FIFTEENTH CONGRESS OF THE 
REPVBLlC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. NO. 2161 
Introduced by HON. JUAN PONCE ENRILE 
EXPLANATORY NOTE 
The .current organization, system and operations of the Bureau of Immigration 
are governed by Commonwealth Act No. 613, or the Philippine Immigration Act of 1940. 
Notwithstanding the amendments which have been introduced thereto over the years, 
the law needs to be further amended to enable our own Bureau of Immigration to adapt 
to the changing times. 
The Bureau needs to evolve into an agency that is more 
responsive to the challenges brought about by the advancement in science and 
technology. 
This bill, therefore, seeks to reorganize the Bureau of Immigration and institute 
the same into a Commission. 
It defines the functions of each department created 
thereunder to avoid red tape and overlapping of fUnctions, and likewise seeks to 
introduce changes to the now antiquated systems and procedures on immigration being 
used in our country. To attract foreign investments, more visa categories and privileges 
to foreign investors will likewise be made available. To protect the safety and security 
of our people, the classifications of foreigners or aliens who shall be disqualified to enter 
the county are also expanded. Moreover, penalties for foreigners or aliens who shall be 
engaged in unlawful activities are further strengthened. 
In introducing these amendments, it is hoped that a more responsive immigration 
law shall augur well for the protection of the security, safety and well-being of our 
people. 
In view of the foregoing considerations, the immediate approval of the bill is 
eamestly recommended. 


1 
2 
3 
4 
FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN ATE 
S.B. No. _=2.=1-",,6.=;1_ 
Introduced by Senator JUAN PONCE ENRILE 
PHILIPPINE IMMIGRATION ACT OF 2010 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
TITLE I 
GENERAL PROVISIONS 
5 
SECTION 1. Title of the Act. -
This Act shall be known as the "Philippine Immigration 
6 
Act of 201 0". 
7 
SEC. 2. Declaration of Policy. -
In relation to other states, the Philippines shall give 
8 
paramount consideration to national sovereignty, territorial integrity, national security, 
9 
national interest, and the right to self-determination, as it adheres to the policy of peace, 
10 
cooperation and amity with all nations. Toward this end, Philippine immigration policies, 
11 
rules and regulations under this Act shall be applied and administered in the promotion of 
12 
domestic al'ld international interests of the Philippines, in recognition of: 
13 
(a) The admission of foreign nationals for the purpose of enhancing capital 
14 
investments, trade and commerce, cultural exchanges and other forms of friendly relations 
15 
and cooperation; 
16 
(b) The need for increased technological and scientific development; 
17 
(c) Promotion of conditions for social welfare and economic security of the people; 
18 
(d) Compliance with obligations and standards set by international law in the admission 
19 
or exclusion of foreign nationals; 


2 
(e) Promoting international order and justice by denying the use of Philippine territory 
2 
to persons who are engaged or likely to engage in terrorism, human smuggling and 
3 
trafficking, criminal and other nefarious activities; 
4 
(f) Modernization of structures and mechanisms necessary for the administration of 
5 
immigration laws in keeping with the changing demands of the country's role in the global 
6 
community; and 
7 
(g) Protessionalization of the immigration service by instituting a rigid system of 
8 
screening arid selection of immigration officials and employees and promoting their 
9 
development. 
10 
SEC. 3. Definition of Terms. -
As used in this Act, the following terms are defined 
11 
as follows: 
12 
(a) 
"Admission" refers to the process by which a foreigner arriving at a port of entry 
13 
in the Philippines is allowed into the country by the immigration authorities; 
14 
(b) 
"Board" refers to the Board of Commissioners; 
15 
(c) 
"Border Control Officer" refers to any person tasked to man the border control 
16 
station as provided under Section 26 of this Act; 
17 
(d) 
"Captain" refers to the master of a vessel or pilot of an aircraft; 
18 
(e) 
"Child" refers to a person below eighteen (18) years of age; 
19 
(f) 
"Citizen" refers to any person who is a citizen of the Philippines under Section 1, 
20 
Article IV of the Constitution of the Republic of the Philippines; 
21 
(g) 
"Commission" refers to the Commission on Immigration; 
22 
(h) 
"Commissioner" and "Deputy Commissioner" refer to the Commissioner of 
23 
Immigration and the Deputy Commissioner of Immigration, respectively; 
24 
(i) 
"Commitment Order" refers to an order issued by the Commissioner under 
25 
Section 7 (c) (2) of this Act that directs the detention of a foreigner after it has been 
26 
determined that a probable cause exists that he/she committed acts and/or omissions in 
27 
violation of Philippine immigration laws, rules and regulations, or during the pendency of 


3 
deportation case against such foreigner: Provided, That such detention shall not exceed 
2 
three (3) months, unless there exists other legal grounds for continued detention; 
3 
U) 
"Consular officer" refers to any consular, diplomatic, or other officer of the 
4 
Government of the Philippines who has been duly granted a consular commission for the 
5 
purpose of issuing visas under this Act; 
6 
(k) 
"Entry" refers to the arrival of a foreigner into any designated port of entry in the 
7 
Philippines from a place outside thereof. A foreigner having a lawful permanent residence in 
8 
the Philippines shall not be regarded as making an entry for the purpose of this Act if such 
9 
foreigner proves that his/her departure to a place outside the Philippines was for a temporary 
10 
or limited period, or his/her continued absence from the Philippines was occasioned by 
11 
deportation proceedings, extradition, or other legal process; 
12 
(I) 
"Exclusion" refers to the act of Immigration Officers denying admission of a 
13 
foreigner into the country on grounds provided for in this Act; 
14 
(m) "Foreigner" or "Foreign National" refers to any person not a citizen of the 
15 
Philippines; 
16 
(n) 
"Hold Departure Order" refers to (1) a directive that commands the Commissioner 
17 
to prevent a foreigner from leaving the territorial jurisdiction of the Philippines in cases of 
18 
grant of bail and recognizance pending implementation of Summary Deportation Order, or (2) 
19 
an order implementing a directive from the President, the Senate, the House of 
20 
Representatives, the Department of Justice (DOJ), Regional Trial Courts, Sandiganbayan, 
21 
and appellate courts to prevent a person from leaving the Philippines to any place outside 
22 
thereof; 
23 
(0) 
"Husband" and/or "Wife" refer(s) to those regarded as such by the laws of the 
24 
country of which they are nationals but shall not include husband or wife by reason of proxy 
25 
or "picture marriage"; 
26 
(p) 
"Immigrant" refers to any foreign national departing from any place outside the 
27 
Philippines destined for the Philippines, other than a non-immigrant; 


4 
(q) 
"Immigration laws" 
refers to this Act and any other law presently existing or 
2 
which may hereafter be enacted relating to movement of natural persons to and from the 
3 
Philippines, and their exclusion, interception, deportation and repatriation; 
4 
(r) 
"Immigration Officer" refers to any person appointed under Section 28 of this Act 
5 
or any employee of the Commission deSignated by the Commissioner to perform the powers, 
6 
duties and functions of an Immigration Officer as specified under this Act; 
7 
(s) 
"Interception" refers to the act of Immigration Officers denying departure 
8 
clearance to any person leaving the country on grounds provided for in this Act; 
9 
(t) 
"Non-immigrant" refers to any foreigner departing from any place outside the 
10 
Philippines who is allowed entry and admission into the Philippines for a temporary or limited 
11 
period of stay; 
12 
(u) 
"Non-refoulement" means a prinCiple of international law which prohibits the 
13 
forced return of a refugee to the state or territory where his/her life or liberty would be 
14 
threatened; 
15 
(v) 
"Passport" means a document issued by the Philippine government to its citizens 
16 
requesting other governments to allow its citizens to pass safely and freely, and in case of 
17 
need to give him all lawful aid and protection; 
18 
(w) "Person" refers to natural and juridical person such as partnerships, corporations, 
19 
companies, and associations; 
20 
(x) 
"Port of entry" 
refers to any port designated by competent 
authority in 
21 
accordance with law through which a foreigner may apply to the Immigration Officer thereat 
22 
for admission into the Philippines; 
23 
(y) 
"President" refers to the President of the Republic of the Philippines; 
24 
(z) 
"Refugee" refers to a person who, owing to a well-founded fear of being 
25 
persecuted for reasons of race, religion, nationality, membership of a particular social group, 
26 
or political opinion, is outside the country of his/her nationality, and is unable or, owing to 
27 
such fear, is unwilling to avail of the protection of that country; or who, not having a 


5 
nationality and being outside the country of his/her former habitual residence, is unable or, . 
2 
owing to such fear, is unwilling to return to it; 
3 
(aa) "Seaman," "Seafarer" or "Crewmember" refers to a person actually employed in 
4 
the operation or service in any capacity on board a vessel; 
5 
(bb) "Secretary" refers to the Secretary of the Department of Justice; 
6 
(cc) "Stateless Person" refers to a person who is not considered a national by any 
7 
State under its laws; 
8 
(dd) "Travel document" refers to a certification or identifying document containing the 
9 
description and other personal circumstances of its bearer, issued for direct travel to and 
10 
from the Philippines valid for short periods or a particular trip. It is issued only to persons 
11 
whose claim to Philippine citizenship is doubtful or who fall under the category enumerated in 
12 
Section 13 of Republic Act No. 8239, otherwise known as "The Philippine Passport Act of 
13 
1996"; 
14 
(ee) '''Vessel'' refers to all means of conveyances, whether aircraft or sea craft; 
15 
(ff) 
"Visa" refers to an endorsement on a passport or any travel document issued by 
16 
a consular officer abroad authorizing the holder thereof to proceed to a deSignated port of 
17 
entry in the Philippines and there to apply for entry and admission under the status specified 
18 
therein; or immigration status granted and/or issued to foreigners by the Commissioner or the 
19 
Board under this Act; and 
20 
(gg) "Watch list Order" refers to an order issued by the Commissioner under Section 7 
21 
(c) (4) of this Act that requires immigration personnel to monitor and/or prevent the departure 
22 
of any person for a period of fifteen (15) days, extendible for another fifteen (15) days, and to 
. 23 
notify concerned government or law enforcement agencies, when his/her presence is 
24 
required in criminal or legislative proceedings, or he/she poses or may pose a threat to 
25 
national security, public health or public safety. 


6 
TITLE II 
2 
COMMISSION ON IMMIGRATION 
3 
CHAPTER 1 
4 
THE COMMISSION 
5 
SEC. 4. Creation. -
The Commission on Immigration is hereby created. It shall be 
6 
principally responsible for the administration qnd enforcement of this Act, and the 
7 
implementation of all laws, rules, regulations or orders of any competent authority concerning 
8 
the entry and admission into, stay in, and the departure from the Philippines of all persons. 
9 
The Commission shall be under the general supervision of the Department of Justice. 
10 
SEC. 5. Composition and Qualification. -
The Commission shall be administered 
11 
by the Board of Commissioners headed by the Commissioner as Chairperson, and four (4) 
12 
Deputy Commissioners as members, all of whom shall be natural-born citizens of the 
13 
Philippines and, at the time of their appointment, at least thirty-five (35) years of age, holders 
14 
of a college degree and with proven capacity for administration: Provided, That the majority 
15 
or three (3) members including the Chairperson of the Commission shall be members of the 
16 
Philippine Bar in good standing for at least five (5) years. 
17 
CHAPTER 2 
18 
THE COMMISSIONER 
19 
SEC. 6. Appointment and Rank of the Commissioner. -
The Commissioner shall 
20 
be appointed by the President and shall have the same rank, salary, and privileges of an 
, 
21 
Undersecretary of a Department. 
22 
SEC. 7. Powers and Functions of the Commissioner. - In addition to the duties as 
23 
Chairperson of the Board of Commissioners, the Commissioner shall exercise the follawing 
24 
powers and functions: 
25 
26 
(a) 
(b) 
Supervise, direct and coordinate the overall operations of the Commission; 
Appoint, and exercise control and supervision over, the officers and persannel 
27 
of the commission, subject to. existing civil service laws, rules and regulations; 


7 
(C) 
Issue, (1) letter orders after determination of the existence of probable cause; 
2 
(2) commitment or release orders; (3) warrant of deportation; (4) watch list orders; (5) hold 
3 
departure orders; (6) allow entry or departure orders; (7) blacklist orders; and (8) orders 
4 
implementing watch list orders issued by the Department of Justice; 
5 
(d) 
Delegate authority to subordinate officers and employees of the Commission, 
6 
except with regard to powers and functions enumerated in the immediately preceding 
7 
paragraph, which may be delegated only to the Deputy Commissioners; 
8 
(e) 
Act on applications for issuance and extension or on petitions for conversion, 
9 
adjustment and amendment of visas; 
10 
11 
(f) 
(g) 
Act on petitions for declaration of indigency; 
Declare such control posts, landing places, airports or ports as points of entry 
12 
or exit, whether limited or unlimited; 
13 
(h) 
Increase, reduce or waive immigration fees, fines, penalties and other charges; 
14 
(i) 
Participate as member of the Special Committee on Naturalization pursuant to 
15 
Section 6 of Republic Act No. 9139 otherwise known as "The Administrative Naturalization 
16 
Law of 2000"; 
17 
(j) 
Act on applications for retention or reacquisition of citizenship under Republic 
18 
Act No. 9225 otherwise known as "Citizenship Retention and Re-acquisition Act of 2003"; 
19 
(k) 
Issue Certificate of Identification to foreigners who have obtained Filipino 
20 
citizenship; 
21 
(I) 
Issue 
letter orders 
and 
permits to 
carry firearms, 
ammunition 
and 
22 
communications equipment to authorized immigration operatives for use in enforcement 
23 
operations and in the execution of warrants: Provided, That such firearms are owned and 
24 
issued by the Commission; 
25 
(m) 
Inspect the documents, premises and records of persons covered by this Act; 
26 
(n) 
Deputize any official or employee of the national government and local 
27 
government units, including uniformed personnel of the Armed Forces of the Philippines, the 


8 
Philippine National POlice and the Philippine Coast Guard to perform immigration duties and 
2 
functions subject to the concurrence of the Board; 
3 
(0) 
Authorize and prescribe the forms and the amount of cash bonds for the 
4 
provisional release of respondents in deportation proceedings; 
5 
(p) 
Impose reasonable fines and penalties for violation of immigration and alien 
6 
registration laws in accordance with this Act and the guidelines adopted by the Commission; 
7 
(q) 
Provide an express lane for the rendition of services upon payment of 
8 
prescribed fees by airlines/shipping companies or other persons served and to deposit in a 
9 
government authorized depository bank all such fees received under a trust fund that may 
10 
be made available for the payment of allowances to employees of the Commission, subject 
II 
to existing auditing and accounting rules and regulations; 
12 
(r) 
Accept donation of materials, equipment or technical services from any foreign 
13 
government, international or domestic organization, to upgrade the efficiency and operations 
14 
of the Commission; 
15 
(s) 
Submit to the President and Congress, annually or as may be directed, a report 
16 
on the: (1) number and status of foreigners in the Philippines; (2) foreigners admitted or 
17 
granted change of status as permanent residents; (3) foreigners who have been excluded or 
18 
deported from, the Philippines; (4) estimated number of illegal foreigners in the Philippines in 
19 
each calendar year and actions taken to arrest them, by nationality grouping, for each region 
20 
in the Philippines; and (5) such other transactions of the Commission; 
21 
(t) 
Prepare and submit supplemental budget of the Commission for the 
22 
consideration of the Department of Budget and Management; 
23 
(u) 
Prescribe such rules, regulations or other administrative ·issuances to carry out 
24 
the prOVisions of this Act; 
25 
(v) 
Prescribe the appropriate forms, bonds, reports, entries and other papers in 
26 
accordance with this Act; and 
27 
(w) 
Perform such other functions inherent to the Commission. 
28 


9 
CHAPTER 3 
2 
THE DEPUTY COMMISSIONERS 
3 
SEC. 8. Appointment and Rank of Deputy Commissioners. -
There shall be four 
4 
(4) Deputy Commissioners who shall be appointed by the President. They shall have the 
5 
same rank, salary and privileges of an Assistant Secretary of a Department. 
6 
SEC. 9. Duties of Deputy Commissioners. -
In addition to their duties as members 
7 
of the Board, ,the Deputy Commissioners shall exercise additional powers, subject to the 
8 
approval of and as may be assigned by the Board, in the following areas of concern as: 
9 
a. Deputy Commissioner for Administration, Finance, Planning, Legal and Information 
10 
and Communications Technology; 
II 
b. Deputy 
Commissioner for Regional 
Operations, 
Registration, 
Immigration 
12 
Regulation and Visa and Special Permit; 
13 
c. Deputy Commissioner for Intelligence, Enforcement, Fraud Prevention and 
14 
Complaint and Prosecution; and 
15 
d. Deputy Commissioner for International Policies, 
Cooperation 
and 
Social 
16 
Integration. 
17 
CHAPTER 4 
18 
THE BOARD OF COMMISSIONERS 
19 
SEC. 10. 
Powers and Functions of the Board. -
The Board shall have the 
20 
following powers and functions: 
21 
(a) Decide on deportation cases; 
22 
(b) Act on appeals on decisions promulgated by immigration hearing officers; 
23 
(c) Act on applications or recommendations for revocation of immigration status; 
24 
(d) Act on applications for recognition of Philippine citizenship by reason of birth or 
25 
marriage; 
26 
(e) Decide on applications for legatization of residence in accordance with law; 
, 
27 
(f) Prescribe and promulgate rules of proceedings before it; 
28 
(g) Cite and punish for contempt any person in accordance with the Rules of Court; 


10 
(h) Prepare and publish operations manual and rules of procedure, including schedule 
2 
of fees, for all transactions entered into by the Commission with the public; 
3 
(i) Formulate policies, directives, programs and projects of the Commission; and 
4 
U) Perform such other powers and functions as provided by existing laws, rules and 
5 
regulations not inconsistent with any of the provisions of this Act. 
6 
SEC. 11. Decisions of the Board. - In all cases or proceedings before the Board, 
7 
the decision of the majority shall prevail. Decisions of the Board shall become final and 
8 
executory fifteen (15) days from receipt thereof. Only one (1) motion for reconsideration 
9 
shall be filed with the Board. 
10 
Decisions in deportation cases may be appealed to the Office of the President within 
11 
fifteen (15) days from receipt thereof, whose decision shall be final and executory unless 
12 
stayed by an order of the Court of Appeals. The appeal shqll stay the execution of the 
13 
decision appealed from unless the Board, in the interest of national security and/or public 
14 
safety, directs its execution pending appeal. 
15 
SEC. 12. 
Period for Decision by the Board. - The Board of Commissioners shall 
16 
decide deportation cases within thirty (30) days from the date they are submitted for decision 
17 
or resolution. 
18 
SEC. 13. 
Meetings of the Board. -
In all cases, the Board of Commissioners 
19 
shall convene and act as a collegial body in all matters referred to in Section 10 of this Act. 
20 
The Board shall meet at least once a week or, if. necessary, twice a week. Members of the 
21 
Board shall be notified accordingly and the presence of the Chairperson and two (2) 
22 
members shall constitute a quorum. 
23 
SEC. 14. 
Board Secretary. - The Board shall be assisted by a Board Secretary 
24 
who shall be appointed by the Commissioner. He/she must be a member of the Philippine 
25 
Bar in good standing for at least three (3) years prior to his/her appointment. He/she shall 
26 
keep a docket book for deportation cases, applications for revocation of immigration status, 
27 
applications for recognition of Philippine citizenship by reason of birth or marriage, 
28 
applications for legalization of residence and applications for refugee status. 


11 
CHAPTER 5 
2 
THE EXECUTIVE DIRECTOR 
3 
SEC. 15. 
Appointment and Tenure - There shall be an Executive Director of the 
4 
Commission who shall be appointed by the Secretary upon the recommendation of the 
, 
5 
Commissioner, and whose term shall be co-terminous with the Commissioner. He/she must 
6 
be a natural-born citizen of the Philippines, at least thirty (30) years of age and a member of 
7 
the Philippine Bar in good standing for at least five (5) years prior to his/her appointment. 
8 
SEC. 16. Powers and Duties. - The Executive Director shall: 
9 
(a) 
Advise and assist the Commissioner· in the formulation and implementation of 
10 
the objectives, policies, plans and programs of the Commission; 
11 
12 
(b) 
(c) 
Oversee all the operational activities of the Commission; 
Coordinate the programs and projects of the Commission and be responsible 
13 
for its economical, efficient and effective administration; 
14 
(d) 
Administer oaths in connection with all matters relating to the business of the 
15 
Commission; and 
16 
(e) 
Perform such other duties as may be assigned by the Commissioner. 
17 
CHAPTER 6 
18 
THE BOARD OF SPECIAL INQUIRY 
19 
SEC. 17. Constitution of Boards of Special Inquiry. There shall be constituted as 
20 
many Boards of Special Inquiry as required in the exigency of service but not more than 
21 
twelve (12). Each Board shall be composed of a Chairperson and two (2) members. The 
22 
Board shall be designated according to their areas of specialization to be determined 
23 
by the Board. 
24 
SEC. 18. 
Appointment and Qualification of the Chairpersons and Members of 
25 
the Boards of Special InqUiry. - The Chairpersons and members of the Boards of Special 
26 
Inquiry shall be appointed by the Commissioner, all of whom shall be natural-born citizens of 
27 
the Philippines and, at the time of their appointment, at least thirty (30) years of age, 
28 
members of the Philippine Bar in good standing,. and engaged in the practice of law for at 


12 
least three (3) years. They shall hold office during good behavior, unless sooner removed for 
2 
cause. 
3 
SEC. 19. 
Powers and Functions of the Boards of Special Inquiry. -
The 
4 
Boards of Special Inquiry shall: 
5 
(a) Administer oaths; 
6 
(b) Cite and punish for contempt in accordance with the Rules of Court; 
7 
(c) Issue subpoena in cases being heard by the Board of Special Inquiry; 
8 
(d) Recommend to the Board the imposition, waiver or reduction of fees, fines, penalties 
9 
and other charges subject to existing laws, rules and regulations; 
10 
(e) Exercise exclusive original authority to hear and recommend to the Board for final 
II 
resolution the following cases: 
12 
13 
14 
(1 ) 
(2) 
(3) 
IS 
marriage; 
16 
(4) 
Deportation; 
Applications for revocation of immigration status; 
Applications for recognition of Philippine citizenship by reason of birth or 
Applications for legalization of residence in accordance with law; 
17 
(5) 
Application for issuance of visa for stateless person; and 
18 
(f) 
Perform such other duties and functions as may be directed by the 
19 
Commissioner. 
20 
SEC. 20. 
Proceedings Before the Boards of Special Inquiry. 
-
The 
21 
proceedings before the Boards of Special Inquiry shall be public and recorded. In all cases, 
22 
the Boards of Special Inquiry shall meet and act as a collegial body. Only members of the 
23 
Philippine Bar in good standing shall appear for and in behalf of any party before the Boards 
24 
of Special Inquiry. 
25 
SEC. 21. 
Resolutions of the Boards of Special Inquiry. -
Cases before the 
26 
Boards of Special Inquiry shall be resolved within five (5) working days from the date the 
27 
same are submitted for resolution. 
Said resolution shall be submitted immediately to the 
28 
Board for action. 


13 
CHAPTER 7 
2 
DIVISIONS OF THE COMMISSION 
3 
4 
SEC. 22. Divisions and Other Operating Offices of the Commission. -
The 
5 
Commission shall have the following divisions and other operating offices, namely: (1) 
6 
Administration; (2) Finance; (3) Information and Communications Technology; (4) Planning 
7 
and Research; (5) International Policies and Cooperation; (6) Social Integration; (7) 
8 
Intelligence; (8) Law Enforcement; (9) Fraud Prevention; (10) Legal; (11) Immigration 
9 
Regulation; (12) Registration; (13) Visa and Special Permit; (14) Complaint and Prosecution; 
10 
(15) Internal Audit Office; (16) National Operations Center; and (17) Immigration Academy of 
11 
the Philippines. 
12 
SEC. 23. Heads of the Divisions and Other Operating Offices. -
Each Division 
13 
and other operating offices shall be headed by a Director to be appointed by the Secretary, 
14 
upon recommendation of the Commissioner: 
Provided, however, That Directors for the 
15 
Division for Legal and the Division for Complaint and Prosecution shall be members of the 
16 
Philippine Bar in good standing, and must have been engaged in the practice of law for at 
17 
least three (3) years. The Director for Finance Division shall be a Certified Public Accountant 
18 
in good standing for at least three (3) years. 
19 
SEC. 24. 
Duties and Functions of the Divisions and Other Operating Offices. 
20 
-
The different divisions and other operating offices of the Commission shall operate in 
21 
accordance with their respective duties and functions as defined by the Commissioner, 
22 
subject to the requirements of efficiency, economy, transparency, accountability and 
23 
effectiveness, and pertinent budget and civil service laws, rules and regulations. 
24 
CHAPTER 8 
25 
REGIONAL OFFICES 
26 
SEC. 25. Field Offices of the Commission. -
The Commission shall operate and 
27 
maintain a Regional Immigration Office in each of the administrative regions including the 
28 
National Capital Region. 


14 
The Regional Immigration Offices of the Commission shall each be headed by a 
2 
Regional Immigration Officer, all of whom shall be appointed by the Secretary upon the 
3 
recommendation of the Commissioner. 
4 
SEC. 26. Border Control Stations -
There shall be established Border Control 
5 
Stations which shall be manned by Border Control Officers appointed by the Commissioner. 
6 
The Border Control Stations shall be placed in specific areas in the Philippines which shall be 
7 
determined by the Board. Their duties and responsibilities shall be determined by the 
8 
Commissioner. 
9 
SEC. 27. Changes in the Composition, Distribution of Assignment of Regional 
10 
Offices. -
The Commissioner may make changes in the composition, distribution and 
11 
assignment of Regional Offices, as well as its personnel, based on the demographics of the 
12 
Philippines' foreigner population and as the exig~ncy of the service requires. 
13 
SEC. 28. Immigration Officers. -
The position of Immigration Officer is hereby 
14 
created. No person shall be appointed to the position of Immigration Officer unless he is a 
15 
holder of a bachelor's degree and a first grade civil service eligible. The Immigration Officers 
16 
shall perform the following duties: 
17 
(a) Examine, with the assistance and advice of medical authorities in appropriate 
18 
cases, foreigners at the port of entry concerning their admissibility to enter and their 
19 
qualifications to remain in the Philippines; 
20 
(b) Exclude foreign nationals not properly documented, and to admit foreign nationals 
21 
complying with the applicable provisions of immigration and related laws; 
22 
(c) Administer oaths in connection with the performance of their duties; 
23 
(d) Search for foreign nationals on any vessel believed to be used to illegally bring 
24 
foreign nationals into the Philippines, and to arrest without warrant any foreigner who in his 
25 
presence or view is entering or is about to enter the Philippines in violation of immigration 
26 
and related laws, rules and regUlations; 
27 
(e) Act as control officer with authority to prevent the departure of passengers not 
28 
complying with departure requirements; and 


15 
(f) Perform such other functions as may be assigned by the Commissioner from time 
2 
to time. 
3 
SEC. 29. Designation of Employees. -
The Commissioner may designate, in 
4 
accordance with civil service laws, rules and regulations, any competent and qualified 
5 
employee of the Commission, to act as immigration officer or assign any employee to other 
6 
offices within the Commission and/or assign him/her additional or other duties as the best 
7 
interest or exigency of the service may require. 
8 
SEC. 30. Assignment of Employees to do Overtime Work. -
The Commissioner 
9 
may assign immigration employees to do overtime work or services pursuant to rules and 
10 
regulations to be prescribed and at the rates fixed by the Commissioner when the work or 
11 
service to be rendered is to be paid by the airline, shipping companies or other persons 
12 
served. 
13 
SEC. 31. Deployment of Immigration Personnel Abroad. - Within ninety (90) days 
14 
from the effectivity of this Act, the Department of Foreign Affairs and the Commission shall 
15 
enter into a Memorandum of Agreement pertinent to the assignment and deployment of 
16 
immigration personnel to select consular posts abroad who shall perform immigration duties, 
17 
except diplomatic and consular functions. 
18 
SEC. 32. Manning Levels - On the average, the manning levels of immigration officers 
19 
of the Commission nationwide shall be in accordance with the number of arrivals in each port 
20 
of entry as determined by the Board: Provided, That the number of employees, as provided 
21 
in the staffing pattern in accordance with Section 130 of the Act, shall not be decreased. 
22 
TITLE III 
23 
IMMIGRATION 
24 
CHAPTER 1 - NON-IMMIGRANTS 
25 
SEC. 33. Categories of Non-immigrants and Types of Visa Issued.-
Foreign 
26 
nationals departing from any place outside the Philippines who are otherwise admissible and 
27 
who qualify under anyone of the following categories may be admitted as non-immigrants: 


16 
(a) Temporary visitors (A Visas): Visitors coming to the Philippines for a temporary 
2 
period for reasons of business, pleasure or health: 
3 
1. Business (A-1 visa): Temporary visitors engaged in activities of a commercial or 
4 
professional nature for a foreign employer or for themselves that will not result 
5 
in gainful employment in the Philippines. As used herein, the term "business" 
6 
refers to conventions, conferences, consultations and other legitimate activities 
7 
of a commercial or a professional nature, but does not include local 
8 
employment or labor for hire; 
9 
2. Pleasure (A-2 visa): Temporary visitors who stay in the Philippines for holiday, 
10 
including sightseeing, recreation or visiting relatives; and 
II 
3. Health (A-3 visa): Temporary visitors who stay in the Philippines to avail of 
12 
medical treatment. 
13 
(b) Transit Persons (B Visa): Persons passing through the Philippines solely for a 
14 
"stop over" who have a confirmed connecting flight to another country or passengers in 
15 
immediate and continuous transit to a destination outside the Philippines; 
16 
(c) Crew members (C Visa): Members of the crew of vessels required for the normal 
17 
operation and servicing of the vessels who come to the Philippines temporarily as part of 
18 
their jobs either arriving with or coming to join the vessels; 
19 
(d) Treaty Traders (0-1 Visa) and Treaty Investors (0-2 Visa): Citizens and their family 
20 
members from a country that has a trade treaty with the Philippines and coming to work in 
21 
the Philippines for either a company they own or one that is at least fifty percent (50%) 
22 
owned by nationals of their home country and which company is engaged in substantial trade 
23 
between the Philippines and their home country shall be granted a 0-1 visa. 
24 
Citizens of a country that has an investor treaty with the Philippines, and their family 
25 
members, and coming to work in the Philippines for a business they own or one that is at 
26 
least fifty percent (50%) owned by nationals of their home country and which business is 
27 
supported by a substantial investment from nationals of their home country shall be granted 
28 
a 0-2 visa; 


17 
(e) Accredited Foreign Government Officials, Their Families and Attendants (E Visas): 
2 
Foreign government officials, their families and attendants coming to the country for official 
3 
purpose, pursuant to international conventions and bilateral agreements, shall be granted E 
4 
Visas divided into three (3) types, namely: 
5 
1. 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
Persons entitled to E-1 Visa: The E-1 Visa shall be issued to persons enjoying 
diplomatic immunities and privileges, particularly the following classes of foreign 
nationals: 
a. Heads of the State and Heads of Government and their personal 
representatives; 
b. Members of reigning royal families recognized by the Philippine 
Government; 
c. Governors-General, Governors, and High Commissioners of dependent 
territories and their personal representatives; 
d. Cabinet ministers and their deputies and officials with cabinet rank of 
ministers; 
e. Presiding officers of national legislative bodies; 
f. Justices or judges of the highest national judicial bodies; 
g. Diplomats and career consular officials; 
h. Diplomatic couriers regularly and professionally employed as such; 
i. Military, naval, air and other attaches assigned to a diplomatic mission; 
j. All members of official special missions of a diplomatic character; 
k. Officials of international organizations bearing diplomatic passports 
when traveling on official business; 
I. Representatives of international organizations who have 
diplomatic 
status and bearing diplomatic passports issued by their governments; 
m. Members of delegations proceeding to or from an international 
conference of an official or diplomatic nature; 


18 
n. Accompanying spouses and unmarried minor children of foreigners 
2 
within the abovementioned categories; and 
3 
o. Such other officials going to the Philippines on diplomatic missions. 
4 
2. Persons entitled to E-2 Visa: The E-2 visa shall be issued to any other person 
5 
riot included in the foregoing list, who is an officer of a foreign government 
6 
recognized by the Philippines, is a national of the country whose government 
7 
he represents, and is proceeding to the Philippines in connection with official 
8 
business for his/her government. 
9 
This category includes, inter alia, the members of the staff of a 
10 
diplomatic mission or consular post, the staff of international organizations, and 
11 
official students or participants in programs under the auspices of the Philippine 
12 
Government or recognized international institutions. 
13 
The family members of the above-mentioned persons shall also be 
14 
issued E-2 Visa. 
15 
3. Persons entitled to E-3 Visa: The E-3 Visa shall be issued to the members of 
16 
the household, the attendants, servants and employees of persons to whom E-
17 
1 and E-2 visas have been granted; 
18 
(f) Students (F Visa): Foreign students having means sufficient for their support and 
19 
education in the Philippines who seek to enter the Philippines temporarily for the sole 
20 
purpose of taking up a course of study higher than high school at a university/seminary, 
21 
academy or college accredited for such foreign students by the Commission on Higher 
22 
Education in collaboration with the Commission. Their collaboration Shall include the 
23 
monitoring of the status of activities of such foreign students in the Philippines; 
, 
24 
(g) Prearranged Employment (G Visa): Foreign nationals coming to the Philippines on 
2S 
prearranged employment, including their family members accompanying or following to join 
26 
them within the period of their employment. This category includes intra-company 
27 
transferees, professionals, performing artists, athletes, and cultural exchange workers under 
28 
a work exchange program; 


19 
(h) Religious Workers 
(H Visa): Duly ordained or professional missionaries and 
2 
religious ministers, including members of their family, coming to the Philippines to join a 
3 
religious congregation or denomination duly registered with the Securities and Exchange 
4 
Commission, upon invitation, sponsorship or guarantee of such religious congregation or 
5 
denomination, solely for the purpose of propagating, teaching and disseminating their faith or 
6 
religion; 
7 
(i) Representatives of International Organizations and Government Agencies (I Visa) : 
8 
Officials, 
principal representatives and 
foreign- workers of accredited 
international 
9 
organizations as well as missions, including their family members, staff and servants. The 
10 
term "accredited international organization" includes any public international organization in 
11 
the activities of which the Philippines participates pursuant to any treaty or under the 
12 
authority of any act of the Congress of the Philippines authorizing such participation or 
, 
13 
making an appropriation for such participation and such other international organizations, 
14 
institutions,' agencies, programs, foundations and entities which are recognized by the 
15 
government of the Republic of the Philippines, including those existing and already 
16 
recognized as such at the time of the effectivity of this Act. The term "staff" includes the 
17 
employees of persons to whom the E-3 visa has been granted; 
18 
0) Media Workers (J Visa): Foreign media personnel or correspondents, duly 
19 
accredited by the government agency concerned, who are bona fide representatives of a 
20 
foreign press, radio, satellite, television, film, or other information media, and are coming to 
21 
the Philippines solely to engage in gathering information principally for dissemination abroad, 
22 
including their family members accompanying or following to join them during the period of 
23 
the assignment in the Philippines; 
24 
(k) Exchange Visitors (K Visa): Foreign nationals entering the Philippines to teach, 
25 
study, observe, conduct research or receive training in a specific Exchange Visitor Program 
26 
duly approved by the Philippine Government; 
27 
(I) Refugees (L-1 Visa) and Stateless Persons (L-2 Visa): Refugees as defined in 
28 
Section 3 (z) hereof shall be issued L-1 Visa. 
Stateless persons, whose admission for 


2 
3 
4 
5 
6 
7 
8 
9 
10 
II 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
20 
humanitarian reasons and not inimical to public interest has been approved by the 
Commissioner or the President in such cases and under such conditions as he may 
prescribe, shall be issued L-2 Visa; and 
(m) Special Non-Immigrants (M Visas): Such other foreign nationals including their 
family members who may be admitted as non-immigrants under special laws or foreign 
nationals not otherwise provided for by this Act who are coming for temporary periods only, 
and whose admission is authorized by the Commissioner or the President in the interest of 
the public or for humanitarian considerations and under such conditions as he may prescribe. 
SEC 33·A. Visa Policy. - The policies governing the issuance, extension, renewal 
and conversion of visas referred to in Section 33 hereof shall be jOintly formulated by the 
Commission and the Department of Foreign Affairs (DFA) and, when appropriate, the 
Commission and the DFA shall consult with the concerned government agencies or offices 
relative thereto. 
Any visa policy or guidelines to be implemented abroad shall be done by the DFA, 
with due notice to the Commission and other concerned agencies and/or offices. 
SEC. 33·8. Visa Issuance Overseas.· All non-immigrant visas issued outside of the 
Philippines shall be done by Consular Officers of the DFA duly assigned at Philippines posts 
abroad. Immigrant visas, whenever issued abroad, shall be done by the Consular Officers 
upon the approval of the Commission through the DFA. 
CHAPTER 2 
IMMIGRANTS 
SEC. 34. Quota Immigrants. -
Subject to conditions set forth in this Act, there may 
be admitted into the Philippines, immigrants, otherwise known as "quota immigrants", not to 
exceed two hundred (200} of anyone nationality based on immigration reciprocity for any 
one calendar year and upon allotment by the Commissioner of the corresponding quota 
number. In the allotment of quota numbers, the following order of preference shall be 
observed: 


2 
3 
4 
5 
6 
7 
8 
9 
10 
Jl 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
21 
(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) Foul1h Preference: Parents of foreign nationals who are lawful permanent 
residents of the Philippines. 
SEC 35. Allotment of Quota. -
The Commissioner shall, with respect to the first 
preference, allot not more than fifty percent (50%) of the annual quota allotment up to the 
end of June each year: Provided, however, That if the fifty percent (50%) is not utilized by the 
first preference, the balance thereof shall be given to the second, third, and fourth 
preferences in accordance with Section 34 of this Act. Any unused quota allotment for a 
calendar year cannot be carried over and utilized for the ensuing calendar year. 
SEC. 36. Basis in Determination of Quota Allotment. -
The nationality of an 
immigrant whose admission is subject to the numerical limitation imposed by Section 34 of 
this Act shall be that of the country of which the immigrant is a national or a citizen. The 
nationality of an immigrant possessing dual nationality may be that of either of the two 
countries regarding him/her as a national or citizen if he/she applies for a visa in a third 
country. If he/she applies for a visa within one of the two countries regarding him/her as a 
national or citizen, his/her nationality shall be that of the country in which he/she files his/her 
application for a visa to enter the Philippines. 
SEC. 37. Non-Quota Immigrants. -
The following immigrants, known as "non-quota 
immigrants", may be admitted without regard to numerical limitation and immigration 
reciprocity: 


22 
(a) The spouse of a Philippine citizen: Provided, however, That the abandonment and 
2 
failure to give support by the foreign spouse to his/her Filipino spouse and family, legal 
3 
separation, or termination of the marital status by annulment, declaration of nullity of 
4 
marriage or divorce where the cause is attributable to the foreign spouse, shall constitute 
5 
grounds for cancellation of the immigrant visa issued to the foreign spouse; 
6 
(b) A person of Filipino descent regardless of generation; 
7 
(c) A child born to a foreign mother during her temporary visit abroad, the mother 
8 
being a lawful permanent resident of the Philippines, if accompanied by or coming to join the 
9 
mother who applies for admission within five (5) years from the birth of the child; 
10 
(d) A child born subsequent to the issuance of an immigrant visa to the accompanying 
11 
parent, the visa not having expired or revoked; 
12 
(e) A foreign national who had been previously lawfully admitted into the Philippines 
13 
for permanent residence who is returning from a temporary visit abroad to an unrelinquis~ed 
14 
residence in the Philippines; and 
15 
(f) A natural-born citizen who becomes a naturalized citizen of a foreign country and 
16 
is returning to the Philippines for permanent residence therein, including his/her spouse and 
17 
minor children accompanying or following to join him/her, except the one who has re-
18 
acquired or retained his/her Philippine citizenship pursuant to Republic Act No. 9225. 
19 
SEC. 38. Status of Children Born to Foreign Nationals. -
(a) A child born in the 
20 
Philippines to parents who are foreign nationals and lawful residents of the Philippines shall 
21 
be deemed a native-born permanent resident. (b) A child born to parents who are both non-
22 
immigrants shall be deemed a native-born non-immigrant or temporary resident and may 
23 
remain in the Philippines only during the period 'of authorized stay of the parents, unless 
24 
he/she reaches the age of eighteen (18) years while continuously residing in the 
25 
Philippines, in which case he/she may apply for naturalization under existing laws or for 
26 
an appropriate visa. 


23 
CHAPTER 3 
2 
ADJUSTMENT OF STATUS 
3 
SEC. 39. Conditions for, Adjustment of Status of Foreign Nationals. -
The status 
4 
of a foreign national admitted into the Philippines as non-immigrant may be adjusted by the 
5 
Board to that of a foreigner lawfully admitted as a permanent resident if: (a) the foreigner 
6 
makes an application for such adjustment; (b) the foreigner is eligible to receive a quota or 
7 
non-quota immigrant visa and is admissible to the Philippines as a permanent resident: and 
8 
(c) a quota immigrant visa, if such is the case, is immediately available to him/her at the time 
9 
of his/her application, without the need of first departing from the Philippines, In all such 
10 
cases, the personal appearance of the foreigner shall be required during the consideration of 
11 
hislher application. 
12 
SEC. 40. Effect of Approval on Application for Adjustment.'- Upon the approval 
13 
of an application for adjustment of status under the preceding section, the Commissioner 
14 
shall record the foreign national's lawful admission as a permanent resident as of the date of 
15 
the approval of the application and shall be included as part of the quota for the calendar 
16 
year in accordance with Section 34 of this Act. 
17 
SEC. 41. Adjustment of Status, When Not Allowed. -
Adjustment of status under 
18 
Section 34 of this Act shall not be applicable to (a) a foreign crewman, (b) a foreign national 
19 
who has violated or is in violation of immigration laws, rules and regulations unless the same 
20 
is through no fault of his/her own or for purely technical reasons, (c) a foreign national 
21 
admitted as a temporary visitor without visa, and (d) transients, 
22 
CHAPTER 4 
23 
DOCUMENTATION AND ADMISSION OF NON-IMMIGRANTS 
24 
SEC. 42. Documentary Requirements of Non-immigrants. - Non-immigrants must 
25 
present for admission into the Philippines valid passports issued by the governments of the 
26 
countries to vyhich they owe allegiance to or other travel documents showing their nationality 
27 
and identity as prescribed by regulations and a valid visa granted by the Philippine Consular 


24 
Officer, if required under existing laws, rules, regulations, or multi-lateral or bilateral 
2 
agreements. 
3 
SEC. 43. Conditions and Period of Authorized Stay of Temporary Visitors. -
The 
4 
initial period of authorized stay of a foreign national admitted as a temporary visitor under 
5 
Section 33 of this Act shall not exceed two (2) months from the date of arrival. Extensions of 
6 
authorized stay may be granted under terms and conditions as may be prescribed by the 
7 
Commissioner: Provided, That the total period of authorized stay shall not exceed twenty-four 
8 
(24) months: Provided further, That during the foreign national's authorized stay: (a) he/she 
9 
shall not take any employment, whether paid or unpaid; (b) he/she shall not establish or join 
10 
in any business; or (c) he/she shall not enroll and become a student at a school, college, 
11 
university, academy, or other educational institution, unless he/she is granted, upon proper 
12 
application, a conversion to another immigration status provided under this Act. 
13 
SEC. 44. Conditions for Issuance of Pre-arranged Visas. -
A foreigner who is 
14 
coming to the Philippines for prearranged employment shall not be issued a non-immigrant 
15 
visa referred to in Section 33 (g) until the Consular Officer shall have received authorization 
, 
16 
for the issuance of the same. Such authorization shall be given only upon the filing of a 
17 
petition with the Board establishing, among others, that no person can be found in the 
18 
Philippines willing and competent to perform the work or service for which the foreigner is 
19 
desired and that his/her admission would be beneficial to the public interest. The petition 
20 
shall be under oath by the prospective employef or his/her representative in the form and 
21 
manner prescribed by the Board. 
22 
If the Board finds that the petition complies with the requirements of the preceding 
23 
paragraph and of other regulations, it shall grant the petition and shall promptly transmit the 
24 
authorization to the Department of Foreign Affairs andlor the Consular Office concerned. 
25 
SEC. 45. Submission of Crew List and Passenger Manifest to the Commission. -
26 
Simultaneous to the vessel's departure from the port of origin, the master, captain, agent, 
27 
owner or consignee of any commercial vessel arriving to the Philippines shall submit to the 
28 
Commission, within a reasonable time prior to such arrival, the crew lists, passenger 


25 
manifests and such other information concerning the persons arriving on such a vessel. In 
2 
the same manner and condition, the master, captain, agent, owner or consignee of any 
3 
commercial vessel departing from any port in the Philippines shall submit to the Commission, 
4 
within a reasonable time prior to such departure, the crew list, passenger manifest and such 
, 
5 
other information concerning the persons departing on such vessel. 
The crew list of an 
6 
incoming sea craft shall be duly visaed by the appropriate Consular Officer. 
7 
SEC. 46. Inspection of Crewmembers. - It shall be the duty of the master, captain, 
8 
agent, owner or consignee of any vessel arriving in the Philippines to have available on 
9 
board, for inspection by the Immigration Officer, any foreign crewmember employed on such 
10· 
vessel and to detain such crewmember on board after inspection and to remove such 
11 
crewmember when required by the immigration authorities. No crewmember on board such 
12 
vessel shall be discharged while the vessel is in port without the permission of the 
13 
Commissioner. 
14 
SEC. 47. Permission for Temporary Landing of a Foreign Crewmember. -
A 
15 
foreign crewmember on a vessel arriving in the Philippines may be permitted to land 
16 
temporarily under such conditions as may be prescribed by the Commissioner. All expenses 
17 
incurred by the Commission while the crewmember is on land shall be borne by the master, 
18 
captain, agent, owner or consignee of the carrying vessel. 
19 
CHAPTER 5 
20 
REFUGEE STATUS 
21 
SEC. 48. Grant of Refugee Status. - Persons seeking refugee status may apply for 
22 
recognition as a refugee upon seeking admission at any port of entry or within a reasonable 
23 
time thereafter. Refugee status shall be granted after a determination by the Board that an 
24 
applicant meets the qualifications of a refugee as defined in Section 3(z) hereof. Refugee 
25 
status shall not be granted to an applicant if he/she: 
26 
(a) has committed a crime against peace, a war crime, crime against humanity or any 
27 
other crime under international law; 


26 
(b) has committed a serious non-political crime outside the Philippines prior to his 
2 
admission as a refugee; or 
3 
(c) has been guilty of an act contrary to the purposes and principles of the United 
4 
Nations. 
5 
SEC. 49. Cessation of Refugee Status. - Refugee status granted under the previous 
6 
section shall cease if a refugee: 
7 
(a) Voluntarily repatriates himself/herself or has re-established himself/herself in 
8 
another State; 
9 
(b) Acquired a new nationality and enjoys the protection of such a State; or 
10 
(c) Can no longer continue to refuse to avail the protection of the country of his/her 
11 
nationality or, not having a nationality, is able to return to the country of former habitual 
12 
residence in view of the cessation of the reasons that resulted to his/her being a refugee: 
13 
Provided, That this ground shall not apply if a refugee is able to invoke compelling reasons 
14 
arising out of the previous persecution. 
15 
SEC. 50. Effect of Grant of Refugee Status to Refugee Dependents. - A spouse, 
16 
minor child, and other dependents of a foreigner who is granted a refugee status may, if not 
17 
otherwise eligible under Section 48, be granted the same status as the refugee to assure 
18 
family unity or when it is in the public interest. 
19 
SEC. 51. Confidentiality of Information. -
In proceedings for the recognition of 
20 
refugee status, the confidentiality of information shall be respected and no information 
21 
relating to the refugee shall be shared with the country of origin, directly or indirectly. 
22 
SEC. 52. Burden of Proof. - In proceedings for the recognition of refugee status, the 
23 
burden of proof lies with the applicant, subject to the principle of non-refoulment. 
24 
SEC. 53. Stay of Exclusion or Deportation. -
Notwithstanding the provisions of 
25 
Sections 78 and 86, the exclusion from entry and deportation of a foreigner shall be stayed 
26 
during the pendency of an application for refugee status. Where grounds under Section 78 
27 
are present, the refugee shall be allowed entry and the application shall be immediately 
28 
referred by the Immigration Officer to the Board. 


27 
SEC. 54. Detention of Refugee. - Detention of applicants for refugee status shall only 
2 
be resorted to in cases arising out of illegal entry or unauthorized stay after consideration of 
3 
other alternatives, as may be determined by the Commissioner. 
4 
CHAPTER 6 
5 
DOCUMENTATION AND ADMISSION OF IMMIGRANTS 
6 
SEC. 55. Documentary Requirements .of Immigrants; Instances When Not 
7 
Required. -
Immigrants must present for admission into the Philippines valid passports or 
8 
travel documents issued by the government of the country to which they owe allegiance, 
9 
showing their nationality and identity and valid visas issued by the Consular Officer indicating 
10 
the date of issue and the period of validity thereof. Immigrant visas shall not be required of 
II 
the following: 
12 
(a) A child born subsequent to the issuance of a valid immigrant visa to the 
13 
accompanying parent; 
14 
(b) A child born during the temporary visit abroad of the mother who is a lawful 
15 
permanent resident of the Philippines and a holder of a valid reentry permit, if the child is 
16 
accompanied by either parent within five (5) years from the date of the child's birth; and 
17 
(c) A foreigner who is returning to an unrelinquished lawful permanent residence in the 
18 
Philippines after a temporary residence abroad and presents for admission a valid reentry 
19 
permit. 
20 
Chapter 7 -
Visa Issuance 
, 
21 
SEC. 56. Nature of Visa. -
Nothing in this Act shall be construed to automatically 
22 
entitle any foreign national to whom a visa or other travel document has been issued to enter 
23 
the Philippines if, upon arrival at a port of entry, he/she is found to be inadmissible under this 
24 
Act or any other law. 
25 
SEC. 57. Requirement of Issuance of Visa. - Under the conditions and subject to 
26 
the limitations prescribed in this Act or regulations issued hereunder, the Commissioner may 
27 
approve the issuance of an immigrant visa upon the recommendation of a Consular Officer in 
28 
the following manner: 


28 
(a) 
An immigrant visa may only be issued to a foreign national who has made a 
2 
proper application therefor, which shall specify the foreign country, if any, to which the quota 
3 
the number is assigned, the immigrant's particular status in such country, the preference to 
4 
which the foreigner is classified, the date on which the validity of the visa shall expire, and 
5 
such additional information as may be required. 
6 
(b) 
The Department of Foreign Affairs, through its Consular Office abroad and 
7 
through the Office of the Visa Director, shall approve the issuance of a non-immigrant visa to 
8 
a foreign national who has made a proper application therefor in accordance with Section 33 
9 
of this Act. 
10 
All diplomatic visas under Section 33 (e) of this Act shall be exclusively issued by the 
11 
Department of Foreign Affairs in accordance with the Vienna Convention on Diplomatic 
12 
Relations. 
13 
All other non-immigrant visas under Section 33 shall be issued by the Consular 
14 
Officer, when the application is made abroad, or may be issued by the Office of the Visa 
15 
Director, when the application is made in the Philippines for conversion or renewal. 
16 
The issuance of special non-immigrant visas falling under the jurisdiction of a 
17 
particular government office or agency can only be done in coordination with and upon 
18 
recommendation of the government agency or office concerned. 
19 
SEC. 58. 
Requirements for Physical and/or Mental Examination Prior to 
20 
Issuance of Immigrant Visa. - Prior to the issuance of an immigrant visa to any foreign 
21 
national, the Consular Officer shall require such person to submit to a physical and mental 
22 
examination in 
accordance with such regulations as may be prescribed by the 
23 
Commissioner. In addition, said foreign national shall be required to personally plant fifty 
24 
(50) trees, except when he/she is physically incapable of doing so, in which case, he/she 
25 
may cause another person to plant the trees. 
26 
SEC. 59. Validity of Visa. -
A non-immigrant or immigrant visa issued by a Consular 
27 
Officer abroad pursuant to Section 57 of this Act shall be valid for a period not exceeding six 


29 
(6) months, In prescribing the period of validity of a non-immigrant visa, the Consular Officer 
2 
shall, insofar as practicable, accord to such nationals the same treatment on a reciprocal 
3 
basis as such foreign country accords to citizens of the Philippines who are within a similar 
4 
class, An immigrant visa may be replaced under the original number during the calendar year 
5 
in which the original visa was issued for a foreigner who establishes to the satisfaction of the 
6 
Consular Officer that he/she was unable to use the original immigrant visa during the period 
7 
of its validity for reasons beyond his/her control: Provided, That the foreign national is found 
8 
by the Consular Officer to be eligible for another immigrant visa and has paid all the fees, 
9 
SEC. 60. Denial of Visa, Grounds Thereof -
The Consular Officer may deny the 
10 
application for visa (a) if it appears from the statements in the application or in the documents 
II 
submitted the applicant is not entitled to a visa under this Act; or (b) if he/she fails to comply 
12 
with the requirements of the provisions of this Act. 
13 
SEC. 61. Revocation of Visa Issued by Consular Officer. -
The Commissioner 
14 
may, for valid cause and upon confirmation of the Secretary of Foreign Affairs, revoke the 
15 
visa issued by any Philippine Consular Office, If the notice of revocation is not received and 
16 
the visa holder applies for admission into the Philippines, his/her admission or entry shall be 
17 
determined by the Immigration Officer upon his/her arrival at the port of entry, 
18 
CHAPTER 8 
19 
RE-ENTRY AND EMIGRATION CLEARANCE 
20 
SEC. 62. Re-entry, -
Every time a registered foreign national, except a temporary 
21 
visitor, departs or is about to depart temporarily from the Philippines with the intention to 
22 
return, he/she must pay a re-entry fee, emigration clearance fee and head fee: Provided, 
23 
That said foreign national returns to the Philippines within a period of one (1) year from 
24 
his/her departure in order to maintain his/her visa category, Otherwise, he/she shall apply for 
25 
an extension of the period within which to return prior to its expiration and pay the prescribed 
26 
fees and charges therefor: Provided, That if his/her authorized stay is less than one (1) year, 
27 
he/she shall pay a special return fee, emigration clearance fee and head fee for every 
28 
departure: Provided, further, That in both cases, if the registered foreign national departs 


2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
30 
permanently from the Philippines, he/she shall surrender all his/her Philippine immigration 
documents to the Commission and apply for and be issued an Emigration Clearance 
Certificate upon payment of the prescribed fees and charges therefor, subject to the following 
conditions: 
(a) He/she has no pending obligation with the government or any of its agencies or 
instrumentalities; 
(b) He/she has no pending criminal, civil, or administrative proceeding which requires 
his continuE;:d presence in the country; and 
(c) There is no ongoing legislative inquiry where he/she is called upon to testify as a 
witness. 
SEC. 63. Emigration Clearance. -
Any temporary visitor departing from the 
Philippines shall, after the expiration of his/her initial authorized stay, apply for emigration 
clearance with the Commission and pay the prescribed fees and charges therefor. 
15 
CHAPTER 9 
16 
PRESIDENTIAL PREROGATIVES 
17 
SEC. 64. Presidential Prerogatives. -
Any provision of this Act to the contrary 
18 
notWithstanding, the President may: 
19 
(a) Deny the entry and admission into the Philippines of any foreign national or a class 
20 
of foreign nationals whenever the President finds that the entry would be detrimental to the 
21 
interest of the Philippines or impose such restrictions as he/she may deem appropriate; 
22 
(b) Waive passport and/or documentary reqUirements for non-immigrants and 
23 
immigrants under such terms and conditions as he/she may prescribe; 
24 
(c) Change the status of non-immigrants by allowing them to acquire permanent 
25 
residence status without necessity of a visa; 
26 
(d) Deport any foreign national, subject to the requirement of due process; 


31 
(e) Admit non·immigrants not otherwise provided for in this Act for humanitarian 
2 
considerations and when not detrimental to public interest, under such terms and conditions 
3 
as he/she may prescribe; 
4 
(f) Prohibit the departure from the Philippines of any person who is likely to disclose 
5 
national security information, or who is likely to organize a rebellion abroad against the 
6 
Philippines, or whose presence in the country is necessary to face, or be a witness in, 
7 
criminal proceedings; and 
8 
(g) Exercise, with respect to foreign nationals in the Philippines, such powers as are 
9 
recognized by the generally accepted principles of international law. 
10 
11 
12 
13 
14 
15 
SEC. 65., 
TITLE IV 
PROVISIONS RELATING TO ENTRY 
CHAPTER 1 
CLASSIFICATION OF PORTS OF ENTRY 
Authority to Classify Ports. - The Commissioner shall classify and 
16 
designate, from among the ports of entry established by law for immigration purposes, limited 
17 
or unlimited ports of entry through which foreigners may be admitted into the Philippines. 
18 
Only such classes of foreigners as provided under the rules and regulations prescribed by 
19 
the Commissioner may be admitted at limited ports of entry. The Commissioner may, after 
20 
due notice to the public, close designated ports of entry in the interest of national security or 
21 
public safety. 
n 
CHAPTER 2 
23 
PROCEDURES ON ARRIVAL 
24 
SEC. 66. Inspection by Immigration Officer. -
A foreigner seeking admission or 
25 
readmission shall present his/her valid passport and visa, if required, to the immigration 
26 
officer at the port of entry and shall be subject to primary inspection. The decision of the 
27 
examining Immigration Officer, if favorable to the admission of any foreigner, may be 
28 
challenged by another Immigration Officer. The final determination of admissibility of such 


32 
foreigner shall be determined by the Commissioner in case no resolution is reached between 
2 
the Immigration Officers on the challenged admission. In case of admission, the Immigration 
3 
Officer shall indicate in the passport the date, the port of entry and the identity of the vessel 
4 
boarded. 
5 
SEC. 67. Detention or Quarantine for Examination. -
For the purpose of 
6 
determining whether a foreigner arriving at any port in the Philippines belongs to any of the 
7 
classes excludable under this Act by reason of being afflicted with any of the contagious or 
8 
communicable disease or mental disorder set forth under Section 78(a) of this Act or 
9 
whenever the Commissioner has received information showing that foreigners are coming 
10 
from a country or a place where any of such diseases are prevalent or widespread, the 
11 
foreigner shall be detained or quarantined for a reasonable period of time to enable the 
12 
immigration and medical officers to subject such person to observation and examination. 
13 
SEC. 68. Medical Examination Requirement. - Any arriving foreign national whom the 
14 
examining Immigration Officer believes to belong under the class of excludable foreign 
15 
nationals specified in Section 78(a) herein shall be referred to designated medical officers for 
16 
physical and mental examination. Such medical officer shall certify his/her findings for the 
17 
information of the Immigration Officer. 
18 
SEC. 
69. Arrival Notice Requirements of Vessel. - The immigration authorities 
19 
shall be given prior notice of the arrival of any civilian vessel before such vessel comes into 
20 
any area in the Philippines from any place outside thereof. Such prior notice shall not be 
21 
required in the case of vessels with scheduled arrivals filed with the Immigration Officer in 
22 
charge at the international port of entry. 
23 
If, upon arrival in any area other than the designated port and there is no available 
24 
Immigration Officer therein, the master, pilot, captain, agent or consignee shall not allow the 
25 
passengers and crew members to disembark or leave the primary inspection area until the 
26 
immigration officer shall have conducted the primary inspection formalities. 
27 
SEC. 70. Contents of Notice of Arrival. -
The advance notice of arrival required in 
28 
the preceding section shall specify the following: . 


33 
(a) Type of vessel and registration marks; 
2 
(b) Visaed crewlist; 
3 
(c) Passenger manifest; 
4 
(d) Port of last departure; 
5 
(e) International port of intended destination, or other place authorized by the 
6 
Commissioner; 
7 
(f) Estimated time of arrival; and 
8 
(g) Authorized agent or representative at the place of arrival. 
9 
CHAPTER 3 
10 
FOREIGN CREWMEMBER 
11 
SEC. 71. Conditional Permit to Disembark. -
A foreign crewmember of a vessel 
12 
under Section 33(c) of this Act may be granted a conditional permit, in a form prescribed by 
13 
regulations, to disembark temporarily from the vessel on which he/she arrived while such 
14 
vessel remains in port under such terms and conditions as may be prescribed by the 
15 
Commissioner. 
16 
SEC. 
72. Confiscation and Cancellation of Permit; Deportation from the 
17 
Philippines. -
Upon the determination that the foreigner is not a bona fide crewmember or 
18 
does not intend to depart on the vessel that brought him, the Commissioner shall cancel and 
19 
confiscate the conditional permit already issued, take such foreigner into custody, and 
20 
require the owner, operator, captain, master, pilot, agent or consignee of the vessel on which 
21 
the foreigner arrived to receive and detain him/her on board. The expenses for his/her 
22 
removal, including the cost of detention and other expenses incidental thereto, shall be borne 
23 
by the owner, operator, captain, master, pilot, agent or consignee of such vessel. 
24 
SEC. 73. Liability for Overstaying Foreign Crewmen. -
A foreign crewmember who 
25 
remains in the Philippines in excess of the period allowed in the conditional permit issued to 
26 
him shall be solidarily liable with the owner, operator, captain, master, pilot, agent or 
27 
consignee of the vessel to pay the penalties prescribed in Section 126 of this Act. 


34 
SEC. 74. Liability for Unauthorized Discharge of Foreign Crewmember. -
It shall 
, 
2 
be unlawful fo'r any person, including the owner, operator, captain, master, pilot, agent or 
3 
consignee of any vessel to discharge any foreign crewmember employed a vessel arriving in 
4 
the Philippines and whilst in port, without first obtaining the prior permission of the 
5 
Commissioner. Otherwise, such person or owner, operator, captain, master, pilot, agent or 
6 
consignee of the vessel shall pay the Commission such fines as may be prescribed under 
7 
this Act. No such vessel shall be granted clearance from any port in the Philippines while 
8 
such fines remain unpaid or while the validity thereof is being determined: Provided, That a 
9 
clearance may be granted prior to such determination upon deposit of a sum or cash bond 
10 
sufficient to cover such fines as approved by the Commissioner. 
11 
SEC. 75. Duty to Report Desertion or //legal Landing of Foreign Crewmember. -
12 
The owner, operator, captain, master, pilot, agent or consignee of any vessel shall 
13 
immediately report, in writing, to the immigration officer all cases of desertion or illegal 
14 
disembarkation in the Philippines from the vessel, together with a description of such 
15 
foreigners and any information that shall result in their apprehension. 
16 
SEC. 76. Requirement for Submission of List of Newly Employed, Discharged 
17 
and //IegaJly Landed Foreign Crewmember. -
Prior to the departure of any vessel from 
18 
the last port in the Philippines destined to any place outside thereof, the owner, operator, 
19 
captain, master, pilot, agent or consignee thereof shall deliver to the Immigration Officer at 
20 
that port a list containing: (a) the names of crewmembers who were not employed thereon at 
, 
21 
the time of the vessel's arrival on such port but will depart thereat on the same vessel; (b) the 
22 
names of those, if any, who have been discharged; (c) those who have deserted or illegally 
23 
landed at that port, if any; and (d) such other additional information as the Commissioner 
24 
deems necessary. 
25 
SEC. 77. Liability for Failure to Submit Complete, True and Correct Report. -
In 
26 
case the owner, operator, captain, master, pilot, agent, or consignee, fails to submit a true 
27 
and complete list or report of foreigners, or to report cases of desertion or illegal landing, 
28 
he/she shall pay to the Commission such sum as may be prescribed under this Act. 
No 


35 
such vessel shall be granted clearance from any port in the Philippines while such fines 
2 
remain unpaid or while the validity thereof is being determined: Provided, that clearance may 
3 
be granted prior to such determination upon deposit of a sum or cash bond sufficient to cover 
4 
such fines as approved by the Commissioner. 
5 
CHAPTER 4 
6 
EXCLUSIONS 
7 
SEC. 78. Exclusion Grounds. - The following classes of foreign nationals shall not be 
8 
allowed entry and shall be excluded from the Philippines: 
9 
(a) 
Health Related Grounds 
> 
10 
1. Those who are found to be suffering from a communicable, dangerous or 
11 
contagious disease; 
12 
2. Those who are found to be suffering from mental disorder or associated 
13 
behavior that may pose threat to persons or danger to property; 
14 
3. Those who are found to be suffering from addiction to prohibited or regulated 
15 
substance; 
16 
(b) 
Economic Grounds 
17 
1. Those likely to become a public charge; 
18 
2. Those seeking entry for the purpose of performing skilled or unskilled labor, 
19 
without a permit from the Secretary of the Department of Labor and 
20 
Employment as required by law; 
21 
(c) 
Moral Grounds 
22 
1. Those coming to the Philippines to practice polygamy or who advocate the 
23 
practice of polygamy unless his/her religion allows such practices; 
24 
2. Those who are pedophiles, sexual perverts or those coming to the Philippines 
25 
for immoral purposes; 
26 
3. Those who are engaged or who seek to engage in prostitution or to procure or 
27 
attempt to procure prostitutes, or who receives in whole or in part the proceeds 
28 
of prostitution; 


2 
3 
36 
4. Those who, at the time of primary inspection, by the Immigration Officer exhibit 
any obnoxious behavior, contempt or disrespect for the said officer or any 
government official or Commission; 
4 
(d) 
Criminal and Security Grounds 
5 
1. Those who have been convicted of a crime involving moral turpitude or who 
6 
admit to the Immigration Officer having committed such crime, or who attempt 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
and conspire to commit the crime; 
2. Those who have been convicted, or who admit having committed, or are 
committing acts which constitute the elements of a violation or conspiracy to 
violate any law or regUlation of the Philippines or a foreign country relating to a 
controlled, regulated or prohibited substance, or who attempt or conspire to 
commit the crime; 
3. Those that the Philippine Government knows or has reason to believe is a 
trafficker of any controlled, regulated or prohibited substance or knows or has 
reason to believe is or has been an accomplice, accessory, abettor, or co-
conspirator in the illicit trafficking of any controlled, regulated or prohibited 
substance; 
4. Those who are fugitives from justice; 
5. Those who seek to enter the Philippines to engage in: 
a. Espionage or sabotage, or a violation or evasion of any laws prohibiting 
export of goods, technology or sensitive information; 
b. Any activity aimed to promote membership in an organization of 
syndicated criminal activities; 
c. Any activity, the purpose of which is to overthrow the Philippine 
government by force, violence or other unlawful means; and 
d. Any other unlawful activity. 


, , 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
37 
7. 
Those who are engaged or believed to be engaged or likely to engage in, aid, abet 
or finance any terrorist activity and members or representatives of a foreign 
terrorist organization; 
8. 
Those who have been identified by competent authorities, local or foreign, 
as having engaged or are engaging in human trafficking and smuggling; 
9. 'Those who are under fifteen (15) years of age and unaccompanied by or not 
coming to a parent, except that they may be admitted in the discretion of the 
Commissioner, if otherwise admissible; and 
10. Those who have been identified by competent authorities, local and foreign, as 
having engaged or are engaging in importation of contrabands and other 
prohibited articles into the country. 
SEC. 78-A. Minor Persons/ Minority. - Persons under fifteen (15) years of age, and 
not accompanied by or not coming to a parent, may be admitted: Provided, That the written 
consent of either parent aI/owing them to travel is presented. The written consent must cite 
the purpose of the travel and must be affirmed by the Philippine Consular post in the minor's 
country of origin. 
SEC. 79. Temporary Detention of Excludable Foreigners. -
For the purpose of 
ascertaining whether a foreigner arriving in the Philippines belongs to any of the excludable 
classes of foreigners provided for in this Act or related laws, the Immigration Officer, for a 
period not exceeding seventy-two (72) hours, may temporarily detain for investigation such 
foreigner either on board the vessel or at a place designated for the purpose at the expense 
of the master, captain, agent, owner or consignee of the carrying vessel. 
SEC. 80. Finality of Exclusion Order. -
An order by the Immigration Officer to 
exclude a foreign national who is excludable under Section 78 hereof is final and executory 
unless revoked by the Commissioner upon a timely appeal prior to the implementation of the 
exclusion ordElr. 


38 
SEC. 81. Authority to Waive Grounds for Exclusion. -
Except for grounds of 
2 
exclusion under Section 78(d), subparagraphs 1 to 8 and subparagraph 9, the Commissioner 
3 
may waive any of the grounds for exclusion mentioned therein. 
4 
SEC. 82. Procedure of Removal and Cost Thereof. - Any foreign national arriving in 
5 
the Philippines who is ordered excluded shall be immediately removed in the same 
6 
accommodation to the country where he/she boarded the vessel on which he/she arrived, 
7 
unless the Commissioner determines that immediate removal is not proper and practicable. 
8 
The cost of detention and other expenses incidental thereto shall be borne by the owner, 
9 
operator, master, pilot, captain, agent or consignee of the vessel on which he/she arrived. 
, 
10 
SEC. 83. Country Where Removal is to be Directed. -
If the government of the 
11 
country designated in the preceding section will not accept the foreign national into its 
12 
territory, his/her removal shall be directed by the Commissioner in his/her discretion and 
13 
without necessarily giving preference, either to: 
14 
(a) The country which he/she is a citizen or national; 
15 
(b) The country of birth; 
, 
16 
(c) The country of his/her habitual residence; or 
17 
(d) The country willing to accept the foreign national into its territory, if removal to any 
18 
of the foregOing countries is impractical or impossible. 
19 
SEC. 84. Obligation of Owner, Operator, Master, Captain, Pilot, Agent or 
20 
Consignee. -
It shall be unlawful for an owner,' operator, master, captain, pilot, agent, or 
21 
consignee of a vessel to refuse or fail to: 
22 
(a) Board a foreigner ordered excluded and removed under Section 78 hereof in the 
23 
same vessel or another vessel owned or operated by the same company; 
24 
(b) Detain a foreign national on board any such vessel at the port of arrival when 
25 
required by this Act or when so ordered by an Immigration Officer; 
26 
(c) Deliver a foreign national for medical or other examinations when so ordered by 
27 
such officer; 


2 
3 
4 
5 
6 
7 
S 
9 
10 
11 
12 
13 
14 
15 
16 
17 
IS 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
39 
(d) Remove a foreign national from the Philippines to the country to which his/her 
removal has been directed; or 
(e) Pay the cost of detention and other expenses incidental thereto of a foreign 
national incurrE(d while being detained as required by Section 82 of this Act or other costs 
necessary or incidental to his removal as provided in this Act. 
SEC. 85. Penalty for Non-compliance of Obligation. -
The owner, operator, 
master, captain, pilot, agent, or consignee of a vessel who violated Section 84 hereof shall 
pay the fines prescribed under this Act. 
No such vessel shall be granted clearance from 
any port in the Philippines while such fines remain unpaid or while .the validity thereof is 
being determined: Provided, That clearance may be granted prior to such determination 
upon deposit of a sum or cash bond sufficient to cover such fines as approved by the 
Commissioner. 
TITLE V 
DEPORTATION 
CHAPTER 1 
DEPORTABLE FOREIGN NATIONALS 
SEC. 86. 
Classes of Deportable Foreigners. - The following foreigners shall be 
arrested upon the order of the Commissioner and deported upon recommendation by the 
Board of Special Inquiry and approval by the Board: 
(a) Those who entered the Philippines by means of false and misleading statements or 
documents, misrepresentations or without inspection and admission by the immigration 
authorities; 
(b) Those who entered the Philippines who were not lawfully admissible at the time of 
entry; 
(c) Those who engage, abet or aid in the practice of prostitution including the owner, 
manager or inmates of a house of prostitution or are procurers, pedophiles or sexual 
perverts; 
(d) Those who, at any time after the date of entry, have become a public charge; 


, , 
40 
(e) Those who remain in the Philippines in violation of any period of limitation or 
2 
condition under which they were admitted; 
3 
(f) Those who believe in, advise, advocate or teach the overthrowing by force and 
4 
violence of the Government of the Republic of the Philippines, or duly constituted authority, 
5 
or those who do not believe in or are opposed to organized governments, or those who 
6 
advise, advocate or teach the assault or assassination of public officials by reason of their 
7 
office, or those who advise, advocate or teach the unlawful destruction of property, or those 
8 
who are members of or affiliated with any organization entertaining, advocating or teaching 
9 
such doctrines, or those who in any manner whatsoever extend assistance, financial or 
10 
otherwise, in the dissemination of such doctrines; 
II 
(g) Those who, at any time after entry, engage in, abet, aid or finance any terrorist 
12 
activity; 
13 
(h) Those who commit any violation of the provisions of this Act, independent of any 
14 
criminal action which may be brought against them: Provided, however, That in the case of a 
IS 
foreigner who, for any reason, is convicted and sentenced to suffer both imprisonment and 
16 
deportation, said foreigner shall first serve the entire period of his/her sentence before being 
17 
deported: Provided, further, That the penalty oJ imprisonment may be waived by the 
18 
President upon payment by the foreigner concerned of such costs, fines and/or damages, if 
19 
any, awarded to the government or any aggrieved party,; 
20 
(i) Those who, at any time after entry, are engaged in acts or omissions punishable 
21 
under Philippine penal laws cognizable by the Regional Trial Courts and the Sandiganbayan; 
22 
(j) Those who, at any time after entry, are convicted by final judgment of a crime 
23 
punishable under Philippine penal laws cognizable by the first level courts; 
24 
(k) Those who are guilty of any offense penalized under the naturalization laws of the 
25 
Philippines or any law relating to the acquisition of Philippine citizenship; 
26 
(I) Those who defraud their creditors by absconding or alienating properties to prevent 
27 
their attachment or execution; 
28 
(m)Those who were admitted as non-immigrants and who obtained an adjustment of 


41 
their admission status for convenience, or through fraud, falsification of documents, 
2 
misrepresentations or concealment of material facts; 
3 
(n) Those who violated Philippine labor and taxation laws, rules and regulations; 
4 
(0) Those who, upon prior investigation and hearing, are found to be undesirable and 
5 
whose further stay in the Philippines is inimical to public welfare and interest, or the dignity of 
6 
the Filipinos, or the Republic of the Philippines as a sovereign nation; 
7 
(p) Those who forge, counterfeit, alter or falsely make any document; or use, attempt to 
8 
use, possess, obtain, accept or receive or provide any forged, counterfeit, altered or falsely 
9 
made document; or use, attempt to use, provide, attempt to provide, accept or receive a 
10 
genuine document, even of another person, without authority to do so for the purpose of 
11 
satisfying or complying with the requirements for his/her stay in the Philippines; and 
12 
(q) Those whose presence or activities in the country may result in adverse 
13 
consequences to Philippine foreign policies as determined by the Secretary of Foreign 
14 
Affairs. 
15 
SEC. 87. Non-Prescription of Deportation Cases. - The right of the State to initiate 
16 
at any time deportation proceedings shall not prescribe: Provided, That no deportation 
17 
proceedings and orders shall be had against foreigners facing preliminary investigation, 
18 
prosecution and trial before competent authorities. 
19 
CHAPTER 2 
20 
DETENTION AND DEPORTATION OF FOREIGN NATIONALS 
21 
SEC. 88. 
Issuance of Summons. - If the Commissioner determines that there 
22 
exists a reasonable ground to deport a foreigner pursuant to Section 86 of this Act, he/she 
23 
may issue summons requiring the foreigner to appear in person before the designated 
24 
investigating officer at the time, date and place stated therein. 
25 
SEC. 89. Authority to Issue Letter Order. -
The Commissioner may issue a letter 
26 
order if he/she determines that a probable cause exists for the filing of deportation charges 
27 
against a foreigner for violation of immigration and other related laws, rules and regulations 


42 
or there is a strong probability that a deportable foreigner may flee from his/her place of 
2 
abode, go into hiding or surreptitiously leave the country. 
3 
SEC. 90. Formal Charge of Deportation. - A formal charge for deportation shall be 
4 
issued upon determination of the existence of a prima facie case against the foreigner. 
5 
Pending final determination of his/her deportation case, the foreigner shall, upon the 
6 
discretion of the Commissioner: (a) remain under detention; or (b) be released on bailor 
7 
recognizance. The bail may be revoked and confiscated in favor of the government if there 
8 
is sufficient evidence that the foreigner is evading the proceedings or is attempting to 
9 
abscond, in which case he/she shall be taken into custody and placed under detention by 
, 
10 
order of the Commissioner. 
11 
SEC. 91. 
Detention of a Foreigner Convicted of a Felony or an Offense. -
12 
After service of his/her sentence or compliance with the conditions of his/her parole or 
13 
probation, as the case may be, the foreigner shall be taken into custody and placed under 
14 
detention by order of the Commissioner. Pending final determination of the deportation case, 
15 
the foreigner may be ordered released under such terms and conditions prescribed by the 
16 
Commissioner. 
17 
SEC. 92. 
Voluntary Deportation, When Authorized. - In case the foreigner does not 
18 
contest the formal charge against him/her and opts to voluntarily leave the country at his/her 
19 
own expense, the Commissioner may waive the deportation proceedings and order the 
20 
departure within the period specified in the voluntary deportation order, except in cases of 
21 
violations of laws such as Republic Act No. 8042 otherwise known as the "Migrant Workers 
22 
and Overseas Filipinos Act of 1995": Provided, That he/she has not committed any criminal 
23 
offense or has no pending case in court: Provided, further, That the said foreigner so 
24 
deported shall be barred from re-entering the country without prior written authorization from 
25 
the Commissioner. 
26 
SEC. 93. Contents of an Order or Warrant of Deportation. - The order or warrant of 
27 
deportation shall be in the form prescribed by the Commissioner and shall state the grounds 
28 
therefor, the specific place where the foreigner is to be deported and the period within which 


43 
to execute such order. 
2 
SEC. 94. 
Period to Enforce Order of Deportation. - The order of deportation shall 
3 
be enforced immediately but in no case shall exceed three (3) months from the date it has 
4 
become final and executory. 
If deportation is not enforced within the prescribed period for 
5 
reasons beyond the control of the Commissioner, the foreigner shall remain in custody. 
6 
SEC. 95. Suspension of Deportation Order. - Upon application and payment of the 
7 
prescribed fees by the concerned foreigner, the Commissioner may suspend the 
8 
implementation of the deportation order and order his/her release for good cause, taking into 
9 
account the following factors: 
10 
(a) Age, health, family or conduct; 
11 
(b) Period of detention; 
12 
(c) Impact on national security and public welfare; 
13 
(d) Unavailability of travel documents; 
14 
(e) Existence of an application for refugee status; or 
15 
(f) Other humanitarian considerations. 
16 
SEC. 96. 
Reinstatement of a Deportation Order. - A deportation order previously 
17 
implemented against a foreigner who unlawfully re-entered the Philippines shall be deemed 
18 
automatically'reinstated and shall be implemented in accordance with this Act. 
This 
19 
provision shall also apply to a foreigner who departed voluntarily under Section 92 hereof. 
20 
SEC. 97. 
Country of Destination of a Deportee. - Except as provided for under 
21 
existing treaty or international agreement, a foreigner shall be deported to the country of 
22 
which he/she is a citizen or national, or to the country of his/her birth, or to the country of 
23 
which he/she is a resident, or to the country from which he/she embarked for the Philippines, 
24 
subject to the acceptance by the receiving country. 
25 
SEC. 98. Existence of Danger in the Country Where a Foreigner is to be Deported. 
26 
- No foreigner shall be deported to a country where there exists a danger to his/her life or 
27 
freedom on account of race, religion, nationality, political opinion or membership in a 
28 
particular political or social group, except in the following circumstances: 


44 
(a) 
The foreigner participated, induced or cooperated in the persecution of any 
2 
person on account of race, religion, nationality, political opinion or membership in a particular 
3 
political or social group in the country where he/she is to be deported; 
4 
(b) The foreigner is a fugitive from justice in the country where he/she is to be deported; 
5 
(c) The foreigner committed a serious non-political crime in the country where he/she is 
6 
to be deported; or 
7 
(d) The foreigner is undesirable in and/or a danger to the national security of the 
8 
Philippines, , 
9 
SEC. 99. 
Cost of Deportation. - The cost of deportation shall be borne by the 
10 
owner, operator, captain, master, pilot, agent or consignee of a vessel in case its foreign 
11 
crew member is to be deported for violation of Section 100 of this Act In all other cases, the 
12 
cost of deportation shall be borne by the deportee himself/herself, the concerned consular 
13 
office, nongovernment organizations or people's organizations with which the Commission 
14 
has an agreement on this matter, or from the appropriations for the enforcement of this Act 
15 
SEC. 100. 
Liability of Owner, Operator, Captain, Master, Pilot, Agent or 
16 
Consignee of a Vessel. - Failure or refusal on the part of the owner, operator, captain, 
17 
master, pilot, agent or consignee of a vessel to take on board, guard safely and transport the 
18 
deportee to his/her country of destination, or to shoulder the cost of deportation of the foreign 
19 
crew member as provided in Section 99 hereof, shall be punished by an administrative 
20 
penalty prescribed under this Act 
21 
SEC. 101. 
Expenses of Accompanying Person. - The Commissioner may, by 
22 
reason of the mental or physical condition of the deportee, direct an employee of the 
23 
Commission to accompany such deportee to the country of his/her destination, subject to the 
24 
provisions of the immediately preceding sections, 
25 
CHAPTER 3 
26 
INDIGENT FOREIGNERS 
27 
SEC. 102. 
Deportation of Indigent Foreigners. -
At any time after entry, the 
28 
Commissioner may deport indigent foreigners from the Philippines to the country of which 


45 
they are citizens or nationals, or country of birth, or country of residence, as the caSe may be. 
2 
The cost of deportation may be charged against the available funds of the Commission. Any 
3 
foreigner deported under this section shall be barred re-admission except upon written 
4 
authorization of the Commissioner. 
5 
This provision shall not apply to a foreigner declared as an indigent by any Philippine 
6 
court for purposes of filing a case or to pursue a cause of action which resulted in his/her 
7 
indigency until such action is resolved with finality: Provided, That no other grounds for 
8 
deportation exist during the pendency of the same. 
9 
TITLE VI 
10 
MISCELLANEOUS PROVISIONS 
11 
CHAPTER 1 
12 
REGISTRATION OF FOREIGN NATIONALS 
13 
SEC. 103. Requirement of Registration. -
All foreigners must register with the 
14 
Commission or any Immigration Office nearest his/her place of residence on or before the 
15 
sixtieth (60th) clay of his/her arrival in the Philippines. 
16 
SEC. 1.04. Registration Form and Oath. -
Applications for registration shall be under 
17 
oath anQ in such form as prescribed by the Commission. Upon registration, a certificate of 
18 
registration shall be issued by the Commission to the registrant. In case of loss or destruction 
19 
of the certificate, a replacement thereof may be issued by the Commission upon proper 
20 
application and payment of prescribed fees. 
21 
SEC. 105. Amendment of Registration. -
A registered foreign national shall notify 
22 
the Commission in writing of any change of information in his/her registration documents not 
23 
later than seven (7) days thereof. 
24 
SEC. 106. Presentation of Certificate of Registration. -
Every foreigner required 
25 
to register under this Act or the parent or guardian of such foreigner shall, upon demand of 
26 
any authorized immigration official, present his/her certificate of registration, and failure to do 
27 
so without justifiable cause shall be dealt with in accordance with the provisions of this Act. 


46 
SEC. 107. Reportorial Requirements. -
Every foreigner registered under this Act 
2 
shall, within the first sixty (60) days of every calendar year, report in person to the 
3 
Commission subject to the payment of prescribed fees. The parent or legal guardian of 
4 
foreigners bel0w fourteen (14) years of age shall have the duty to comply with the 
5 
requirementl> prescribed under this Act. 
6 
SEC. 108. Failure to Comply with Requirements. -
A foreigner, or his/her parent or 
7 
guardian, as the case may be, who, without justifiable reason, fails to comply with all the 
8 
requirements under this Act, or who files an application for registration containing statements 
9 
known by him/her to be false, or who utilizes registration documents other than his/her own, 
10 
shall be dealt with in accordance with the provisions of this Act and other existing laws. 
II 
SEC. 109. Cancellation of Registration of Foreign National. -
In case of death of a 
12 
foreigner registered under the provisions of this Act, his/her legal heir, representative or 
13 
administrator must inform the Commission within Sixty (60) days from death and the 
14 
Commission shall cancel such registration. The Local Civil Registrar or other Civil registry 
15 
officer of the locality where said foreigner died shall furnish the Commission with a copy of 
16 
the Certificate of Death within thirty (30) days from issuance thereof. Failure on the part of 
17 
the persons concerned to comply with the requirements of this section shall be dealt with 
18 
pursuant to the provisions of this Act. 
19 
20 
CHAPTER 2 
21 
BONDS AND DEPOSITS 
22 
SEC. 110. Bonds, When Required. -
The Commission shall have the authority to 
23 
require cash b,onds in such amounts and under such conditions as it may prescribe: 
24 
(a) To 'control and regulate the admission into, and departure from, the Philippines of 
25 
foreigners applying for temporary admiSSion; 
26 
(b) To insure against foreign passengers liable to be excluded as likely to become 
27 
public charges; and 


47 
(c) To insure the appearance of foreigners released from custody during the course of 
2 
deportation proceedings instituted against them. 
3 
SEC. 111. Requirement of Cash Deposits for Overtime Services. -
The 
4 
Commission shall likewise have the authority to require cash deposits in such amounts as 
5 
may be necessary from vessel's owner, operator, captain, master, pilot, agent, or consignee 
6 
or other persons served to cover payments for overtime services to be performed by officers 
7 
and employees of the Commission. 
8 
SEC. 112. Cancellation and Forfeiture of Bonds. - When the conditions of the 
9 
bond are fulfilled, or in case of a bond posted to insure against a foreigner becoming a public 
10 
charge, when the Commissioner decides that the likelihood no longer exists, or death of the 
11 
foreigner in whose behalf the bond is posted, the bond shall be cancelled and released to the 
12 
depositor or his/her legal representative. In case of violation of the conditions of the bond, the 
, 
13 
same shall be forfeited and deposited in a trust fund account which may be utilized for the 
14 
purchase of passage tickets of indigent deportees and to cover. the costs of operations in the 
15 
arrest of a deportee who jumps bail. 
16 
CHAPTER 3 
17 
RECOGNIZANCE 
18 
SEC. 113. 
Petitions for Recognizance, Sanction for Breach of Conditions. -
19 
The Commissioner may order the release of a foreigner upon recognizance of his/her 
20 
lawyer or a person who is of good standing in the community, under such terms and 
21 
conditions as he/she may prescribe. Failure to comply with the terms and conditions of the 
22 
recognizance shall subject said lawyer or person to a fine of not less than Fifty thousand 
23 
pesos (P50,OOO.OO) but not more than One hundred thousand pesos (Pi00,OOO.OO), without 
24 
prejudice to other administrative sanctions and/or proceedings against the erring party. 


48 
CHAPTER 4 
2 
COOPERATION AND COORDINATION WITH OTHER OFFICES 
3 
SEC. 114. Working Cooperation with the Department of Foreign Affairs. - For 
4 
purposes of efficient implementation and administration of this Act, the Commission shall 
5 
maintain a working cooperation with the Department of Foreign Affairs. 
6 
SEC. 115. Working Cooperation with the Commission on Higher Education. -
7 
The Commission shall maintain a working cooperation with the Commission on Higher 
8 
Education with respect to accreditation of schools and learning centers for enrolment of 
9 
foreign students as authorized under this Act. 
10 
SEC. 116. Coordination with Law Enforcement, Security and Other Offices. -
11 
The Commissioner shall have authority to maintain coordination with the National Security 
12 
Council, the Philippine National Police, and other law enforcement agencies of the 
13 
government. 
14 
CHAPTER 5 
15 
FEES AND CHARGES 
16 
SEC. 117. Authority of the Commissioner to Prescribe, Impose and Col/ect Fees 
17 
and Charges. -
The Commissioner is authorized to prescribe, impose and collect fees and 
18 
charges for services rendered pursuant to the provisions of this Act, which shall take effect 
19 
fifteen (15) days after the last pUblication thereof for two (2) consecutive weeks in a 
20 
newspaper of general circulation. 
21 
SEC. 118. Head Fee. -
Every foreign national who is at least fourteen (14) years of 
22 
age and admitted to the Philippines for a temporary stay exceeding sixty (60) days shall pay 
23 
a head fee in an amount to be fixed by the Board. 
24 
25 
CHAPTER 6 
26 
ADMINISTRATIVE FINES AGAINST VESSELS 
27 
SEC. 119. 
Fine for Failure to Submit Crew List or Passenger Manifest, or 
28 
Failure to Account Every Passenger and Crew. -
Any pilot, master, agent, owner or 


49 
consignee of a vessel arriving at any port in the Philippines from a place outside thereof who 
2 
fails to submit to the immigration authorities a complete and accurate crew list or passenger 
3 
manifest, or fails to produce or account every crewmember or passenger whose name 
4 
appears in said list or manifest shall be subject to fines of One hundred thousand pesos 
5 
(Pi00,000.00) and Fifty thousand pesos (P50,000.00) for 
each unaccounted person, 
6 
resPE:1ctively. 
7 
SEC. 120. Fine for Violation of Obligation on the Landing or Removal of 
8 
Foreigners. -
A pilot, master, agent, owner or consignee of any vessel arriving at a port of 
9 
the Philippines from a place outside thereof in violation of this Act shall be fined not less 
10 
than Fifty thousand pesos (P50,000.00) but not more than Two hundred thousand pesos 
11 
(P200,000.00) for each violation. 
12 
SEC. 
121. Fine for Bringing Undocumented Foreigner, or Foreigner Afflicted 
13 
with Communicable or Contagious Disease, or Suffering from Mental Disorder. -
The 
14 
pilot, master, agent, owner or consignee of the vessel arriving at a port in the Philippines 
15 
from a place outside thereof bringing on board an undocumented foreigner shall be fined 
16 
One hundred thousand pesos (Pi 00,000.00) for each foreigner. If the foreigner is afflicted 
17 
with a communicable or contagious disease or is suffering from mental disorder, the fine 
18 
shall be not less than Two hundred thousand pesos (P200,000.00) but not more than Three 
19 
hundred thousand pesos (P300,000.00) for each foreigner. 
20 
SEC. 122. 
Fine for Bringing a Foreigner to Assist His Illegal Entry or 
21 
Misrepresenting a Foreigner as a Member of the Crew. -
The pilot, master, agent, owner 
22 
or consignee of the vessel arriving at any port in the Philippines from a place outside thereof 
23 
bringing on board a foreigner bound for the Philippines to assist his/her illegal entry, or 
24 
misrepresenting the foreigner to the immigration officer at the port of arrival as a bona fide 
25 
member of the crew, shall be fined not less than One hundred thousand pesos 
26 
(Pi 00,000.00) but not more than Two hundred thousand pesos (P200,000.00) for each 
27 
foreigner. 


• 
50 
SEC. 123. 
Fine for Violation of Other Provisions of this Act. 
-
The pilot, 
2 
master, agent, owner or consignee of any vessel arriving at any port of the Philippines from 
3 
a place outside thereof who violates any other provision of this Act not specifically provided in 
4 
this Chapter shall be fined not less than Fifty thousand pesos (P50,OOO.00) but not more 
5 
than Two hundred thousand pesos (P200,OOO.00) for each violation. 
6 
CHAPTER 7 
7 
OTHER PENAL PROVISIONS 
8 
SEC. 124. Other Prohibited Acts and Penalties Thereof. - Any person who shall 
9 
commit any of the acts specified hereunder shall, upon conviction, suffer the penalty of 
10 
prision correccionai in its maximum period to prision mayor in its minimum period or a fine of 
II 
not less than One hundred thousand pesos (P100,OOO.00) but not more than Five hundred 
12 
thousand pesos (P500,OOO.00) or both, at the discretion of the court: 
13 
(a) Impersonates another individual, or falsely appears in the name of a deceased 
14 
individual, or evades the immigration laws by using an assumed or fictitious name when 
15 
applying for an immigration document; 
16 
(b) Issues or otherwise disposes of an immigration document or an immigration 
17 
accountable form, to any person not authorized by law to receive such documents; 
, 
18 
(c) Obtains, manufactures, prints, accepts or uses any immigration or travel document 
19 
knowing it to be false or uses immigration accountable form that is not legally issued; 
20 
(d) Enters the Philippines without inspection and admission by the immigration 
21 
authorities, or obtains entry into the Philippines by fraud, misrepresentation, or concealment 
22 
of material facts; 
23 
(e) Misrepresents himself/herself to be a Philippine citizen; 
24 
(f) Knowingly makes under oath any false statement regarding any immigration 
25 
matter; or 
26 
(g) Brings into, or lands in the Philippines, or conceals, harbors, employs, or gives 
27 
comfort to any person not duly admitted by any immigration officer or not lawfully entitled to 


· 
. 
~ 
51 
enter into or resides within the Philippines, or attempts, conspires with, or aids another to 
2 
commit any such acts. 
3 
Where the offender of any acts specified in paragraph (g) of this section is a 
4 
corporation, company, partnership or other juridical entity, the president, general manager, 
5 
managing partner, or chief executive officer thereof shall be held liable. Dismissal of the 
6 
employee by the employer before or after apprehension shall not relieve such employer from 
7 
any liability ari~ing from the offense: Provided, That if the offender is the pilot, master, agent, 
8 
owner, consignee, or other person in charge of the vessel which brought the foreigner into 
9 
the Philippines from any place outside thereof, the fine imposed under this section shall 
10 
constitute a lien against the vessel which may be enforced in the same manner as fines are 
11 
collected and enforced under existing laws. Such vessel shall not be allowed to depart 
12 
without prior clearance issued by the Commission. Where forfeiture is justified under the 
13 
particular circumstances of the case, the forfeiture of the vessel in favor of the government in 
14 
lieu of the fine shall be decreed. 
15 
Conviction by final judgment of any offense punishable under this Act or other related 
16 
laws shall result in the automatic revocation or cancellation of any immigration document 
17 
issued to the offender, including that of his/her spouse and unmarried children, if applicable. 
18 
SEC. 125. Penalty for Non-compliance of Subpoena. -
Any person who, having 
19 
been duly served with a subpoena, fails to comply without valid and justifiable reasons shall, 
20 
upon conviction, suffer the penalty of imprisonment of not more than fifteen (15) days or a 
21 
fine of not more than One thousand pesos (P1 ,000.00), or both, at the discretion of the court. 
22 
SEC. 126. Penalty for an Overstaying Crewmember. -
Any foreign crewmember 
23 
who wilfully remains in the Philippines beyond the period allowed him/her for temporary 
24 
landing shall, upon conviction, suffer the penalty of imprisonment of six (6) months or fine of 
25 
not less than Fifty thousand pesos (P50,000.00) but not more than One hundred thousand 
26 
pesos (P100,OOO.00), or both, at the discretion of the court. 
27 
SEC. 127. 
Imposition of Maximum Penalty, When Applicable. -
A person 
28 
convicted under Republic Act No. 3019, as amended, otherwise known as the "Anti-Graft and 


• 
• 
52 
Corrupt Practices Act", or other laws against corruption and bribery who shall violate or 
2 
circumvent any provisions of this Act shall, upon conviction, suffer the maximum penalty for 
3 
such offense as provided under this Act. 
4 
CHAPTER 8 
5 
FUNDING 
6 
SEC. 128. Funding. -
In addition to its annual budget under the General 
7 
Appropriations Act, the Commission is hereby authorized to retain and use thirty percent 
8 
(30%) of its income derived from collection of immigration fees, fines, penalties and charges 
9 
for maintenance and other operating expenses, intelligence and law enforcement, 
10 
information and communication technology infrastructure, transportation facilities and other 
11 
capital outlay expenditures. The Commission is likewise hereby authorized to retain and use 
12 
its income in excess of the prescribed collection target. 
13 
CHAPTER 9 
14 
TRANSITORY PROVISIONS 
15 
SEC. '129. Staffing Pattern and Salary Schedule. - To carry out the provisions of 
16 
this Act, the Commissioner shall submit a new staffing pattern and salary schedule for 
17 
personnel services to the Secretary of the Department of Budget and Management for 
18 
approval, which shall be in accordance with the Salary Standardization Law and other 
19 
applicable laws under the National Compensation and Classification Plan. 
20 
SEC. 130. Reorganization of the Commission. -
Upon approval of this Act, all 
21 
employees of Bureau of Immigration covered by the civil service law and regulations 
22 
shall continue to hold their present positions pending the reorganization of the 
23 
Commission in accordance with the new staffing pattern: Provided, That the salaries, 
24 
wages, allowances and other benefits of incumbent officers and employees of the 
25 
Commission shall not be subject to diminution: Provided, further, That in the event that the 
26 
positions are abolished in accordance with the reorganization, the affected employees shall 
27 
be retained. Provided, finally, That employees who have been dismissed for cause shall no 
28 
longer qualify for any position in the Commission. 


,-
53 
SEC. 131. Inventory and Transfer of Properties, Accounts, Assets, Liabilities and 
2 
Obligations to the Commission. -
All buildings, properties, equipment, facilities, accounts, 
3 
other assets, liabilities and other obligations as well as records of the Bureau of Immigration 
4 
shall be properly inventoried and transferred to the Commission. 
5 
SEC. 132. 
Treaty or Agreement. - Any treaty or agreement entered into between 
6 
the Philippines and any foreign state before the effectivity of this Act shall remain in force and 
7 
effect. 
s 
SEC. 133. Pending Cases. - Any prosecution, suit, action, proceeding, or any act or 
9 
matter, civil or criminal, pending at the time of the effectivity of this Ad shall not be affected 
10 
by the provision of this Act unless otherwise applicable. 
11 
12 
CHAPTER 10 
13 
ADMINISTRATION AND IMPLEMENTATION 
14 
SEC. 134. Administration and Implementation Abroad. - The administration and 
15 
implementation of this Act abroad, including the rules and regulations as well as policies 
16 
ariSing from it shall be the responsibility of the Department of Foreign Affairs through 
17 
Philippine diplomatic and consular establishments, 
18 
19 
SEC. 135. Implementing Rules and Regulations. 
The Commission, upon 
20 
consultation with the Department of Foreign Affairs and other concerned government 
21 
agencies or offices and subject to the approval by the Secretary, shall promUlgate the rules 
22 
and regulations for the implementation of this Act within one hundred twenty (120) days from 
23 
its effectivity, , 
24 
25 
26 
27 
28 


.. 
54 
CHAPTER 11 
2 
FINAL PROVISIONS 
3 
SEC. 136. Separability Clause. -
If any of the provisions of this Act is held invalid or 
4 
unconstitutional the other provisions not affected thereby shall continue to be in force and 
5 
effect. 
6 
7 
SEC. 137. 
Repealing Clauses. - (a) Commonwealth Act No. 613, otherwise known 
8 
as the Philippine Immigration Act of 1940, as amended, is hereby repealed; (b) All laws, 
9 
presidential decrees, executive orders, proclamations, memorandum orders, instructions, 
10 
rules and regulations or parts thereof inconsistent with this Act are hereby amended or 
11 
modified accordingly. 
12 
SEC. 138. Effectivity Clause. -
This Act shall take effect fifteen (15) days after its 
, 
13 
complete publication in the Official Gazette or in two (2) newspapers of general circulation. 
14 
Approved,