDENTIAL PREROGATIVES

SEC. 71. Presidential Prerogatives. - Any provision of this Act to the
contrary notwithstanding, the President may:

(a) Deny the entry and admission into the Philippines of, or impose such
restrictions as may deemed appropriate on, any foreign national or a class of
foreign nationals, whenever the President finds that such entry would be
detrimental to the interest of the Philippines;

(b) Waive passport or documentary requirements for non-immigrants and
immigrants under such terms and conditions as may be prescribed;

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

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

‘@) Admit non-immigrants not otherwise provided for in this Act for
umanitarien considerations and when not detrimental to public interest, under
such terms and conditions as may be prescribed; and

(f)_ Exercise, with respect to foreign nationals in the Philippines, such powers as are
Fecognized by the generally accepted principles of international law.

TITLE Iv
PROVISIONS RELATING TO ENTRY

CHAPTER 1
CLASSIFICATION OF PORTS OF ENTRY

SEC. 72. Authority to Classify Ports. ~ The Commissioner shall classify and
designate, from among the ports of entry established by law for immigration
pape limited or unlimited ports of entry through which foreign nationals may

e admitted into the Philippines. Only such Classes of foreign nationals as provided
under the rules and aT ons prescribed by the Commissioner may be admitted
at limited ports of en ae 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. 73. Inspection by Immigration Personnel. - A foreign national
seeking admission or readmission shall present a valid Passport and visa, if required,
to the Immigration Officer at the port of entry and shall be subject to primary
inspection. decision of the examining Immigration Officer, if favorable to the
admission of any foreign national, may be challenged by another Immigration

ificer on any ground provided ‘in this Act. The final determination on the
admissibility of such foreign national shall be determined by the Commissioner
within uni ae 3 (48) hours in case no resolution is reached between the
Immigration icers 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. 74. Detention or Quarantine for Examination, - For the pu fe of
determining whether a foreign national ering 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 as set forth under
Section 84(a) of this Act or whenever the Commissioner has received information
showing that foreign nationals are coming from a country or a piace where any of
such diseases are prevalent or widespread, the foreign national shall be detained
or quarantined for a reasonable period of time to enable the immigration and
medical officers to subject such person to observation and examination,

SEC. 75. Medical Examination Requirement. ~ Any arriving foreign national
whom the examining Immigration Officer believes to belong under the class of
excludable foreign nationals specified in Section 84(a) of this Act shall be referred
to designated medical officers for physical and mental examination. Such medical
officer shall certify the findings of the examination for the information of the
Immigration Officer.

SEC. 76. Arrival Notice Requirements of Vessel. - The immigration
authorities shail be given prior notice of the arrival of any civilian vessel before
such vessel comes into any area in the Philippines from any place outside thereof.
Such prior notice shall not be required in the case of vessels with scheduled
arrivals filed with the Immigration Officer in charge at the international port of entry.

If, upon arrival in any area other than the designated port and there is no
available Immigration Officer therein, the master, pilot, captain, agent or
consignee shall not allow the passengers and crew members to disembark or leave
the primary inspection area until the Immigration Officer shall have conducted
the primary inspection formalities.

CHAPTER 3
FOREIGN CREWMEMBER

SEC. 77. Conditional Permit to Disembark. — A foreign crewmember of a
vessel under Section 44(c) of this Act may be granted a conditional permit, in a
form prescribed by regulations, to disembark temporarily from the vessel on
which such crewmember arrived while the vessel remains in port under such terms
and conditions as may be prescribed by the Commissioner.

SEC. 78. Confiscation and Cancellation of Permit; Deportation from the
Phili .~ 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 Commissioner 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 foreign national arrived
to recelve and detain the foreign national 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. 79. Liability for Overstaying Foreign Crewmen. - A foreign
crewmember who remains in the Philippines in excess of the period allowed in
the conditional permit issued shall be solidarily liable with the owner, operator,
captain, master, pilot, agent or consignee of t vessel for the payment of the
penalties prescribed in Section 127 of this Act.

SEC, 80. 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 alien ‘employed
as a crewmember on a vessel arriving in the Philippines 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 such
fines as may be prescribed under this Act. No vessel shall be granted clearance
from ory, port in the Philippines while such fines remain unpaid or while the
validity if 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. 81. 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 ail
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. 82. Requirement for Submission of List of Newly Employed,
Dis. and Illegally Landed Foreign Crewmembers. - 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 who have been discharged, if any;
(c), The names of those who have deserted or illegally landed at that port, if any;
an

(d) Such other additional information as the Commissioner deems necessary.

SEC. 83. Liability for Failure to Submit Complete, True and Correct
Re ~ The owner, operator, captain, master, pilot, agent, or consignee who
fails to submit a true and complete list or report of foreign nationals or to report
cases of desertion or illegal landing shall pay such sum as may be prescribed under
Chapter 6, Title VI of this Act. No vessel shall be granted clearance to depart from
any port in the Philippines while such fines remain unpaid or while the yoldiy
thereof is being determined: Provided, That clearance may be granted prior to si
determination upon by tot of @ sum or cash bond sufficient to cover such fines
as approved by the Commissioner.

CHAPTER 4
EXCLUSIONS

SEC, 84. Exclusion Grounds. - The following classes of foreign nationals shell
not = allowed entry and shall be excluded from the Philippines on the following
grounds:

(2) Health Related Matters

(1) Those who are found to be suffering from a communicable, dangerous or
oe ious disease, unless excepted under existing laws, rules and
regulations;

(2) Those who are found to be suffering from mental disorder or mental
ee Senin behavior that may pose a threat to persons or danger
'0 property;

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

(b) Economic Concerns
(1) Those likely to become a public charge;
(2). Those seeking entry for the purpase of performing skilled or unskilled
labor, without a permit from the Secretary of the Department of Labor and
Employment as required by law;

(c) Moral Issues

(1) Those coming to the Philippines to practice polygamy or who advocate
R practice of polygamy unless the person's religioreallows such practices;

2) Those who are Veer gusto sexual perverts or those coming to the
ilippines 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;


is) Those who, at the time of pay inspection by the Immigration
cer, exhibit any contemptuous or disrespectful behavior towards the
said officer or any government official or employee of the Bureau;

(d) Criminal! and Security Considerations

(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 —_= or a foreign
country relating to a controlled, regulated or | tee substance, or who
admit having attempted or conspired to commit the crime;

(3) Those that the eee Government knows or has reason to believe
are or have been (i) traffickers of any controlled, regulated or rohibited
substance, or (ii) accomplices, accessories, abettors, or co-conspirators 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) espionage or sabotage, or a violation or evasion of 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 Corgi the purpose of which is to overthrow the Philippine
government by force, violence, or other unlawful means; and

(d) any other unlawful activity;

(6) Those who are engaged or believed to be engaged or likely to en:
fe) Sepse eee Soe “qpesed any terrorist activity and members” or
representatives of a foreign terrorist organization;

(2) Those who have been identified by competent authorities, local or
by a 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
hot coming to join a parent, except that they may be admitted at the
discretion of the Commissioner, if otherwise admissible: Provided, That they
poset @ written consent to travel from either parent citing the purpose
‘hereof and affirmed by a Consular Officer; and

{9),, Those who have been identified by competent authorities, local and
reign, as having engaged or are engaging in importation of
contradands and other prohibited articles into the country.

SEC. 85. Tempor: Custody of Excludable Foreign Nationals, ~ For the
Birpose of ascertaining whether a foreign national arriving in the Piles belongs
0 any of the excludable classes of foreign national Provided in this 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. 86. Finality of Exclusion Order. ~ An order by the Immigration Officer to
exclude a foreign national who is excludable under this Act is final and executory
unless revoke by the Commissioner upon a timely appeal prior to the
implementation of the exclusion order.

SEC. 87. Auth to Waive Grounds for Exclusion. - Except for grounds
of exclusion under Section 84(d), subparagraphs 1 to 7 and 9, the Commissioner
may waive any of the grounds for exclusion mentioned in Section 84 of this Act.

SEC. 88. Procedure of Removal and Cost Thereof. - Foreign nationals
arriving in the Philippines who are ordered excluded shall bi mediately removed
to the country where they boarded the vessel on which the) arrived, in
accommodations of the same class, unless the Commissioner determines that



immediate removal is not proper and practicable pursuant to applicable Conventions,
laws, rules and regulations, in which case such excluded foreign nationals shall be
ordered detained. The cost of removal, detention and other expenses incidental
thereto shall be borne by the owner, operator, master, pilot, captain, agent, or
consignee of the vesse! on which such foreign nationals arrived.

SEC. 89. Country Where Removal is to be Directed. - If the government of
the country designated in the preceding section will not accept the eal national
into its territory, the removal of the foreign national shall be directed, at
the Commissioner's discretion to any of the following:
(a) The country of which the excluded foreign national is a citizen or national;
(b) The country of birth;

{c) The country of the foreign national's habitual residence; or

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

SEC. 90. Obligation of Owner, rator, Master, Captain, Pilot, Agent or
Consignee. — It shal be uniawtul for af Oneincene master, ‘captain,
pilot, agent, or consignee of a vessel to refuse or fail to:

{a) Board a foreign national ordered excluded and removed in the same
vessel or another vessel owned or operated by the same company;

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

(c) Deliver a foreign national for medical or other examinations when so
ordered by an Immigration Officer;

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

(e)_ Pay the cost of detention and such other costs and expenses necessary or
incidental to the removal of the excluded foreign national as provided in this Act.

SEC. 91. Penalty for Non-compliance of Obligation. - The owner, operator,
master, captain, pilot, agent, or consignee of a vessel who violates Section 90 of
this Act shall pay the fines prescribed in Chapter 6, Title VI of this Act. No vessel
shall be granted clearance from ay: Port in the tl ngs while such fines remain
unpaid or while the validity thereof is being determined: Provided, That clearance
may be granted prior to such determination upon deposit of a sum or cash bond
sufficient to cover such fines as approved by the Commissioner.

TITLE V
DEPORTATION

CHAPTER 1
DEPORTABLE FOREIGN NATIONALS

SEC. 92. Classes of Deportable Foreign Nationals, - The following foreign
nationals shall be taken into custody upon the order of the Commissioner and
deported upon recommendation by the BSI and approval by the Board:
i) Those who entered the Philippines: (1) by means of misrepresentations or

ise or misleading statements or documents, or (2) without inspection and
admission by the immigration authorities;
{b) Those who were not lawfully admissible at the time of entry;

(c)_ Those who abet or aid in the practice of prostitution, including the owner or
manager of a prostitution den, or who are pedophiles;

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


(e) Those who remain in the pulipenes in violation of any period of limitation or
Condition under which they were admitted;

(f) Those who believe in, advise, advocate, teach, or otherwise engage in any
activity the purpose of which is the opposition to, or the control or overthrow of, the
Government of the Republic of the Philippines or any of its duly constituted authority
by force, violence, or other unlawful means, or 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, or those who advise, advocate or
teach the unlawful destruction of property, or those who are members of or
affiliated with any organization entertaining, advacating or teaching such
doctrines, or those who in any manner whatsoever extend assistance, financial
or otherwise, in the dissemination of such doctrines;

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
rime involving moral turpitude punishable under Philippine penal laws;

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

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

10} Those who are found to be undesirable and whose further stay in the
ilippines is inimical to public welfare and interest, or the dignity of 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, Sess, obtain, accept or receive, or provide any forged,
counterfeit, alt ‘or falsely made document; or use, attempt to use, provide,
attempt to provide, a t 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 Bureau;

(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;

(©) Those who misrepresented themselves as Filipino citizens in all immigration
matters; and,

(p) Those who commit any violation of the provisions of this Act, independent of
any criminal action which may be brought against them: Provided, ‘That in 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.

CHAPTER 2
DEPORTATION PROCEEDINGS

SEC. 93. Nature of Deportation wroceadings: - Deportation proceedings
shail be independent of any action that may instituted against a foreign
national: Provided, That no deportation order shall be issued against foreign
Pein facing preliminary investigation, prosecution and trial before competent
authorities.

SEC. 94, Non-Prescription of Deportation Cases. - The right of the State to
initiate deportation proceedings shall not prescribe.

SEC. 95, Formal Charge of tation. — A formal charge for deportation shail
be issued upon determination of the existence of a prima facie case against the
foreign national.


SEC. 96. Bail. ~ Pending final determination of the foreign nationals
deportation case, the foreign national shall, upon the discretion of the
Commissioner, remain under detention or be released on bail or recognizance.
The bail may be revoked and confiscated in favor of the government if there is
sufficient evidence that the foreign national is evading the proceedings or is
ppt bal to abscond, in which case such foreign national shall be taken into
custody and placed under detention by order of the Commissioner.

SEC. 97. Custody of a Foreign National Convicted of a Felony or an
Offense. - After service of the sentence or compliance with the conditions of parole
or probation, as the case may be, the foreign national shall be taken into custody
for immediate deportation by order of the Board.

SEC. 98. Voluntary Deportation, When Authorized. ~ The Commissioner
may waive the deportation proceedings and order the departure of the foreign
Rational within the period specified in the voluntary deportation order if the
foreign national does not contest the formal charge and opts to voluntarily leave
the country and pays for ali expenses: Provided, That the foreign national has not
committed any criminal offense or has no. pending criminal _ investigation:
Provided, further, That the said foreign national so deported shall be barred from
re-entering the country without prior written authorization from the Commissioner.

SEC. 99. Period to Enforce Order of Deportation. ~ The order of deportation
shall be enforced immediately but in no case shall exceed three (3) months from
the date it has become final and executory. If deportation is not enforced within
the prescribed period, the foreign national may be released on bail or recognizance.

SEC. 100. Suspension of pg tog toned Order. - The Commissioner may
suspend the implementation of the deportation order and order the release of
the foreign national on bail or recognizance, taking into account the following factors:

(a) Age, health, family or conduct;
(b) Period of detention;

(c) Impact on national security and public welfare;

(a) Unavailability of travel documents;

(e) Existence of an application for refugee or statelessness status; or
(f) Other humanitarian considerations.

SEC. 101. Reinstatement of a Deportation Order, - A deportation order
previously implemented against a foreign national who unlawfully re-entered
the Philippines shali be deemed automatically reinstated and shall be
implemented in accordance with this Act. This provision shail aiso apply toa
foreign national who departed voluntarily under Section 98 of this Act and re-
aoe ne Philippines unlawfully or without prior written authorization from the
‘ommissioner.

SEC, 102. Country of Destination of a Deportee. - Except as provided for
under an existing treaty or international agreement, a foreign national shall be
deported to the Feel eal of which the person is a citizen or national, or foreign
national's country of birth, or the country of which the individual is a resident, or
the country from which the individual embarked for the Philippines, subject to
the acceptance by the receiving country.

SEC. 103. Cost of Deportation. - The owner, operator, captain, master, pilot,
agent or consignee of a vessel shall bear the cost of deportation of any of its
foreign crewmembers deemed deportable under Section 92 of this Act. In all other
cases, the cost of deportation shall be borne either by the deportee, by the
concerned consular office, nongovernment organizations or people's organizations
with which the Bureau has an agreement on this matter, or shall be charged to
the appropriations for the implementation of this Act.

SEC. 104. Liability of Owner, Operator, Captain, Master, Pilot, Agent or
Consignes of a Vaseal. ~ railire or refusal on the part of the owner, qperator
captain, master, pilot, saent or consignee of a vessel to take on board, guard
safely and transport the deportee to the foreign national’s country of destination,
or to shoulder the cost of deportation of the foreign crew member as provided
in the preceding section, shal! be subject to the administrative fines prescnbed under
Chapter 6, Title VI of this Act.



SEC. 105. Designation 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 Bureau to accompany such deportee to the
Sunny, of the deportee’s destination, subject to the provisions of Section 103 of this

CHAPTER 3
INDIGENT FOREIGN NATIONAL

SEC. 106. Removal of Indigent Fe in National. ~ At any time after entry,
the Commissioner may remove indigent foreign nationals from the Philippines to
either the country of which they are citizens or nationals, their country of birth,
or their country of residence, as the case may be. The cost of deportation may
be charged against the available funds of the Bureau. Any foreign national
remoy under this section shail be barred re-admission except upon written
authorization of the Board.

This provision shall not apply to. foreign national declared as an indigent by any
Philippine court for purposes of filing a case or to pursue an action which resulted
in the individual's indigency until such case or action is resolved with finality:
Provided, That no other grounds for deportation exist during the pendency of such
case oF action.

TITLE VI
MISCELLANEOUS PROVISIONS

CHAPTER 1
REGISTRATION OF FOREIGN NATIONALS

SEC. 107. Requirement of Raglstration, ~ All foreign nationals, regardless of
any exemption provided by faw, shall register with the Bureau or an)
Immigration Office nearest to their place of residence on or before the sixtiet
(60°) day of their latest arrival in the Philippines.

SEC. 108. Registration Form and Oath. ~ Applications for registration shall
be under oath and in such form as prescribed by the Bureau. Upon registration,
a certificate of registration shall be issued to the registrant, In case of loss or
destruction of the certificate, a replacement certificate may be issued by the Bureau
upon proper application and’ payment of prescribed fees

SEC. 109, Amendment of Registration. — Registered foreign nationals shall
notify the ‘Bureau in writing of any change of information in’ their registration
documents not later than seven (7) days from such change.

SEC. 110. Presentation of Certificate of Registration. Every foreign
national required to register under this Act or the parent OF guardian of such
foreign national shall, upon demand by any el al ized the

ersonn: ori: by
Commissioner, present a certificate of registration of such individual, and failure
to do so without justifiable cause shall be dealt with in accordance with the
provisions of this Act.

SEC. 111. Reportorial Requirements. — Every foreign national registered
Under this “Act shall, within the first sixty (60) days of every calendar years report
in person to the Bureau. The Commissioner may exempt personal appearance of
foreign nationals registered, under this Act subject to, certain requirements and
conditions as may be prescribed in the rules and regulations issued for the purpose.

SEC. 112. Failure to Comply with Requirements. - A foreign national, or
the parent or guardian of the foreign national, who, without justifiable reason, fails
to comply with all the requirements under this Act, or who files an application
for registration containing statements known by the individual to be false, or who
utilizes registration documents other than that of the individual, shall be dealt
with in accordance with the provisions of this Act and other existing laws.

SEC. 113. Cancellation of Registration of Foreign National. - In case of
death of a foreign national regsmred under the provisions of this Act, the legal


heir, representative or administrator of the foreign national must inform the Bureau
within sixty (60) days from such death, and the Bureau shall cancel the registration
of the deceased foreign national. The Local Civil Registrar or other civil registry
officer of the locality where said foreign national died shall furnish the Bureau
with @ 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
fpecines in this section shall be dealt with pursuant to the provisions of existing
jaws.

CHAPTER 2
BONDS AND DEPOSITS

SEC. 114, Bonds, When Required, - The Bureau shall have the authority to
require cash bonds in such amounts and under such conditions as it may prescribe
In order to:

'4) control and regulate the admission into, and departure from, the Philippines of
reign nationals applying for temporary admission;

(b) insure against foreign passengers liable to be excluded as likely to become
public charges; and

(c) ensure the appearance of foreign nationals released from custody during the
Course of deportation proceedings instituted against them.

SEC. 115. Requirement of Cash Deposits for Services Rendered. ~ The
Bureau shall likewise have the authority to require cash deposits in such amounts
as may be necessary from a vessel's owner, operator, captain, master, pilot,
agent, or consignee or other persons served for services rendered as established
by the implementing rules and regulations.

SEC. 116. Cancellation and Forfeiture of Bonds. - When the conditions of
the bond are fulfilled, or in case the Commissioner determines that the likelihood
that a foreign national shall become a public charge no longer exists, or in case of
death of the foreign national in whose behalf the bond is posted, the bond shall
be cancelled and released to the depositor or the legal representative of the
foreign national. In case of violation of the conditions of the bond, the same
shall” be forfeited and deposited in a trust fund account which may be utilized for
the purchase of passage tickets for the removal of indigent foreign nationals and
to cover the costs of operations in locating deportees who jump bail.

CHAPTER 3
RECOGNIZANCE

SEC. 117. Petitions for Re jizance, Sanction for Breach of Conditions,
= The Commissioner may order the release of a foreign national upon recognizance
of the foreign national’s lawyer or a person who is of good standing in the
community, under such terms and conditions as the Board may prescribe. Failure
to comply with the terms and conditions of the recognizance shall subject said
lawyer or person to a fine of not less than Fifty thousand pesos (P50,000.00) but
net'more than One hundred thousand pesos (P100,000.00), without prejudice to
other administrative sanctions or proceedings against the erring party.

CHAPTER 4
COOPERATION AND COORDINATION WITH OTHER OFFICES

SEC. 118. Working in Cooperation with the DFA, — The Bureau shall work
closely and in cooperation with the DFA for purposes of efficient implementation
and administration of this Act.

SEC. 119. Working in Cooperation with the CHED. - The Bureau shall work

Sony and in cooperation with the CHED with respect to the accreditation of

peters “ and learning centers for enrollment of foreign students as authorized under
is Act.


SEC. nl Working in Cooperation with the Civil Aviation Authority of the
Phil CAAPS..~ The Bureau stall work closely and in cooperazon. with

P with respect to accreditation of ‘lying schools for the enrollment. oF
oss students.

SEC. 121. Coordination with Enforcement, Security and Other
Offices. - The Bureau shall ee: the authority to maintain coordination with
the National Security Council, the Philippine National Police (PNP), and other
law enforcement agencies of the government.

CHAPTER 5
FEES AND CHARGES

SEC. 122. Authority of the Board to Prescribe, Impose and Collect Fees
and Charges. — The Board is authorized to prescribe, Impose, and collect fees
and chargés for services rendered, pursuant to {re provisions of this Act

CHAPTER 6
ADMINISTRATIVE FINES

SEC. 123. Fine hind hi eon to Submit Crew List or Passenger Manifest, or
Failure to Account Every Passenger and Crew. - Any owner, operator,
master, captain, pilot, agent, 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

luce or account every crewmember or passenger whose name appears in said

or manifest shall be subject to fines of A hundred thousand pesos
(100, 000.00) and Fifty thousand pesos (P50,000.00) for each unaccounted
person, respectively.

SEC. gp oe Fine for Violation of Obligation on the Landing or Removal of
Foreign Nationals. - Any owner, operator, master, captain, ‘Pak agent,
or consignee of any vessel’ arriving at a port of the ‘philippines rom a place
outside thereof ag A a foreign national on board in violation of this Act shall be
fined not less than thousand Eco (?50,000,00) but not more than Two
hundred thousand pesos O° (#200; 000.00) for each act or violation consisting of:

(2) 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;

(b), Refusal or failure to detain a foreign national on board any such vessel at the
port of arrival when required by this Act or so ordered by an Immigration Officer;

(c) Refusal or failure to deliver a foreign national for medical or other
examinations when so ordered by an Immigration Personnel;

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

fe), Refusal. to receive such foreign national on board for removal from the
Tutippines if the foreign national is excluded, or to pay the cost of removal as
required under Sections 90 and 104 of this Act,

(f) Refusal or failure to take on board, guard cay and transport the deportee to
the foreign national's country of destination, or to shoulder the cost of
deportation of the foreign crew member; and

(2), Making any charge against, such foreign national, for the cost referred to

n (d) above, or for the cost of the removal of the foreign national from the
Philippines if’ the latter is excluded or taking any security from the foreign
national for the payment of any such costs.

SEC. 125. Fine for Bringing Undocumented Foreign National, png! Peto
National Afflicted with Communicable or Contagious ms
from Mental Disorder. —- The owner, operator, master, captain, Slot, seat
or onsanes of the vessel arriving at a port in the’ Philippines from @ 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 Cente kes disease or is suffering
from mental disorder, the fine shall_be not less than Two hundred thousand pesos
£200,000, 00} but not more than Three hundred thousand pesos (P300,000.00)
F each foreign nation:

SEC. 126. Fine for Bringing a Foreign National to Assist His III 1 Entry or
Misrepresenting a in National as a Member of the . — The
owner, operator, master, captain, pilot, agent, or consignee of the vessel arriving
at any port in the Philippines from a place outside thereof bringing on board a
foreign national bound for the Lida ld 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 poans (P100,000.00) but not more than Two hundred
thousand pesos (P200,000.00) for each foreign national.

SEC. 127. Fine for an Overstaying Crewmember. - Any foreign
crevimember who wilfully remains in the Philippines beyond the, period allowed
for temporary landing shall be fined not less than. Fifty thousand pesos
50,000.00) ‘but not more than One hundred thousand pesos (P100,000.00).

‘owner, operator, master, captain, pilat, agent, or consignee of the vessel shall
be solidarily liable for the fine’ Imposed on such overstaying crewmember.

SEC, 128. Fine for beprecreitt an Immigration Personnel. — Any form of
assault directed to any personnel of the Bureau Is an act of disrespect. In case
the assault is committed by a foreign national at the ports of entry and exit, such
foreign national shall be excluded or der as the case may be, and shall be
fined Two hundred thousand pesos (P200,000.00) without : prejudice fo the right of
the Bogrieved Immigration Personnel to file appropriate criminal, civil or
administrative cases against such person.

For purposes of this Act, an Immigration Officer shall be considered a person in
authority while in the performance of official duty.

SEC. 129. Fine for Violation of Other Provisions of this Act. - The owner,
operator, master, captain, pilot, agent, 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 Ragen Arter in this Chapter shall be fined not less than Fifty
thousand pesos (P50,000.00) but not more than Two hundred thousand pesos
(P200,000.00) for each violation.

CHAPTER 7
PENAL PROVISIONS

SEC, 130. Prohibited Acts and Penalties. - Any person who shall commit any
of the acts specified hereunder shall, upon conviction, suffer the nalty
of Imprisonment for not less than five (5} years but not more than ten (29 years,
Ora, fine of not less, than One hundred thousand pesos (100,000.00) but not
more than Five hundred thousand pesos (P500,000.00), or both imprisonment
and fine, at the discretion of the court:

(a) Impersonating another individual, or falsely appearing in the name of a
deceasec individual, or evading immigration laws by using an assumed or
ficitious name when applying for an immigration document;

(b) Issuing or otherwise delivering an immigration document or an immigration
accountable form to any person ‘not authorized by law to receive such
jocuments;

(c) Obtaining, manufacturing, printing, accepting or using any immigration or
travel document knowing it to be false, or using an immigration accountable
form that is not legally issued;

{d)_ Entering or leaving the Philippines without inspection and admission by the
immigration authorities, or obtaining entry into or departure clearance from the
Philippines through fraud, misrepresentation, or concealment of material facts;

(e) Misrepresenting oneself to be a citizen of the Philippines;

(f)Koowingly making any false statement under oath regarding any
immigration matter; or


(g)_ Bringing into, or landing in the Philippines, or concealing, harboring,
employing, or giving comfort to, any person not duly admitted by an
Immigration Personnel or not lawfully entitled to enter into or reside within the
Phitppines, ‘or attempting, conspiring with, or aiding another to commit any such
acts.

Where the offender of any act specified in paregrap! i }) Of this section is a
corporation, partnership or other juridical entity, tt nt, sy manager,
managing partner, or chief executive officer thereof il be held liable. Dismissal
of the employee by the Gmplover before or after apprehension shail not relieve
such employer from any liability arising from the offense: Provided, That if the
offender is the owner, operator, master, captain, pilot, agent, or consignee, or
other person in charge of the vessel that 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 Bureau. Where forfeiture
is justified under the particular circumstances of the case, the forfeiture of the
vessel in favor of the government in lieu of the fine shall be decreed.

Conviction by final judgment of any offense punishable under this Act or other
related laws shall ‘result in the automatic revocation or cancellation of any
immigration document issued to the offender, including that of the foreign
national’s spouse and unmarried children, if applicable.

SEC. 131. Penal for Aiding the Escape of Detained Foreign National. —
Any person who shall be found to have helped, assisted, sapped, caused or
ministered the escape, including harboring and concealing, of a foreign national
shail, upon conviction, be imprisoned for not less than five (5) years but not more
than ten (10) pal and a fine of not less than Two hundred thousand pesos
(P200,000.00): vided, That if the person liable is a foreign national, such person
shall be deported after'service of sentence: Provided, further, That any tools,
equipment, iemplements or vehicles used in the escape of a ‘detained foreign
national shall destroyed or forfeited in favor of the government.

SEC. 132. Penalty for Non-compliance of Subpoena. ~ Any person who, havin
been! duly’ served with a subpoena, fails to comply without valid. and. justifiable
reasons shall 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. 133. Imposition of Maximum Penal When licable. — A person
convicted under Republic Act No. 3019, as ped on otherwise known as the
“Anti-Graft and Corrupt Practices Act”, or other laws against corruption and bribery
in relation to any violation or circumvention of any provision of this Act shall suffer
the maximum penalty under the said Republic Act or other laws against corruption
and bribery, as the case may be,

CHAPTER &
UPGRADING OF POSITIONS, COMPENSATION AND BENEFITS
SEC, 134. Creation of New Positions, Reclassification of Existing
Positions and Upgrading of Salary Levels. — The following positions in the
Bureau are hereby created, and the existing positions reclassified or upgraded,
with the corresponding salary grade levels:

EXISTING POSITION RECLASSIFIED POSITIONS ‘SALARY GRADE
- NEWLY CREATED POSITION =
i ote FROM | TO
‘Commissioner = Commisianar il 20 20
Deputy Commissioner Deputy Commissioner cn) Fo]
z [__Birector internal Afais Senne %
“Ritorney v (Board of Specel Inguity) “Ritorney v, Board oF Special inquiry
‘Attorney W (Board of Special inquiry) “Atioeney iV, eed of Special Inquiry
‘Attorney ill (Board of Special inquiry) | Attorney i, Board of Special inquiry 1
oc a t Chie Taga Alias Offeer a
‘attorney FV (Legal Divison) ‘Attorney IV, Lega! Division : 2 23
‘Attorney i (Legal Division) - ‘Attorney i, Legal Division 2 2



Chief Administrative Officer
{Administrative Division)

Supervaing Administrative Offcer,
‘Administrative Otaision

‘Supervising Administrative Officer
istrative Division)
‘Chief immigration Officer

Supervising Administrative OFicer,

z

7

{Aten Registration Division)
(anges Ofer

Division

(Port Operations OWwision}

ite Division! _____teteligence Dv
a Ghiel immigration Law Enforcement Officer
‘Chief immigration Officer ‘Chief Immigration Operations Oficor

wu

Chief immigration Officer
| immigration Regulations Division)

Chief immigration Regulations Officer

e

Chief Maman Resource Management Officer a
{Chiet Personnel Speciast)
Supervising Human Resource Management 2
officer
Ghiet Administrative Officer ‘Grief Finance and Logistics Officer 5) 57)
| {Finance and Management Oivision)
‘Supervising Administrative Officer “Supenising Adminitrative Officer, Finance and Er 2
Fi ‘Management Divi Logistics Division
Planning Officer v ‘Chet Planning and Research Officer a ey
Plannang and Policy Dwasion}
z

ning OFices 1 (PPO)

Planning Officer {PPO)

Planning Officer (PPD)

Planning Officer (PPD)

Bianning and Research Officer!

Planning and Research Officer iV 2,
Planning and Research Officer lt 18
Pignnang and Research Officer It 1s

Information Technology Officer i

Chief Information and Comneranicatons

"Sera migration Gficer

Trumigration Officer 1
Inteligence Officer Hi

Trrigraton Officer
Intelligence Officor I
| Sec! ivestigator

Timimigration Officer |
Intelligence Officer]
i o

Immigration Officer

p Leaministrative offic —————|
‘Administrative Officer V
{Cashier

"Administrative Officer V
RO I)
“Adeninistrative Officer V
is Officer ti
“Admministratwo Officer
{Supply Officer tl)
‘Administrative Officer V
(Procurement)
‘Administrative Officer V
Management and Audit Analyst i

‘Administrative Officer V

18

‘Administrative Officer V
officer W)

orice Ti
emo Poyrar
‘Computer Management Technologist I

‘Medical Officer ii,

Fn

a

Information Technology Officer 1

Dentist

Dentist

fa

aD



(Fngerpan Bxamineriv E Fageiprint Bamana iV Bs

‘Accountant i ‘ecourtant i a9 8
Seca Pa [sig
[Accountant Accountant [2 2
Board Secreta V
Jonal Programs Coordinator
— a raining Speciasst A ‘=
- Psychologist Ii H
Examines ai 1
a Speciale
Project Development Officer Hi oe
ja re t chologistt aa |
+ Security Officer rc
Komputer Programmer a0

Upon the recommendation of the Commissioner, and subject to existing civil
service rules and regulations, the Secretary of Justice shall reorganize, upgrade,
or otherwise inane Bdjustments in the offices of the Bureau as required by the
implementation of this Act: Provided, That to the extent possible, the incumbent
chiefs of sections and divisions whose offices are hereby affected may be
ypgraded to positions of comparable rank in the reorganization: rpvided, further,
That for the new positions created under this Act, the Board shall designate thé
personnel thereof,

SEC. 135. Additional Grant of Benefits. - The Bureau shall provide its
employees with the following benefits:

(1) Night shift differential which shall be subject to existing guidelines; and

(2) Overtime pay for actual work rendered in accordance with the existing DBM
tules and regulations.

SEC. 136. Retention and Use of inipins Fees, Fines and Other
Income; Immigration Trust Fund.— The Board is hereby authorized to retain
and use ‘every year thirty percent (30%) of its collections from immigration fees,
fines and penalties, and other income that may be collected by the Bureau for
the effective implementation of this Act: Provided, That the amount so retained
and used by the Board shall not exceed One billion two hundred million pesos
(P1,200,000,000.00) every year: Provided, further, That the Board shall review
every three {3} years the maximum allowable retained coliections based on the
needs of the Sureau under this section, subject to the approval by the DBM:
Provided, finally, That any excess in the collections under this paragraph shali
accrue to the general fund of the national government.

There is hereby created an Immigration Trust Fund (ITF) sourced from the
collections mentioned in this section. The ITF shall be administered by the Board
in accordance with existing government auditing rules and regulations, and shall be
used exclusively as follows:

(a) Fifty percent (50%) for the modernization of equipment, facilities and offices
Used by employees of the Bureau, including. capital outlay for she establishment
of new buildings and field offices for the effective implementation of this Act;

(b) Thirty percent (30%) for the payment of employee benefits provided in this
Act, and as may be hereafter provided by the Board with the approval of the
Secretary of Justice; and

(02, ,Twenty percent (20%) for the further professionalization of the employees of
the Bureau Including trainings, seminars and other career advancement programs.

All interest income, dividends and earnings accrued from the ITF shall also form
tof the Fund. No portion of the ITF shall revert to the general fund of the
lational Government, except when the ITF is no longer necessary for the purposes
for which it was established.

Collections from express lane fees under Section 11(p) of this Act shall not form
Part of the ITF, and shall be used strictly in accordance with the said provision.

TRANSITORY PROVISIONS


SEC. 137. Interim Period. - The incumbent Commissioner and the two
Deputy Commissioners, if qualified under this Act, shall continue to discharge
the functions of their ‘position unless otherwise removed by the President. Ail
personnel of the present Bureau of Immigration shall continue to discharge the
Actions of their positions pending the reorganization as provided in this Act.

SEC. 138. Reorganization of the Bureau. - Upon approval of this Act, all
employees of the Bureau of Immigration covered by civil service rules ‘and
regulations shall continue to hold their present positions pending the
reorganization of the Bureau in accordance with the new staffing pattern:
Provided, That the salaries, wages, allowances and other benefits of incumbent
officers and employees of the Bureau shall not be subject ta diminution: Provided,
further, That Sa who have been dismissed for cause shall no longer qualify
for any position in the Bureau.

SEC.139. Inventory and Transfer of Proj Accounts, Assets,
Liabilities and ligations to the Bureau. - Aji buildings, properties,
equipment, facilities, accounts, other assets, liabilities and other obligations as well
as records of the Bureau of Immigration shail be properly inventoried and transferred
oO the Bureau.

SEC. 140. Force of 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. 141. Pending Cases. - Any prosecution, suit, action, proceeding, or 4

act or matter, civil or criminal, pending at the time of the effectivity of this Act shall

fot be Btfected by any of the provisions of this Act unless otherwise explicitly
ated herein,

CHAPTER 10
ADMINISTRATION AND IMPLEMENTATION

SEC. 142. Administration and Implementation Abroad. - The
administration and implementation of this Act abroad, Including the rules and
regulations, and specific visa policies or guidelines, shall be the responsibility of

the DFA, with due notice to the Bureau and other concerned agencies and offices,

SEC. 143. implementing Rules and Regulations. ~ Within sixty (60) days
from the effectivity of this Act, the Commissioner shall, in coordination wi
the Secretaries of Justice, Foreign Affairs and Budget and Management,
promulgate the rules and regulations for its effective implementation.

SEC. 144. Appoceriations: — The amount necessary to cover the initial
implementation of this Act shall be charged against the following:

(a) Current year’s appropriation of the Bureau of Immigration; and
{b) Immigration fees, fines and other income authorized under Section 136 this

Thereafter, such sums as may be needed for its continued implementation shall
be included in the annual General Appropriations Act or sourced from the
Immigration Trust Fund pursuant to Section 136 of this Act.

CHAPTER 11
FINAL PROVISIONS

SEC. 145. Separability Clause. - Should any provision of this Act be declared
invalid, the remaining provisions shall continue to be in force and effect.

SEC. 146. Repealing Clause, - Commonwealth Act No. 613, otherwise known as
the “Philippines Immigration Act of 1940", as amended, and Republic Act No.
750 entitled “An Act lgnating as Special Agents of the Bureau of Immigration
All Provincial, City and Municipal Treasurers, and Providing for the Allocations
to the Provincial, City, and Municipal Governments of Ten Per Centum of Certain
Fees Collected in Their Respective Territorial Limits", are hereby repealed. All
other laws, presidential decrees, executive orders, proclamations,


memor: orders, instructions, rules and regulations or parts thereof
Hiesblietedend vith this Act are hereby amended or modified accordingly.

SEC. . Effectivity. -— This Act shall take effect fifteen i days after its
publication i in the Official Gazette or in a newspaper of general circulation.

Approved,